Joint Circular No. 01/2015/TTLT-TTCP-BNV stipulates the awarding of individuals with outstanding achievements in reporting acts of corruption.

JOINT CIRCULAR

Regulations on rewarding individuals with outstanding achievements
in reporting acts of corruption
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Pursuant to the Anti-Corruption Law No. 55/2005/QH11 amended and supplemented by Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

Pursuant to the Law on Encouragement and Reward No. 15/2003/QH11, amended and supplemented by Law No. 47/2005/QH11 and Law No. 39/2013/QH13;

Pursuant to the Law on Complaints No. 03/2011/QH13;

Pursuant to Decree No. 59/2013/NĐ-CP dated June 17, 2013 of the Government detailing and guiding the implementation of certain provisions of the Anti-Corruption Law;

Pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government, amended and supplemented by Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government, detailing certain provisions of the Law on Encouragement and Reward and the Law amending and supplementing certain provisions of the Law on Encouragement and Reward;

Pursuant to Decree No. 65/2014/NĐ-CP dated July 1, 2014 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Law on Encouragement and Reward in 2013;

Pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The General Office of Inspectorate and the Minister of Home Affairs issue this Joint Circular on rewarding individuals with outstanding achievements in reporting acts of corruption.

Article 1. Scope of Regulation

This Joint Circular regulates rewards for individuals with outstanding achievements in reporting acts of corruption, including: subjects, principles, forms, criteria, reward levels, application procedures, and reward procedures.

Article 2. Applicability

1. Individuals who have been commended:

a) Individuals who achieve outstanding results in reporting acts of corruption;

b) Individuals who achieve outstanding results in cooperating with competent authorities, organizations, or individuals to handle reported acts of corruption and recover corrupt assets.

2. Competent authorities, organizations, or individuals responsible for granting rewards or implementing rewards for individuals with outstanding achievements in reporting acts of corruption.

Điều 3. Nguyên tắc khen thưởng

1. In accordance with Clause 2, Article 6 of the Law on Encouragement and Reward, Article 67 of the Law on Prevention and Control of Corruption, Article 45 of the Law on Reporting, and detailed implementing regulations.

2. Rewards should be commensurate with the achievements obtained, and the reward procedures should be appropriate to positively encourage and motivate individuals to achieve outstanding results in reporting acts of corruption and recovering corrupt assets for the State.

3. Publicize the awarding of rewards, except where related to state secrets or when the individual receiving the reward requests that it not be publicized.

4. Do not grant rewards to individuals whose actions violate the law to the extent that criminal responsibility must be considered or when outstanding achievements have been determined as mitigating circumstances when handling violations of the law.

Article 4. Forms of Awards

1. Order of Bravery.

2. Certificate of Merit from the Prime Minister.

3. Certificate of Merit from the Minister, Head of a ministry-level agency, government agency, Director of the National Assembly Office, Director of the President's Office, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, Auditor General, Chairman of the Vietnam Fatherland Front Central Committee, head of central agencies of mass organizations, Chairman of provincial people's councils under the central government (hereinafter referred to collectively as Certificates of Merit from ministries, sectors, provinces, and central mass organizations). of the National Assembly; of provincial people's councils under the central government (hereinafter referred to collectively as Certificates of Merit from ministries, sectors, provinces, and central mass organizations). of the National Assembly; nhân dân tỉnh, thành phố trực thuộc Trung ương (sau đây gọi chung là Bằng khen của cấp bộ, ngành, tỉnh, đoàn thể Trung ương). ||| people of provinces and centrally governed cities (hereinafter referred to collectively as the Certificate of Merit of the central ministry, sector, province, or central mass organization).

Article 5. Reward Criteria

Criteria for rewarding the Order of Bravery, Certificate of Merit from the Prime Minister, and Certificates of Merit from ministries, sectors, provinces, and central mass organizations for individuals with outstanding achievements in reporting acts of corruption shall be implemented according to the criteria for rewarding informants stipulated in Clause 1, 2, and 3 of Article 21 of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Reporting.

Article 6. Level of Reward

1. The level of reward for individuals who are commended shall be implemented according to the provisions set forth in Article 72 and Article 75 of Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government detailing certain articles of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Articles of the Law on Competition and Rewards.

2. In addition to the rewards specified in Clause 1 of this Article, individuals who are commended also receive rewards from the Anti-Corruption Commendation Fund managed by the Government Inspectorate, with the following levels of reward:

a) Medal of Bravery: sixty times the basic salary applicable to civil servants, public officials, and employees (hereinafter referred to as the basic salary);

b) Certificate of Merit from the Prime Minister: forty times the basic salary;

c) Certificate of Merit from central ministries, sectors, provinces, and central mass organizations: twenty times the basic salary;

d) In cases where the individual helps recover assets or money valued at more than six hundred times the basic salary for the State, they may be considered for additional rewards beyond those specified in points a, b, and c of Clause 2 of this Article, but not exceeding ten percent of the recovered amount or asset value and not exceeding three thousand times the basic salary.

Article 7. Documentation and Procedures for Commendation

1. Documentation and procedures for commendation shall be carried out according to the simplified documentation and procedures stipulated in Clauses 1 and 2 of Article 61 of Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government, and Clause 20 of Article 1 of Decree No. 39/2012/NĐ-CP dated April 27, 2012, issued by the Government amending and supplementing certain articles of Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government.

2. Documentation for requesting commendation for the Medal of Bravery and Certificate of Merit from the Prime Minister shall be established in three sets (original copies). Each set includes the following documents:

a) Report of the central ministries, sectors, provinces, and central mass organizations;

b) Summary report of achievements of the individual being recommended for commendation, prepared by the direct managing agency or unit of the person with achievements, or by the agency handling complaints or recovering assets, or written by the individual with achievements themselves, clearly stating the actions, achievements, and merits proposed for commendation;

3. Documentation for requesting commendation for the Certificate of Merit from central ministries, sectors, provinces, and central mass organizations, following simplified procedures, shall be established in one set (original copy), including the following documents:

a) Report of the head of the agency or unit under or directly subordinate to the central ministries, sectors, provinces, and central mass organizations;

b) Summary report of achievements prepared by the agency proposing commendation, or by the agency handling complaints or recovering assets, or written by the individual with achievements themselves, clearly stating the actions, achievements, and merits proposed for commendation.

4. The authority responsible for resolving corruption complaints, or agencies, organizations, or individuals directly recovering corrupt assets have the responsibility to consider and commend according to their authority or propose higher authorities to commend immediately after the individual meets the criteria for commendation as stipulated in Article 5 of this Joint Circular.

5. Individuals specified in Clause 1 of Article 2 of this Joint Circular have the right to proactively prepare achievement reports and submit them to competent state agencies or complaint resolution authorities to request commendation for themselves. If the individual with achievements has passed away, their family or the agency, organization, or legal representative of the individual with achievements have the right to request the competent authority to consider commendation for that individual. Agencies, organizations, or individuals receiving commendation requests have the responsibility to consider commendation according to their authority or propose higher authorities to commend. If the criteria for commendation are not met, the competent authority must notify in writing the individual or organization that requested commendation and specify the reasons for not commending.

6. Documentation for requesting the Government Inspectorate to disburse rewards as stipulated in Clause 2 of Article 6 of this Joint Circular shall be established by the central ministries, sectors, provinces, and central mass organizations that have already commended or proposed commendation, including:

a) Request for disbursement of rewards (original copy). In cases where the application of the reward level specified in Point d of Clause 2 of Article 6 of this Joint Circular is proposed, the specific amount of money or asset value recovered for the State due to the achievements of the commended individual must be confirmed in this document; attached copies of payment receipts to the state budget or other legal documents confirming the specific amount of money or asset value actually recovered for the state budget.

b) Decision on commendation (copy) and documentation for commendation review (copy).

Article 8. Implementation clause

1. This Joint Circular takes effect from May 1, 2015. Joint Circular No. 03/2011/TTLT-BNV-TTCP dated May 6, 2011, issued by the Ministry of Home Affairs and the Government Inspectorate ceases to be effective from the date this Joint Circular takes effect.

2. Within the scope of their duties and powers as prescribed by law, the Government Inspectorate and the Ministry of Home Affairs are responsible for guiding, urging, inspecting, and auditing the implementation of the provisions of this Joint Circular.

3. Ministers, heads of ministerial-level agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies and organizations, within the scope of their duties and powers, are responsible for organizing the implementation, urging, inspecting, and auditing the implementation of this Joint Circular.

4. Violations and forms of handling organizations and individuals violating the regulations on rewarding individuals with outstanding achievements in reporting acts of corruption shall be implemented according to the provisions of Article 80 and Article 81 of Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government. During the implementation process, if there are difficulties, it is suggested that agencies, organizations, and individuals reflect these issues to the Ministry of Home Affairs (Central Competition and Reward Board) or the Government Inspectorate (Anti-Corruption Bureau) for guidance.

During the implementation process, if there are difficulties, it is suggested that agencies, organizations, and individuals reflect these issues to the Ministry of Home Affairs (Central Competition and Reward Board) or the Government Inspectorate (Anti-Corruption Bureau) for guidance./.