Directive No. 01/2002/CT-TTg On prohibiting the use of state funds and assets for rewards, gifts, and donations to individuals or organizations not in accordance with regulations

DIRECTIVE

On Prohibiting the Use of State Funds and Assets for Rewards, Gifts, and Donations to Individuals and Organizations Not in Accordance with Regulations

Currently, there is an increasing trend of using state funds and assets for rewards, gifts, and donations not in accordance with established regulations, particularly during holidays and festivals. Such actions not only violate state regulations on thrift but also lead to wastage of state funds and assets, foster bad habits, and undermine the moral integrity of a portion of civil servants and public officials.

To implement Resolution of the Fourth Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam, and to resolutely prevent and curb corruption and waste, the Prime Minister issues the following directives to Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of People's Committees of provinces and centrally-administered cities, General Directors, Directors of enterprises, and heads of economic organizations, units utilizing state budget funds, organizations receiving state budget support, and organizations funded by contributions from citizens and members:

1. Regarding organizations and individuals using state funds and assets for rewards, gifts, and donations:

a) Strictly prohibit organizations and individuals from using state funds and assets, funds from the state budget, public funds, or other sources of financial assistance to reward, give, or donate to organizations or individuals in any form that does not comply with state regulations under any circumstances, especially during holidays, festivals, anniversaries, year-end summaries, celebrations, and the awarding of state honors, etc.

The provision of rewards, gifts, and donations to organizations and individuals who have contributed to the achievements of the agency or unit, policy beneficiaries, should be carried out according to current regulations and must utilize funds from the incentive fund and other legitimate sources designated for incentives.

b) Heads of agencies and units must organize and arrange for party organizations and mass organizations, people's supervisory boards within their units to directly participate in monitoring and supervising the granting of rewards, especially the use of funds from the unit's incentive fund, to promptly identify and prevent improper rewards, and cooperate with administrative authorities to strictly handle violations. Financial expenditures of agencies and units must be fully and specifically reported and publicly displayed within the agency or unit.

c) All instances of rewarding, giving, or donating to organizations and individuals must be conducted in strict compliance with regulations, standards, and criteria, and must be accurately recorded in accounting books and made public within the agency or unit.

d) Individuals deciding to use state funds and assets or funds from the state budget or public funds of the agency or unit for rewards, gifts, or donations in violation of regulations must compensate the public treasury for the full amount of money or value of the items given as rewards, gifts, or donations. If such individuals are state civil servants, regardless of their position, they will be subject to disciplinary action in accordance with the Civil Servant Law; if the act of bribery is concealed under the guise of rewards, gifts, or donations and constitutes a criminal offense, it will be dealt with strictly in accordance with criminal law.

đ) Heads of higher-level management agencies and organizations must monitor and supervise the implementation of reward regulations by subordinate units and bear joint responsibility for cases where their managed agencies or organizations improperly use state funds and assets for rewards, gifts, or donations due to lack of responsibility.

2. Regarding individuals and organizations receiving rewards, gifts, and donations:

a) Strictly prohibit individuals and organizations from suggesting or requesting rewards, gifts, or donations in violation of regulations through any means.

b) Strictly prohibit non-eligible individuals and organizations from accepting rewards, gifts, or donations that do not comply with regulations and standards from any organization or individual. When offered rewards, gifts, or donations that do not meet regulations, standards, or eligibility criteria, they must refuse and explain the reasons clearly. In cases where refusal is not possible, they must immediately report to their direct superiors and deposit the rewards or gifts into the public treasury.

c) Individuals and organizations may not tolerate, cover up, or ignore instances of improper rewards, gifts, or donations. If discovered, individuals or organizations accepting rewards, gifts, or donations in violation of regulations and standards without self-reporting will be handled according to the severity of the violation as stipulated by law. If the violator is a state civil servant, they will be subject to disciplinary action in accordance with the Civil Servant Law; if the act of bribery is concealed under the guise of accepting rewards, gifts, or donations and constitutes a criminal offense, it will be dealt with strictly in accordance with criminal law.

3. The National Inspectorate, the Minister of Finance, and heads of agencies and units with specialized inspection functions must direct their units to strengthen inspection, supervision, and monitoring of the implementation of regulations on rewards, gifts, and donations as stipulated in this Directive and the law; promptly identify and strictly handle violations, especially during holidays and festivals. Upon discovering organizations or individuals using state funds and assets for improper rewards, gifts, or donations, they must require the recipients to declare and deposit the amounts into the public treasury in a timely manner, and either handle the matter themselves or report to competent authorities for appropriate measures to be taken in accordance with the law.

4. The Ministry of Culture, Sports and Tourism shall coordinate with relevant ministries, sectors, and People's Committees of provinces and centrally governed cities to direct mass media agencies to strengthen the dissemination and propaganda of state regulations and standards on rewards, gifts, and the contents of this Directive; highlight exemplary cases of individuals who voluntarily refuse or report and hand over to public funds rewards and gifts received in violation of regulations; promptly bring to public attention cases of violations.

5. The Ministry of Finance shall direct the financial sector to strengthen state management of financial work; guide the collection and submission to public funds of monetary and physical rewards, gifts, and donations that violate regulations submitted by agencies, organizations, and individuals; annually report to the Prime Minister on the implementation of this Directive and submit urgent reports on serious incidents for timely handling measures.

Ministers, heads of ministerial-level agencies, central-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities, General Directors, Directors of enterprises, and heads of economic organizations, units using state budget funds, organizations funded by the state budget, and organizations with revenue from contributions of citizens and members have the responsibility to guide and organize the implementation of this Directive. At the same time, within their scope of responsibility, they must strictly implement Directive No. 29/2001/CT-TTg dated November 30, 2001, of the Government Chairman on intensifying thrift and combating waste.