Circular No. 12/2011/TTLT-TTCP-VKSNDTC-TANDTC-KTNN-BQP-BCA stipulates the exchange, management, and use of information and data on anti-corruption.

JOINT CIRCULAR

Regulations on the exchange, management, and use of information and data on anti-corruption

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Pursuant to the Anti-Corruption Law 2005 (amended and supplemented in 2007);

Pursuant to Decree No. 120/2006/NĐ-CP dated October 20, 2006 of the Government detailing and guiding the implementation of certain provisions of the Anti-Corruption Law;

To serve state management work on anti-corruption; to enhance coordination among functional agencies in anti-corruption activities; to build, manage, and effectively utilize the Common Anti-Corruption Data System, the Joint Sector of the Government Audit Board, Supreme Prosecutor’s Office, Supreme People's Court, State Auditor, Ministry of National Defense, and Ministry of Public Security hereby jointly stipulates the exchange, management, and use of information and data on anti-corruption among these agencies as follows:

Article 1. Scope of Regulation

This Circular stipulates the exchange, management, and use of information and data on anti-corruption between the Government Audit Board, Supreme Prosecutor’s Office, Supreme People's Court, State Auditor, Ministry of National Defense, and Ministry of Public Security.

Article 2. Applicability

This Circular applies to the Government Audit Board, Supreme Prosecutor’s Office, Supreme People's Court, State Auditor, Ministry of National Defense, and Ministry of Public Security in their exchange, management, and use of information and data on anti-corruption.

Article 3. Principles for the exchange, management, and use of information and data

1. Compliance with laws on anti-corruption and laws on state secrets; ensuring accuracy, objectivity, completeness, and timeliness.

2. Strengthening the application of information technology to improve efficiency, consistency, and synchronization in the exchange, management, and use of information and data on anti-corruption.

Article 4. Responsibilities of agencies in the exchange, management, and use of information

1. The Government Audit Board shall take the lead and coordinate with other functional agencies to build, manage, and use the Common Anti-Corruption Data System (hereinafter referred to as the Common Data System) to serve state management work on anti-corruption; Lead the organization of evaluation, summary, and lessons learned from the work of exchanging, managing, and using information and data on anti-corruption.

2. The Government Audit Board, Supreme Prosecutor’s Office, Supreme People's Court, State Auditor, Ministry of National Defense, and Ministry of Public Security shall provide the Common Data System with information on the results of activities detecting and handling persons engaged in corrupt acts and assets derived from corruption as prescribed by law and this Circular.

3. The Government Audit Board, Supreme Prosecutor’s Office, Supreme People's Court, State Auditor, Ministry of National Defense, and Ministry of Public Security shall be responsible for allocating personnel, material, and technical conditions to ensure the exchange, management, and use of information and data on anti-corruption, while directing subordinate agencies, organizations, and units under their jurisdiction to comply with regulations on the exchange, management, and use of information and data on anti-corruption; promptly coordinating to resolve any difficulties and obstacles arising during implementation.

Article 5. Content of Information and Data Provision

1. The Government Inspectorate shall provide to the Common Data System the following information and documents: consolidated reports of the Inspection sector on anti-corruption work; results of inspections that have identified signs of corruption; amounts and assets of corruption that inspection agencies have recommended for recovery; results of detecting corruption through complaint resolution activities; research, sociological investigation results, and other documents related to anti-corruption work. The list of information contents is set out in Appendix No. 1 attached hereto.

2. The Supreme People's Procuracy shall provide to the Common Data System information on the handling of corruption crimes, information on amounts and assets of corruption proposed for recovery, temporary detention, and freezing by the People's Procuracies at all levels. The list of information contents is set out in Appendix No. 2 attached hereto.

3. The Supreme People's Court shall provide to the Common Data System information on the first-instance and appellate trials conducted by the People's Courts at all levels against corruption offenses, information on amounts and assets of corruption declared confiscated for state funds by the People's Courts at first instance. The list of information contents is set out in Appendix No. 3 attached hereto.

4. The State Audit Agency shall provide to the Common Data System information on: the number of audits conducted; the number of cases and matters referred to competent authorities for handling; amounts and assets mismanaged and improperly used discovered and recommended for recovery by the State Audit Agency; legal normative documents proposed for revocation, amendment, and supplementation by the State Audit Agency; implementation results of the State Audit Agency's recommendations. The list of information contents is set out in Appendix No. 4 attached hereto.

5. The Ministry of National Defense shall provide to the Common Data System information on the number of cases, suspects indicted, investigated, and prosecuted for corruption offenses carried out by investigative agencies within the People's Army, information on amounts and assets of corruption causing losses due to corruption proposed for recovery, temporary detention, and freezing by investigative agencies within the People's Army. The list of information contents is set out in Appendix No. 5 attached hereto.

6. The Ministry of Public Security shall provide to the Common Data System information on the number of cases, suspects indicted, investigated, and prosecuted for corruption offenses carried out by investigative agencies within the People's Public Security Forces, information on amounts and assets of corruption causing losses due to corruption proposed for recovery, temporary detention, and freezing by investigative agencies within the People's Public Security Forces. The list of information contents is set out in Appendix No. 6 attached hereto.

Article 6. Forms of Exchange and Provision of Information and Data

The exchange and provision of information and data shall be conducted in the form of administrative documents or electronic data messages (having equal legal effect). The Government Inspectorate is the focal point for receiving and processing information provided by ministries and sectors for state management purposes regarding anti-corruption and the Common Data System.

Article 7. Periods for Statistics and Information Exchange and Provision Timeframes

1. Monthly information: Statistics of information and data from the first day of the month to the last day of the month, to be provided no later than the twentieth day of the following month.

2. Annual information: Statistics and data from January 1 to December 31 shall be provided no later than January 20 of the following year.

3. Emergency information: In cases where the National Assembly, Government, Central Steering Committee on Anti-Corruption, or other competent authorities request reports or provision of information within the scope defined in Article 5 of this Circular or other related information not covered by the periods specified in Clause 1 of this Article, relevant ministries, sectors, and agencies shall proactively provide such information according to the requirements of these authorities, while simultaneously providing it to the common database and relevant agencies. If the request for reporting and provision of information is sent to the Government Inspectorate, the Government Inspectorate shall have the responsibility to send a request for information provision to the relevant agencies.

Article 8. Management and Use of Information and Data

1. The Government Inspectorate shall be responsible for applying necessary technical and professional measures to ensure the security of the Common Database, ensuring accurate, timely, and effective sharing of information and data among agencies, organizations, units, and individuals as stipulated in this Circular.

2. The Government Inspectorate shall provide the Supreme People's Procuracy, Supreme People's Court, State Audit Office, Ministry of National Defense, and Ministry of Public Security with access codes and passwords to extract information from the Common Database through electronic networks. These agencies shall be responsible for securing the provided codes and passwords.

3. Apart from the agencies issuing this Joint Circular, the Government Inspectorate shall share information with the following agencies and authorized persons for use and exploitation of information from the Common Database:

a) Central agencies of the Party;

b) Standing Committee of the National Assembly, Ethnic Council of the National Assembly, Committees of the National Assembly, and the National Assembly Office;

c) President of the State, Vice Presidents of the State, and the Office of the President of the State;

d) Prime Minister, Deputy Prime Ministers, and the Office of the Government;

đ) Central Steering Committee on Anti-Corruption, and the Office of the Central Steering Committee on Anti-Corruption.

4. When the Government Inspectorate uses information and data from the Common Database to prepare anti-corruption reports submitted to competent authorities, copies shall also be sent to the agencies participating in this Circular.

Article 9. Lead Units for Providing and Exchanging Information

1. Competent agencies shall designate subordinate units as lead units for providing and exchanging information as follows:

a) Government Inspectorate: Anti-Corruption Bureau.

b) Supreme People's Procuracy: Crime Statistics Department.

c) Supreme People's Court: Comprehensive Statistics Department.

d) State Audit Office: Consolidation Department.

đ) Ministry of National Defense: Inspectorate of the Ministry of National Defense.

e) Ministry of Public Security: Inspectorate of the Ministry of Public Security.

2. The units and organizations designated as lead units under Clause 1 of this Article shall be responsible for assigning specific leaders and functional departments to carry out tasks related to information exchange, provision, and management; opening and registering with the Government Inspectorate email accounts, fax numbers, and phone numbers for use in information exchange and provision.

Article 10. Effective Date

1. This Joint Circular takes effect from February 1, 2012, and replaces Joint Circular No. 2462/2007/TTLT-TTCP-VKSNDTC-TANDTC-KTNN-BQP-BCA dated November 19, 2007, issued by the Government Inspectorate, Supreme People's Procuracy, Supreme People's Court, State Audit Office, Ministry of National Defense, and Ministry of Public Security.

2. During implementation, if there are any difficulties, agencies shall report them to the Government Inspectorate for coordination with relevant ministries and sectors to review, guide, and adjust accordingly.