Circular No. 08/2007/TT-BNV guiding the implementation of Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling responsibility of heads of agencies, organizations, units when corruption occurs within the agencies, organizations, units under their management and supervision for state-owned enterprises, state-affiliated organizations, and social organizations using state budget and assets.

CIRCULAR

Guidelines for implementing Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling responsibility of heads of agencies, organizations, units when corruption occurs within their managed and responsible units (hereinafter referred to as Decree No. 107/2006/NĐ-CP) concerning state-owned enterprises and social organizations, social-professional organizations using state budget and assets.

Implementing the task assigned by the Government under Clause 1 of Article 19 of Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling responsibility of heads of agencies, organizations, units when corruption occurs within their managed and responsible units, Pursuant to Article 19 of Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling responsibility of heads of agencies, organizations, units when corruption occurs within their managed and responsible units (hereinafter referred to as Decree No. 107/2006/NĐ-CP), the Ministry of Home Affairs issues guidelines for implementing Decree No. 107/2006/NĐ-CP concerning state-owned enterprises and social organizations, social-professional organizations using state budget and assets as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

2. Applicability:

This Circular guides the implementation of handling responsibility of heads of state-owned public institutions, state-owned enterprises, social organizations, social-professional organizations using state budget and assets when corruption occurs within their managed and responsible units.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Heads of state-owned public institutions;

b) Heads of state-owned enterprises, including: Chairmen of the Board of Directors, Chairmen of Companies, General Directors, Directors of state-owned enterprises, representatives managing state capital at companies;

c) Heads of social organizations, social-professional organizations using state budget and assets;

d) Heads of branches, subordinate units of state-owned enterprises.

e) Deputy heads of state-owned public institutions, state-owned enterprises, social organizations, social-professional organizations using state budget and assets must also be held accountable when corruption occurs within their direct responsibility areas and work fields.

Heads and deputy heads mentioned above are collectively referred to as heads.

3. State-owned enterprises as defined in Decree No. 107/2006/NĐ-CP are companies operating under the Law on State-Owned Enterprises 2003, including: State-owned companies (State-owned Corporations and Independent State-owned Companies) and Independent Accounting Units of State-owned Corporations decided by the State to invest and establish; State-owned Corporations under the holding company model; State Capital Investment and Business Corporations and enterprises operating under the Law on Enterprises 2005 where the State owns more than 50% of the charter capital.

II. DISCIPLINARY ACTIONS

1. Principles of disciplinary actions:

a) Disciplinary actions against heads of state-owned public institutions, state-owned enterprises, social organizations, social-professional organizations using state budget and assets when corruption occurs within their managed and responsible units shall be carried out according to the principles stipulated in Article 6 of Decree No. 107/2006/NĐ-CP.

b) Considering disciplinary actions against heads of state-owned public institutions, state-owned enterprises, social organizations, social-professional organizations using state budget and assets when corruption occurs within their managed and responsible units should be based on the provisions of laws regarding autonomy and self-responsibility during the process of performing tasks, organizational structure, staffing, and finance of the unit.

2. Forms of disciplinary actions:

a) When heads of state-owned public institutions, state-owned enterprises cause corruption incidents within their units, they will be subject to disciplinary action in one of the following forms depending on the nature and severity of the incident:

- Reprimand;

- Warning;

- Dismissal from position.

b) When heads of social organizations, social-professional organizations using state budget and assets cause corruption incidents within their organizations, they will be subject to disciplinary action according to the regulations of their organization's charter. In cases where the charters of social organizations, social-professional organizations do not specify disciplinary forms, the disciplinary forms specified in point a, clause 2, section II of this Circular shall apply.

3. Application of disciplinary actions:

The application of disciplinary actions against heads of state-owned public institutions, state-owned enterprises, and social organizations, social-professional organizations shall be implemented as prescribed in Articles 8, 9, and 10 of Decree No. 107/2006/NĐ-CP.

4. Exclusion of responsibility, mitigation, reduction, or aggravation of disciplinary measures shall be implemented as prescribed in Article 11 of Decree No. 107/2006/NĐ-CP.

5. Other relevant provisions related to disciplinary actions:

a) Relevant provisions related to disciplinary actions against heads of state-owned public institutions, state-owned enterprises, and social organizations, social-professional organizations using state budget and assets, such as authority, procedures, and formalities for disciplinary actions, shall be implemented as prescribed in Decree No. 107/2006/NĐ-CP.

b) Regarding the statute of limitations for disciplinary actions; responsibilities of superior agencies in failing to impose disciplinary actions within the prescribed time limit; temporary suspension of duties; termination of the effectiveness of disciplinary decisions; management of disciplinary files; appeals and resolution of appeals against disciplinary decisions, and other relevant provisions concerning disciplined civil servants shall be implemented as prescribed in Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on disciplinary actions against officials and civil servants and Circular No. 03/2006/TT-BNV dated February 8, 2006 of the Ministry of Home Affairs guiding the implementation of certain articles of Decree No. 35/2005/NĐ-CP.

III. IMPLEMENTATION

1. This Circular shall take effect 15 days after its publication in the Official Gazette.

2. During the implementation of this Circular, if there are any difficulties, please report to the Ministry of Home Affairs for consideration and resolution.