Circular No. 02/2014/TT-TTCP detailing and guiding the implementation of certain provisions of Decree No. 90/2013/NĐ-CP dated August 8, 2013 of the Government on the responsibility for reporting of state agencies in performing assigned tasks and powers.

CIRCULAR

Article 24Providing detailed regulations and guidance on implementing certain provisions of

N |||Decree No. 90/2013/NĐ-CPdated August 8, 2013 of Cadministrative penalties for violations in scientific and technological activities,

the Government on the responsibility to report of state agencies in performing

assigned tasks and powers°

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Pursuant to the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:in accordance with Anti-Corruption Law No. 55/2005/QH11 which has been amended and supplemented by Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

BASED ON CIRCULAR NO. 08/2013/TT-TTCP OF OCTOBER 31, 2013 OF THE GOVERNMENT AUDITOR GENERAL GUIDING THE IMPLEMENTATION OF PROVISIONS ON FINANCIAL DISCLOSURE;

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;

Considering the proposal of the Director of the Legal Department and the Director of the Institute of Inspection Science;

The Government Inspector General issues this Circular providing detailed regulations and guidance on implementing certain provisions of Decree No. 90/2013/NĐ-CP dated August 8, 2013 of the Government on the responsibility to report of state agencies in performing assigned tasks and powers.

Article 1. Scope of Regulation

This Circular provides detailed regulations and guidance on matters that have been accepted for handling by competent authorities outside the scope of the responsibility to report; the acceptance of requests for reporting when multiple individuals request reporting on the same matter; the collection, verification, and acceptance and processing of information and documents related to reporting; the public disclosure of reporting documents; the establishment and management of reporting files and inspection and supervision of the implementation of the responsibility to report.

Article 2. Matters that have been accepted for handling by competent authorities outside the scope of the responsibility to report

Matters that have been accepted for handling by competent authorities outside the scope of the responsibility to report as stipulated in Point d Clause 1 Article 5 of Decree No. 90/2013/NĐ-CP dated August 8, 2013 of the Government on the responsibility to report of state agencies in performing assigned tasks and powers (hereinafter referred to as Decree No. 90/2013/NĐ-CP) include the following cases:

1. Have been accepted for handling according to the procedures and formalities for handling complaints;

2. Have been accepted for handling according to the procedures and formalities for handling accusations;

3. Have been accepted for handling by courts within their jurisdiction;

4. Have been accepted and processed according to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the acceptance and processing of reflections and suggestions from individuals and organizations regarding administrative regulations.

Article 3. Acceptance of requests for reporting when multiple individuals request reporting on the same matter

1. Multiple individuals requesting reporting on the same matter means there are five or more individuals requesting reporting on the same matter.

2. In cases where multiple individuals come directly to request reporting, the competent authority shall guide the individuals requesting reporting to elect representatives to present the content of their requests. The representative must be one of the individuals requesting reporting. The election of representatives shall be documented in writing according to Model No. 01-GT issued along with this Circular.

3. The election of representatives shall be carried out as follows:

a) In cases where there are five to ten individuals requesting reporting, one or two representatives shall be elected;

b) In cases where there are ten or more individuals requesting reporting, additional representatives may be elected, but not exceeding five individuals.

Article 4. Notification of acceptance for reporting or refusal to report

Within five working days from the date of receipt of a request for reporting within the authority's jurisdiction and not falling under any of the cases stipulated in Article 5 of Decree No. 90/2013/NĐ-CP, Article 2 of this Circular, and ensuring the conditions stipulated in Article 6 of Decree No. 90/2013/NĐ-CP, the person responsible for reporting must accept the request for reporting. The acceptance of the request for reporting must be notified in writing to the individual requesting reporting according to Model No. 02-GT issued along with this Circular.

In cases where the conditions for accepting the request for reporting are not met, the person responsible for reporting must notify in writing the individual requesting reporting and specify the reasons. The notification document shall be prepared according to Model No. 03-GT issued along with this Circular.

Article 5. Receiving and Processing Information and Documents

1. The person providing explanations shall only receive information and documents related to the content of the request for explanation. The receipt shall be recorded in writing according to Model No. 04-GT issued together with this Circular.

2. All information and documents must clearly indicate their source and be compared with the original; if there is no original, it must be noted in the receipt document. Information and documents provided by agencies, organizations, or units must be confirmed by those agencies, organizations, or units. Information and documents provided by individuals must be signed or thumb-printed by the provider for confirmation. In cases where the document is missing pages, has illegible text, is old and torn, or is faded and unreadable, the person providing explanations must clearly note the condition of the document in the receipt document.

3. Information and documents collected during the process of providing explanations shall only be used for that purpose.

Article 6. Collecting and Verifying Information and Documents

1. The person providing explanations may collect and verify information and documents themselves or delegate such tasks to agencies, units, or individuals under their management. The delegation of these tasks shall be recorded in writing according to Model No. 05-GT issued together with this Circular.

2. Upon completion of collecting and verifying information and documents, the agency, unit, or individual tasked with these duties must report the results in writing to the person providing explanations according to Model No. 06-GT issued together with this Circular.

3. The person providing explanations decides on the time frame for collecting and verifying information and documents related to the request for explanation. The time for collection and verification is included within the deadline for providing the explanation.

Article 7. Implementing the Explanation

1. Based on legal regulations and relevant documents, the person providing explanations shall issue an explanation document within the time limit stipulated in Article 14 of Decree No. 90/2013/NĐ-CP. The explanation document shall be prepared according to Model No. 07-GT issued together with this Circular.

2. For direct requests for explanations with simple content, the person providing explanations may provide the explanation directly and record the implementation of the explanation according to Model No. 08-GT issued together with this Circular.

3. The person providing explanations is responsible for sending the explanation document to the person requesting the explanation.

Article 8. Publicizing the Explanation Document

1. The person providing explanations is responsible for publicizing the explanation document through one of the following methods:

a) Posting at the office premises or place of receiving citizens of the agency or unit providing the explanation;

b) Announcing on mass media;

c) Publishing on the electronic portal of the agency or unit providing the explanation.

2. If posting continuously at the office premises or place of receiving citizens of the agency or unit providing the explanation, the posting period of the explanation document must be at least 15 working days from the date of posting.

3. If announcing on mass media, the person providing explanations selects one of the following media, including: radio, television, print media, online media. The announcement on radio must be at least twice; on television, at least twice broadcast; on print media, at least once published; on online media, at least 10 days. Announcement on the electronic portal of the agency or unit providing the explanation must be at least five working days from the date of publication.

Article 9. Establishment and Management of Explanation Files

1. The person responsible for providing explanations must maintain a record to monitor and manage the implementation of explanation requests in accordance with the law.

2. In cases where conditions are met to provide explanations, the person providing explanations shall themselves or instruct the opening and establishment of explanation files according to the following procedures:

a) Opening the explanation file: the date of opening the file is the day the request for explanation is received.

b) Collecting, categorizing documents and preparing an index for management, including information and documents related to the content of the explanation request, verification results, and explanation documents.

c) Closing the explanation file: the date of closing the file is the day the authorized person completes sending the explanation document and publicly disclosing the explanation document.

3. Within ten working days from the date of closing the file, the person providing explanations shall organize the file, prepare an index, and transfer the file to the storage department of the agency responsible for providing explanations in accordance with the law.

4. Explanation files shall be organized to ensure convenient and quick access and use in the following order:

a) Request for explanation document or record of the request for explanation;

b) Document appointing representative (if any);

c) Information and documents related to the content of the explanation;

d) Report on collecting and verifying information and documents;

đ) Explanation document;

e) Other related documents.

Article 10. Inspection and Supervision of the Implementation of Explanation Responsibilities

1. Administrative state agencies have the responsibility to regularly inspect the implementation of explanation responsibilities by agencies, organizations, and units under their jurisdiction. The inspection activities of the implementation of explanation responsibilities are carried out in accordance with the provisions from Article 41 to Article 43 of Decree No. 59/2013/NĐ-CP dated June 17, 2013 of the Government detailing certain provisions of the Law on Prevention and Combating Corruption and other relevant laws.

2. The inspection activities of the implementation of explanation responsibilities by administrative state agencies, public service units, and persons with authority in administrative state agencies are carried out in accordance with the provisions from Article 45 to Article 51 of Decree No. 59/2013/NĐ-CP dated June 17, 2013 of the Government detailing certain provisions of the Law on Prevention and Combating Corruption, inspection regulations, and other relevant laws.

3. The content of inspections and supervision of the implementation of explanation responsibilities by agencies, units, and persons with authority in administrative agencies includes:

a) The regulation on the implementation of explanation responsibilities in internal rules and work regulations of the agency based on the functions, tasks, and powers assigned to the agency and unit;

b) The implementation of legal provisions regarding the rights and obligations of the person requesting explanations and the person providing explanations;

c) The implementation of legal provisions regarding the procedures, formalities, and deadlines for providing explanations;

d) The handling of violations in the implementation of explanation responsibilities for civil servants, officials, or persons with authority within the scope of management;

đ) The implementation of legal provisions regarding transparency in the implementation of explanation responsibilities.

Article 11. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 12. Implementation Organization

Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels are responsible for implementing this Circular.

During the implementation process, if there are difficulties, obstacles, or new issues arise, agencies, organizations, units, and individuals shall promptly report to the Government Inspectorate for guidance or amendments and supplements./.