Circular 04/2014/tt-Ttcp: Rules On Identification Of The Corruption Situation And Assess The Prevention, Fight Against Corruption

Original Language Title: Thông tư 04/2014/TT-TTCP: Quy định về nhận định tình hình tham nhũng và đánh giá công tác phòng, chống tham nhũng

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CHIEF INSPECTOR
Number: 04 /2014/TT-TTCP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 18, 2014

IT ' S SMART

Q The assessment of the perception of corruption and the assessment of the work.

Room, fight, greed. g

________________

Department of Law, Anti-Corruption. 55 /2005/QH11 modified, added to some things under the Law No. 01 /2007/QH12 and Law Number 27 /2012/QH13;

Base of Protocol 59 /2013/NĐ-CP June 17, 2013 of the Government Regulation details certain provisions of the Law of Room, Against Corruption;

Base of Protocol 83 /2012/NĐ-CP 09/10/2012 The Government provides for the function, duties, powers, organizational structure of the Government Ombudman;

At the suggestion of the Bureau of Corruption and the Secretary of State.

The Chief Inspector of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States of the United States of the United States of the United States of the United States

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The information regulates the perception of corruption and evaluation of the defense, anti-corruption; the responsibility of ministries, sectors, agencies, agencies, organizations involved in the identification of corruption and evaluation of the chamber, Anti-corruption.

What? 2. Subject applies

This information applies to ministries, peer agencies, government agencies, Provincial People's Committees, Central cities, and agencies, organizations, units, individuals involved in the identification of corruption and the assessment of business. In case, anti-corruption.

What? 3. The principle of recognizing the corrupt situation and evaluating the defense, fighting corruption

1. In line with the chairman, the party ' s path, adhering to the policy, the law of the State in the field of room, anti-corruption and other management areas are involved.

2. Make sure objectively, hollout, honest, public, transparent in the identification of the corrupt situation and the assessment of the defense, fighting corruption.

3. Role in the role, responsibility, participation of the people, businesses, cadres, civil officials, officials, agencies, organizations involved in the identification of the corrupt situation and the assessment of the defence, anti-corruption.

4. Results and information, data related to the identification of the corruption situation, assessment of the defence, anti-corruption must be public, except for the contents of the state secret under the rule of law.

5. Make sure the combination of self-identified results, the assessment of the state agency with the feeling, the experience of the people, businesses, cadres, civil officials, officials on the situation of corruption and defense, anti-corruption.

6. The results of the identification of the corruption situation and the review of the corruption prevention work have a reference value to analysis, proposing solutions that raise room efficiency, anti-corruption; no classification, rank among ministries, Sector, local.

What? 4. Gather information, data and report results of the perception of the corruption situation, assessment of the room work, against corruption.

1. The gathering of information, data and reporting results that identify the corrupt situation and evaluate the room work, against the corruption that practices according to the information regime, the report is regulated at Digital News. 03 /2013/TT-TTCP On June 10, 2013, the Government Ombudman regulates the report of the report, addressing complaints, denouncing and defense, against corruption and the guidance of the Inspector of Government.

2. In addition to regulation at Clause 1 Article, in the process of recognizing the corrupt situation and evaluating the defense, against the annual corruption, ministries, industry, the deployment of information gathering information, data through the sensor survey, the experience of people, businesses, employees, civil officials, officials, or other forms of social investigation, live interviews, or other forms of online surveys.

3. The period of sampling of the report was calculated from 16/12 years ago to 15/12 of the five reports. The base in the report identified the corruption situation, evaluating the defense, fighting corruption of the ministry, the sector, the local government, the Inspector General of Government, and the assessment of the situation of corruption and evaluation of the defense, against corruption on the nationwide scale. In the case of necessity, the Government Ombudman decides to conduct the survey with the appropriate scale, object, and content to gather more information, the test data.

Chapter II

THE PERCEPTION OF CORRUPTION.

What? 5. Content on the Corrupt Situation

1. The identification of the corruption situation is done in accordance with the following specific content:

a) The level of prevalence of corrupt behavior;

b) The extent of economic damage due to corruption;

c) The severity of the corrupt behavior.

2. Based on the regulation at Clause 1 This article, ministries, sectors, localities may supplement or specifically take on the content of the corruption of the corrupt situation to suit the requirements of the room work, against corruption within the sector, field or geography. Oh,

What? 6. The method of recognizing corruption

1. The ministries, industry, local self-identify corruption situation according to the specified content at Article 1 Article 5 This is based on the total points of the components points and is calculated on a scale of 100, namely the following:

a) The score 1 is calculated to be a maximum of 30 points and a minimum of 0 points based on statistics aggregated by industry, field, locale by regulation at Point 3 Article 7, Point 3 Article 8 and Point A 3 Article 9 This message;

b) The score 2 is calculated to be a maximum of 40 points and a minimum of 0 points based on the acceptance survey results, the experience of the people, businesses, cadres, officials, officials as stipulated at point b 3 Article 7, point b 3 Article 8 and point b. This is 3 Article 9 of this.

c) The aggregate score is calculated as follows:

Aggregate point = (2) x Points component 1 + (1) x Points component 2.

For example: If the sum of the statistics for change, the point of component 1 is 20 points and the component 2 is 30, then the aggregate score will be: 2 x 20 + 1 x 30 = 70.

2. Based on the number of aggregate points, ministries, disciplines, local self-identification on the situation of corruption in accordance with the specified content at Article 1 Article 5 This message with the following specific levels:

a) On the prevalence of corruption behavior:

-Very popular.

-Popular.

-Less common.

-Not popular.

b) On the level of economic damage due to corruption.

-Very much damage.

-Big damage.

-The average collateral damage.

-Low damage.

-No damage.

e) On the seriousness of the corruption behavior:

-Especially serious.

-Very serious.

-Serious.

-Less serious.

-It's not serious.

3. Every year, the ministries, the industry, the local to self-identify the corrupt situation and the information, the relevant data for the Inspector of Government to serve the state administration of defense, anti-corruption.

What? 7. The level of prevalence of corruption behavior

1. The prevalence of corruption behavior reflects the frequency of corruption in the scope of the sector, field, locality or nationwide, measured by the number of cases of corruption uncovered, handled by state agencies, and other areas of corruption. The country has the authority and the feeling, the experience of the people, the business, the cadres, the public, the official.

2. The number of incidents of corruption uncovered, handled by the state agency, is the total number of cases concluded that there is corrupt behavior through state management, inspection activities, inspection, audit, investigation, inspection, trial, trial, and security. the regulation of the law is synthesized by the discipline, the field, the local and the aggregation across the country.

3. The calculation and determination of the prevalence of corruption behavior is done as follows:

a) Part 1 is defined based on the number of cases where corruption is concluded through state management, inspection, inspection, audit, inspection, examination, trial.

-There are 10 jobs: 30 (point);

-There were 05 to 9 incidents: 20 (point);

-There are 1 to 4 incidents: 10 (point);

-There is no case: 0 (point).

b) Part 2 points are determined based on the feeling, the experience of the people, the business, the cadres, the public, the official on the prevalence of corrupt behavior.

-The level is very common: 40 (point);

-Common levels: 30 (point);

-Less common levels: 20 (point);

-Level uncommon: 0 (point).

c) The identification and identification of the prevalence of corruption behavior:

-The composite point above 70 (point) to 100 (point) corresponds to the "Very common" level;

-The composite point above 40 (point) to 70 (point) corresponds to the "Popular" level;

-The aggregate score on 0 (point) to 40 (point) corresponds to the "less common" level;

-The aggregate score equal to 0 (point) corresponds to the "Uncommon" level.

For example, if a province has 10 incidents that are concluded that there is corrupt behavior and the results of the survey felt, the experience of the people, businesses, cadres, civil officials, officials about the prevalence of corruption behavior is very common, then the components of corruption. and the point of synthesis is as follows: the point of composition 1: 30 (point); point 2: 40 (point) and aggregate point will be: 2 x 30 + 1 x 40 = 100 (point); thus, the identification of the situation is: corrupt behavior "Very common".

What? 8. The level of economic damage caused by corruption

1. The extent of the economic damage caused by corruption is the permised value caused by the corrupt behavior that has been questioned by the state authority and the decision to revoking or process the economy in the cases of corruption and feeling, the experience of the government. people, businesses, officials, civil officials, officials. The case for economic damage due to corruption is not money or cost papers, it must be attributed to Vietnam money in the market price of the equivalent or at a rate issued by the State Bank of Vietnam at the time of the identification to sum up. In general.

2. The wrong value caused by corrupt behavior has been questioned by the state agency and has decided to recall or process economics in cases of corrupt conduct through inspection operation, inspection, audit, investigation, control, and control of the government. The trial, monitoring, oversight and settlement of the law is determined, in terms of industry, sector, local, and aggregation across the country.

3. The calculation and determination of the extent of economic damage due to corruption is done as follows:

a) The point of component 1 is calculated based on the value of corruption caused by the corrupt behavior that has been questioned by the state agency and decided to recover, handle the economy in the cases of corruption behavior through inspection, control, and corruption. Look, check, run, check, monitor, monitor, and deal with the charge.

-The value of error on the total state budget of the year prior to the degree of aggregate identification by industry, sector, local from 10% or more: 30 (point);

-The value of error on the total state budget of the year prior to the degree of aggregate identification by industry, sector, local from 5% to below 10%: 20 (point);

-The value of error on the total state budget of the year prior to the degree of aggregate identification by industry, sector, locality from 1% to less than 5%: 10 (point);

-The value of the error on the total state budget of the year prior to the degree of aggregate identification by industry, sector, locality under 1%: 5 (point);

-The validity of the total state budget of the state budget of the year before the degree of aggregate identification by industry, field, locality by 0%: 0 (point).

The Ministry of Public Affairs, the government agency, the government agency, the People's Committee of the provinces, the city is entrusted with the right to the owner of the state-owned capital at the enterprise, and the point of component 1 will be calculated at the cost of the total cost. The state budget of the year before the adoption of aggregate, sector, local, and total value of the property of the state-owned enterprise at the time of the identification.

b) Part 2 points are determined based on the results of the survey, the experience of the people, the business, the cadres, the public, the official on the level of economic damage due to corruption.

-Very high level of damage: 40 (point);

-The high level of damage: 30 (point);

-The average level of damage: 20 (point);

-Low level of damage: 10 (point);

-No damage: 0 (point).

c) The identification and identification of the degree of economic damage due to corruption:

-The composite score above 70 (point) to 100 (point) corresponds to the "Very Great Damage" level;

-The composite score above 40 (point) to 70 (point) corresponds to the "Big Damage" level;

-The composite point on 20 (point) to 40 (point) corresponds to the level of "average damage";

-The aggregate score on 0 (point) to 20 (point) corresponds to the "Low Damage" level;

-The aggregate score equals 0 (point) corresponding to the "No Damage" level.

For example: If the economic damage caused by corruption accounts for 10% of the total state budget of the industry, sector or locality and through the survey of people ' s experiences, businesses, cadres, civil officials, officials on the extent of the damage, economic harm caused by corruption determined. The points of composition and point of synthesis are as follows: point 1: 30 (point); point 2: 40 (point) and point aggregate will be: 2 x 30 + 1 x 40 = 100 (point); thus, recognizing economic damage due to corruption being "Very large".

What? 9. The severity of corruption behavior.

1. The severity of the corrupt behavior reflects the level of danger, the harm that corrupt behavior causes to society in general, is measured through the treatment results of the state agency having jurisdiction over the person with corrupt and perceived behavior, and the perceived threat of corruption. the experience of the people, businesses, cadres, civil officials, officials.

2. The results of the treatment of people with corruption identified on the basis of data aggregation on the number of people who are disciplined by law, are criminatoried with specific forms of state authority to apply in each discipline, field, local and on the sphere. Nationwide, through state management, inspection, inspection, audit, investigation, inspection and trial.

3. The calculation and determination of the severity of the corruption behavior is done as follows:

a) A component 1 is defined based on the forms of treatment for people with corrupt behavior that are handled by industry, sector, local through state management, inspection activities, inspection, audit, investigation, inspection, inspection, etc. Trial.

-If in the form of treatment for people with corrupt behavior whose convictions are equivalent to the penalty bracket equivalent to the serious special crime group: 30 (point);

-If in the form of treatment for people with corrupt behavior whose convictions are equivalent to a penalty bracket equivalent to a very serious crime group: 20 (point);

-If in the form of treatment for people with corrupt behavior whose convictions are equivalent to a penalty bracket equivalent to a serious crime group: 10 (point);

-If in the form of treatment for people with corrupt behavior whose convictions are equivalent to a penalty frame equal to the less serious crime group or disciplinary treatment: 5 (point);

-If no case is processed due to corrupt behavior: 0 (point).

b) Part 2 points are determined based on the results of the sensing survey, the experience of the people, the business, the staff, the public, the officer on the severity of the corrupt behavior as follows:

-The severity is severe: 40 (point);

-The level is very severe: 30 (point);

-Severity: 20 (point);

-The level is less severe: 10 (point);

-The level is not serious: 0 (point).

c) The identification and identification of severity:

-The composite score above 70 (point) to 100 (point) corresponds to the level of "Special Special";

-The composite point above 40 (point) to 70 (point) corresponds to the "Very serious" level;

-The composite score on 20 (point) to 40 (point) corresponding to "Serious" level;

-The aggregate score on 0 (point) to 20 (point) corresponds to the "less severe" level;

-The aggregate score equal to 0 (point) corresponds to the "No serious" level.

For example: If the results of corruption in the industry, field or locality include disciplinary processing, criminal processing, including the person being convicted of a penalty frame equivalent to the particularly serious crime group and through the survey felt, the experience of the crime has been held. people, businesses, employees, officials, officials about the severity of the corruption behavior that are particularly serious, then the points of composition and point, aggregate are as follows: point of composition 1: 30 (point); point 2: 40 (point) and point. the aggregate will be: 2 x 30 + 1 x 40 = 100 (point); as such, recognizing the corrupt situation as "particularly serious".

Chapter III

ASSESSMENT OF ROOM WORK, ANTI-CORRUPTION

What? 10. Content assessment content, anti-corruption

1. The evaluation of the room work, against corruption is done in accordance with the following specific content:

a) directing, operating defense, anti-corruption;

b) Build, organize law enforcement in the room, fight corruption;

c) To implement corrupt prevention measures;

d) To detect, corrupt corrupt, corrupt assets.

2. Based on the regulation at Clause 1 This, ministries, sectors, localities can add content on room job evaluation, anti-corruption to suit the state management requirement of the industry, field or locality.

What? 11. Method evaluation method, anti-corruption

1. The ministries, industry, local conduct self-evaluate, anti-corruption within the sector, sector, local authority to manage the base at the number of aggregate points on a scale of 100, in particular as follows:

a) A component point 1 is calculated as a maximum of 30 (point) and a minimum of 0 (point) based on the total score of the evaluated content specified at 1 Article 10 This Information;

b) The score 2 is calculated as a maximum of 40 (point) and a minimum of 0 (point) based on the feeling, the experience of the people, the business, the staff, the public, the office, the officer on the defense, the corruption;

c) The aggregate score is calculated as follows:

Aggregate point = (2) x Points component 1 + (1) x Points component 2.

For example: If the sum of the statistics is shown, the point of component 1 is 20 (point) and the point of composition 2 is 30, then the aggregate score will be: 2 x 20 + 1 x 30 = 70.

2. Every year, ministries, sectors, localities send results of self-assessment of defense, anti-corruption and information, relevant data for the Inspector of Government to serve as a state administrator for defense, anti-corruption.

What? 12. Comment on the direction of directing, operating defense, anti-corruption

1. Comment on the direction of the direction, run the defense, anti-corruption done in accordance with the following criteria:

a) The construction, promulgation and implementation of the inspection plan, the annual inspection plan that carried out the law of the chamber, against corruption;

b) The implementation of the information regime, the periodic report or the return of the room work, against corruption according to the rule of law;

c) The construction, promulgation and implementation of the propaganda plan, raising awareness of room, anti-corruption;

d) The effective evaluation of the room work, against corruption and the binding of the chamber, against corruption with the competition, commendation.

2. The calculation of the assessment of the directing content, which runs the room work, against corruption is done as follows:

a) The maximum point to achieve is 6, the minimum point is 0;

b) Not one of the criteria specified at Clause 1 Article: minus 1.5 (point);

c) The implementation is incomplete or does not make the right progress one of the specified criteria at Clause 1 Article: minus 0.75 (point).

What? 13. Content assessment of construction, organization of law enforcement is related to the chamber, against corruption.

1. Comment on the construction, organization of law enforcement that is involved in the chamber, against corruption being done in accordance with the following criteria:

a) The construction, promulgation and implementation of the plan to build the text of the rule of law in general, among them documents related to the chamber, against corruption;

b) The construction, promulgation and implementation of the sweep plan, the legal system of writing the law in general, among them documents related to the chamber, anti-corruption;

c) The construction, promulgation and implementation of the radical plan, examines the implementation of the law of law in general, which contains documents related to the chamber, anti-corruption.

2. The calculation of the evaluation of the content on construction, the organization of the implementation of the law that is associated with the chamber, against corruption is carried out as follows:

a) The maximum point to achieve is 6, the minimum point is 0;

b) Not one of the criteria specified at the 1 Article: minus 2 (point);

c) The implementation is incomplete or does not make the right progress one of the specified criteria at this 1 Article: minus 1 (point).

What? 14. Content assessment of the implementation of corruption prevention measures

1. Comment on the implementation of the corruption prevention measures taken by the regulation of the Law of Prevention, anti-corruption and the following criteria:

a) Build, enact and implement plans to implement corrupt prevention measures by the rule of law and the guidelines of the Government Ombudship;

b) Apply, implement corruption prevention measures in management activity when the birth of actual situations that follow the regulation of the law must apply, implement; and the law.

c) There is a mechanism for gathering information, testing, processing of non-performing cases, performing untrue or performing untimely implementation of corruption prevention measures.

2. The calculation of the content assessment of the implementation of the corruption precautions as follows:

a) The maximum score achieved is 9, the minimum point is 0;

b) Not one of the criteria specified at the 1 Article: subtracted 3 (point);

c) The implementation is incomplete or does not make the right progress one of the specified criteria at Clause 1 Article: minus 1.5 (point).

What? 15. Content assessment of the discovery, handling of corrupt behavior and the recovery of corrupt assets.

1. Comment on the discovery, disposal of corrupt behavior and the recovery of corrupt assets made in accordance with the provisions of the Law of Prevention, anti-corruption and the following criteria:

a) Build, enact and implement periodic examination plans or regularly examine the implementation of the mission, the powers of the individuals, agencies, organizations, units of the jurisdiction;

b) Build, enact and implement a yearly inspection work plan, in which administrative inspector content or breakthrough inspector is intended to detect, handle corruption;

c) The outcome of the settlement denouncing corruption behavior, which handles the person with corrupt behavior denouncing by the authority prescribed by law;

d) The results of the implementation of the recall decisions on money, property, and decision-handling decisions that have infringed violations of the findings through state management work, test activity, inspection.

2. The calculation of the content assessment of the discovery, the handling of the corrupt behavior and the recovery of the corrupt assets is done as follows:

a) The maximum score achieved is 9, the minimum point is 0;

b) Earnings collection, false property or personal processing, organized violation of discovery through state management, test activity, inspection at a rate of less than 25%: minus 3 (point);

c) Not to issue, do not implement test plans, inspection plans or do not conduct inspections, inspectors; complete under 25% of the inspection plan, inspection plan; resolve below 25% of the number of cases denouncing the corrupt behavior of the judge. Rights; money recovery, property or personal processing, the organization reaches a ratio of less than 50%: minus 2 (point);

d) Complete less than 50% of the inspection plan, the inspection plan; resolution of less than 50% of the number of cases denouncing the alleged abuse of jurisdiction; money recovery, property or personal processing, the organization reached a ratio of less than 70%: minus 1 (point);

) Complete under 70% of the inspection plan, the inspection plan; resolution of less than 70% of the cases denouncing the alleged corruption of jurisdiction; money recovery, property, or personal processing, the organization reached a rate of less than 80%: minus 0.5 (point);

e) Completed below 80% of the inspection plan, the inspection plan; resolve below 80% of the number of cases denouncing the jurisdiction of the jurisdiction; slow deployment of activities in the regulatory criteria at Point a, Point b 1 This Article: minus 0.25 (point).

Chapter IV

THE ORGANIZATION.

What? 16. Government Inspector

1. Guide, don, check out the ministries, peer agencies, government agencies, the Provincial People ' s Committee, the Central Committee of the Central Committee to implement the identification of the corrupt situation and evaluate the defense, against the annual corruption under the rule. at this point.

2. Host, coordination with ministries, industries, local and related agencies, manages and uses the resources required for the identification of corruption and evaluation of the prevention, anti-corruption by law.

3. Do the identification of the corruption situation in the areas of state management of the Ombudgnation and the defense, anti-corruption of the Government Inspects; aggregation, identification, assessment of the corruption situation and defence, anti-corruption situation. It ' s all over the country.

What? 17. The responsibility of the ministries, the peer agency, the government agency, the Provincial People ' s Committee, the central city.

1. Every year, the radical organization, implementing the identification of the corrupt situation and evaluating the defense, against corruption within the sector, the field, the local jurisdiction under regulation at this Smart, and the guidelines of the Inspector. The government.

2. On the basis of coordination with the Inspector of Government, the mobiles of resources required for the identification of the corruption situation and the evaluation of the chamber work, against corruption by the regulation of the existing law.

3. Coordinate, providing information, the necessary data for the Government Inspector to be involved in the self-identification results of the corruption situation and the resulting self-assessment of room work, anti-corruption within the sector, field, local jurisdiction, and field. management.

What? 18. Coordinated with the agencies, the relevant organization in the identification of the corruption situation and assessing the room work, against corruption.

The State Audit offer, the Supreme People 's Court, the Supreme People' s Control Institute, the Central Committee of the Vietnam National Front and the central body of political-social unions, within the range of functions, duties, their powers, coordination, and other matters. The direction of the agencies, units, subordination, or subordinated management, along with the Inspector of Government and the ministries, agencies, government agencies, the Provincial People's Committee, the central city of the city in the identification. the situation of corruption and the assessment of defense, anti-corruption by regulation.

What? 19. The funding source for the identification of the corruption situation and the assessment of the room work, against corruption

1. The funding serves for the identification of the corruption situation and the evaluation of the room work, against corruption caused by the state budget.

Every year, the Inspector of Government, ministries, peer agencies, government agencies, the Provincial People's Committee, the central city of the Central Committee to create a state budget bill for activities that identify corruption and evaluate the defense, fight corruption. There are rules of law.

2. The ministries, peer agencies, the government agency, the Provincial People ' s Committee, the central city-based city can mobilize the official development assistance or from other legal sources to serve the identification of the corruption and assessment situation in the country. Defense, anti-corruption.

What? 20. Terms of execution

1. This information replaces the Digital Information 11 /2011/TT-TTCP November 9, 2011 and has been in effect since 1 January 2015.

2. During the execution process, if there is an entangrium, the agencies, organizations, individuals who are involved in a reflection of the Government Inspects to be instructed or reviewed the amendment, complement the right.

Inspector General

(signed)

Phong Feng