Circular 12/2011/ttlt-Tandtc-Vksndtc-Ttcp-Ktnn-Bqp-Bca: Regulating The Exchange, Management And Use Of Information And Data On Prevention Of Corruption

Original Language Title: Thông tư 12/2011/TTLT-TTCP-VKSNDTC-TANDTC-KTNN-BQP-BCA: Quy định việc trao đổi, quản lý và sử dụng thông tin, dữ liệu về phòng, chống tham nhũng

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CIRCULAR regulates the Exchange, management and use of information and data on prevention of corruption _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law, fight against corruption, 2005 (amended and supplemented in 2007);
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;
To serve state management on prevention of corruption; strengthening the coordination of activities among relevant authorities on prevention of corruption; build, manage, and use effectively the common data system on prevention of corruption, government inspectors: interdisciplinary, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security is unified regulating the Exchange, management and use of information the data on prevention of corruption among agencies as follows: article 1. Scope this circular regulates the Exchange, management and use of information and data on prevention of corruption between the Government inspection, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security. 2. The object that applies to this circular apply to government inspection, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security in the Exchange, management and use of information and data on prevention of corruption.
Article 3. The principle of the Exchange, management and use of information, data 1. Compliance with the provisions of the law on prevention of corruption and the law on State secrets; ensure the accuracy, objectivity, completeness and timeliness.
2. Strengthen the application of information technology to improve the efficiency, consistency and synchronization in Exchange, management and use of information and data on prevention of corruption.
Article 4. The responsibilities of the bodies in the Exchange, management and use of information 1. Government inspectors, in cooperation with the relevant authorities to build, manage and use common data system on prevention of corruption (hereafter referred to as the common data system) service for State management on prevention of corruption; Chairing the Organization of reviews, review of experience exchange, management and use of information and data on prevention of corruption.
2. Inspection of the Government, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security provide common data system information about the results of operation to detect, handle the acts of corruption, the corruption assets under the provisions of the law and this circular.
3. Inspection of the Government, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security is responsible for the layout of officers, material conditions, techniques to ensure for the Exchange, management and use of information and data on prevention of corruption at the same time directing the agencies, organizations, units of the range management done right the rules of the Exchange, management and use of information and data on prevention of corruption; coordinated timely dismantling the obstacles, difficulties arise in the implementation process.
Article 5. The content provides the information, the data 1. Government inspectors provide a common data system information, the following documents: report of inspection about the prevention, fight against corruption; the results of the inspections have detected signs of corruption; the money, the property of corruption due to the inspection agency recall petitions; results of detection of corruption through operation settle accusations; the results of research, sociological investigation and other materials relating to the prevention, the fight against corruption. Content catalog information displayed in annex 1 attached to this circular.
2. the Supreme People's Procuratorate provides general data system information on the results of handling the corruption crime, information on the amount of property, corruption was the people's Procuracy levels suggest withdrawal, custody, blockade. Content categories of information are shown in Appendix 2 attached to this circular.
3. the Supreme People's Court provides for a common data system information about the trial at first instance, the appeal of the people's Court for the crime of corruption, information on the amount of property, corruption was level people's Court of first instance declared confiscated State funds supplement. Content categories of information are shown in Appendix 3 attached to this circular.
4. The State Audit system provides general information about the data: the number of audit was done; of service, the transfer to the competent authorities; the money, the assets being managed and used the wrong are the State Audit Agency discovered, petitions to revoke; the legal texts by the State audit recommendations to cancel, modify, Supplement; the results of the audit's recommendations. Content categories of information are shown in Appendix No. 4 attached to this circular.
5. The Department of Defense provided for common data system information about the number of cases, the accused were prosecuted, investigated, were recommended the prosecution of the crime of corruption by investigating authorities in the people's Army made, information on the amount, the property of being corruption , causing damage due to corruption is the investigating authorities in the people's Army suggested withdrawal, custody, blockade. Content categories of information are shown in Appendix No. 5 attached to this circular.
6. The Ministry of public security provide common data system information about the number of cases, the accused were prosecuted, investigated, were recommended the prosecution of the crime of corruption due to the Investigation Department of the public security people made, information on the amount, the property of being corruption , causing damage due to corruption is the agency within the public safety people recommend withdrawal, custody, blockade. Content categories of information are shown in annex 6 attached to this circular.
Article 6. The Exchange form, providing the information, the exchange of data, providing the information, the data in the form of administrative documents or electronic data message (has the same legal value). A government inspector is clue to receive and process information provided by ministries serve state management on prevention of corruption and the common data system.
Article 7. Statistical information and period of time made the Exchange, providing information, data 1. Monthly information: statistical information, from the first day of the month to the last day of the month, offering the latest on April 20, after the.
2. information: statistical information for the whole year, figures from the date 01/01 to 31/12, offers the latest on January 20 next year.
3. irregular information: in the case of the National Assembly, the Government, the Central Steering Committee on anti-corruption or other competent bodies required to report, to provide information in the directory of the target of the information specified in article 5 of this circular or other relevant information but according to statistical and other States with the provisions of paragraph 1 of article the ministries and agencies concerned to actively provide at the request of the bodies which, at the same time provide for common data systems and organs function. Case reporting requirements, provide information to be sent to government inspectors, the Government Inspector is responsible for sending the texts suggest the related agencies to provide information.
Article 8. Management and use of information, data 1. Government inspectors are responsible for applying the measures, professional expertise, techniques required for general data security system, ensuring the sharing of information, data accuracy, timeliness, efficiency for the Agency, organization, or individual units are specified in this circular.
2. Inspection of the Government provided for the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security access code and password to tap information from common data system through electronic networks. The responsible agency code, password security is provided.
3. In addition to the agencies issued a joint circular, government inspectors have a responsibility to share information for the Agency, who have authority to use, extraction of information from general data system: a) The central authority of the party;
b) the Commission of the National Assembly, the Council of peoples of the Parliament, the Committee of Parliament, the Office of the National Assembly;
c) President, Vice President, Office of the President;
d) the Prime Minister, the Deputy Prime Minister, government offices;
DD) of the Central Steering Committee on anti-corruption, the Office of the Central Steering Committee on anti-corruption.
4. In the case of inspection of the Government using the information, the data from the common data systems to build the report on prevention of corruption submitted the competent authority shall submit to the Council the Agency participated in this circular.
Article 9. Clue unit made Member offering, exchange of information 1. The Agency assigned units do offer clues, the exchange of information under the provisions of this circular are as follows: a Government Inspector): the Bureau of anti-corruption.
b) Supreme People's Procuracy: crime statistics.
c) Supreme People's Court: General statistics.
d) State Audit: Service.
DD) defense: Defense Ministry inspectors.
e) Ministry of public security: Inspector of Ministry of public security. 2. The unit, the organization is the clue to the provisions in Clause 1 of this article are responsible for specific leadership assignment unit and functional parts made the task of the Exchange offers, information management, data; open and register with government inspectors email box, fax number, phone number used for the Exchange, providing information, data.
Article 10. Effect 1. This circular is effective from 01/02/2011 and replaces circular No. 2423/TTLT-TANDTC-VKSNDTC-TTCP-KTNN-BQP-BCA on November 19, 2007 of the Government Inspector, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security.

2. During the implementation process, if there are problems, the Agency reflects on government inspectors to coordinate with the relevant ministries review, guide and adjust accordingly.