Circular No. 03/2013/TT-TTCP on the reporting regime for inspection work, handling complaints and denunciations, and anti-corruption measures

CIRCULAR

Regulations on reporting inspection work, handling complaints and denunciations, and preventing and combating corruption

and preventing and combating corruption

__________________

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to the Law on Complaints dated November 11, 2011;

Pursuant to the Law on Prevention and Combating Corruption No. 55/2005/QH11 amended and supplemented by some Articles according to Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012, of the Government detailing certain provisions of the Law on Complaints;

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

At the proposal of the Director of the Department of Planning, Finance and General Affairs, the Director of the Legal Department, the Inspector General stipulates the regulations on reporting inspection work, handling complaints and denunciations, and preventing and combating corruption as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular specifies types of reports, contents of reports, forms of reports, and responsibilities for reporting inspection work, handling complaints and denunciations, and preventing and combating corruption.

Article 2. This Circular applies to Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Inspectors-in-Chief of ministries, agencies equivalent to ministries, Inspectors-in-Chief of provinces under the central government, Heads of agencies assigned to perform specialized inspection functions at General Departments, Bureaus under ministries, and Heads of other agencies, organizations, and units with functions, tasks, and powers in inspection work, handling complaints and denunciations, and preventing and combating corruption.

Article 3. Reporting Inspection Work, Handling Complaints and Denunciations, and Preventing and Combating Corruption

Reporting inspection work, handling complaints and denunciations, and preventing and combating corruption is a comprehensive document summarizing the situation and results of inspection work, handling complaints and denunciations, and preventing and combating corruption of ministries, central sectoral agencies, localities, and other agencies, organizations, and units with functions, tasks, and powers in inspection work, handling complaints and denunciations, and preventing and combating corruption as prescribed by law.

Article 3. Principles of Reporting

Clause 1. Reporting must be complete, accurate, objective, and timely.

Clause 2. Reporting must comply with the provisions of laws on inspection, complaints, denunciations, prevention, and combating corruption, and the guidelines set out in this Circular.

Clause 3. The person signing the report must ensure it is done within their authority, appropriate to each type of report, and consistent with the functions and tasks of the reporting agency.

Article 4. Responsibilities for Reporting to the Government Inspectorate

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Inspectors-in-Chief of ministries, agencies equivalent to ministries, Inspectors-in-Chief of provinces under the central government have the responsibility to report inspection work, handling complaints and denunciations, and preventing and combating corruption at ministries, sectors, and localities to the Government Inspectorate.

Chapter II

TYPES OF REPORTS, PERIODS FOR DATA COLLECTION, DEADLINES

SUBMITTING REPORTS AND MANAGING, COPYING REPORTS

Article 5. Types of Reports

Clause 1. Regular reports, including quarterly, semi-annual, nine-monthly, and annual reports on inspection work, handling complaints and denunciations, and anti-corruption efforts.

Clause 2. Special topic reports and ad hoc reports as required by the Politburo, Secretariat, National Assembly, National Assembly bodies, Government, Prime Minister, and Government Inspectorate.

Article 6. Contents of Reports on Inspection Work, Handling Complaints and Denunciations, and Preventing and Combating Corruption

Clause 1. The content of reports on inspection work shall be carried out according to Report Form No. 01 and statistical tables No. 1a, 1b, 1c, 1d, 1đ, 1e, 1f, 1g, 1h issued together with this Circular.

Clause 2. The content of reports on handling complaints and denunciations shall be carried out according to Report Form No. 02 and statistical tables No. 2a, 2b, 2c, 2d, 2đ issued together with this Circular.

Clause 3. The content of reports on preventing and combating corruption shall be carried out according to Report Form No. 03 and statistical tables No. 3a, 3b issued together with this Circular.

Article 7. Special Report

A special report is a report evaluating the summary results of activities related to a specific topic, field of inspection, complaint resolution, accusation handling, and anti-corruption during a certain period as required by the Central Committee of the Communist Party of Vietnam, National Assembly, Government, and State Audit Office.

The State Audit Office shall provide guidelines for the outline of special reports when requested.

Article 8. Emergency Reporting

1. When requested by the Politburo, Secretariat, National Assembly, its agencies, Government, Prime Minister, and Chief Inspector General, the Ministers, Heads of ministerial-level agencies, agencies under the Government, Chairpersons of provincial People's Committees directly under the central government must prepare reports on their inspection work, complaint resolution, accusation handling, and anti-corruption within their scope of state management.

2. In cases where new incidents occur, unusual events, serious and complex situations directly related to their functions, tasks, and authorities, inspection agencies have the responsibility to promptly report to higher-level inspection agencies and heads of state management agencies at the same level for guidance and coordination in handling.

Article 9. Period for Data Collection and Deadline for Submission of Reports

1. The period for data collection and deadline for submission of reports for regular inspection work, complaint resolution, accusation handling, and anti-corruption reports are implemented as follows:

a) Quarterly reports:

The first quarter report covers the period from December 16 of the previous year to March 15 of the reporting year; submit the report to the State Audit Office before March 20 of the reporting year.

The second, third, and fourth quarter reports cover the period from December 16 of the previous quarter to the last day of the current quarter of the reporting year; submit the report to the State Audit Office before the last day of the current quarter of the reporting year.

b) Six-month report covers the period from December 16 of the previous year to June 15 of the reporting year; submit the report to the State Audit Office before June 20 of the reporting year.

c) Nine-month report covers the period from December 16 of the previous year to September 15 of the reporting year; submit the report to the State Audit Office before September 20 of the reporting year.

d) Annual report covers the period from December 16 of the previous year to December 15 of the reporting year; submit the report to the State Audit Office before December 20 of the reporting year.

2. For ad hoc reports, the period for data collection and deadline for submission of reports are carried out according to the requirements of the State Audit Office.

Article 10. Form of Report and Method of Submission

1. Inspection work reports, complaint resolution, accusation handling, and anti-corruption reports must be in writing, signed by the Head of the agency, organization, unit, stamped according to regulations, and accompanied by an electronic file.

If the Head of the state management agency authorizes the Head of the inspection agency to sign the report, they must sign with authorization from the Head of the state management agency at the same level, stamped by the state management agency at the same level.

2. Inspection work reports, complaint resolution, accusation handling, and anti-corruption reports are submitted to the recipient through one of the following methods:

a) Sent via postal service;

b) Sent directly;

In necessary cases, to obtain timely data, immediately send via email or fax after issuance as required by competent agencies. Email submission must use the email box provided by the State Audit Office ([email protected]), followed by sending the original copy to the State Audit Office for tracking and management.

Article 11. Management and Copying of Reports

1. The management and use of inspection work reports, complaint resolution reports, accusation handling reports, and anti-corruption prevention reports shall be carried out in accordance with the laws on the protection of state archival materials.

2. The Office of the Government Inspector General shall receive and process reports sent to the Government Inspector General according to the regulations on the management system for official correspondence and documents. Copying shall be carried out upon request from authorized agencies or individuals.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Implementation Organization

The Minister, Head of a Ministry-level agency, Head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city, and Heads of other agencies, organizations, and units with functions, tasks, and powers in inspection work, complaint resolution, accusation handling, and anti-corruption prevention shall base their detailed regulations on the reporting system for inspection work, complaint resolution, accusation handling, and anti-corruption prevention within their jurisdiction on the provisions of this Circular.

Article 13. Awards and Handling of Violations

1. Organizations and individuals who have achievements in implementing the reporting system for inspection work, complaint resolution, accusation handling, and anti-corruption prevention shall be awarded in accordance with current regulations.

2. Organizations and individuals who violate the reporting system for inspection work, complaint resolution, accusation handling, and anti-corruption prevention shall be disciplined according to the severity and nature of the violation as stipulated by law.

3. Compliance with the reporting system for inspection work, complaint resolution, accusation handling, and anti-corruption prevention shall be included in the annual competition and award criteria of agencies, organizations, and units.

Article 14. Effective Date

This Circular takes effect from August 9, 2013.

Decision No. 822/QĐ-TTCP dated April 25, 2007 of the General Inspector specifying the reporting system for inspection work shall cease to be effective from the date this Circular takes effect.

During implementation, if there are any difficulties or new issues arise, agencies, organizations, and individuals should promptly report them to the Government Inspector General for guidance or amendments./.