Resolution No. 1039/2006/NQ-UBTVQH11 On the organization, tasks, and powers of the Central Steering Committee for Preventing and Combating Corruption

RESOLUTION

REGARDING THE ORGANIZATION, DUTIES, AND POWERS OF

THE NATIONAL COMMITTEE FOR PREVENTION AND COMBATING CORRUPTION

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY;

BASED ON THE LAW ON PREVENTION AND COMBATING CORRUPTION;

AT THE PROPOSAL OF THE PRIME MINISTER.

RESOLVES

PART I
GENERAL PROVISIONS

Article 1

1. The National Committee for Prevention and Combating Corruption (hereinafter referred to as the Committee), headed by the Prime Minister, shall be responsible for directing, coordinating, inspecting, and urging anti-corruption activities throughout the country.

2. The Committee shall be accountable to the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, the National Assembly, the Standing Committee of the National Assembly, the President, and the Government for the performance of its duties and powers in anti-corruption work in accordance with the Constitution and laws.

Article 2

1. During the process of directing, coordinating, inspecting, and urging anti-corruption activities, the Committee shall respect and not obstruct the normal operations of agencies, organizations, units, and persons authorized by the Constitution and laws in performing their functions, tasks, and powers.

2. The Committee shall operate based on the principle of democratic centralism; the Chairman of the Committee shall conclude and bear responsibility for his decisions.

Article 3

Within the scope of functions, tasks, and powers prescribed by law, agencies, organizations, units, and authorized persons shall promptly and fully implement the Committee's directives, requests, and recommendations in anti-corruption work.

Chapter II
TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

Article 4: The Committee shall have the following tasks:

1. Direct and urge agencies, organizations, units, and authorized persons to inspect the implementation of provisions of the Law on Prevention and Combating Corruption regarding transparency and public disclosure; the establishment and implementation of systems, standards, and norms; adherence to conduct rules and professional ethics; job rotation of civil servants and public officials; the responsibility of heads of agencies, organizations, and units when corruption occurs.

2. Direct and urge inspection, audit, investigation activities; urge and direct the examination of prosecution and trial activities concerning serious and complex corruption cases that attract significant public attention to promptly detect and strictly handle acts of corruption as prescribed by law; direct relevant agencies to clarify the causes and conditions leading to corruption through their activities; the responsibility of heads of agencies, organizations, and units for corruption; weaknesses and inconsistencies in policies and laws to propose measures to improve and amend them appropriately.

3. Coordinate the activities of inspection, audit, investigation, prosecution, and court agencies to enhance the effectiveness of anti-corruption efforts and ensure compliance with legal regulations.

4. Direct and urge agencies, organizations, and authorized persons to handle complaints and reports about acts of corruption and information about corruption cases discovered and reported by mass media.

5. Direct and inspect the management, provision, and dissemination of information on prevention and combating corruption and specific corruption cases to ensure timely, accurate, truthful, and objective reporting in accordance with the law; direct agencies, organizations, and authorized persons to strictly handle violations in managing and providing information, breaches of the Press Law, false reporting by the press, and the misuse of information on prevention and combating corruption to defame others, disrupt internal unity, and erode public trust in the Party and State.

6. Advise and propose to agencies, organizations, units, and authorized persons to innovate and perfect mechanisms, policies, and laws on prevention and combating corruption; develop programs and plans for anti-corruption work in areas prone to corruption; inspect and urge the implementation of these programs and plans and organize mid-term and final evaluations of anti-corruption work.

7. Regularly or upon request report to the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, the National Assembly, the Standing Committee of the National Assembly, the President, and the Government on the situation and results of anti-corruption efforts; publicly report annually on anti-corruption work, the activities of the Committee, and the handling of serious and complex corruption cases of particular public concern.

Article 5: The Committee shall have the following powers:

1. Require agencies, organizations, units, and authorized persons to report on the situation of corruption and the results of anti-corruption work at their respective agencies, organizations, and units; if necessary, require reports on the handling of specific corruption cases, complaints, and reports, and the processing of information on acts of corruption.

2. Require agencies, organizations, units, and authorized persons to implement preventive measures against corruption; recommend and request agencies, organizations, units, and authorized persons to consider the responsibility and handle those responsible heads of agencies, organizations, and units who fail to implement preventive measures resulting in serious consequences.

3. Require agencies, organizations, units, and authorized persons to conduct inspections, audits, investigations to clarify cases with signs of malpractice and corruption; when necessary, direct the organization of re-investigations; lead discussions and conclude directives on coordinated handling of serious and complex corruption cases of particular public concern; if necessary, directly direct the policy on handling such cases or request agencies, organizations, units, and authorized persons to resolve them again to ensure timely, strict, and lawful handling.

4. The Prime Minister - Chairman of the Steering Committee decides to temporarily suspend from duty officials holding the position of Deputy Minister and equivalent positions, Chairperson, Vice-Chairperson, Standing Member of the People's Council, Chairperson, Vice-Chairperson, and other members of the People's Committee at provincial level and centrally-run cities, and other positions appointed by the Prime Minister, when such individuals exhibit signs of corruption or actions that hinder anti-corruption activities of agencies and organizations; the Prime Minister - Chairman of the Steering Committee may dismiss them from their positions under such circumstances.

In cases where it is necessary to request agencies, organizations, units, and authorized individuals to issue decisions to temporarily suspend from duty Party members, cadres, and civil servants who exhibit signs of corruption or actions that hinder anti-corruption activities of agencies and organizations, agencies, organizations, units, and authorized individuals must implement the Prime Minister - Chairman of the Steering Committee's requirements within the latest seven days from the date of receipt of the request;

5. Propose agencies, organizations, and authorized individuals to issue decisions to temporarily suspend from duty leaders of central agencies and organizations not covered by Clause 4 of this Article when such individuals exhibit signs of corruption or actions that hinder anti-corruption activities of agencies and organizations;

6. Propose and request agencies, organizations, units, and authorized individuals to impose disciplinary measures on Party members, cadres, and civil servants who commit acts of corruption but do not reach the level requiring criminal prosecution as stipulated in Clause 4 and Clause 5 of this Article; when deemed necessary, request agencies, organizations, units, and authorized individuals to impose disciplinary measures on other Party members, cadres, and civil servants.

In cases where agencies, organizations, units, and authorized individuals fail to impose disciplinary measures or impose them inadequately, the Steering Committee has the right to request and propose higher-level agencies, organizations, units, and authorized individuals to review and impose disciplinary measures on agencies, organizations, and individuals who violate regulations or reconsider disciplinary decisions, ensuring the strictness of Party discipline and state laws;

7. Summon cadres and civil servants of relevant agencies to perform tasks of the Steering Committee when necessary; require agencies, organizations, units, and authorized individuals to take measures to ensure safety for whistleblowers reporting acts of corruption, participate in and carry out anti-corruption tasks; propose state agencies with authority to reward those agencies, organizations, units, and individuals with outstanding achievements in anti-corruption work; propose and request agencies, organizations, units, and authorized individuals to consider restoring rights and legitimate interests of individuals participating in and carrying out anti-corruption tasks when their rights and legitimate interests are harmed due to actions of agencies, organizations, units, and authorized individuals;

Propose and request agencies, organizations, units, and authorized individuals to handle strictly and in accordance with the law individuals who abuse anti-corruption efforts to make false accusations, harm others, cause internal disunity, and undermine public trust in the Party and State.

Article 6: The Steering Committee includes:

1. Chairman of the Steering Committee: The Prime Minister;

2. Deputy Chairman of the Steering Committee: Deputy Prime Minister;

3. Members of the Steering Committee:

a) Standing Member;

b) Chief Inspector General;

c) Minister of Public Security;

d) Procurator General of the Supreme People's Procuracy;

đ) President of the Supreme People's Court;

e) Minister of Culture, Sports and Tourism;

g) Deputy Director of the Central Inspection Commission;

h) Deputy Head of the Central Internal Affairs Commission;

i) Deputy Minister of National Defense.

Article 7: The Head of the Steering Committee shall have the following tasks and powers:

1. Lead and manage the activities of the Steering Committee; assign tasks to each member of the Steering Committee;

2. Direct the development of plans and programs for preventing and combating corruption nationwide;

3. Decide on work plans and programs and other issues within the scope of the Steering Committee's tasks and powers;

4. Chair and conclude meetings of the Steering Committee;

5. Be responsible before the Central Committee of the Party, Politburo, Secretariat, National Assembly, Standing Committee of the National Assembly, State President, Government regarding the activities of the Steering Committee.

Article 8: The Deputy Head of the Steering Committee shall have the following tasks and powers:

1. Assist the Head of the Steering Committee in directly directing and coordinating activities, assigning tasks to members of the Steering Committee; direct, coordinate, and implement the prevention and combat corruption work program and plan of the Steering Committee;

2. On behalf of the Head of the Steering Committee, convene regular and extraordinary meetings of the Steering Committee;

3. On behalf of the Head of the Steering Committee, handle the routine business of the Steering Committee; chair meetings of the Steering Committee when authorized by the Head of the Steering Committee;

4. Report regularly and urgently directly to the Head of the Steering Committee on the situation and results of the prevention and combat corruption work and activities of the Steering Committee.

Article 9: Regular Members shall have the following tasks and powers:

1. Perform tasks and powers according to the assignment of the Head of the Steering Committee;

2. Be responsible to the Head of the Steering Committee for all activities of the Steering Committee's Office;

3. Manage and lead the activities of the Steering Committee's Office; decide on issues within the scope of the Office's tasks and powers.

Article 10: Members of the Steering Committee shall perform and be responsible to the Head of the Steering Committee for the assigned tasks; proactively propose and recommend policies and solutions for anti-corruption work to the Head of the Steering Committee.

Members of the Steering Committee shall use the machinery of the agency or organization under their management and responsibility to carry out the tasks assigned by the Head of the Steering Committee.

Article 11:

1. The Steering Committee's Office is a specialized working body assisting the Steering Committee.

2. The Prime Minister - Head of the Steering Committee decides on the organizational structure, tasks, powers, and operational regulations of the Steering Committee's Office based on the proposal of the Director of the Steering Committee's Office; decides on the appointment and removal of the Director and Deputy Director of the Steering Committee's Office.

3. The Steering Committee's Office has the responsibility to select personnel who meet the legal requirements for cadres and civil servants, with good moral character, integrity, honesty, professional qualifications, practical capabilities, and a strong spirit of fighting against corruption to serve as cadres and civil servants of the Steering Committee's Office.

Article 12:

1. The Steering Committee and the Steering Committee's Office shall have separate seals as prescribed by law.

2. The operating budget of the Steering Committee and the Steering Committee's Office is an independent item in the state budget, prepared by the Steering Committee's Office and proposed to the Government for submission to the National Assembly for decision.

3. Members of the Steering Committee and civil servants of the Steering Committee's Office shall receive responsibility allowances for anti-corruption activities as prescribed by the Government.

Chapter III
WORK REGIME AND COOPERATION RELATIONS

Article 13:

1. The Steering Committee shall convene regular meetings every three months; hold extraordinary meetings upon the request of the Chairman or Vice-Chairman of the Steering Committee; invite all members or relevant members based on the issue at hand; when necessary, the Chairman of the Steering Committee decides to invite leaders of related agencies and organizations to attend the meeting.

2. Every six months, the Steering Committee shall organize a work conference on anti-corruption with ministries, sectors, provinces, and centrally-administered cities; the participants shall be decided by the Chairman of the Steering Committee, focusing on areas, ministries, sectors, provinces, and centrally-administered cities with many corruption cases or significant limitations in detecting and handling acts of corruption.

Article 14:

1. Ministries, sectors, provinces, and centrally-administered cities shall submit periodic reports every three months, six months, and annually to the Steering Committee on the situation and results of anti-corruption efforts.

2. Members of the Steering Committee shall have the responsibility to report periodically every three months on the results of their activities according to assigned tasks to the Chairman and Vice-Chairman of the Steering Committee.

3. Every three months, six months, and annually, the Government Inspectorate, Ministry of Public Security, Supreme People's Procuracy shall have the responsibility to report their programs, plans, and results of anti-corruption efforts of specialized units against corruption to the Steering Committee; other reports on serious and complex corruption cases that attract particular public attention shall be simultaneously submitted to competent authorities.

4. Every three months, the Steering Committee shall report on anti-corruption efforts to the Political Bureau, Secretariat, Standing Committee of the National Assembly, Government; every six months to the Central Committee of the Communist Party, National Assembly, State President; and extraordinary reports when requested by these bodies. Reports from the Steering Committee must clearly state the situation of corruption, results of anti-corruption efforts, favorable and difficult factors, and propose measures for future anti-corruption efforts.

Decisions to temporarily suspend duties and recommendations to temporarily suspend duties for persons holding positions as stipulated in Clause 4 and Clause 5 of Article 5 of this Resolution must be sent to the Political Bureau, Secretariat, Standing Committee of the National Assembly, State President, and Government within five days from the date of signature.

During inspections, audits, investigations, prosecutions, and trials of corruption cases, if there is illegal obstruction or interference by agencies, organizations, units, and authorized individuals, the inspection, audit, investigation, prosecution, and court organs shall promptly report to the Steering Committee.

Article 15: The Steering Committee shall be responsible for directing, inspecting, and urging anti-corruption efforts of ministries, ministerial-level agencies, government-affiliated agencies, provincial people's councils, and centrally-administered city people's councils.

Article 16: The Steering Committee shall be responsible for directing, inspecting, and urging the implementation of anti-corruption efforts in the judiciary system and the People's Procuracy system.

Article 17: The Steering Committee shall be responsible for coordinating with the National Assembly's Ethnic Council and the National Assembly's Committees in the supervision work on preventing and combating corruption in accordance with the Anti-Corruption Law.

The Chairman of the National Assembly's Legal Affairs Committee shall be invited to attend meetings of the Steering Committee to discuss the annual work program, the detection and handling of corrupt acts.

Regular reports and ad hoc reports on the work of preventing and combating corruption of the Steering Committee as stipulated in Clause 4, Article 14 of this Resolution shall be submitted to the National Assembly's Legal Affairs Committee.

Article 18: The Steering Committee shall be responsible for coordinating with Party Committees and Party Central Committee-affiliated Party committees at all levels to perform the following tasks:

1. Inspecting and urging the work of preventing and combating corruption in Party agencies and organizations.

2. Recommending and requesting Party committees with authority to examine and impose disciplinary measures on cadres, Party members, and Party organizations related to corruption.

Article 19: The Steering Committee shall be responsible for coordinating with the Vietnam Fatherland Front and its member organizations to fulfill their supervisory and anti-corruption responsibilities according to their functions, tasks, and the Anti-Corruption Law.

Article 20: The Steering Committee shall be responsible for leading and coordinating activities among inspection, audit, investigation, prosecution, and court agencies in the work of preventing and combating corruption in accordance with the Anti-Corruption Law; directing the development of cooperation regulations in the work of preventing and combating corruption among these agencies.

Chapter IV
IMPLEMENTING PROVISIONS

Article 21:

1. This Resolution shall take effect from the date of promulgation.

2. The Steering Committee, the Chairperson of the Steering Committee, and other members of the Steering Committee shall be responsible for implementing this Resolution.

3. The Government, the Prime Minister, ministries, ministerial-level agencies, government agencies, the Supreme People's Court, the Supreme People's Procuracy, the National Assembly's Ethnic Council, the National Assembly's Committees, the State Audit Office, Provincial People's Councils, Municipal People's Committees under central jurisdiction, agencies, organizations, units, and individuals concerned shall be responsible for implementing this Resolution.