Circular 02/2012/tt-Ttcp: Detailed Rules And Instructions For The Authority, The Content Inspector Responsible For Implementation Of The Provisions Of The Law On Prevention Of Corruption

Original Language Title: Thông tư 02/2012/TT-TTCP: Quy định chi tiết và hướng dẫn thẩm quyền, nội dung thanh tra trách nhiệm thực hiện các quy định pháp luật về phòng, chống tham nhũng

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CIRCULAR detailed rules and instructions for the authority, the content inspector responsible for implementation of the provisions of the law on prevention of corruption _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 56/2010/Inspector QH12;
Pursuant to the law, fight against corruption the No. 55/2005/QH12;
Pursuant to Decree No. 120/2006/ND-CP dated 20 October 2006 from the Government detailing and guiding the implementation of some articles of the law on prevention of corruption;
Pursuant to Decree No. 86/2010/ND-CP of September 22, 2011 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman;
Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Government inspectors detailed rules and instructions for the authority, the content inspector responsible for implementation of the provisions of the law on prevention of corruption as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular stipulates detailed and authoritative guide, content inspector responsible for implementation of the provisions of the law on prevention of corruption for the Agency, organization, unit and the head of the Agency, organization, unit under the control of management of State administration levels.
2. The order and procedure of inspectors responsible for implementation of the provisions of the law on prevention of corruption apply as specified in section 1 of chapter III of Decree 86/2010/ND-CP on January 22, 2011 from the Government detailing and guiding the implementation of some articles of the law and the other provisions of the law on the Ombudsman article 2. The object that applies to this circular applies to the following subjects: 1. The Heads of State agencies, heads of State inspectors, Chief Inspector and member of the delegation the delegation inspected the State administrative bodies when the inspector responsible for implementation of the provisions of the law on against corruption, for the Agency, organization, individual, unit and the head of the Agency, organization, unit;
2. The Agency, organization, or individual units relevant to the responsible implementation of the provisions of the law on prevention of corruption.
Article 3. The responsibility of Heads of State administrative agency heads of State administrative bodies within the scope of the task, their powers are responsible for the Organization, direction, guidance, test, urge the inspector responsible for implementation of the provisions of the law on prevention of corruption; solving difficult problems, timely processing of recommendations of the Inspector; conclusion and implementation concluded inspection under the provisions of the law.
Chapter II JURISDICTION article 4 RESPONSIBILITY for INSPECTION. Principle of determining the jurisdiction of the inspector responsible for The State inspection agency authorized inspector responsible for implementation of the provisions of the law on prevention of corruption for the Agency, organization, or individual units, the head of the Agency, organization, professional units under the authority of the management bodies of State administration at the same level and Executive Administration the State administration, the head of the administrative agency subordinate.
Article 5. The authority of the Government Inspector 1. The Government Inspector inspector responsible for implementation of the provisions of the law on prevention of corruption for the ministries, ministerial agencies, government agencies (collectively referred to as the Ministry), the provincial people's Committee, the central cities (collectively, the provincial people's Committee); State enterprises due to the Prime Minister decided to establish.
2. in the process of conducting the inspection shall make the provisions of the law on prevention of corruption for the Ministry, the provincial people's Committee, the State enterprises due to the Prime Minister decided to establish the Ombudsman's inspection Group, the Government has the right to examine, verify the implementation of the provisions of the law on against corruption, for the Agency, organization, units and individuals concerned as follows: a) the Office of the Ministry, the General Directorate, the Directorate, the service, the unit directly, the State enterprise by the Minister, the Ministerial heads, government agencies (collectively referred to as the Secretary) decided to establish agencies and organizations, units, and individuals in the administration of the Ministry;
b) Office of the provincial people's Committee, the professional body of the provincial people's Committee (collectively the Department level), the people's Committee of the County, district, town, city in the province (known as the people's committees at district level), State enterprises by the people's Committee Chairman granted the province decided to establish agencies and organizations, units, and individuals in the administration of the provincial people's Committee;
c) Office, the room, the Board ... of State enterprises due to the Prime Minister and decided to establish the Organization, units, and individuals in the administration of the business.
Article 6. The authority of the Inspector 1. Ministerial, ministerial-level agencies (referred to as Inspector) inspector responsible for implementation of the provisions of the law on prevention of corruption with respect to: the Agency, organization, or individual units administered by the Ministry; State enterprise by the Minister decided to establish.
2. in the process of conducting the inspection, the inspection Division of the Ministry inspectors have the authority to review, to verify the implementation of the provisions of the law on prevention of corruption with respect to agencies, organizations, and individual units administered by the Ministry and State enterprises by the Minister decided to establish , as follows: a) Office, the Directorate, the Department, service, subdivisions, agencies and organizations, units, and individuals in the administration of the Ministry;
b) Office, the room, the business units of the business by the Secretary of State decided to set up and organized, units, and individuals in the administration of the business.
Article 7. The authority of the Inspector 1. Inspector, central cities (known collectively as Inspector) inspector responsible for implementation of the provisions of the law on prevention of corruption for: professional body in the people's committees of the province (referred to collectively as the Department level); the people's committees, districts, towns and cities in the province (known as the people's committees at district level); State enterprises by the people's Committee Chairman granted the establishment decision.
2. in the process of conducting the inspection, the inspection Division of the provincial inspectors have the right to review and verify the responsibility to implement the provisions of the law on prevention of corruption with respect to agencies, organizations, units and individuals in the administration of the Department-level committees, district level and State enterprises by the people's Committee Chairman granted the province decided to establish , as follows: a) Office, room, Board, specialist units and levels of the agencies, organizations, units, and individuals in the administration of the grant;
b) Office of the people's Committee at district level, the room, the professional board directly under the people's Committee of the people's Committee of the district communes, wards and towns (known collectively as the social people's Committee) and the agencies, organizations, units, and individuals in the administration of the people's Committee at district level;
c) Office, the room, the service, the unit of State-owned enterprises by the people's Committee Chairman granted the establishment and institutions, units, and individuals in the administration of the business.
Article 8. The authority of inspection inspection of the specialized agencies of the people's committees of the province (referred to as inspection) inspector responsible for implementation of the provisions of the law on prevention of corruption for the Agency, organization, or individual units administered directly by the Department.
Article 9. The authority of the Inspector of the District 1. Inspector of the County, district, town, city in the province (referred to as District Inspector) inspector responsible for implementation of the provisions of the law on prevention of corruption for the specialized agencies in the district-level people's committees and people's Social Committee.
2. in the process of conducting the inspection, the Inspector of the district inspectors have the authority to review, to verify the implementation of the provisions of the law on prevention of corruption with respect to agencies, organizations, units and individuals in the administration of the people's Committee of districts, as follows: a) Office , the room, the professional board directly under the people's Committee at district level and the agencies, organizations, units, and individuals in the administration of the people's Committee at district level;
b) Office, the Expert Committee directly under the people's Committee and township level units and individuals in the administration of the people's Committee of the social level.
Article 10. The Authority reviewed, verified for the Agency, organization, unit, individual 1. In the process of conducting the inspection shall make the provisions of the law on prevention of corruption, based on the requirements of the inspections, in addition to the agencies, organizations, individual units are reviewed, verified the provisions in paragraph 2 of article 5, 6, 7 and 9 of this circular Group of inspectors, the State Inspection Agency has the right to review and verify for the agencies, organizations, units, other relevant individuals to clarify the contents need inspection.
2. The Agency, organization, or individual units are related to the content of responsible inspectors need work, providing information, documentation as requested by the Corps of inspectors responsible for implementation of the provisions of the law on prevention of corruption.
Chapter III CONTENT INSPECTOR RESPONSIBLE for article 11. Principles determining the content inspection 1. Based on the requirements of the State management and planning to inspect the implementation of the provisions of the law on prevention of corruption, the Agency has the authority to conduct inspection of all or some of the content provided for in article 31 of the Decree 120/2006/ND-CP dated 20 October 2006 from the Government detailing and guiding the implementation of some articles of the law Prevention of corruption.

2. In addition to the content guidelines in the article (from the article 12 to article 25 of this circular), in the case of inspection of the public, transparent operations, the competent inspection body pursuant to the provisions of the law on prevention of corruption, transparency and the rule of law majors that field to consider , reviews, and application of the provisions of this circular in order to determine the content inspection of the public, transparency for the activities accordingly.
1. The INSPECTOR SHALL MAKE REGULATIONS on PREVENTION OF CORRUPTION article 12. Inspection of the construction and implementation of programs, plans, against corruption 1. Review, reviews of the construction program, plan the work, fighting corruption, building plans, process time, time, pursuant to the construction plan, the content of the plan, the instructor directing the construction program, the plan for the Agency organizing the unit.
2. Review, reviews the implementation of programs, plans the prevention, fight against corruption, including: forms, popular way, implementing the plan; steer, guide, inspect, test, urging the implementation of programs, plans.
Article 13. Inspection of the propaganda, the popular party's policies and guidelines, the State's law on prevention of corruption 1. Review, reviews of the construction program, plan advocacy and organizing work of propaganda, the popular party's policies and guidelines, the State's law on prevention of corruption; review of the Organization, the individual units have implemented compared to regulations; consider coordinating with relevant agencies, to build the network reports of the unit for the propaganda, common law on prevention of corruption and the resulting solution has done.
2. Review the contents, form, location, duration, objects are propagated and reviews the effectiveness, relevance, organization specific activities of each unit; the quality, the results achieved through the propaganda.
Article 14. Inspection of the public, transparent financial operations, budget 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. public content, transparency should be considered: a) for budget estimation units: public base, the principle of allocation; publicly available data, estimation and settlement;
b) for direct estimation unit using funding: public funds contributed by the individual organizations are mobilizing and effective use; public expenditure estimation data stores of equipment and means of work; public spending overhaul of fixed assets, the Conference and the content of others;
c) for organizing the State budget support: publicity of data estimation, settlement; public donations and use of individual organizations (if any); publicly the basis determines the level of support and the amount of State support;
d) for the Fund comes from the State budget: publicly active regulation and the financial mechanisms of the Fund; public annual financial plan, which details revenues, with the State budget according to the provisions of the authority; the resulting publicity activities of the Fund; publicity in settlement is approved by the authority;
DD) publicly the allocation, use the budget, property of the State for the project, the target program.
Article 15. Inspection of the public, transparency in public procurement, construction and project management of construction 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. public content, transparency should be considered: a) In stores: public funding, planning and investment shops, armed State assets; public bidding, invite selected and selected results, bid; public directory of contractors participating in the bidding limit, short list of publicity the contractor involved in the bidding limit, contractor selection result; openly receiving aid, donated and transferred, liquidate, sell, transfer, armed State assets;
b) In basic construction: publicizing the allocation of capital in the financing the State budget is allocated annually for the project; publicly the extent of capital investment projects are delivered in the estimation of the budget year; public bidding, invite selected and selected results, bid; public directory of contractors participating in the bidding limit, short list of publicity the contractor involved in the bidding limit, contractor selection result; public capital investment annual project; publicly approved capital investment projects completed;
c) project management in construction: The opinions of local people where the planning of investment projects; the Council considered, the decision for the construction investment projects from local budgets; publicly perform the construction investment project after determined, approved to monitor people.
Article 16. Inspection of the public, transparency in the mobilization and use of contributions 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. public content, transparency should be considered: a) the public opinions of the people and the decision of the people's Councils at the same level in mobilizing people's contributions to construction investment, funds local in scope;
b) publicly promoting, the level of contribution, the use, results of use and report;
c) public works infrastructure in communes, wards and towns use the donations of the people: public contribution level, the use, results of use and report; estimation for each public works investment plan; public capital investment for each of the works; the resulting publicity raised by each particular audience, time mobilized; publicly the results of choosing the contractor that has been approved by the authority; public construction progress and results trials of the volume, quality and the settlement process.
Article 17. Inspection of the public, transparency in management, land use 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. public content, transparency should be considered: a) the open, transparent rule of law;
b), transparent evaluation procedure, approval of the project; bidding for the project, land auctions to select investors in accordance with the law of the land and the other provisions of the State;
c) publicity, transparency in land recovery process, clearance and resettlement; in the process of setting up and adjusting the planning, land use plans;
d) publicity, transparency in granting land use rights certificates: authority, sequence, procedure and the granting of certificates of land use; publicly detailed planning and lot in the assignment, the audience was given the land to housing;
DD) public, transparent planning, land use plans: review, evaluate the management of land use, on the basis of comparison against the planning, land use plan approved; publicly the results of the management of the delivery of the land, land, land rental, transfer the land use purpose;
e) publicity, transparency in administrative procedures related to the management of the State on the land.
Article 18. Inspection of the publicity and transparency of activities addressed the work of the Agency, organization, individual, unit 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. content of publicity for the agencies, organizations, individuals with authority in the field of management of land, housing, building, business registration, approve the project, funding the State budget, credit, Bank, export, import, exit and entry, household management, tax, customs, insurance and agencies other individuals, organizations, directly addressed the work of the Agency, organization, or individual units to be inspected need to consider, evaluate, implement regulations on public: public administrative procedure to resolve; publicity deadline to resolve; public order and settlement procedures; openly addressing the results of the work of the Agency, organization, or individual units.
Article 19. Inspection of the public, transparency in the work of the Organization, officers 1. Publicity and transparency are applied for each of the content compared to regulations.
2. The time of publicity is done for each content compared to regulations.
3. public content, transparency should be considered: a) openly recruiting officers, public servants, officers and employees in the Agency, organization, unit; publicity about the number, standard, forms of employment and employment outcomes;
b) openly planning, training, appointment, transfer quota, rotation, maneuver, reward for quitting, to stop serving, dismissed, recall, discipline, retirement for officers, public servants and other workers.
Article 20. Building inspector, perform mode, the norm, the standard 1. Consider the construction, issued and publicized the regime, norms, standards for public servants, employees of the Agency, organization, unit; consider the base build and time to apply than regulations; consider the content of the regulations on the regime, norms, the Agency's standards, the organization realized compared with the State's regulations.

2. Considering the guidelines, implementing regulations on the regime norms, standards; consider checking, Executive, fix the rules do not match reality in the implementation regulations, norms and standards (if any); consider the handling of violations of regulations on the regime, norms, standards (if any).
Article 21. Inspection of the implementation of the code of conduct, business conduct rules 1. The building, which holds the code of conduct, business conduct rules in the Agency organizational unit compared to regulations.
2. The code of ethics, the rules of professional ethics of public servants to the people monitoring the observance in comparison with regulation.
3. The observance of regulations on what public servants do not.
4. The inspection, handling for violating the code of conduct, business conduct rules and the work of officers, civil servants, employees can't do.
Article 22. Inspect the switch positions the work of public servants 1. Consider the construction plan, the plan, implementation principles and prohibited behaviors in performing periodically switch positions the work; look at the content, the form performs the periodic switch positions the work; consider the object to be make the switch position of the work; consider the time limit to periodically switch positions the work; considering the time of the decision to the public, decided to maneuver.
Consider the case of violation of rules switch positions the work of public servants (if available): review of cases don't make the switch position the work as defined; consider the case of the switch does not correctly list the location of the work in the fields, the fields must periodically switch; consider the reason not yet done periodically switch positions.
2. Consider the Guide, test, urge the Agency, organization, or individual units under management in the construction planning, organization, execution of the switch positions the work for public servants.
Article 23. Inspection of the implementation of the rules on gifts, gifts and gift 1. Consider holds, guide and steer the implementation regulation on gifts, gifts and gift of the Agency, organization, unit has used the State budget and of public servants compared with provisions in decision 64/2007/QD-TTg dated 10 May 2007 from the Prime Minister's.
2. Consideration of the implementation of the provisions giving gifts, gifts and gifts of public servants versus the State's regulations.
3. Consider getting, use a gift by the Agency, organization, unit, individual gifts to the Agency, organization, unit and use public funds to give gifts compared with provisions of the State.
4. Consider the handling for cases of breach of the gift, receive gifts and gift (if any).
Article 24. Inspection of the implementation of the transparency of assets, the income content inspection of the implementation of the rules on transparency of assets, the income of public servants to focus on the following issues: 1. The organization, implementing rules to declare assets, income: The purpose holds the Declaration of assets , income; make a list and announce the list of people who are obliged to declare; common types of property, the income must be declared; perform the sequence, disclosure of assets, income; public property declaration, income; management uses a declaration of assets, income.
2. Verify the property, income (if any): the required base property, income verification; implement the rule on the order verification procedure, property, income, conclusions about transparency in asset declaration, the income of the person who has the obligation to declare; management and use of records to verify assets, income.
3. The processing of violation of regulations on the transparency of property, income (if any) need to be considered: a) the handling of administrative discipline for the Declaration of assets, income is not honest;
b) the handling of liability for the violation of the rules of the Organization, declaring assets, income; public property declaration, income; Verify assets, income; conclusions about transparency in asset declaration, income; management and use of records about the transparency of assets, income; prepare reports results of transparency of assets, income under the rules.
Article 25. Inspection of the implementation of the administrative reform 1. Review of the implementation of the reform, improve the administrative procedures; review of applied science, technology innovation in management and administration; consider decentralization to strengthen autonomy, the responsibility of the Organization, agency, individual units; consider defining the responsibilities of each position.
2. Review, evaluation, the results of the decentralization of administrative agencies and devolved to subordinate administrations; consider the delineation of duties and powers of the organs of State compared with the requirements of local management units.
3. Review of the implementation of innovation in payment method to minimize cash payments; the actual performance due to implement the reform of administrative procedures; consider the technological innovation for professional work; review of beneficiaries from the solution and the social efficiency.
4. Review, reviews the implementation of the administrative procedure were issued for each sector in comparison with the regulations; the implementation regulations on OSS.
5. Review of the implementation of the reform of administrative procedures compared with the requirement of publicity, simplifying in order to prevent corruption, the number of specific administrative procedures were removed, modified, added and the number of administrative procedures be reformed; reviews of some typical administrative procedure has been reformed; determine social, economic value due to the reform of administrative procedures.
Section 2 INSPECTION SHALL MAKE REGULATIONS on HANDLING CORRUPTION detection, Article 26. Inspection of the handling of the report, addressed to denounce corrupt behaviour considering setting, public forms of receiving notification signs of corruption, accuse corrupt behavior; consider responsible organizations, individuals in receiving and accepting authority denounce acts of corruption; consider the sequence, procedure for resolving accusations of corruption acts; considering the Agency's coordination responsibility, organizational unit, or individual has the authority in processing the report and resolution to denounce acts of corruption.
Article 27. The Inspector, who has handled corruption acts 1. Consider the discovery of corrupt behaviour by public servants administered directly through active management, receiving and processing messages about signs of corruption.
2. Consider the disposal of the corrupt behavior of the Agency, organization, unit administered through inspection activities, Inspector, solve corrupt behavior: report Of the incident and of the acts of corruption are processed and results already handles for each case; on the form, the level of handling compared to the level of violation; on the number of incidents and the number of people who have to handle administrative discipline or to transfer records to the Agency handles criminal. Detailed data about the results of processing include: a) Administration: the number of incidents and the number of people who have corrupt behavior are disciplined administratively;
b) About criminal: the number of incidents and the number of people who are corrupt behavior to transfer agency processing of criminal liability;
c) about the economy: the money, the property, the land must be withdrawn and was recovered for the State, collective, individual organizations; sanctions, compensation, reimbursement of the money, the property;
3. Review, reviews the merits and drawbacks, exist in detection, handling of corrupt behavior and causes.
Article 28. Inspection of the implementation of the recommendations, decide to handle 1. Review of the implementation of the recommendations and decisions related to the handling of corruption and make the conclusion the inspection, inspection, investigation, audit, judgment against the Agency, organization, unit is the Agency of State handling, needs to consider: the Organization, made the conclusion recommendations, decide to handle; the results of the conclusions, recommendations, the decision process.
2. Consider the track, urging, check, Executive information reporting regime in the process of implementation of the conclusions and recommendations, to decide the handling of bodies, competent organization.
Article 29. Inspection of the implementation of the jurisdiction test, the inspector responsible for implementation of the provisions of the law on prevention of corruption 1. Consider the construction, approval of test plans, and organizing the implementation of test plans, annual inspection on the implementation of the provisions of the law on prevention of corruption of the Agency, organization, or individual units administered.
2. Consider the decision to test, inspection (form, content, manner of issuance); consider conducting the inspection, the Inspector (sequence, procedure, results) regular, irregular (if any) have been made compared to the planning and management requirements.
Article 30. The inspector about the observance of reporting, information mode the prevention, fight against corruption 1. Consider implementing the mode of information, periodic reports, thematic reports, reported irregular about the prevention, fight against corruption through the information on the form, amount, time, content, quality of information reported.
2. Consider the advantages, disadvantages, and problems (if any) in information mode, the implementation report.
Article 31. Inspected the processor responsible for the head of the Agency, organization, unit when to occur acts of corruption within the Agency, organization, his unit manager, in charge of 1. The review, handle direct responsibility or liability for the head, body, organization, unit when to occur acts of corruption within the Agency, organization, unit by that person, according to the level specified in article 55 of law, fight against corruption.
2. The review, concluded the responsibility of the head of the Agency, organization, unit in organizing, directing, implementing the provisions of the law on prevention of corruption.
Chapter IV Article 32 ENFORCEMENT TERMS. Effect 1. This circular is effective from September 2012.

2. During the implementation process, if there are problems or new issues arise, agencies, units and individuals reflect timely Government Inspector for instructions or additional amendments./.