Circular No. 11/2011/TT-TTCP on criteria for assessing the situation of corruption and evaluating anti-corruption efforts

CIRCULAR

Specifies criteria for assessing the situation of corruption and evaluating anti-corruption efforts.

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Based on the Law on Prevention and Control of Corruption;

Based on 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;

Based on the National Strategy on Prevention and Control of Corruption until 2020 issued together with Resolution No. 12/NQ-CP dated May 12, 2009 of the Government;

The Government Inspectorate specifies criteria for assessing the situation of corruption and evaluating anti-corruption efforts as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, criteria for assessing the situation of corruption, evaluating anti-corruption efforts at the national level, and the responsibilities of ministries, sectors, localities, agencies, organizations, units related to assessing the situation of corruption and evaluating anti-corruption efforts at the national level.

Article 2. Applicability

This Circular applies to ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees directly under the Central Government, and other agencies, organizations, units, and individuals with functions, tasks, and powers in organizing the implementation of anti-corruption work, assessing the situation of corruption, and evaluating anti-corruption efforts.

Article 3. Principles for assessing corruption situations and evaluating anti-corruption efforts

1. Ensuring objectivity, honesty, and transparency in assessing the situation of corruption and evaluating anti-corruption efforts.

2. Implementing the Party's guidelines and the State's policies and laws in combating corruption.

3. Results of assessments and evaluations by political-social organizations, domestic media agencies, international organizations regarding the situation of corruption and anti-corruption efforts in Vietnam; the stability and development of the country's economy, politics, and society are important references serving the assessment of the situation of corruption and evaluation of anti-corruption efforts.

Chapter II

ASSESSMENT OF CORRUPTION SITUATIONS

Article 4. Measuring and forecasting the situation of corruption

The situation of corruption is measured and forecasted based on the scale and nature of corruption.

1. The scale of corruption is reflected through the following factors:

a) The prevalence of groups of corrupt acts across areas of state management;

b) The extent of damage caused by corrupt acts to the state, enterprises, and citizens.

2. The nature of corruption is reflected through the following factors:

a) The severity of corrupt acts;

b) The structure of corruption according to groups of corrupt acts;

c) The organized nature of the implementation of corrupt acts;

d) The connection between corrupt acts and other criminal acts.

Article 5. Criteria for assessing the situation of corruption

1. Criteria for measuring the scale of corruption:

a) Public perception of the prevalence of corrupt acts.

b) Civil servants' perception of the damage caused by corruption to the state budget.

c) Unofficial costs of businesses in transactions with state agencies.

d) Unofficial costs of citizens in transactions with state agencies.

2. Criteria for measuring the nature of corruption:

a) The ratio between types of corruption crimes.

b) The ratio of serious, very serious, and especially serious corruption crimes.

c) The ratio of corruption cases initiated, prosecuted, and brought to trial.

d) The ratio between the number of corruption crimes and the number of corruption cases.

đ) The ratio of corruption cases involving foreign elements.

e) The ratio of corruption cases involving other criminal offenses.

Article 6. Methods for Assessing the Situation of Corruption

1. Collecting basic information according to criteria for assessing the situation of corruption.

2. Determining the formula for calculating the composite index measuring the current situation of corruption based on comparative correlation between years and the weight of each component criterion.

3. Collecting information and data at the time of assessment to determine the composite index measuring the current situation of corruption for that year. The composite index is the main tool for making assessments about the situation of corruption.

4. The method for measuring the index on the current situation of corruption and specific examples are detailed in the Appendix attached to this Circular.

Article 7. Responsibility for collecting and processing information to assess the situation of corruption nationwide

1. The Government Inspectorate shall take the lead and coordinate with ministries, sectors, localities, and relevant agencies to collect information and data to serve the annual assessment of the corruption situation.

2. The Government Inspectorate shall take the lead and coordinate with competent agencies to analyze information and data to propose to the Government the content of the annual assessment of the corruption situation and publicly announce the Government's assessment of the annual corruption situation.

Chapter III

ASSESSMENT OF ANTI-CORRUPTION WORK

Article 8. Evaluation of anti-corruption efforts

Anti-corruption work is evaluated based on anti-corruption efforts, results of detecting and handling corruption, the impact of anti-corruption work on public trust, and the corruption situation.

Article 9. Criteria for evaluating anti-corruption efforts

1. Criteria for evaluating the degree of perfection of policies and laws on anti-corruption.

a) Subordinate legal instruments issued in accordance with the provisions of the Law on Prevention and Control of Corruption.

b) Instruments issued, amended, or supplemented in accordance with the Implementation Plan of the National Strategy on Prevention and Control of Corruption until 2020 and the Implementation Plan of the United Nations Convention against Corruption.

c) Acts of corruption criminalized, and anti-corruption measures prescribed in accordance with the requirements of implementing the United Nations Convention against Corruption.

2. Criteria regarding the level of response of the command apparatus and specialized agencies for anti-corruption.

a) Specialized agencies and units for anti-corruption established in accordance with the law.

b) Leaders and professionals in specialized agencies and units for anti-corruption are assigned according to staffing plans, meeting the requirements of organizational structure, professional standards.

c) Staff in specialized agencies and units for anti-corruption are trained and developed in necessary skills for anti-corruption according to approved plans.

3. Criteria regarding the level of social participation in anti-corruption work.

a) Political-social organizations, occupational associations, business associations, industry associations, and media participating in anti-corruption activities.

b) The extent to which citizens have access to information about corruption and anti-corruption.

c) The proportion of individuals rewarded for achievements in detecting acts of corruption.

Article 10. Criteria for evaluating the results of detecting and handling corruption

1. Criteria for evaluating the results of detecting corruption.

a) The ratio of corruption cases detected through internal audits.

b) The ratio of corruption cases detected through inspection activities.

c) The ratio of corruption cases detected through verification activities.

d) The ratio of corruption cases detected through monitoring activities.

đ) The ratio of corruption cases detected through auditing activities.

e) The ratio of corruption cases detected through complaint resolution.

g) The ratio of corruption cases detected through investigation, prosecution, and trial activities.

2. Criteria for evaluating the results of handling corruption.

a) The ratio of corruption perpetrators subjected to criminal proceedings.

b) The ratio of corruption perpetrators subjected to administrative penalties.

c) The ratio of money and assets recovered in the field of inspection.

d) The ratio of money and assets recovered in the field of auditing.

đ) The ratio of money and assets recovered in corruption cases.

Article 11. Criteria for assessing the impact of anti-corruption work on public trust and the situation of corruption

a) The level of satisfaction of citizens, businesses, civil servants with the effectiveness of anti-corruption efforts.

b) The level of trust of citizens, businesses, civil servants in the implementation of goals to prevent and curb corruption.

c) The degree of change in the situation of corruption.

Article 12. Methods for evaluating anti-corruption work

1. Collect information and data regularly according to the evaluation criteria.

2. Aggregate, classify, and standardize information and data.

3. Analyze and evaluate progress made in anti-corruption work through comparisons between current year criteria and those of the previous year, and refer to relevant contents as stipulated in Clause 3, Article 3 of this Circular.

Article 13. Responsibilities for collecting and processing information to serve the evaluation of anti-corruption work at the national level

1. The Government Inspectorate shall take the lead and coordinate with ministries, sectors, localities, and related agencies to collect information and data for the annual evaluation of anti-corruption work.

2. The Government Inspectorate shall take the lead and coordinate with competent agencies to analyze information and data, propose to the Government the content of the annual evaluation of anti-corruption work, and publicly announce the Government's annual evaluation of anti-corruption work.

Chapter IV

IMPLEMENTATION

Article 14. Responsibilities of the Government Inspectorate

1. Develop and implement detailed plans to assess the situation of corruption and evaluate anti-corruption work nationwide.

2. Take the lead and coordinate with ministries, sectors, and related agencies to organize surveys, sociological investigations, and other research activities to collect information and data for assessing the situation of corruption and evaluating anti-corruption work.

3. Develop, manage, and operate information systems and databases to serve the assessment of the situation of corruption and evaluation of anti-corruption work.

Article 15. Responsibilities of ministries, sectors, and localities

Ministries, sectors, and localities are responsible for providing information to serve the assessment of the situation of corruption and evaluation of anti-corruption work; coordinate with the Government Inspectorate in conducting surveys, analyses, and assessments of the situation of corruption and evaluation of anti-corruption work.

Article 16. Sources of funding for assessing the situation of corruption and evaluating anti-corruption work

Funding for assessing the situation of corruption and evaluating anti-corruption work shall be sourced from the state budget and mobilized from various sources of sponsorship and support in accordance with the law.

Article 17. Effective Date

This Circular takes effect from January 1, 2012. During its implementation, if there are any difficulties, relevant agencies shall report to the Government Inspectorate for guidance or consideration of amendments and supplements as appropriate./.