Resolution No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the Standing Committee of National Assembly on organization, tasks, powers and operation regulation of the Anti-corruption Central Steering Committee

RESOLUTION

ON ORGANIZATION, TASKS, POWERS AND OPERATION REGULATION OF THE ANTI-CORRUPTION CENTRAL STEERING COMMITTEE

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Law on Organization of the National Assembly;

Pursuant to the Law on Corruption Prevention and Combat;

At the proposal of the Prime Minister;

RESOLVES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The Anti-Corruption Central Steering Committee (hereinafter called the Steering Committee) shall be headed by the Prime Minister, having the responsibility to direct, coordinate, inspect and urge anti-corruption activities throughout the country.

2. The Steering Committee shall be answerable to the Party's Central Committee, Political Bureau and Secretariat, the National Assembly, the Standing Committee of the National Assembly, the State President and the Government for the performance of its tasks and the exercise of its powers in prevention and combat of corruption in strict accordance with the provisions of the Constitution and law.

Article 2.-

1. In the course of directing, coordinating, inspecting and urging anti-corruption activities, the Steering Committee shall respect and not hinder the normal activities of agencies, organizations, units and competent persons in performing the functions, tasks and powers prescribed by the Constitution and law.

2. The Steering Committee shall work on the principle of democratic centralism; the head of the Committee shall make conclusions and take responsibility for his/her decisions.

Article 3.- Within the ambit of their respective functions, tasks and powers prescribed by law, agencies, organizations, units and competent persons shall have to fully implement in time the directions, requests and recommendations of the Steering Committee in anti-corruption work.

Chapter II

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE

Article 4.- The Steering Committee shall have the following tasks:

1. To direct and urge agencies, organizations, units and competent persons to inspect the implementation of the provisions of the Law on Corruption Prevention and Combat, regarding publicity and transparency; the formulation and implementation of regimes, norms and criteria; the implementation of codes of conducts and professional ethics, swap of working positions of cadres, officials and public employees; and the responsibilities of heads of agencies, organizations or units where corruption occurs;

2. To direct and urge examination, inspection, audit and investigative activities; to urge and direct the inspection of prosecution and adjudication of serious and complicated corruption cases of particular public concern, aiming to contribute to promptly detecting and strictly handling acts of corruption under the provisions of law; to direct examining, inspecting, auditing, investigating agencies, procuracies and courts in making clear, through their respective activities, causes of and conditions for the occurrence of corruption; mishaps and irrationalities of policies and laws so as to propose or request agencies, organizations, units and/or competent persons to adopt remedies, properly amend or supplement policies or laws;

3. To direct the coordination of activities of examining, inspecting, auditing, investigating agencies, procuracies and courts with a view to enhancing the effectiveness and efficiency of corruption combat, contributing to ensuring that it is conducted in strict accordance with the provisions of law.

4. To direct, inspect and urge agencies, organizations and competent persons in the handling of complaints and denunciations about acts of corruption and information on corruption cases detected, supplied and reported by the mass media;

5. To direct and inspect the management and supply of information and propagation on corruption prevention and combat and specific corruption cases, ensuring timely, accurate, honest and objective propagation and information strictly according to the provisions of law; to direct agencies, organizations and competent persons to strictly handle acts of breaching the management and supply of information, violating the Press Law, cases of false reporting by the press and acts of taking advantage of propagation and information on corruption prevention and combat to slander other people, disrupt internal unity and cause the loss of people's confidence in the Party and the State.

6. To advise and propose to agencies, organizations, units and competent persons on renewal and perfection of anti-corruption mechanisms, policies and law; to draw up anti-corruption programs and plans in each period and domains where corruption often occurs; to inspect and urge the implementation of these programs and plans and assume the prime responsibility for organizing preliminary and final reviews of anti-corruption work.

7. To report periodically or upon request to the Party's Central Committee, Political Bureau, Secretariat, the National Assembly, the Standing Committee of the National Assembly, the State President and/or the Government on anti-corruption work and its results; to publicize annual reports on corruption prevention and combat, on activities of the Steering Committee and on the handling of serious and complicated corruption cases of particular public concern.

Article 5.- The Steering Committee shall have the following powers:

1. To request agencies, organizations, units and/or competent persons to report on the situation of corruption and results of anti-corruption work in their respective agencies, organizations or units; in case of necessity, to request reports on handling of specific corruption cases, handling of complaints and denunciations and handling of information on acts of corruption;

2. To request agencies, organizations, units and/or competent persons to take measures to ward off corruption; to recommend or request agencies, organizations, units and/or competent persons to examine the responsibilities of and handle heads of agencies, organizations and/or units who fail to apply anti-corruption measures, entailing serious consequences;

3. To request agencies, organizations, units and/or competent persons to conduct examinations, inspections, audits and investigations in order to make clear cases showing signs of negative phenomena or corruption and, when necessary, to direct the organization of verifications; to preside over discussions and, conclusions and direct the coordination in handling of serious and complicated corruption cases of particular public concern; in case of necessity, to direct by itself the undertaking to handle such cases or to request agencies, organizations, units and/or competent persons to handle them with a view to ensuring that the handling is timely, strict and lawful.

4. The Prime Minister - head of the Steering Committee - shall suspend from work persons holding the position of vice minister or equivalent, chairmen, vice-chairmen, permanent members of People's Councils, presidents, vice-presidents and other members of provincial/municipal People's Committees and persons holding other positions appointed by the Prime Minister and dismissed when showing signs of corruption or committing acts of causing difficulties to anti-corruption activities of agencies and organizations.

In case of necessity, to request agencies, organizations, units and/or competent persons to issue decisions on suspension of Party members, cadres or other public servants from their positions when such persons show signs of corruption, causing difficulties to anti-corruption activities of agencies or organizations; agencies, organizations, units and competent persons shall have to implement the requests of the Prime Minister - head of the Steering Committee - within seven days after the receipt thereof;

5. To recommend agencies, organizations and/or competent persons to issue decisions on suspension of persons from leading positions in central agencies or organizations other than the cases provided for in Clause 4 of this Article when such persons show signs of corruption or commit acts of causing difficulties to anti-corruption activities of agencies, organizations;

6. To recommend or request agencies, organizations, units and/or competent persons to discipline Party members, cadres or officials who commit acts of corruption which are not serious enough for examination of penal liability as provided for in Clauses 4 and 5 of this Article; when necessary, to request agencies, organizations, units and/or competent persons to discipline other Party members, cadres or officials.

Where agencies, organizations, units and/or competent persons fail to discipline or have improperly disciplined them, the Steering Committee may request or recommend the superiors of such agencies, organizations, units or competent persons to consider and discipline such violating agencies, organizations or individuals or reconsider such disciplinary decisions, ensuring strictness and justness of the Party discipline and the state law;

7. To requisition cadres and officials of concerned agencies and organizations for the performance of tasks of the Steering Committee when necessary; to request agencies, organizations, units or competent persons to apply measures to ensure safety for persons who denounce acts of corruption to participate in and perform anti-corruption tasks; to request competent state bodies to commend agencies, organizations, units and individuals that have recorded achievements in anti-corruption work; to recommend or request agencies, organizations, units and/or competent persons to consider and restore the legitimate rights and interests of persons who have participated in or performed anti-corruption tasks in cases where their legitimate rights and interests were infringed upon by agencies, organizations, units or competent persons.

To recommend or request agencies, organizations, units or competent persons to strictly handle according to law persons who abuse anti-corruption work to slander or harm other persons, disrupt internal unity and cause the loss of people's confidence in the Party and the State.

Article 6.- The Steering Committee shall be composed of:

1. The head: the Prime Minister;

2. A deputy head: A Deputy Prime Minister;

3. Members:

a/ Permanent member;

b/ Inspector General;

c/ Minister of Public Security;

d/ Chairman of the Supreme People's Procuracy;

e/ President of the Supreme People's Court;

f/ Minister of Culture and Information;

g/ Deputy-head of the Party Central Committee's Inspection Commission;

h/ Deputy-head of the Party Central Committee's Internal Affairs Commission;

i/ Vice Minister of Defense.

Article 7.- The head of the Steering Committee shall have the following tasks and powers:

1. To lead and administer activities of the Steering Committee; to assign tasks to each member of the Steering Committee;

2. To direct the formulation of anti-corruption plans and programs throughout the country;

3. To decide on working plans, programs and other matters falling under the tasks and powers of the Steering Committee;

4. To chair and conclude meetings of the Steering Committee;

5. To take responsibility before the Party's Central Committee, Political Bureau, Secretariat, the National Assembly, the Standing Committee of the National Assembly, the State President, the Government for the activities of the Steering Committee.

Article 8.- The deputy head of the Steering Committee shall have the following tasks and powers:

1. To assist the head of the Committee in personally directing and coordinating activities, assigning tasks to members of the Steering Committee; direct, coordinate and organize the implementation of the Steering Committee's anti-corruption programs and plans.

2. To convene, on behalf of the Committee's head, regular and extraordinary meetings of the Steering Committee.

3. To represent the Committee's head to handle routine activities of the Steering Committee; to chair meetings of the Steering Committee when so authorized by the Committee's head;

4. To implement the regime of periodical and extraordinary reporting directly to the Committee's head on anti-corruption work and its results as well as on other activities of the Steering Committee.

Article 9.- The permanent member shall have the following tasks and powers:

1. To perform tasks and exercise powers as assigned by the Committee's head;

2. To be answerable to the Committee's head for all activities of the Steering Committee's Office;

3. To manage and administer the activities of the Steering Committee's Office; to decide on matters falling under the tasks and powers of the Steering Committee's Office.

Article 10.- Members of the Steering Committee shall perform their assigned tasks and take responsibility before the Committee's head therefor; to actively propose to the Committee's head anti-corruption undertakings and solutions.

The Steering Committee's members shall use the apparatuses of agencies, organizations under their respective management to perform tasks assigned by the Committee's head.

Article 11.-

1. The Steering Committee's Office is an agency working on a full-time basis to assist the Steering Committee.

2. The Prime Minister, in the capacity as head of the Steering Committee, shall decide on the organization, tasks, powers and operation regulation of the Office of the Steering Committee at the proposal of the director of the Office of the Steering Committee; decide on the appointment, dismissal of director and deputy-director of the Office.

3. The Steering Committee's Office shall have to recruit persons who meet all standards prescribed by law on cadres and officials, having good quality and morality, are incorrupt and honest, possess professional qualifications and practical capability, and the spirit of resolutely fighting corruption to be cadres and officials of the Office of the Steering Committee.

Article 12.-

1. The Steering Committee and its Office shall have their own seals as provided for by law.

2. The funding for operation of the Steering Committee and its Office shall come from a separate state budget amount estimated by the Office and proposed to the Government for submission to the National Assembly for decision.

3. Members of the Steering Committee and cadres as well as officials of its Office shall enjoy responsibility allowances in anti-corruption work, which shall be provided for by the Government.

Chapter III

WORKING REGIME AND WORKING RELATIONS

Article 13.-

1. The Steering Committee shall meet regularly once every three months; hold extraordinary meetings at the request of the Committee's head or deputy-head; depending on each specific matter, to call plenary meetings or meetings of concerned members; in case of necessity, the Committee's head shall decide to invite leaders of concerned agencies and organizations to attend meetings of the Steering Committee;

2. Once every six months, the Steering Committee shall hold a briefing on anti-corruption work with ministries, branches, provinces and centrally-run cities; the participants shall be decided by the Committee's head, focusing on domains, ministries, branches, provinces and/or centrally-run cities where appear many corruption cases or where exist many limitations in detecting and handling acts of corruption.

Article 14.-

1. Ministries, branches, provinces and centrally-run cities shall send their quarterly, biannual and annual reports to the Steering Committee on their respective anti-corruption work and its results.

2. Members of the Steering Committee shall have to send quarterly reports on the performance of their assigned tasks to the Committee's head and deputy-head.

3. Quarterly, biannually and annually, the Government Inspectorate, the Ministry of Public Security and the Supreme People's Procuracy shall have to report on anti-corruption programs, plans and results of their respective anti-corruption bodies to the Steering Committee; send other reports on serious and complicated corruption cases of particular public concern to competent agencies or organizations and concurrently to the Steering Committee.

4. Once every three months, the Steering Committee shall send a report on anti-corruption work to the Political Bureau, the Secretariat, the National Assembly Standing Committee, the Government; once every six months to the Party Central Committee, the National Assembly, the State President and extraordinary reports when so requested by such agencies. The Steering Committee's reports must clearly state the corruption situation, the anti-corruption results, the causes, advantages, difficulties and propose measures against corruption in the subsequent periods.

Decisions on suspension from work, proposals on suspension from work of persons holding the positions defined in Clauses 4 and 5, Article 5 of this Resolution must be sent to the Political Bureau, the Secretariat, the National Assembly Standing Committee, the State President, the Government within five days after they are signed.

In the course of inspection, auditing, investigation, prosecution, adjudication of corruption cases, if there appears hindrance or illegal intervention by agencies, organizations, units or competent persons, the inspecting, auditing, investigating, prosecuting agencies and courts shall have to promptly report them to the Steering Committee.

Article 15.- The Steering Committee shall have to direct, examine, urge the anti-corruption activities of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees.

Article 16.- The Steering Committee shall have to direct, inspect and urge anti-corruption work within the people's courts and the people's procuracies.

Article 17.- The Steering Committee shall have to coordinate with the Nationality Council and the Committees of the National Assembly in supervising anti-corruption work under the provisions of the Law on Corruption Prevention and Combat.

The chairman of the Law Committee of the National Assembly shall be invited to attend meetings of the Steering Committee to discuss annual working programs, the detection and handling of acts of corruption.

The Steering Committee's periodical and extraordinary reports on anti-corruption work, defined in Clause 4, Article 14 of this Resolution, shall be sent to the Law Committee of the National Assembly.

Article 18.- The Steering Committee shall have to coordinate with the Commissions of the Party, the Party Committees attached to the Party Central Committee in performing the following tasks:

1. Inspecting, urging anti-corruption work in agencies and organizations of the Party;

2. To recommend or request competent Party Committees to consider and discipline cadres, Party members, Party organizations involved in corruption.

Article 19.- The Steering Committee shall have to coordinate with the Vietnam Fatherland Front and its member organizations in performing the responsibility to supervise, prevent and fight corruption according to their respective functions and tasks and the Law on Corruption Prevention and Combat.

Article 20.- The Steering Committee shall have to coordinate activities of the inspecting, auditing, investigating agencies and courts in anti-corruption work under the provisions of the Law on Corruption Prevention and Fighting; direct the elaboration of regulations on coordination in anti-corruption work among these agencies.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 21.-

1. This Resolution shall take effect after its promulgation.

2. The Steering Committee, its head and other members shall have to implement this Resolution.

3. The Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies, the Supreme People's Court, the Supreme People's Procuracy, the Nationality Council, the Committees of the National Assembly, the State Audit, People's Councils and People's Committees of provinces or centrally-run cities, concerned agencies, organizations, units and individuals shall have to implement this Resolution.