Joint Circular No. 03/2011/TTLT-BNV-TTCP stipulates rewards for individuals with outstanding achievements in reporting and detecting acts of corruption.

JOINT CIRCULAR

Regulations on rewarding individuals with outstanding achievements in reporting and detecting acts of corruption

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Based on the Law on Encouragement and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement and Reward dated June 14, 2005;

Based on the Law on Prevention and Combating Corruption dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Combating Corruption dated August 4, 2007;

Based on the Law on Complaints and Accusations dated December 2, 1998 and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations dated November 29, 2005;

Based on Decree No. 120/2006/NĐ-CP dated October 20, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Prevention and Combating Corruption;

Based on Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement and Reward;

Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

The Ministry of Home Affairs and the Government Inspectorate shall stipulate rewards for individuals with outstanding achievements in reporting and detecting acts of corruption as follows:

Article 1. Scope of Regulation

This Circular stipulates rewards for individuals with outstanding achievements in reporting and detecting acts of corruption according to the Law on Encouragement and Reward and the Law on Prevention and Combating Corruption, including: subjects, principles, forms, criteria, authorities, procedures, the Reward Fund, and award levels.

Article 2. Applicability

This Circular applies to:

1. Vietnamese citizens, overseas Vietnamese, and foreign individuals with outstanding achievements in reporting and detecting acts of corruption;

2. Authorities having the power to grant rewards.

Điều 3. Nguyên tắc khen thưởng

Rewards shall be implemented in accordance with Clause 2, Article 6 of the Law on Encouragement and Reward, Article 67 of the Law on Prevention and Combating Corruption, and related guiding documents; taking into account the specific nature of anti-corruption work.

Article 4. Forms of Awards

Forms of reward under this Circular include:

1. Order of Bravery;

2. Certificate of Merit from the Prime Minister;

3. Certificate of Merit from Ministries, agencies at the level of ministries, government agencies, the Office of the National Assembly, the Office of the President, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, the Central Committee of the Vietnam Fatherland Front, and central-level mass organizations, provincial people's committees, and the Office of the Central Steering Committee for Preventing and Combating Corruption (referred to as certificates of merit from ministries, sectors, provinces, and central-level mass organizations);

4. Commendation letters from heads of units under ministries, agencies at the level of ministries, government agencies, central-level departments, and mass organizations; heads of specialized agencies under provincial people's committees and equivalent bodies, chairpersons of district-level people's committees, commune-level people's committees, and chairpersons of boards of directors, chairpersons of boards of members, general managers, directors of enterprises of all economic sectors, agricultural cooperatives, small-scale industries, services, and other agencies and units with authority.

Article 5. Reward Criteria

1. Medal of Bravery to be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Not fearing the sacrifice of their lives, material and spiritual interests, and those of their relatives, courageously reporting and actively cooperating with agencies, organizations, and individuals with authority in detecting, preventing, and handling acts of corruption (as stipulated in Clauses 4, 5, 7, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Combating Corruption), causing particularly serious consequences affecting politics, economy, culture, national defense, security, public order, and social safety nationwide; achievements have a motivating, educational, exemplary effect within the province, city, region, or higher;

b) Not fearing the sacrifice of their lives, material and spiritual interests, and those of their relatives, courageously reporting and actively cooperating with agencies, organizations, and individuals with authority in detecting, preventing, and handling acts of corruption (as stipulated in Clauses 1, 2, 3, 6, and 8 of Article 3 of the Law on Prevention and Combating Corruption), where the value of recovered assets according to decisions of competent state agencies is 500,000,000 VND or more (in cases of embezzlement of property; abuse of position and power to appropriate property) or 300,000,000 VND or more (in cases of bribery; offering bribes; brokering bribes);

c) Sacrificing their lives or being injured or suffering health damage with a disability rate of 61% or more due to reporting and preventing acts of corruption.

2. Certificates of Merit from the Prime Minister shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Courageously reporting and actively cooperating with agencies, organizations, and individuals with authority in detecting, preventing, and handling acts of corruption (as stipulated in Clauses 4, 5, 7, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Combating Corruption), causing very serious consequences affecting politics, economy, culture, national defense, security, public order, and social safety within a region or involving multiple ministries, sectors, provinces, and central-level mass organizations;

b) Courageously reporting and actively cooperating with agencies, organizations, and individuals with authority in detecting, preventing, and handling acts of corruption (as stipulated in Clauses 1, 2, 3, 6, and 8 of Article 3 of the Law on Prevention and Combating Corruption), where the value of recovered assets according to decisions of competent state agencies is between 200,000,000 VND and less than 500,000,000 VND (in cases of embezzlement of property; abuse of position and power to appropriate property) or between 50,000,000 VND and less than 300,000,000 VND (in cases of bribery; offering bribes; brokering bribes);

c) Suffering injuries or health damage with a disability rate between 31% and less than 61% due to reporting and preventing acts of corruption.

3. Certificates of Merit from ministries, sectors, provinces, and central-level mass organizations shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Reporting and actively cooperating with agencies, organizations, and individuals with authority in detecting, preventing, and handling acts of corruption (as stipulated in Clauses 4, 5, 7, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Combating Corruption), causing serious consequences affecting politics, economy, culture, national defense, security, public order, and social safety within a ministry, sector, province, or central-level mass organization.

b) Has reported and actively cooperated with authorities, organizations, or individuals with jurisdiction in detecting, preventing, and handling acts of corruption as stipulated in Clauses 1, 2, 3, 6, and 8 of Article 3 of the Law on Prevention and Control of Corruption, resulting in assets recovered according to the decision of competent state agencies from VND 20,000,000 to less than VND 200,000,000 (in cases of embezzlement of property; abuse of position or power to appropriate property) or from VND 10,000,000 to less than VND 50,000,000 (in cases of bribery receipt; bribery offer; bribery mediation).

c) Suffered bodily injury or health damage with a disability rate from 11% to less than 31% due to reporting and preventing acts of corruption.

4. Certificate of Merit to be awarded or posthumously awarded to individuals who meet any of the following criteria:

a) Have outstanding achievements in reporting, detecting, and preventing acts of corruption recognized by grassroots-level agencies or units and above;

b) Have reported to authorities, organizations, or individuals with jurisdiction in detecting, preventing, and handling acts of corruption as stipulated in Clauses 4, 5, 7, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Control of Corruption, causing consequences affecting politics, economy, culture, national defense, security, public order, and social safety at the grassroots level or higher;

c) Have reported to authorities, organizations, or individuals with jurisdiction in detecting, preventing, and handling acts of corruption as stipulated in Clauses 1, 2, 3, 6, and 8 of Article 3 of the Law on Prevention and Control of Corruption, resulting in assets recovered according to the decision of competent state agencies from VND 2,000,000 to less than VND 20,000,000 (in cases of embezzlement of property; abuse of position or power to appropriate property) or from VND 2,000,000 to less than VND 10,000,000 (in cases of bribery receipt; bribery offer; bribery mediation).

Article 6. Authority to Decide and Award Awards

1. The authority to decide and award awards under Article 4 of this Circular shall be implemented in accordance with the provisions of Articles 77, 78, 79, 80, and 81 of the Law on Encouragement of Competence and Commendation.

2. The Director of the Office of the Central Steering Committee for Prevention and Control of Corruption has the authority to decide commendations for individuals with outstanding achievements in reporting and detecting acts of corruption within their management scope and sectors, fields, and regions that have not yet been commended by central ministries, sectors, provinces, or central mass organizations.

Article 7. Documentation and Procedures for Commendation

1. The application procedures for recommending awards for the Order of Bravery and the Prime Minister's Certificate of Merit shall be carried out in accordance with Article 61 of Decree No. 42/2010/ND-CP dated April 15, 2010, of the Government detailing and guiding the implementation of certain provisions of the Law on Encouragement of Competence and Commendation.

2. The application procedures for recommending awards for certificates of merit from central ministries, sectors, provinces, or central mass organizations include one set (original) containing:

a) A report from the head of the agency or unit subordinate to the central ministry, sector, province, or central mass organization;

b) A summary report of achievements recorded by the individual or agency submitting the commendation request, clearly stating the actions, achievements, and merits proposed for commendation through simplified procedures.

3. The application procedures for recommending awards for certificates of merit include one set (original) containing:

a) A report from the person or agency or unit assigned to prepare the commendation dossier;

b) A summary report of achievements recorded by the individual or agency submitting the commendation request, clearly stating the actions, achievements, and merits proposed for commendation through simplified procedures.

Article 8. Reward Fund and Award Levels

1. The reward fund for anti-corruption activities shall be implemented in accordance with Article 53 of Decree No. 120/2006/NĐ-CP dated October 20, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Anti-Corruption, and Articles 67, 68, and 69 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

2. The award levels for individuals receiving rewards shall be stipulated in Article 72 and 75 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards, in addition to being encouraged and motivated with material benefits in the form of monetary awards from the reward fund for anti-corruption activities at the following levels:

a) Those awarded the Order of Bravery shall be rewarded with thirty times the minimum wage.

b) Those awarded a Certificate of Merit by the Prime Minister shall be rewarded with twenty times the minimum wage.

c) Those awarded a Certificate of Merit by central ministries, sectors, provinces, or central mass organizations shall be rewarded with ten times the minimum wage.

d) Those awarded a Commendation Letter shall be rewarded with three times the minimum wage.

Article 9. Handling Violations

Violations and forms of handling for individuals receiving rewards and agencies or individuals with authority to decide on rewards or to submit recommendations to authorities with such decision-making power shall be carried out in accordance with Article 80 and 81 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

Article 10. Implementation Organization

1. This Circular shall take effect 45 days from the date of signature.

2. The Ministry of Home Affairs (Central Steering Committee for Competition and Rewards) shall be responsible for inspecting and guiding the implementation of this Circular.

3. Within their respective functions and powers, the Government Inspectorate shall be responsible for directing and guiding inspection work on the implementation of the provisions of this Circular.

4. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under the Central Government, and related agencies and organizations within their respective functions and powers shall be responsible for organizing and directing the implementation of this Circular.

In the course of implementation, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Home Affairs (Central Steering Committee for Competition and Rewards) for coordination with the Government Inspectorate to study, amend, and supplement accordingly./.