Decree No. 90/2013/ND-CP dated August 08, 2013 of the Government on the analyzing responsibilities of state agencies on the implementation of appointed tasks and powers

THE GOVERNMENT

Decree No. 90/2013/ND-CP of August 8, 2013, stipulating the accountability of state agencies in performance of assigned tasks and exercise of vested powers

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Law No. 55/2005/QH11 on Anti-Corruption, which was amended and supplemented under Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

At the proposal of the Inspector-General of the Government,

The Government promulgates this Decree stipulating the accountability of state agencies in performance of assigned tasks and exercise of vested powers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the conditions for receiving explanation requests; rights and obligations of explanation requesters and makers; the order and procedures for making explanations and responsibilities of related agencies, organizations and individuals in implementation of regulations on accountability.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. State administrative agencies, public non-business units of state administrative agencies and competent persons in the implementation of accountability.

2. State agencies, political organizations, socio-political organizations, social organizations, socio-political-professional organizations, socio-professional organizations, and economic organizations; foreign organizations lawfully established and operating in Vietnam; and Vietnamese citizens and foreigners currently residing or working in Vietnam that request for explanation.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Explanation means that a state agency provides, explains and clarifies information on performance of assigned tasks and exercise of vested powers and its responsibilities in such performance and exercise.

2. Explanation requester means an agency, organization or individual that requests a state agency or competent person to explain about contents related to performance of its/his/her tasks and obligations.

3. Explanation maker means the head of a state agency or his/her authorized person who makes explanations.

Article 4. Principles of implementation and application of laws on accountability

1. The implementation of accountability complies with the following principles:

a/ Ensuring publicity, transparency, adequacy, timeliness and intra vires;

b/ Protecting the rights and legitimate interests of the State, organizations and individuals.

2. In case other legal documents provide accountability, such legal documents apply.

Article 5. Contents falling beyond accountability

1. Explanation makers are not responsible for explaining about the following contents:

a/ Information related to state secrets;

b/ Contents related to the direction and organization of performance of tasks and official duties within state agencies; and the direction and management by superior administrative agencies toward subordinate administrative agencies;

c/ Information on personal secrets;

d/ Information on business secrets;

dd/ Contents already explained or settled by competent agencies;

2. Explanation requests which are made 90 days after agencies, organizations or individuals receive state agencies’ decisions or acts or know that such decisions or act directly impact their rights and legitimate interests.

Article 6. Conditions for receiving explanation requests

1. To request explanation, individuals must have full civil act capacity or do it through their at-law representatives; while agencies or organizations must request explanations through their at-law representatives.

2. Contents requested for explanation must be directly related to the rights and legitimate interests of requesting agencies, organizations or individuals.

3. Contents requested for explanation must fall within management responsibilities of requested agencies.

Chapter II

RIGHTS AND OBLIGATIONS OF EXPLANATION REQUESTERS AND MAKERS

Article 7. Rights of explanation requesters

1. To request explanation or authorize other persons who have full civil act capacity to do so.

2. To withdraw part or the whole of an explanation request.

3. To receive written explanations of accountable agencies.

Article 8. Obligations of explanation requesters

1. To carry out the order and procedures for requesting explanation according to this Decree and other relevant legal documents.

2. To present contents requested for explanation clearly, truthfully and groundedly.

3. To provide information and documents related to contents requested for explanation.

Article 9. Rights of explanation makers

1. To request explanation requesters to provide information and documents related to contents requested for explanation.

2. To request explanation requesters to carry out the order and procedures prescribed in this Decree and other relevant legal documents.

3. To supplement or correct information in written explanations to make contents requested for explanation more detailed, accurate and sufficient.

4. In addition to the cases specified in Article 6 of this Decree, upon making direct explanations, an explanation maker may refuse explanation in the following cases:

a/ The explanation requester is incapable of controlling his/her acts because of using wine, beer or other stimulants;

b/ The authorized person or representative has no lawful papers prescribed by law;

c/ The explanation requester commits an act causing disorder or hurting the honor or dignity of the explanation maker.

Article 10. Obligations of explanation makers

1. To receive explanation requests falling within their competence in accordance with law.

2. To guide explanation requesters in carrying out the order and procedures prescribed in this Decree and relevant legal documents.

3. To settle explanation requests according to the form, order, procedures and time limit prescribed in this Decree and relevant legal documents.

Chapter III

ORDER AND PROCEDURES FOR ^KING EXPLANATIONS

Article 11. Explanation requests

1. Explanation requests must be made either in writing or directly at accountable state agencies

2. A written explanation request must meet the following conditions:

a/ Using Vietnamese. In case a foreigner makes an explanation request, such request must be translated into Vietnamese;

b/ Clearly demonstrating contents requested for explanation;

c/ Clearly stating the name, address and phone number (or mail address for contact when necessary) of the explanation requester.

3. Direct explanation requests: .

a/ The explanation requester presents clearly contents requested for explanation to the cadre or civil servant in charge of receiving explanation requests.

In case many persons request explanation about the same content, they shall assign a representative to present the request. The assignment must be made in writing;

b/ Using Vietnamese. In case a foreigner makes an explanation request, he/she must use his/her Vietnamese interpreter in the process of making the request;

c/ The cadre or civil servant who receives the explanation request must truthfully represent contents requested for explanation in writing; clearly state the name, address and phone number (or mail address for contact when necessary) of the explanation requester;

d/ The explanation requester signs or fingerprints in the request.

Article 12. Receipt of explanation requests

The receipt of explanation requests is carried out as follows:

1. Receiving the explanation request and making an entry in the request receipt book.

2. Guiding the explanation requester in complying with the form of explanation request in case he/she fails to satisfy the conditions specified in Article 11 of this Decree.

3. Within 5 working days after receiving an explanation request, the explanation maker must notify the requester of the acceptance or rejection of the request and clearly state the reason.

In case the explanation request falls beyond his/her competence, he/she shall guide the requester in sending his/her explanation request to accountable agencies. In case another person makes a request about the content which has been explained, he/she shall provide a copy of the explained request for such person.

4. Keeping dossiers of explanation requests already received under the law on paperwork and archives.

Article 13. Making explanation

1. For direct explanation requests with simple contents, an explanation maker may directly make his/her explanation and the explanation requester shall sign and fingerprint in the explanation record.

2. For other explanation requests, the explanation maker shall:

a/ Study contents requested for explanation;

b/ Collect and verify relevant information;

c/ Directly work with the explanation requester to clarify relevant contents if necessary. The working contents must be made in a record with the parties’ signatures;

d/ Issue written explanation with the following contents:

- Name and address of the explanation requester;

- Contents requested for explanation;

- Results of working with an organization or individual (if any);

- Legal grounds for explanation;

- Specific explanation contents according to each request.

dd/ Send written explanations to the explanation requester. When necessary, publicize written explanation in accordance with law.

Article 14. Time limit for making explanation

The time limit for making explanation is 15 days after issuing a notice of receipt of an explanation request. For requests involving complicated contents, this time limit may be extended for no more than 15 days after the date of extension, and such must be notified in writing to the explanation requester.

Article 15. Suspension and termination of explanation at request

The head of a state agency shall notify in writing the suspension or termination of explanation in the following cases:

1. Suspension of explanation applies when the explanation requester dies without a heir of the rights and obligations in making explanation requests; or an agency or organization is divided, merged or dissolved without an individual or organization inheriting the rights and obligations in making explanation requests.

The explanation maker continuously makes explanation when the reasons for suspension no longer exist.

2. Termination of explanation applies when the explanation requester withdraws his/her explanation request.

Chapter IV

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 16. Responsibilities of heads of state agencies in implementation of accountability

1. To concretize the implementation of accountability in their internal working rules and regulations to suit their functions, tasks and powers.

2. To organize, direct, urge and examine cadres and civil servants under their management in strictly complying with regulations on accountability and handle violations in accountability.

Article 17. Inspection and examination of implementation of accountability

1. Superior state agencies shall inspect and examine the implementation of accountability of subordinate state agencies.

2. The Government Inspectorate shall assist the Government in inspecting and examining the implementation of accountability of ministries, ministerial-level agencies, government- attached agencies and provincial-level People’s Committees.

Article 18. Handling of violations in implementation of regulations on accountability

Cadres, civil servants and heads of state agencies who fail to strictly abide by regulations on accountability prescribed in this Decree shall, depending on the nature and severity of their violations, be handled in accordance with the law on cadres and civil servants.

Article 19. Effect

This Decree takes effect on September 30, 2013.

Article 20. Implementation guidance and organization responsibilities

1. The Inspector-General of the Government shall coordinate with the Minister of Home Affairs in guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, provincial-level People’s Committees and related agencies shall implement this Decree.-

On the behalf of the Government

Prime Minister

NGUYEN TAN DUNG