Decision No. 114/TTg On urgent measures to prevent and eliminate corruption and smuggling

Pursuant to …;

OF THE PRIME MINISTER NO. 114/TTG DATED OCTOBER 21, 1992

ON EMERGENCY MEASURES TO PREVENT AND ERADICATE CORRUPTION AND SMUGGLING

I- SITUATION AND CAUSES

Since the Council of Ministers (now the Government) issued Decision No. 240/HĐBT dated June 16, 1990 on anti-corruption measures until now, many efforts have been made to implement various measures, but the results achieved remain very low.

Corruption continues to occur widely, seriously, and in many sophisticated forms within state-owned enterprises at all levels. In reality, corruption is often linked with smuggling, and smuggling relies on corruption; in many cases, due to local and sectoral interests, smuggling and corruption are tolerated. Therefore, eradicating corruption must be closely tied to eradicating smuggling. The serious issue is that currently, corruption and smuggling have become organized networks using state resources mainly for embezzlement, capital depletion, and loss of state revenue.

The main causes of the above situation are:

1. The determination and policies to combat negative practices, corruption, and smuggling have not been fully reflected in high-level decisions from top to bottom through specific and synchronized measures for implementation. Administrative disciplinary actions have not been strict enough; legal handling has not been timely, lacking severity, and failing to serve educational and deterrent purposes; some cases have been prolonged without final resolution. Enforcement of judgments has not been thorough.

2. In recent times, responsibilities for combating corruption and smuggling have not been clearly defined between collective and individual entities; the responsibility of leaders of state-owned units in managing and protecting public assets and their accountability for subordinates who have degenerated and engaged in improper business practices has not been clarified.

3. Corruption thrives on deficiencies in economic and social management mechanisms and loopholes in current laws. While reform mechanisms and policies have yet to form a coherent system, and laws are not sufficiently stringent, corruption has conditions to develop, and bad elements exploit these opportunities for personal gain.

4. Cadre work has not been closely linked to addressing corruption; disciplinary actions against corrupt cadres have often lacked severity, with some cases being avoided or prolonged, especially for those in leadership positions.

5. Legal protection agencies have not been strong enough, with some having negative elements; particularly, coordination and cooperation have not been tight, with some cases limiting each other or prolonging without clear conclusions.

II- POLICY AND MEASURES

The current task is to continue preventing, pushing back, and ultimately eradicating corruption and smuggling, building a truly clean state apparatus, and effectively managing the country. This is a decisive factor for building a strong government, regaining people's trust, promoting positive factors, protecting core and loyal cadres, and advancing the nation further.

However, this is a deep-rooted evil with complex struggles that require persistent efforts. In 1993, efforts must be concentrated to create significant progress. Focus on detecting, investigating, prosecuting, and adjudicating offenses such as embezzlement, bribery, smuggling, and abuse of power. Target areas with high potential for corruption, such as capital allocation for basic construction projects, tendering for construction contracts, export and import permits, financial management, tax collection, pricing, land allocation, etc. The main targets for severe handling are serious cases involving individuals with authority. It is necessary to analyze thoroughly the causes and loopholes leading to corruption to adopt appropriate measures and steps to address the root causes.

Under the current circumstances, overcoming corruption and smuggling must ensure the following requirements:

1. The struggle will cover a wide range, so it is necessary to distinguish different targets to apply suitable measures, following the principle of stern punishment for the stubborn and leniency for those who voluntarily repent. For cases already discovered (before this decision), select serious cases and handle them strictly. For the majority remaining, if they recognize their mistakes, report voluntarily, and return assets to the state, they may receive leniency based on the nature, degree of violation, sincerity, and corrective attitude; the reporting period is three months from the date of this decision; if beyond this period without voluntary reporting, when discovered, they must be handled severely according to the law. For those who continue to violate from now on, they must be dealt with strictly according to the law.

2. The struggle must proceed urgently and resolutely, but without creating a heavy atmosphere or tension, but rather creating motivation for lawful activities, establishing a clean and stable environment for domestic business operations and attracting foreign investment, contributing to promoting economic and social tasks, and not allowing enemies and bad elements to take advantage.

The process of overcoming corruption, smuggling, and other negative practices is a process of cleaning up the state apparatus, reorganizing structures, and redeploying cadres in state agencies at all levels and in state-owned enterprises.

This struggle requires urgent development of administrative legal systems, continued improvement of economic legal systems, criminal and civil laws, etc., to establish legal order and discipline in all aspects of economic, social, security, defense, and foreign affairs activities.

Through the above requirements, this struggle must ensure the continued consolidation of the people's trust in the Party's leadership and the state's management, motivating the people to actively participate in discovering and fighting against corruption and smuggling.

Below are some key measures:

1. Review, amend, supplement, and promulgate new mechanisms, policies, especially related laws to address corruption and smuggling.

a) For economic management mechanisms, policies, and laws, it is necessary to promptly review, amend, and supplement provisions that are no longer appropriate, have many loopholes, and have been exploited; particularly focusing on laws and systems protecting and preserving state assets. Urgently implement research, drafting, and promulgating the Commercial Law, amending and supplementing the Land Law, Foreign Investment Law, Administrative Procedure Law, Civil Servant Regulations, Public Service Regulations, etc.

b) The Ministry of Justice shall take the lead with relevant sectors to complete early for submission to the second session of the Ninth National Assembly for approval of amendments and supplements to the Criminal Code and the Criminal Procedure Code concerning anti-corruption and anti-smuggling, such as adding offenses related to corruption and smuggling, imposing stricter penalties, ensuring accurate, prompt, and timely handling.

c) Study and promulgate a Law or Ordinance requiring asset declarations from individuals suspected of corruption, including those in positions of power.

d) Ministries and State Committees shall review and immediately abolish cumbersome regulations and procedures in administrative management areas, primarily regarding the issuance of various permits and other documents.

2. Clearly define the responsibility of heads of state administrative agencies and local authorities at all levels.

In each ministry or sector, the Minister or Director General must be responsible for checking and reviewing within their own agency whether there is corruption or smuggling, which department it occurs in, who the violators are; first, strictly enforce administrative discipline against violators; if the case warrants prosecution, promptly and proactively hand over to law enforcement agencies for further handling. Encourage officials who have made mistakes to voluntarily self-criticize (without public disclosure) and return property to the state to receive leniency.

Ministers and Sector Directors must take comprehensive measures to prevent corruption and smuggling in their ministries or sectors.

- At provincial (central city) level, district (urban district, town, provincial city) level, commune (ward, town) level, the main person responsible is the Chairman of the People's Committee.

- At Bureau, Department, Institute, School, Department, Holding Company, Company, Factory level, the head also bears primary responsibility when corruption and smuggling occur in their agency or unit.

Leaders at all levels of government and agencies mentioned above who fail to fulfill their responsibilities in combating corruption and smuggling shall be subject to administrative disciplinary action; if they obstruct, hinder, or create difficulties for law enforcement agencies in performing their duties, they shall be disciplined or held criminally responsible. Immediate superiors of leaders who manage subordinates who commit violations shall also bear joint responsibility for such violations.

3. Strengthen and enhance law enforcement agencies; strengthen investigative, prosecutorial, and adjudicatory work.

a) Enhance law enforcement agencies, particularly by purging internal staff lacking in character and capability, while adequately supplementing capable and virtuous personnel, especially for units directly combating corruption and smuggling.

Increase material resources, supplement necessary technical equipment, working tools, and transportation means.

Review salary, remuneration, allowances, and reward systems to eliminate the phenomenon of only wanting to impose administrative penalties to receive bonuses, or only doing work if there are rewards. Supplement additional funding, especially for critical locations and departments involved in investigating and handling serious cases. Consider establishing a special allowance system for law enforcement personnel directly dealing with complex corruption and smuggling cases.

Law enforcement agencies shall not organize business operations related to their functions.

Court sessions should be held in places that ensure sufficient solemnity, creating awareness among violators and spectators about respecting the law. Research attire for court judges.

Establish coordination and cooperation regulations among law enforcement agencies, particularly between inspection, internal affairs, prosecution, and courts in anti-corruption and anti-smuggling efforts.

Consolidate and strengthen inspection organizations at all levels and sectors: Select qualified and capable personnel for inspections to promptly detect corruption, smuggling, and waste for timely administrative disciplinary action; if criminal evidence is found, transfer the case for criminal prosecution.

Firmly combat phenomena of favoritism, avoidance, protection, and cover-up, viewing these as aiding corruptors and smugglers, and subjecting them to strict punishment regardless of their level.

b) Strengthen investigation, prosecution, and adjudication of corruption and smuggling offenses.

Legal proceedings must be conducted swiftly and promptly, especially during the investigation phase. Courts should apply the highest penalties within the prescribed range corresponding to the severity of the corruption and smuggling offenses, and require compensation, restitution, fines, and confiscation of part or all of the assets; suspended sentences shall not be applied to serious or stubborn offenders who do not confess sincerely or who reoffend. Adjudicate serious cases with full evidence through both trial and appellate procedures simultaneously; currently, some serious cases (including those already tried but requiring supervisory review) should be handled through a special procedure consistent with the law, promoting the fight against corruption and smuggling.

The effectiveness of adjudication lies in the execution of judgments. Increase the rate of fully executed judgments; recover assets and firmly detain those convicted. According to new legal provisions, the execution of judgments is the responsibility of the Government. The Ministry of Justice and relevant sectors shall study documents to submit to the Prime Minister on this issue.

III - ON GUIDANCE FOR IMPLEMENTATION

Upon receiving this decision, sectors and levels must immediately establish specific programs to implement measures to prevent and eliminate corruption and smuggling within their agencies and organizations. Efforts should be concentrated on industries with conditions conducive to corruption and those with prominent corruption issues, as well as business units or state management agencies showing significant signs of violation.

This program is a key component in the action plan of administrative agencies at all levels to implement the government's action plan reported to the first session of the National Assembly. Ministers, heads of ministries equivalent to ministries, and government agencies directly develop anti-corruption and anti-smuggling programs within their areas of responsibility and report to the Prime Minister; Chairpersons of People's Committees report this program to the People's Councils (People's Committees of provinces and centrally-administered cities must simultaneously report to the Government).

Legal protection sectors according to their functions need to promote research to perfect the current legal system, closely coordinate, unify judicial perspectives, serving as the core for the fight against corruption and smuggling. The Government, together with the Supreme People's Procuracy and the Supreme People's Court, directs concerted and synchronized efforts among inspection, audit, investigation, prosecution, adjudication, enforcement, and personnel organization sectors.

The Government, in collaboration with the Front and people's mass organizations, closely coordinates to form a united front against the evils of corruption and smuggling; promptly commends places that perform well, protects, and promotes positive factors.

Mass media outlets must strengthen news and articles about combating corruption and smuggling, highlighting examples of lawful and effective business practices.

The struggle to combat corruption and smuggling is complex and long-term, but in the coming period, it must be considered a central task, with focused guidance, combining various educational, economic, administrative, and legal measures to achieve clear progress, contributing to ensuring the implementation of socio-economic tasks.