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Circular 2465/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 liên tịch 2462/2007/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;
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 build, manage and use effectively the common data system on prevention of corruption, 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 uniform regulations are as follows: A.
GENERAL PROVISIONS 1. Government inspectors, in collaboration with the relevant authorities to build, manage and use common data system on prevention of corruption (hereafter referred to as the common data system) for research, reviews, predictions about the situation of corruption; build, improve policy, the law 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 results of activity detection and handling of corrupt behavior, the property of corruption according to the function, the tasks specified by law.
3. The provision, information exchange, data is done periodically by the administrative text or message data (two forms has the same legal value). Government inspectors are responsible for the synthesis, processing such information, the data provided by the ministries and general data system.
4. The ministries responsible for supply, management and use of information on prevention of corruption under the provisions of the law on prevention of corruption and the law on State secrets.
Section b. SPECIFIC PROVISIONS i. CONTENT of the EXCHANGE of INFORMATION 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. The list of the target information displayed in annex 1 attached to this circular.
2. 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 of property, corruption was the investigating agency in the people's army seized proposal supplements the State Fund. The list of the target information is shown in Appendix 2 attached to this circular.
3. 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 of property, corruption was the investigating authorities in public security people suggest additional State funds confiscated. The list of the target information is shown in Appendix 3 attached to this circular.
4. the Supreme People's Procuratorate provides general data system information about the number of the case, accused of being the people's Procuratorate the prosecution level about the crime of corruption, information on the amount of property, corruption was the people's Procuracy levels suggest additional State funds seizure claim. The list of the target information is shown in annex No 4 attached to this circular.
5. the Supreme People's Court provides for data system General information about the number of cases, the number of people convicted by the people's Court of first instance-level trial regarding the crime of corruption, information on the amount of property, corruption was level people's Court of first instance declared confiscated State funds supplement. The list of the target information is shown in annex No. 5 attached to this circular.
6. The State Audit system provides general information about the data: the number of audit was done; of service, the transfer to the competent authorities; people with recommendations regarding handling of corruption; 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. The list of the target information is shown in annex 6 attached to this circular.
II. The TIME LIMIT for PROVIDING INFORMATION the Government Inspector, Ministry of defence, the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit statistical information according to the criteria specified in section I of part B to this circular by the States: 3 months (take the figures from January 1 to March 31); 6 months (take the figures from January 1 to June 30); 9 months (get data from October 1 to September 30); a year (taking data from October 1 to December 31).
The statistical results of the ministries were sent to government inspection within 20 days (work) since the end of the statistical period to synthetic, processed and published on the General data system.
III. Management And USE Of INFORMATION 1. Government inspectors are responsible for applying the measures-technical services necessary to the overall 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.
3. In addition to the agencies involved to this 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.
Section c. IMPLEMENTATION 1. Inspector of Government Affairs the Bureau of anti-corruption in the Government Inspector is clue to receive, process and deliver information.
2. the Supreme People's Procuratorate, the Supreme People's Court, the State Audit, the Ministry of defence, the Ministry of public security announced for government inspection unit is assigned the clue to coordination with the Bureau of anti-corruption in the Government Inspector made the Exchange, management, exploitation and use of information the data, from the common data system.
3. This circular takes effect after 15 days from the date The report. In the process of implementation of this circular, if there are obstacles, the proposal reflects on government inspectors to coordinate with the ministries concerned to consider, resolve./.