Decree No. 59/2019/ND-CP detailing the Anti-Corruption Law

DECREE

Detailing a number of articles of, and measures to implement, the Anti-Corruption Law^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 20, 2018 Anti-Corruption Law;

At the proposal of the Inspector-General of the Government Inspectorate;

The Government promulgates the Decree detailing a number of articles of, and measures to implement, the Anti-Corruption Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details:

1. The following articles and clauses of the Anti-Corruption Law:

a/ Clause 1, Article 15, regarding accountability;

b/ Article 17, regarding criteria for assessment of anti-corruption work;

c/ Article 22, regarding offer and receipt of gifts;

d/ Article 23, regarding control of conflicts of interests;

dd/ Clause 4, Article 25, regarding working positions subject to periodical reassignment and reassignment cycles at ministries, ministerial-level agencies, government-attached agencies and local administrations;

e/ Clause 4, Article 71, regarding the order, procedures and duration for suspending work of persons with positions and powers or temporarily transferring them to other working positions; enjoyment of salaries, allowances and other lawful rights and interests, compensation, and restoration of lawful rights and interests of persons with positions and powers after competent agencies, organizations or units conclude that such persons commit no act of corruption;

g/ Article 80, regarding application of anti-corruption measures in enterprises and organizations in the non-state sector;

h/ Article 81, regarding inspection of the implementation of the anti-corruption law by enterprises and organizations in the non-state sector;

i/ Article 94, regarding handling of other acts violating the anti-corruption law in agencies, organizations and units.

2. Measures to organize the implementation of the Anti-Corruption Law, including:

a/ The period during which persons with positions and powers may not establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives in the fields where they used to manage as prescribed at Point d, Clause 2, Article 20 of the Anti-Corruption Law;

b/ Provision of information at the request of agencies or organizations;

c/ Information and reporting on anti-corruption work;

d/ Handling of responsibilities of heads of agencies, organizations or units for corruption occurring in their agencies, organizations or units.

Article 2. Subjects of application

1. This Decree applies to agencies, organizations and units in the state sector, including state agencies, political organizations, socio-political organizations, people’s armed forces units, public non-business units, state enterprises, and other organizations and units that are established and have physical foundations invested and operation funds wholly or partially allocated by the State, and which the State directly manages or participates in managing; persons with positions and powers working at agencies, organizations and units in the state sector, and other agencies, organizations and individuals involved in the anti-corruption work.

2. Enterprises and organizations in the non-state sector and persons with positions and powers in these enterprises and organizations shall implement the provisions of Chapter VII of this Decree.

Chapter II

ACCOUNTABILITY

Section 1

CONTENTS OF EXPLANATION, CONDITIONS FOR RECEIPT OF REQUESTS FOR EXPLANATION, CASES OF REJECTION OF REQUESTS FOR EXPLANATION, CONTENTS NOT SUBJECT TO EXPLANATION, AND RESPONSIBILITIES OF HEADS IN DISCHARGING ACCOUNTABILITY