The Decree 59/2013/nd-Cp: Detailing A Number Of Articles Of The Law On Prevention Of Corruption

Original Language Title: Nghị định 59/2013/NĐ-CP: Quy định chi tiết một số điều của Luật Phòng, chống tham nhũng

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THE GOVERNMENT.
Numbers: 59 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 17, 2013

DECREE

Regulation of some of the things L Oh, Pl You know, fighting corruption.

____________________

The Law base. I Ch. I'm The government on December 25, 2001;

The Law base. Pl I'm sorry Stain. Corruption. 55 /2005/QH11 It's fixed. socket i, b socket Add a Stain. under the Laws Stain. 01 /2007/QH12 and Laws Stain. 27 /2012/QH1 3 ()

At the request of Inspector Ch I'm The government ()

The government issued a decree stipulated. i Some of the rules of the law, anti-corruption. Oh,

Chapter I

COMMON RULES

What? 1. Ph Yes. Micro-tuning

This decree rules out some of the rules of the Law Pl No, no, no, no, no, no, no, no, no. Okay. n positions of other work; the enjoyment of the salaries, the benefits, the rights, the other benefits and the compensation, the restoration of the right, the legitimate interests of the cadres, the public, the officer after the agency, the organization whose authority concluded that person was not corrupt; the regime. information, reporting on the chamber, anti-corruption; the regime of inspection, inspector of the implementation of the law on the chamber, anti-corruption; the prosecution of corrupt conduct; construction and implementation of regimes, norms, standards and some other provisions of the Law, against the law. corruption.

What? 2. Identidetermination of the corrupt acts prescribed at Clause 1, 2, 3, 4, 5, 6 and 7 Article 3 Law Pl You know, fighting corruption.

The corrupt acts are prescribed in Clause 1, 2, 3, 4, 5, 6 and 7 Articles 3 Rules, against corruption identified by regulation at the Criminal Code of 1999.

What? 3. Identidetermination of defined corruption behaviors at Clause 8, 9, 10, 11 and 12 Article 3 Rules. Pl I'm sorry Stain. Corruption.

The corrupt acts are regulated at Clause 8, 9, 10, 11 and 12 Article 3 Rules. Pl No, no, no, no, no.

1. The act of giving bribes, the bribe brokerage made by the person with office, powers to address the work of the agency, organization, unit or locality because of the benefit that includes the following acts:

a) Giving bribes, the bribe brokerage to be given the mechanism, the policy benefits the agency, organization, unit, local;

b) Bringing bribes, the brokerage of bribery to be prioritiled in the granting of funding to the agency, organization, unit, local;

c) Bringing bribes, the bribe brokerage to be delivered, approx the project for the agency, organization, unit, local;

d) Giving bribes, the brokerage of bribes to receive a race title, the title of state honor for the collective and individual;

) Bringing Bribes, the bribe brokerage to be granted, browse the organization ' s standards, state payroll for the agency, t ... socket function, unit, locality;

e) Giving bribes, a bribe broker to not be tested, inspector, investigate, audits or to mislead test results, inspectors, investigations, audits;

g) Taking bribes, a bribe brokerage to receive other benefits for the agency, organization, unit, locality.

2. The act of taking advantage of office, the power to use unauthorized use of the state property for the benefit includes the following acts:

a) Use the property of the State on its own;

b) Lease, loan the state property to The rules of law;

c) Use the assets of the State over the regime, the standard, the standard.

3. The behavior of perturbation because of the benefit is the behavior of gates, bossy, difficult to do, trouble making tasks, the service to ask, to force the agency, the organization, the other individual to submit outbound expenses or to take other behavior for the benefit. You know, the guy's got a lot of noise.

4. The conduct does not carry out the task, the job because the benefit is the intentional act that does not exercise the responsibility that the law provides for itself to deploy the mandate, the job assigned or not done correctly on jurisdiction, sequence, procedure, deadline-related statute. the mission, our service for the benefit.

5. Taking advantage of the office, the powers to cover the person with a violation of law for the benefit; obstruction, law enforcement, inspection, audit, investigation, prosecution, trial, execution, for the benefit of the following acts:

a) Use of office, authority, influence to conceal violation of law or to ease the extent of the violation of others ' laws;

b) Use of office, jurisdiction, influence to make it difficult for examination, inspection, audit, investigation, prosecution, trial, execution, or misalignment of the above activities.

Chapter II

PUBLIC, TRANSPARENT, ACTIVE. ORGANS, ORGANIZATIONS, UNITS.

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SECURE THE PRINCIPLE OF PUBLIC JUSTICE, TRANSPARENCY.

What? 4. Secure the principle of public opinion, transparency in the enacration of the agency ' s state secret portfolio, the organization has jurisdiction.

1. The state secret catalog, organized by the authority, organized by law on the law of state secrets, is not included in accordance with regulations on Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 26a, 26b, 26c, 26d, 27, 28, 29, 30 and Article 46a Law Pl You know, fighting corruption.

2. The Ministry of Public Security and agency, the organization has the authority to secure the public principle, transparency of the Law Pl No, no, no, no, no, no.

What? 5. Apply a public form in the operation of the agency, organization, unit.

1. Based on the content, the object of the information is publicly and the purpose of the information public, the head of the agency, the organization, the Please. the choice of public form by regulation at Article 12 of the Law Pl You know, fighting corruption.

2. The head of the agency, the organization, the unit responsible for organizing, directing the application of public form and responsible for the conduct of violations of the applicable public form by law.

3. In school. Legally defined legislation must apply that public form. In addition, the head of the agency, the organization, the unit responsible for applying one or some form of public form by regulation at Points b, c, d, e and e 1 Article 12 Laws. Pl You know, fighting corruption.

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PROVIDES INFORMATION AT THE REQUEST OF THE AGENCY, ORGANIZATION, INDIVIDUAL.

What? 6. The authority and obligations of the agency, the organization, the individual requesting to provide information

1. The agency, the organization, the individual asked to provide information with the following rights:

a) The request provides information on the operation of the agency, the organization, the prescribed unit at Article 31 and Article 32 Law. Pl Oh. There. In the face of corruption;

b) Receiving the requested information or receiving an answer to the refusal or not to provide information;

c) The complaint about whether not to provide information or does not implement the obligation to provide information in accordance with the provisions of the law.

2. The agency, the organization, the individual asked to provide information with the following obligations:

a) The request to provide written information or data messages is clear to them, the name, address, the reason of the request for the provision of information;

b) Exercise the right to provide a prescribed information at the Law Pl No, no, no, no, no, no.

c) Not to take advantage of the right to provide information to cause trouble or to carry out the laws of law that damages the agency, organization, individual;

d) The decision to resolve the complaint has a legal effect on the implementation of the request for the provision of information.

What? 7. The rights and obligations of the agency, organization, unit, individual are required to provide information.

1. The agency, the organization, the unit, the individual is asked to provide information with the following rights:

a) Known for the reason for requesting information;

b) Refusing to provide information from state secrets and other content under the Government's provisions, information has been publicly available on popular media, publication or public listing, information that is not related to the operation. The agency, the organization, the unit is required;

c) Ask the person to provide information using that information legally and to ensure the accuracy of using that information.

2. The agency, the organization, the unit, the individual is asked to provide information with the following obligations:

a) Provide written information or data messages to the agency, organization, individual in accordance with the procedure, procedure, the statute of limitations prescribed at the Law. Pl No, no, no, no, no, no.

b) Responding in writing and stating the reason for the agency, the organization, the individual requesting to provide information that knows in the event of unsupply or unsupply;

c) The direction of access to information is required in the event that information has been publicly available on popular media, published by publication or publicly listed;

d) The decision to resolve the complaint has a legal effect on the implementation of the request for the provision of information.

What? 8. The responsibility of the head of the agency, the organization, the unit in providing information at the request of the agency, organization, individual.

The head of the agency, the organization, the unit responsible for organizing, directing the provision of information; responsible for the breach of the obligation to provide the information of the agency, the organization, the unit itself as prescribed at the Law. Pl No, no, no, no, no, no, no, no, no, no, no, no, no.

What? 9. The request form provides information of the agency, organization, individual.

1. The requirement to provide information is done in writing or message of data.

2. The text or data message requires that the information be transferred directly, sent via post office or via electronic transactions to the agency, organization, unit, and individual requested.

What? 10. Make request to provide information

In the 10-day period, since the date of receiving the request provides information, agency, organization, unit, individual is required to provide information that must conduct one of the following activities:

1. Perform the provision of information when information content is required to meet the following conditions:

a) It ' s a public domain under the rules of the law. Pl No, no, no, no, no, no.

b) Of the operating range of the agency, the organization, the unit, the individual is required;

c) It has not been publicly available on popular media, publications or public listing.

2. Responding in writing about not providing information to the agency, the organization, the individual requested in the school h ... The information content is required not to meet the conditions specified at 1 Article and specify the reason.

3. N What? Information is required to be publicly available on public information media, published publication or publicly listed, in an answer text that must be instructed to approach that information approach.

What? 11. Secure the right to provide information of the agency, organization, individual.

1. In school. The agency, the organization, the individual requesting to provide information with the grounds that the provision of information is incomplete or illegal is the right to complain.

2. The complaint and settlement of the claim on the right to provide information is made in accordance with the law of the complaint.

What? 12. Handsome violations of the regulations on the request for information supply.

1. The person is required to provide information without performing the right obligations of providing information under the provisions of the Law. Pl No, no, no, no, no. mace According to the matter, the extent of the breach will be disciplined by law.

2. Who uses the right to ask for information to mess or use the illegal law of information provided to the rights and benefits of the h. The law of the agency, the organization, the individual. mace By nature, the degree of violation that is subject to disciplinary action, administrative punishment, or the pursuit of criminal responsibility by law.

Chapter III

TEMPORARY, TEMPORARY TRANSFER OF OTHER BUSINESS TO CADRES, CIVIL SERVICE,

THE OFFICIAL HAS A VIOLATION OF THE LAW CONCERNING CORRUPTION.

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THE AUTHORITY TO MAKE A TEMPORARY DECISION, TEMPORARILY MOVE THE POSITION.

OTHER WORK ON CADRES, CIVIL OFFICIALS, OFFICIALS

What? 13. The principle of determining the authority to make a decision to suspend work only, temporarily transferring other workplaces

The head of the agency, the organization, the unit with the right to appoint, recruit, manage cadres, civil officials, the decision officials, or the competent human petition decision to suspend work, temporarily transfer the location of other works to the cadres, civil officials, The office is administered by the government at Article 16 of this decree.

The other legal case or the charter of the political organization, the political-social organization that regulates the authority to decide to suspend work, temporarily transfer the position of other work then applies the regulation of that law or by the rules of the organization. You know,

What? 14. The authority to make a decision to suspend work only, temporarily transferring other workplaces in the state administrative body.

1. The chairman of the People ' s Committee, the ward, the town (later called the general commune) decided or petits the competent person to decide on parole. What? Only work, temporarily transferring the position of other business to the cadres, the public, directly administered.

2. The chairman of the District People 's Committee, the district, the town, the provincial city (later called the district level) decided to suspend work on the Chairman, Deputy Chairman of the People' s Committee; the decision to suspend the work, temporarily move the business position temporarily. In addition to the head, the deputy head of the head of the specialized body of the Committee of the Committee of the District and the cadres, the public, the officer appointed by his appointment, direct management.

3. The head of the specialized body of the Provincial People's Committee, the Central City of the Central Committee, decides to suspend work, temporarily transfer the position of other business to the head, the deputy head of the head of the agency, the subordinate unit of the body. And the officers, the public, the official appointed, the direct manager.

4. The chairman of the Provincial People's Committee, the central city of the central city (later called the provincial level) decided to suspend work on the Chairman, Vice Chairman of the District People's Committee; the decision to suspend work, temporarily move the position of the work. In addition to the head, the deputy head of the head of the specialized body of the Provincial Committee of the People's Provincial Committee and cadres, civil officials, officials appointed by his appointment, direct management.

5. The General Secretary, the Director and the equivalent level are assigned to manage the cadres, civil officials, the decision officials or the competent person ' s petition to suspend the work, temporarily transfer the position of other work towards the head, the deputy of the officer. the head of the agency, the unit of the Directorate, the Bureau and the equivalent level and the staff, the public, the official appointed, the direct manager.

6. The minister, the head of the peer-to-peer agency, the government agency that decides or petits the authority to decide on a temporary suspension of the work, temporarily transfer the position of other work towards the head, the deputy head of the agency, the unit of the ministry, peer-to-peer agency, government agency and cadres, civil officials, officials appointed by his appointment, direct management.

7. The Prime Minister decided to suspend work on the Chairperson, Vice Chairman of the Provincial People's Committee; the National Assembly approved a temporary request for a temporary suspension of the Deputy Prime Minister, the Minister, the Prime Minister of the Government, and the Government of the Government; During the time of Congress not meeting, the president of the country decided to suspend work on the Deputy Prime Minister, the Minister, the Prime Minister, the government, the government, and the government. The ministers and posts were equivalent, cadres, civil officials, and officials appointed by the Prime Minister.

What? 15. Move. The decision to make a temporary decision to suspend work, temporarily transfer the location of other works in the public career unit, the state enterprise.

1. The head of the body has the authority to manage the public career unit, the state enterprise decides to suspend work, temporarily transfer the position of other business to the public, the administration official appointed by its appointment.

2. The head of the public career unit, the state enterprise decided to suspend work, temporarily transfer the position of other business to the official, appointed, direct management.

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THE TEMPORARY BASE IS ONLY WORKING, TEMPORARILY TRANSFERRING TO ANOTHER LOCATION.

RIGHTS AND OBLIGATIONS OF DECISION-MAKING, CADRES, CIVIL OFFICIALS, OFFICIALS

SUSPENDED, TEMPORARILY TRANSFERRED TO ANOTHER.

What? 16. The base decides to suspend work only, temporarily transfer the location of another.

1. The decision to suspend work only, temporarily transferring the position of other work to the cadres, civil officials, the officer was made only when it was reported that cadres, civil officials, officials had violations of the law in relation to corruption and at the same time. That person has a very difficult sign to consider, if he continues to work.

2. The base states that cadres, civil officials, officials have violations of the law in relation to corruption including the following cases:

a) When there is the requested text of the inspection agency, the State Audit, the investigation agency, the Institute of Examination;

b) Through verification, it is clear that the contents of the report found officers, officials, and officials with signs of corruption;

c) Through self-examination in the agency, the organization, the unit that finds officers, officials, officials perform the signs of corruption;

d) Through management, direction, conduct detection, public, officials, officials perform violations of the law in relation to management, use of budget, state property, or public service.

3. Cadres, civil officials, officials are seen as having a difficult sign for the review, the handling of the state agency has jurisdiction when the person has one of the following acts:

a) Refusing to provide information, documents, or provision of information, incomplete documentation, false facts;

b) Deliberate delay, evasion does not carry out the requirement of the competent person in the verification process, which clarified the corruption behavior;

c) Remove the document sealed. commission information, documentation, evidence; property breaking is relevant to the violation of the law;

d) Taking advantage of office, authority, influence, of others, or other forms of form to cover the behavior of violations of the law, make it difficult for verification, clarified.

What? 17. The decision and obligation of the decision to suspend work, temporarily transfer the location of another.

1. The person who decides to suspend work, temporarily transfer the location of other work to the cadres, officials, officials have the following right:

a) Requiring the inspection agency, the State Auditor, the investigation agency, the Institute of Inspects provides information, documentation to clarify the base for decision-making decision-making, temporarily transferring other workplaces;

b) The officer, the officer, the officer who is suspended from work, temporarily transfers the position of other work in coordination with the agency or the competent person to verify, clarify the corruption.

2. The person who decides to suspend work, temporarily transfer the location of other work to the cadres, officials, officials have the following obligation:

a) Sending a decision to suspend work only, temporarily transferring other business to cadres, civil officials, temporary officials were suspended, temporarily transferring other workplaces and agencies, organizations, units where the temporary relocated to the site. work;

b) Revoking the decision to suspend the suspension, temporarily transfer the position of other work to the cadres, civil officials, the officer after the authority had jurisdiction to conclude that the person had no corrupt conduct or expiration of the temporary, temporary temporary. Okay. n ' s the other site of work that ' s not determined to be corrupt.

c) Public announcements with the entire cadres, civil officials, officials in the agency, the organization, the unit on the cancellation of the decision to suspend work, temporarily transfer the location of other works to the cadres, civil officials, officials;

d) Restoring the right, the legitimate interests of the cadres, the public, the official after the authorities have the authority to conclude that the person has no acts of corruption or expiration of the parole deadline, temporarily transferring other workplaces without specifying the person being executed. Corruption.

What? 18. Rights and cadres, civil officials, temporary officials only work on business, temporarily transferring other business positions.

1. Officers, officials, officials were suspended from work, temporarily transferring the location of the other.

a) Taking a decision to suspend work only, temporarily transfer the location of the other work;

b) Receiving the announcement of the state agency with the authority to conclude the verification, clarify the corruption behavior;

c) Fuck! Okay. The decision was made to make a decision to suspend work, temporarily transfer the position of other business to the decision when it was decided that the decision was to be the law that violated the rights, the legitimate interests of his own.

d) The decision of the decision to make a decision to suspend work, temporarily transferring the location of the other work, rescints the decision to suspend the suspension, temporarily transfer the location of another business at the end of the temporary suspension, temporarily transferring the location of the state to the state agency. has jurisdiction not to have any conclusions about corruption or after the authorities have the authority to conclude that the person has no corruption;

) Offer the authority to restore power, benefits h Its legal and reparation when there is damage caused by law enforcement in the decision to suspend work, temporarily transfer the location of the other.

2. Officers, officials, and officials were suspended from work, temporarily transferring the location of the other business to the following obligations:

a) Strict approval of the decision to suspend work only, the decision to temporarily transfer the location of the other workman to the authority;

b) Providing information, relevant documents and coordination with the competent authority in the verification process, which clarified the corruption behavior; and in the process.

c) Internally, the agency's work rules, the unit organization recepts for temporarily transfer of other workplaces.

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SEQUENCE, PROCEDURE, DURATION OF TEMPORARY WORK, TEMPORARY TRANSFER

OTHER WORK PLACEMENT; CANCELED AND PUBLICLY DECIDED TO CANCEL THE TEMPORARY TEMPORARY JOB

SUSPENSION OF THE WORK, TEMPORARILY MOVE THE LOCATION.

What? 19. A temporary decision to suspend work, temporarily transfer location.

1. In the 5-day period, since the date of the base specified at Article 16 of this decree, the head of the agency, the organization, the decision unit, or the offer of persons with the authority to manage the cadres, the public, the officer decides to suspend work, temporarily. transfer location of other business to cadres, civil officials, officials.

2. The option to apply a temporary or temporary method of transferring the position of work to cadres, civil officials, officials led by the head of the agency, organization, unit, or persons with authority to manage the cadres, civil officials, officials decided to base in. properties, the degree of each particular incident and the request for deployment, use of cadres, civil officials, officials in the agency, organization, unit.

3. The decision to suspend work only, temporarily transferring the position of other work must specify them and the names of the cadres, civil officials, officials; temporary suspension of work, temporary transfer of other workplaces; the reason for the temporary suspension of work, temporary transfer of public position. Other actions; the rights and obligations of the cadres, the public, the officer suspended from work, temporarily transferring the location of other work; the effect of execution.

4. The decision to suspend work only, temporarily transferring the position of other work to the cadres, officials, officials must be signed, stamped on the body of the competent authorities. School. p cadres, civil officials, temporary officials to shift the position of other work What? This decision is also sent to the Chief of the Agency, the organization, the unit where the person comes to work.

5. In school. The other law provides a regulation of the order, the temporary procedure of only work, temporarily transferring the position of other work, and applying the provisions of that law.

What? 20. Shit. Other work

The temporary suspension of only work, temporary transfer of other workplaces to the cadres, civil service, the maximum official is 90 days, since the date of the interim decision. What? Only work, temporary shift.

What? 21. Abort the decision to suspend work only, temporarily relocating other workplaces

1. In the five-day period, since the day of the agency, the organization has authority to conclude cadres, civil officials, officials with no corrupt behavior or since the expiration of a temporary period of temporary work, temporarily shifting the position of other work without any conclusion of the conduct. Corruption is the one who made the decision to cancel the decision to suspend work, temporarily relocating other positions to the cadres, civil officials, officials.

2. The decision to cancel the temporary suspension of work, temporarily transferring the location of the other business to the cadre, the public, the officer is suspended for work, temporarily transferring the location of the other work; the agency, the organization, the unit where the Chuy received. Okay. n the position of work to work; agency, organization, individuals who have requested a temporary suspension of the business, temporarily transfer the location of the work.

What? 22. publicly decided to cancel the temporary suspension of work, temporarily transfer the location of another.

The decision of the decision to cancel the suspension of the operation, temporarily transferring the position of other work, is responsible for the entire cadre, the public, the officer of that decision in one of the following forms:

1. Announced at the meeting of the agency, the organization, the unit where the cadres, the public, the officer was suspended for work, temporarily moved the other working position to work with the component: The decision was decided to cancel; cadres, civil officials, temporary officials were suspended, temporarily suspended. time moving other workplaces; the agency, the organization, the unit where it took over the location of the other business; the agency, the organization, the individual who asked for a temporary suspension of the work, temporarily relocated the location of other work and the cadres, civil officials, officials where they were. that works;

2. Listed at the agency's office headquarters, the organization, the unit where the officer, the officer, the officer is suspended for work, temporarily transferring the location of the other work to work on a 15-day continuous period, since the date of the listing;

3. Media reports on popular media include: Report, newspapers, newspapers, and e-newspapers. The decision was made to cancel the temporary suspension, temporarily transferring the position to another. Okay. select one of the forms of notice in the paper, the paper, the paper, or the electronic paper to do publicly; where the agency has an electronic information portal or an electronic information page must be publicly available on the Portal or Website. It's electronic information.

What? 23. The procedure, procedure, the deadline for the decision to suspend work, temporarily transfer the position of other work to the cadres, civil officials, officials being members of the main organizations tr ... Shit. The main organization. Shit. -Yeah. There. i

The procedure, procedure, duration of the temporary suspension of work, temporarily transferring other workplaces to the cadres, civil officials, officials are members of the t ... socket Political, political-social organization is implemented by the regulation of the Law of Defense, Anti-Corruption, This Decree, and in accordance with the provisions of that organization.

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REGIME, POLICY; COMPENSATION, RESTORATION OF RIGHTS, LEGAL BENEFITS TO CADRES, CIVIL RIGHTS

CIVIL SERVICE, THE OFFICER IS SUSPENDED, TEMPORARILY RELOCATED TO ANOTHER.

What? 24. Mode, Policy Oh. Officers, officials, officials in the world Yeah. Temporary suspension, temporary Yeah. Move to different workplaces

Officers, civil officials, officials in the time of the temporary suspension of the government, temporarily relocated the position of other work to be maintained, policies and rights, other legal interests, such as the original position of work.

What? 25. i Redress, l Help The law of cadres, civil officials, officials after the agency, the organization has the authority to conclude that person has no corruption or no conclusions about the corruption behavior.

The officer, the public, the officer who was suspended from work, temporarily moved the position of other work to be returned to the original position after the agency, the organization whose authority concluded that the person had no corruption or no conclusions about the behavior of corruption. Corruption; apologies, public reclamation, and compensated damages due to legal misconduct in the decision to suspend work, temporarily transferring other positions under the rule of law.

Chapter IV

INFORMATION MODE, ROOM REPORT, ANTI-CORRUPTION

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THE INFORMATION REGIME, ROOM REPORT, ANTI-CORRUPTION OF AGENCY, ORGANIZATION, UNIT.

What? 26. The report of the ministry 's reporting, peer agency, government agency and the Provincial People' s Committee.

1. Ministry, peer agency, government agency, Provincial People's Committee (later called the department, industry, local) is responsible for reporting to the Government on defense, anti-corruption at the ministry, industry, and local. This report was sent to the Inspector of Government to build, maintain the general data system in terms of prevention, anti-corruption.

2. The government inspector is responsible for helping the Government to build a yearly report on the chamber, against corruption within the country.

What? 27. Content reporting to the Government

The Ministry, the industry, is responsible for reporting to the Government of the following content:

1. The text of the rule of law and other documents related to the chamber, against corruption due to ministry, industry, local authority under jurisdiction;

2. The corruption situation, the cause, the outcome of the defense, the anti-corruption of the ministry, the sector, the local.

What? 28. The Government ' s reporting content with Congress, the Standing Committee of Congress

The Government ' s report to Congress, the Standing Committee of the National Assembly has the following content:

1. The corrupt situation, the outcome of defense, against corruption within the country;

2. Reviews, causes, forecasts of corruption and policy recommendations, prevention, anti-corruption.

What? 29. Information form, report

The information, the report is done in one of the following forms:

1. Administrative text;

2. The data message.

What? 30. Report Time

1. For three months, six months, the department, the sector, the local government is responsible for reporting by regulation at Article 26 of this decree.

2. A six-month term, one year, the Government reports to the National Assembly, the Standing Committee of the National Assembly pursues to the provisions of Article 28 of this decree.

3. Government Report Report Oh. i Brew No, no, no, no, no.

What? 31. Provide information about the room, ch Stain. Corruption for the ministry, the industry, the local.

1. When necessary, the ministry, the sector, the local offer to Inspector the Government provide information to serve in the defense, anti-corruption of the ministry, the industry, and the local government.

2. The Inspector of Government is responsible for providing information on a 10-day period, since the date received the offer to provide information of the ministry, industry, local. In the case of information that is required to provide complex, related to many areas, the upper term may be extended but not more than 20 days; the case is not provided or unsupplied, the written answer to the recommended agency and the required. I don't know why.

3. The exchange of information between the Inspector of Government with the ministry, the sector, local in defence, anti-corruption is made through the forms prescribed at Article 29 of this decree.

What? 32. The responsibility of the Minister, the head of the peer-to-peer agency, the Government of the Government, Chairman of the People ' s Committee Wake up

1. The minister, the chief of the peer-to-peer agency, the Chief of Government of the Government, Chairman of the Provincial People 's Committee is responsible for directing, don' s, check out the implementation of the information regime, report on defense, anti-corruption within its management scope. The department, the industry, the local.

2. The Minister, the Chief of the Equal Authority, the Head of the Government of the Government, the Chairman of the Provincial People's Committee must be responsible for the information, the data reported and about the breach of the intelligence service, the report.

What? 33. Information mode, report at the ministry, industry, local

1. The Ministry, the sector, is based on this decree regulating the details of the information, reporting on defense, anti-corruption at the ministry, the industry, and the local government.

2. The government inspector is responsible for guidance, inspection, and the ministries, the sector, the implementation of the information regime, as defined by this decree.

Item 2

EXCHANGE INFORMATION BETWEEN THE GOVERNMENT INSPECTOR WITH THE MINISTRY OF SECURITY, THE INSPECTION INSTITUTE

THE SUPREME PEOPLE, THE SUPREME PEOPLE ' S COURT, STATE AUDITS AND OTHER ORGANIZATIONS.

What? 34. Exchange of information between the Government Ombudman with the Ministry of Public Security, the Supreme People 's Examination Institute, the Supreme People' s Court, State Audit

1. Government inspector mixing. p with the Ministry of Public Security, the Supreme People 's Examination Institute, the Supreme People' s Court, State Auditor in Periodic Exchange, providing information, documentation, experience of room work, anti-corruption in the operation of inspection, investigation, inspection, trial, trial, audits.

2. The exchange, which provides information, documents about defense work, anti-corruption by the Government Ombudman, the Ministry of Public Security, the Supreme People ' s Examination Institute, T Let's the supreme people, Ki. Okay. The State of the State must ensure fast, accurate, timely.

3. Bar to a Government of the government, p with the Ministry of Public Security, the Supreme People 's Examination Institute, the Supreme People' s Court, the State Auditor of the State Board of the Relevant Information of the Exchange, which provides information, documents between the Government Inspects, the Ministry of Public Security with the Supreme People ' s Examination Institute, the Tribunal. The Supreme People's Court, the State Auditor.

What? 35. Exchange of information between the Government Inspects with other organizations on defense, anti-corruption.

1. Government inspector mixing. p with the Central Committee of the Vietnam Fatherland Front and member organizations of the Front, Vietnam Chamber of Commerce and Industry, corporate association, industry association, regular press agency, the provision of information, room documentation, and information. Anti-corruption through the activities of those organizations.

2. The exchange, the provision of information, the documentation of the room, against corruption by the provisions of this One Article must ensure quickly, precisely, timely.

What? 36. Exchange information about room work, ch Stain. Local corruption.

Brew The people of the People's Republic of China Provincial People's Department of Information are regulated at Section 3 Article 34 This Agreement is responsible for presiding, coordinating with the People's Control Institute, the People's Court of the same level, the Provincial Committee of the Republic of Vietnam, the business association, the association. The industry, the local press agency, in exchange, provides information, documentation of defense, anti-corruption in the local area.

What? 37. Public reporting annual reporting on defense, anti-corruption

1. The annual report on defense work, anti-corruption of the People ' s Committee, was Chairman Proxy The most openly public people on the last day of the third month of the year.

2. The annual report on defense, anti-corruption of the ministry, the peer-to-government agency, the government-led government, the Prime Minister of the Council, the Prime Minister of the Government of the Public Administration, on the last day of the month of the month.

3. The government's annual report on defense, anti-corruption by the Prime Minister, is publicly held by the Prime Minister on the last day of the month's employment.

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GENERAL DATA SYSTEM, ANTI-CORRUPTION

What? 38. Joint data system in defense, anti-corruption

1. The general data system in the room, anti-corruption is a set of hours. p information, data, reports are collected, processed in relation to room work, anti-corruption.

2. Information, data, report of the general data system by regulation at Clause 1 This must be collected, timely, accurate, scientific to serve for research, evaluation, forecasting of corruption, construction, policy-making, policy. Prevention, anti-corruption, effective lifting, effective defense, anti-corruption.

What? 39. Build, manage the general data system on the room, fight corruption

1. The construction, general data system management of the room, against corruption included:

a) Reception, statistics, total h p, handling, storing information, data, reports of agencies, organizations, localities on room situation, anti-corruption;

b) Secure the exchange, provide information, documents throughout the midst of responsible agencies in defense, anti-corruption;

c) Aggregation, evaluation, the corrupt situation.

2. The government inspector is responsible for building, managing the general data system in terms of prevention, anti-corruption.

Chapter V.

TEST MODE, JOB INSPECTOR. THE LAW OF DEFENSE, ANTI-CORRUPTION

M All right 1

CHECK OUT THE LAW ENFORCEMENT, ANTI-CORRUPTION

What? 40.

The agency, the organization, the unit with a permanent responsibility to examine, evaluate, and take measures to ensure a strict approval of the laws of the chamber, the anti-corruption of the agency, the organization, the unit, the individual under the management of the law. I'm

What? 41.

Testing is conducted when one of the bases. Come on After:

1. The annual test plan has been approved by the agency, the unit has the authority to approve;

2. There are signs of violating the laws of the chamber, against corruption.

What? 42. Well, It's a trick. All right Go check it out.

1. When one of the bases is checked, to a stipulation at Article 41 of the United States Shit. Look, the head of the agency, the organization, the competent unit has to make a decision. to a and send it to the agency, the organization, the unit, the individual checked.

2. The test decision must have the following content:

a) The test base.

b) They, the name, the office, where the chief of the union and the inspection member or the test person;

c) Test content;

d) The deadline for inspection.

3. The decision to test must be published as delayed by 5 days, since the date of the decision. The publication of the decision to check must be conducted at the headquarters of the agency, the organization, unit or workplace of the individual to be examined and established in writing.

4. The deadline to conduct the examination is 10 days, since the day announced the decision to check; school h The inspection involves multiple subjects, the extensive examination site, the complexity of the examination, and the duration of the inspection may be extended but not more than 15 days from the date of the publication of the decision.

5. In the 10-day period since the end of the examination, after the review of the test results report by the inspector general examination or the examination and the agency ' s examination, the organization, the unit, the individual checked, the decision-making decision must be issued. Check it out.

6. The test conclusion must have the following content:

a) Conclusion of the implementation of the Rules of the Law Pl No, no, no, no, no, no, no. Pl So, anti-corruption and other regulations are related to the law of the chamber, the corruption of the agency, the organization, the unit, the individual being tested;

b) Conclusions about the responsibility of the agency, the organization, the unit, the individual is ki Okay. m tra, which must have a conclusion on the responsibility of the head of the agency, the organization, the unit tested or the individual examined;

c) The requirement for the agency, organization, unit, individual to be examined on measures must be enforced in order to ensure the implementation of the provisions of the Law of Prevention, anti-corruption, law enforcement documents, anti-corruption, and other regulations available. The law of the law of the chamber, against corruption;

d) Specific treatment for infringed behavior (if available).

7. The test conclusion must be sent to the agency, organization, unit, individual tested and publicly available at the agency headquarters, organization, government and security. Uh ... The conduct of the inspection and headquarters, organization, unit or workplace of the individual is examined.

What? 43. The responsibility of the agency, organization, unit, individual examined.

The agency, the organization, the unit, the checked individual is responsible:

1. Accept the test decision;

2. Oh. p, which provides information, accurate documentation, complete, timely, timely at the request of the inspection team, the test person;

3. Strictly perform the requirements of the inspection corps or the test person; the decision, the conclusion of the ki decision. Okay. Look.

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INSPECTOR FOR THE EXECUTION OF THE LAWS OF THE CHAMBER, AGAINST CORRUPTION.

What? 44. Inspector.

1. Review, assess the implementation of the provisions of the law on the chamber, against the corruption of the agency, the organization, the unit, including:

a) public, transparency in the operation of the agency, organization, unit;

b) Build and implement modes, norms, standards;

c) The rule of conduct, the rule of occupational ethics, the conversion of the workplaces of cadres, civil officials, officials;

d) Wealth transparency, income;

The other regulations of the law of defense, anti-corruption.

2. Review, comment on t r The chief minister of the head of the body, the organization, the unit in the organization, directed the provisions of the laws of the chamber, against corruption.

What? 45.

The inspection is conducted when there is one of the following bases:

1. K What? Annual inspection. Oh, It ' s been approved by the Chief Minister of Management.

2. The requirements of the Chief Minister for the same level;

3. When there is an indication of a violation of the laws of the chamber, against corruption;

4. The request of the settlement denouncing corruption.

What? 46. Jury jurisdiction

1. The Government Inspector of Government investigs the implementation of the provisions of the law on the chamber, combing corruption on ministries, peer agencies, government agencies, the Provincial People's Committee; the state enterprise was decided by the Prime Minister.

2. Inspectors, peer-to-peer authority (collectively known as Inspector) inspector the implementation of the provisions of the law on the chamber, against corruption on: Agency, organization, unit, individual under the authority of the ministry; state enterprise decided by the minister. Founded.

3. The provincial inspector, the central city of the Central Committee (known as the Provincial Inspector) Inspector of the implementation of the provisions of the law of the chamber, against corruption to: The specialized body of the Provincial People's Committee; the District People's Committee, the district, the town, The city of the province (collectively known as the District People's Committee); the state enterprise was decided by the Chairman of the Provincial People's Committee.

4. The inspector of the specialized agencies of the Provincial People ' s Committee (collectively called the Ombudgt) inspectors the implementation of the provisions of the law on the chamber, against corruption to the agency, the organization, the unit, the individual under management. to The department's next.

5. District inspectors, districts, towns, provincial cities (collectively known as the Inspector of the District) are investigating the implementation of the laws of the chamber, against corruption of the specialized agencies of the District People's Committee and the People's Committee.

6. General Inspector General of the Government, the chief of state inspection agencies in the work to implement the implementation of the laws of the chamber, against corruption.

What? 47. The responsibility of the head of state management of the state Oh. i operate on the execution of the laws of the law of the chamber, against corruption.

The head of state governing body is responsible:

1. Approval of the plan to bar the implementation of the law on the chamber, anti-corruption of the state inspection agency of the same level;

2. Directing, facilitalization of the funding and cadres so the state inspection agency of the same level conducts operational inspection of the implementation of the laws of the chamber, against corruption;

3. Requiring the agencies, the organization, the unit to implement the petition of the state inspection agency in the act of inspection of the implementation of the provisions of the law on the chamber, against corruption;

4. It is accountable to the law when it comes to violations of the regulations of the operation.

What? 48. Build a yearly inspection plan

1. Every year, the Inspector of Government is responsible for the guidance of the ministry, the sector, and the local government in the construction of the plan to investigate the implementation of the laws of the chamber, against corruption.

2. The state inspectors agency is responsible for helping the Head of Management with the same level of construction of the annual inspection plan.

3. The head of the governing body approx the annual inspection plan in accordance with the statute of limitations prescribed in the law of inspection.

What? 49. The mission, the authority of the decision-making decision, the inspector general, member of the inspection team; the sequence, the procedure conducting the inspector

1. In the process of conducting an inspection operation, the decision of the inspector, the inspector general, member of the inspector general, has the duties of the law on the law of the inspector.

2. The procedure, procedure, duration of the conduct of the execution of the implementation of the laws of the chamber, against corruption, is carried out in accordance with the law of the inspector.

What? 50. Oh. n inspector

1. The inspector conclusion must have the following content:

a) Conclusions about the content being examined;

b) The conclusion of the responsibility of the head of the agency, the organization, the unit to be inspector in the organization, directed the implementation of the provisions of the law on the chamber, against corruption;

c) Petition to remedy the shortcomings, defects in the implementation of the provisions of the law on the chamber, against the corruption of the agency, the organization, the unit to be examined;

d) The petition handles the responsibility of the head of the agency, the organization, the unit for the violation of the laws of the chamber, against corruption prescribed at the Article 44 of this decree.

2. In the case of violations of the laws of the law of the chamber, anti-corruption with signs of crime, the person who concluded the petition was to investigate the petition and move the case to the investigative body, the Institute of Police to pursue criminal responsibility for the person who acted. Violation.

What? 51. Rights and obligations of the agency, organization, unit, individual is subject to inspection.

The right and obligations of the agency, the organization, the unit, the individual is the inspection object made by the regulation of the law on the inspection.

Chapter VI

CORRUPTION CHARGES

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JURISDICTION, PROCEDURE OF RECEPTION, RECEPTOR AND RESOLUTION DENOUNCING CORRUPTION BEHAVIOR.

What? 52. Set, publicized forms of access Oh. n denounce

The agency, the state inspection agency, has jurisdiction to address the alleged establishment, public telephone number, e-mailbox, and address on corruption charges.

What? 53. Responsible responsibility and jurisdiction, the resolution denouncing corruption behavior.

1. The responsibility to take on and the authority to address the corruption misconduct charge is done under the rules of the Law I Yes, the law. Pl No, no, no, no, no, no.

2. At least 05 days, since the date of the prosecution, the public office, the state inspection agency must transfer the case to the agency, the organization, the individual who has the authority to address and inform the whistled people; the school h ... p denounce your jurisdiction, passively, dissolving and informed by writing to the whistled person when required.

What? 54. The forms denouncing corrupt behavior.

1. Citizens denounce corruption in the following forms:

a) Direct charge.

b) Send the charges.

c) The charge on the phone;

d) The charges against the electronic information network.

2. The whistled people have to specify them, names, addresses, whistled content, and provide information, documents relating to the contents of the report that they have.

3. Allegations of corruption that the whistled whistled, unsubstantiated denouncing, lack of bases, the accused have been granted jurisdiction over the account, but no new evidence is not considered, resolved.

What? 55. The procedure continues to follow the forms of corruption allegations.

1. When the public is directly charged, the recipient must record the whistled content, they, the name, address the whistled, when necessary, record the report. Content Record Stain. The charges must be sent to the whistled, copy, and sign the confirmation. The date of the charge of the allegation from the date the accuser confirmed to the report's content.

2. Take over the corruption charge in the form of the application of the report:

a) Case scenario. Please. The prosecution was sent to the post office, and the next time the prosecution was the date of the report.

b) The case of the invoice was sent directly, the recipient must make the receipt papers; th Yeah. The application point is the date on the receipt.

3. Shortly after receiving the charge over the phone, by the data message, the agency, the organization, the individual who received the prosecution must proceed to verify their name, the whistled whistled by the whistled whistled information, apply under the authority or request the opportunity. Officials, the organization has the authority to apply the necessary measure in time to detect, prevent corruption.

4. For the unknown denouncing them, the name, the whistled address but clear whistled content, the specific evidence, which has the basis for the examination, verification, agencies, organizations, individuals with the authority to study, refer to the information provided to serve the work. In case, anti-corruption.

What? 56. Procedulable procedure, denouncing denouncing corruption behavior

1. The passive procedure, the resolution of the allegations of corruption is carried out under the law of denouncing, the Law. Pl No, no, no, no, no, no.

2. In conclusion of the alleged content, the decision to process the alleged breach of the accused must be published publicly and sent to the public office, the state inspection agency of the same level, and sent to the whistled whistled when required.

3. In the case of indeterminate content that is not true, the agency, the organization, the individual who has the authority to resolve the prosecution must publicly conclude that conclusion and to process or petition the agency, the organization or the person with the authority to handle the person who deliberately denounced the truth.

What? 57. Handout violations of reception, processing, denouncing the prosecution.

1. The person responsible for receiving the charge does not accept the charge, deliberately delaying or not transferring to the agency, the organization, the individual with the authority to resolve the report. mace According to the nature, the extent of the breach must be dealt with disciplinary action or in search of criminal responsibility.

2. The person who is responsible for resolving the report does not resolve the charge, not solving the report. mace By nature, the extent of the breach must be dealt with discipline; if intentionally discharges the regulations of denouncing and handling the laws of the Law. Pl No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no Pl No, no, no, no, no, no, no, no, no, no, no, no, no.

M All right 2

SECURITY, WHISTLED.

What? 58.

Agencies, organizations, individuals with the authority are responsible for carrying out measures to protect the whistled. The protection of the whistled is carried out in accordance with the law on the charge.

What? 59. Khen reward in defense, anti-corruption

1. The agency, the organization, the individual whose achievements in the prevention, detection, disposal of corruption, is rewarded with matter of matter and spirit. Praise for the achievement of corruption is done under the law of denouncing and commendation.

2. Room reward fund, anti-corruption

a) The Foundation, Anti-corruption Foundation, was established to praise the agency, the organization, the individual whose achievements in the prevention, detection, corruption treatment.

b) The hedge fund, anti-corruption, is taken from the state budget, from the property recovered from the cases, the corruption and contributions of the organization, the individual.

c) The management, using a reward fund, against corruption conducted by the Inspector of Government following legislation on the state budget.

Chapter VII.

BUILD AND EXECUTE MODE, LEVEL, STANDARD

What? 60. Build, enact and implement the regimes, norms, standards,

1. The head of the state agency has jurisdiction in the construction, the board of the regime, the rating, the responsible standard:

a) The organization, directing the public opinion of the regime, the standard, the standard by the authority of its governing authority.

b) The base of the regimes, the norms, the standards set by the authority of its management authority, the agency guidelines, the organization, the unit in the construction, the board, the public and the implementation of the regimes, the norms, the standard applicable to the agency, the organization, the unit. There.

c) Held accountable to the law on the conduct of violations of the regulations on construction, promulgation, public and manual implementation of the regimes, norms, standards under the provisions of the Law. Pl No, no, no, no, no, no, no, no, no.

2. The head of the agency, the organization, the unit responsible for organizing, directing, testing, the construction of the construction, public, public, and implementation of the regime, the standard applicable to the agency, the organization, the unit which he manages, in charge.

What? 61. l Violation of the rules of the regime, the standard, the standard.

1. The person with a violation of the regime, the standard, the standard. mace according to the nature, the extent of the breach of the breach must be dealt with discipline or to pursue criminal responsibility according to the rule of law.

2. The director, who allows, the proposal to use beyond the regime, the rating, the standard is t. mace according to the level of responsibility that the value of the value is used exceeded; the user exceeds the mode, the rating, the standard of having a federated responsibility compensated the portion of the value used exceeded.

3. The director, who allows, the proposal to implement the rating, the economic standard-the technique is lower than the regulation because of the benefit. depends. according to the level of responsibility required to compensate for the price Shit. It allows for the lower use; the benefiters from the implementation of the regime, the rating, the economic standard-the lower technique that has the responsibility of the union compensated for the benefit of the value.

4. In the case of regime violations, the rating, the standard of damage, the failure of property or forced to apply the remediation measures, the person with the prescribed violation of the provisions at Clause 2 and 3 This must be responsible for compensation. It ' s often the damage or cost of remediation.

Chapter VIII

OTHER REGULATIONS

What? 62. Innovation method of payment and management operations management, the cash amount to the cadet, the public, the official said.

1. The government applies financial, technological solutions to making all costs to the person with office, regulatory powers at points a, b, and c 3 Article 1 Law. Pl No, no, no, no, no, no, no, no.

2. The Minister of Finance chaired, in coordination with the Governor of the State Bank of Vietnam, the Minister of the Interior to build a project to manage the income, the spending of the cadres, the public, the officer with a personal account.

What? 63. International cooperation in defense, anti-corruption

1. International cooperation projects in the chamber, anti-corruption are regulated at 1 Article 90 Law. Pl No, no, no, no, no, no, no, no, no.

2. The operational results of these projects must be reported by the Prime Minister and sent to the Inspector of Government to introduce the general data system to the chamber, against corruption prescribed at Article 38 of this decree.

Chapter IX

EXECUTION CLAUSE

What? 64.

The decree has been in effect since July 31, 2013, replacing the United States Protocol. 120 /2006/ND-CP October 20, 2006 the Government rules out details and guidelines that enforce certain provisions of the Law. Pl You know, fighting corruption.

What? 65.

Ministers, peer-to-peer agencies, Head of Government Office, Chairman of the Government Brew The people of the province, the central city of the Central Committee, the agencies, hive And the relevant individual is responsible for this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung