Decree No. 120/2006/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Prevention and Combating Corruption.

DECREE

Providing detailed regulations and guidance on implementing certain provisions of the Law on Prevention and Control of Corruption

Article of the Law on Prevention and Control of Corruption

__________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Corruption dated November 29, 2005;

Considering the proposal of the Inspector General,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations and guidance on implementing certain provisions of the Law on Prevention and Control of Corruption concerning acts of corruption; transparency and openness in the activities of agencies, organizations, units; information and reporting systems; inspection and audit systems for the implementation of laws on prevention and control of corruption; complaints and handling of complaints about acts of corruption; establishment and implementation of regimes, norms, and standards; international cooperation on prevention and control of corruption and other provisions of the Law on Prevention and Control of Corruption.

Article 2. Determining acts of corruption as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 3 of the Law on Prevention and Control of Corruption

Acts of corruption as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 3 of the Law on Prevention and Control of Corruption shall be determined according to the Penal Code of 1999.

Article 3. Determining acts of corruption as stipulated in Clauses 8, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Control of Corruption

Acts of corruption as stipulated in Clauses 8, 9, 10, 11, and 12 of Article 3 of the Law on Prevention and Control of Corruption are determined as follows:

1. The act of bribery and brokering bribery carried out by persons with positions and powers to resolve matters of agencies, organizations, units, or localities for personal gain includes the following actions:

a) Bribery and brokering bribery to obtain favorable mechanisms and policies for agencies, organizations, units, and localities;

b) Bribery and brokering bribery to obtain preferential treatment in budget allocation for agencies, organizations, units, and localities;

c) Bribery and brokering bribery to obtain project assignment or approval for agencies, organizations, units, and localities;

d) Bribery and brokering bribery to obtain commendation titles or state honors for collectives and individuals for agencies, organizations, units, and localities;

đ) Bribery and brokering bribery to obtain approval for organizational quotas and staffing standards for agencies, organizations, units, and localities;

e) Bribery and brokering bribery to avoid inspection, audit, investigation, or to distort the results of such activities to conceal violations of the law;

g) Bribery and brokering bribery to obtain other benefits for agencies, organizations, units, and localities.

2. The act of misusing State assets for personal gain through abuse of position and power includes the following actions:

a) Using State assets for personal purposes;

b) Leasing or lending State assets;

c) Using State assets beyond prescribed norms, standards, and limits.

3. The act of harassment for personal gain is an arbitrary, harsh, and difficult behavior when performing duties or public services to demand or compel citizens, businesses, and other organizations and individuals to pay additional fees or perform other actions for the benefit of the harasser.

4. The act of failing to perform duties or public services for personal gain is intentionally not fulfilling the responsibilities prescribed by law to prevent, detect, and handle violations of the law or not performing duties or public services correctly and timely due to personal gain.

5. Misusing position and power to cover up for those who violate the law for personal gain; obstructing or interfering illegally with inspections, audits, investigations, prosecutions, trials, and enforcement for personal gain includes the following actions:

a) Using position, power, and influence to conceal or mitigate the illegal acts of others;

b) Using position, power, and influence to hinder inspections, audits, investigations, prosecutions, trials, and enforcement or to distort the results of these activities.

Chapter II

TRANSPARENCY AND OPENNESS IN THE ACTIVITIES OF

AGENCIES, ORGANIZATIONS, UNITS

PART 1

ENSURING TRANSPARENCY AND OPENNESS PRINCIPLES

Article 4. Ensuring the principle of transparency and openness in the issuance of classified information lists by authorized agencies and organizations

1. The list of classified information issued by authorized agencies and organizations according to the Ordinance on Protection of Classified Information must not include mandatory public contents as stipulated in Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 of the Law on Prevention and Control of Corruption.

2. The Ministry of Public Security and authorized agencies and organizations must ensure the principles of transparency and openness of the Law on Prevention and Control of Corruption in the establishment and issuance of classified information lists.

Article 5. Application of Public Disclosure Forms

1. The application of public disclosure forms as stipulated in Article 12 of the Law on Prevention and Combating Corruption must be consistent with the content, subject matter of the information to be disclosed, and the purpose of disclosing such information.

2. The head of the agency, organization, or unit shall be responsible for organizing and directing the application of public disclosure forms and shall bear responsibility for violations of regulations on the application of public disclosure forms as prescribed by law.

3. In cases where specific public disclosure forms are prescribed by law, such forms must be applied.

4. Apart from the mandatory public disclosure forms prescribed by law, the head of the agency, organization, or unit shall be responsible for applying one or more public disclosure forms as stipulated in Clause 1 of Article 12 of the Law on Prevention and Combating Corruption.

5. In cases where requests for information are received from agencies, organizations, or individuals as prescribed in Articles 31 and 32 of the Law on Prevention and Combating Corruption, the form of public disclosure as prescribed in Point g of Clause 1 of Article 12 of the Law on Prevention and Combating Corruption must be applied.

PART 2

INFORMATION DISCLOSURE AT THE REQUEST OF

AGENCY, ORGANIZATION, INDIVIDUAL

Article 6. Rights and Obligations of Agencies, Organizations, and Individuals Requesting Information

1. Agencies, organizations, and individuals requesting information have the following rights:

a) To request information about the activities of agencies, organizations, and units as prescribed in Articles 31 and 32 of the Law on Prevention and Combating Corruption;

b) To receive the requested information or a written response regarding the refusal to provide the information.

c) To lodge complaints about the failure to provide information or the failure to fulfill the obligation to provide information in accordance with the provisions of the law.

2. Agencies, organizations, and individuals requesting information have the following obligations:

a) To request information in writing, clearly stating their name, address, and reason for requesting the information;

b) To exercise the right to request information in accordance with the provisions of the Anti-Corruption Law and this Decree;

c) Not to abuse the right to request information to cause disruption or to commit illegal acts that cause damage to agencies, organizations, or individuals;

d) To comply with decisions resolving complaints that have legal effect concerning the provision of information requests.

Article 7. Rights and Obligations of Agencies, Organizations, Units, and Individuals Required to Provide Information

1. Agencies, organizations, units, and individuals required to provide information have the following rights:

a) To be informed of the reason for the request for information;

b) To refuse to provide state secrets and other contents as prescribed by the Government, information that has been publicly disclosed through mass media, publications, or public postings, and information unrelated to the activities of the agency, organization, or unit being requested;

c) To require the person receiving the information to use it legally and ensure its accuracy when using it.

2. Agencies, organizations, units, and individuals required to provide information have the following obligations:

a) To provide information in writing or data messages to agencies, organizations, or individuals in accordance with the procedures, formalities, and deadlines prescribed in the Law on Prevention and Combating Corruption and this Decree;

b) To respond in writing and clearly state the reasons to the requesting agency, organization, or individual in cases where information is not provided or cannot be provided at the time.

c) To guide access to the requested information if such information has been publicly disclosed through mass media, published in publications, or publicly posted.

d) To comply with decisions resolving complaints that have legal effect concerning the provision of information requests.

Article 8. Responsibilities of the Head of the Agency, Organization, or Unit in Providing Information at the Request of Agencies, Organizations, or Individuals

The head of the agency, organization, or unit shall be responsible for organizing and directing the provision of information; shall bear responsibility for violations of the obligation to provide information by their agency, organization, or unit as prescribed in the Law on Prevention and Combating Corruption, this Decree, and other relevant laws.

Article 9. Form of Requests for Information from Agencies, Organizations, or Individuals

1. Requests for information are made in writing or via data messages.

2. Written requests or data message requests for information are delivered directly, sent by post, or transmitted electronically to the requested agency, organization, unit, or individual.

Article 10. Implementation of Requests for Information Provision

Within ten days from the date of receiving a request for information provision, the agency, organization, unit, or individual requested to provide information must carry out one of the following activities:

1. Provide the information when the content of the requested information meets the following conditions:

a) Falls within the scope of public disclosure as prescribed by the Anti-Corruption Law and this Decree;

b) Within the scope of operation of the agency, organization, unit, or individual requested;

c) Has not been publicly disclosed through mass media, publication of printed materials, or public posting.

            2. Provide a written response regarding the non-provision of information to the requesting agency, organization, or individual in cases where the requested information does not meet the conditions stipulated in Clause 1 of this Article and clearly state the reasons.

            3. If the requested information has been publicly disclosed through mass media, publications, or public postings, then the written response must include guidance on how to access such information.

Article 11. Ensuring the Right to Request Information Provision for Agencies, Organizations, and Individuals

1. In cases where agencies, organizations, or individuals requesting information have grounds to believe that the information provided is incomplete or contrary to the law, they have the right to lodge a complaint.

2. The procedures for lodging and resolving complaints regarding the right to request information are carried out in accordance with the laws on complaints.

3. In cases where the person being complained against is appointed by the Prime Minister or is the head of a central agency of political-social organizations, the complaint shall be lodged with the Head of the Central Steering Committee on Anti-Corruption.

Article 12. Handling Violations of Provisions on Requesting Information Provision

1. An entity or individual requested to provide information who fails to fulfill their obligations regarding information provision as prescribed by the Law on Prevention and Control of Corruption and this Decree shall be subject to disciplinary action or criminal liability, depending on the nature and severity of the violation, as stipulated by law.

2. Any person who abuses the right to request information to cause disruption or uses the provided information illegally, causing damage to the legitimate rights and interests of agencies, organizations, or individuals, shall be subject to disciplinary action, administrative penalties, or criminal liability, depending on the nature and severity of the violation, as stipulated by law.

Chapter III

INFORMATION AND REPORTING SYSTEM ON PREVENTION,

 ANTI-CORRUPTION

Section 1

INFORMATION AND REPORTING SYSTEM ON PREVENTION, ANTI-CORRUPTION OF AGENCIES, ORGANIZATIONS, UNITS

Article 13. Reporting Responsibilities of Ministries, Equivalent Ministries, Government Agencies, and Provincial People's Committees

1. Ministries, equivalent ministries, government agencies, provincial people's committees (hereinafter referred to as ministries, sectors, localities) are responsible for reporting to the Government and the Central Steering Committee on Prevention and Control of Corruption about anti-corruption work at ministries, sectors, and localities. This report is sent to the Government Inspectorate to build and maintain a common database on prevention and control of corruption.

2. The Government Inspectorate is responsible for assisting the Government and the Central Steering Committee on Prevention and Control of Corruption in building annual reports on anti-corruption nationwide.

Article 14. Contents of Reports to the Government

Ministries, sectors, and localities are responsible for reporting to the Government on the following contents:

1. Legal normative documents and other documents related to prevention and control of corruption issued by ministries, sectors, and localities within their authority;

2. The situation of corruption and the results of anti-corruption work at ministries, sectors, and localities.

Article 15. Contents of the Government's Report to the National Assembly and the Standing Committee of the National Assembly

The contents of the Government's report to the National Assembly and the Standing Committee of the National Assembly include the following:

1. The situation of corruption and the results of anti-corruption work nationwide;

2. Evaluation and forecast of the situation of corruption and policy recommendations and solutions for preventing and combating corruption.

Article 16. Forms of Information and Reporting

Information and reporting shall be carried out in one of the following forms:

1. Administrative documents;

2. Data messages.

Article 17. Time of Reporting

1. Every three months, six months, ministries, sectors, and localities have the responsibility to report in accordance with Clause 1 of Article 13 of this Decree.

2. Every six months, annually, the Government reports to the National Assembly and the Standing Committee of the National Assembly in accordance with Article 15 of this Decree.

3. The Government reports promptly to the Standing Committee of the National Assembly when requested.

Article 18. Providing information on preventing and combating corruption to ministries, sectors, and localities

1. When necessary, ministries, sectors, and localities may request the Government Inspectorate to provide information to serve their own anti-corruption work.

2. The Government Inspectorate has the responsibility to provide information within ten days from the date of receiving the request for information from ministries, sectors, and localities. In cases where the requested information is complex and involves multiple fields, the above period may be extended but not exceeding twenty days; if the information is not provided or cannot be provided, a written response must be given to the requesting agency explaining the reasons.

3. The exchange of information between the Government Inspectorate and ministries, sectors, and localities in anti-corruption work shall be conducted through the forms prescribed in Article 16 of this Decree.

Article 19. Responsibilities of Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees

1. Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees are responsible for directing, urging, and inspecting the implementation of the information and reporting system regarding anti-corruption work within their respective management scope.

2. Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees must bear responsibility for the reported information and data and for failing to fulfill the duty of information and reporting.

Article 20. Information and Reporting System at Ministries, Sectors, and Localities

1. Ministries, sectors, and localities shall base themselves on this Decree to detail the information and reporting system regarding anti-corruption work within their respective ministries, sectors, and localities.

2. The Government Inspectorate has the responsibility to guide, inspect, and urge ministries, sectors, and localities to implement the information and reporting system as prescribed in this Decree.

PART 2

EXCHANGE OF INFORMATION BETWEEN THE GOVERNMENT INSPECTORATE AND THE MINISTRY OF PUBLIC SECURITY, SUPREME PEOPLE'S PROSECUTOR’S OFFICE, SUPREME PEOPLE'S COURT, STATE AUDIT ORGANIZATION, AND OTHER ORGANIZATIONS

Article 21. Exchange of Information Between the Government Inspectorate and the Ministry of Public Security, Supreme People's Prosecutor’s Office, Supreme People's Court, and State Audit Organization

1. The Government Inspectorate shall cooperate with the Ministry of Public Security, Supreme People's Prosecutor’s Office, Supreme People's Court, and State Audit Organization in regularly exchanging and providing information, documents, and experiences on anti-corruption work in inspection, investigation, prosecution, adjudication, and auditing activities.

2. The exchange and provision of information and documents on anti-corruption work by the Government Inspectorate, the Ministry of Public Security, the Supreme People's Prosecutor’s Office, the Supreme People's Court, and the State Audit Organization must ensure speed, accuracy, and timeliness.

3. The Government Inspectorate shall take the lead and cooperate with the Ministry of Public Security, the Supreme People's Prosecutor’s Office, the Supreme People's Court, and the State Audit Organization to issue a Joint Circular stipulating the exchange and provision of information and documents between the Government Inspectorate and the Ministry of Public Security with the Supreme People's Prosecutor’s Office, the Supreme People's Court, and the State Audit Organization.

Article 22. Exchange of information between the Government Inspectorate and other organizations on anti-corruption work

1. The Government Inspectorate shall coordinate with the Vietnam Fatherland Front Central Committee and its member organizations, the Vietnam Chamber of Commerce and Industry, business associations, industry associations, and local press agencies to regularly exchange and provide information and materials on anti-corruption through their activities.

2. The exchange and provision of information and materials on anti-corruption pursuant to Clause 1 of this Article must ensure speed, accuracy, and timeliness.

Article 23. Exchange of information on anti-corruption work at the local level

The People's Committees of provinces shall be responsible for coordinating with the People's Procuracy, People's Courts, provincial-level Vietnam Fatherland Front Committees, business associations, industry associations, and local press agencies based on the Joint Circular stipulated in Clause 3 of Article 21 of this Decree to exchange and provide information and materials on anti-corruption work at the local level.

Article 24. Publicizing annual reports on anti-corruption work

1. The annual report on anti-corruption work of the People's Committees shall be publicized by the Chairperson of the People's Committee no later than the last working day of March each year.

2. The annual report on anti-corruption work of ministries, ministerial-level agencies, and government agencies shall be publicized by the Ministers, Heads of ministerial-level agencies, and Heads of government agencies no later than the last working day of March each year.

3. The annual report on anti-corruption work of the Government shall be publicized by the Prime Minister no later than the last working day of April each year.

PART 3

THE COMMON DATA SYSTEM ON ANTI-CORRUPTION,

 ANTI-CORRUPTION

Article 25. Common data system on anti-corruption

1. The common data system on anti-corruption is a collection of information, data, and reports related to anti-corruption work that are gathered, processed, and analyzed.

2. Information, data, and reports of the common data system as stipulated in Clause 1 of this Article must be collected, processed, and analyzed promptly, accurately, and scientifically to serve research, evaluation, forecasting of corruption situations, policy and legal development on anti-corruption, contributing to enhancing the effectiveness of anti-corruption work.

Article 26. Establishment and management of the common data system on anti-corruption

1. The establishment and management of the common data system on anti-corruption include:

a) Receiving, compiling, processing, storing information, data, and reports from agencies, organizations, and localities on anti-corruption situations;

b) Ensuring smooth exchange and provision of information and materials among agencies responsible for anti-corruption work;

c) Compiling, evaluating, and forecasting corruption situations.

2. The Government Inspectorate shall be responsible for establishing and managing the common data system on anti-corruption.

Chapter 4:

INSPECTION AND AUDIT REGIME FOR IMPLEMENTATION OF LAWS

ON ANTI-CORRUPTION

PART 1

INSPECTION OF IMPLEMENTATION OF LAWS ON ANTI-CORRUPTION

 ANTI-CORRUPTION EFFORTS

Article 27. Contents of Inspection

Authorities, organizations, units shall regularly inspect to examine, evaluate, and take measures to ensure strict compliance with legal provisions on anti-corruption by authorities, organizations, units, and individuals under their management.

Article 28. Basis for Conducting Inspections

1. Inspections shall be conducted according to the annual inspection plan approved by the competent authority or carried out urgently based on the decision of the head of the competent authority when signs of violation of legal provisions on anti-corruption are discovered.

2. Authorities, organizations, units shall issue and post at their headquarters the inspection plan for the following year no later than the last working day of December each year.

3. The inspection plan must include the following contents:

a) Authorities, organizations, units, and individuals subject to inspection;

b) Contents of inspections;

c) Time limits for conducting inspections.

Article 29. Procedure and Formalities for Conducting Inspections

1. When there is one of the bases for inspection specified in Clause 1, Article 28 of this Decree, the head of the competent authority must issue an inspection decision and send it to the inspected authorities, organizations, units, and individuals.

2. The inspection decision must include the following contents:

a) Basis for inspection;

b) Name, position, workplace of the head and members of the inspection team or the inspector;

c) Content of the inspection;

d) Time limit for conducting the inspection.

3. The inspection decision must be announced no later than five days from the date of issuance of the inspection decision. The announcement of the inspection decision must be conducted at the headquarters of the inspected authority, organization, unit, or workplace of the inspected individual and recorded in writing.

4. The time limit for conducting the inspection is ten days from the date of announcing the inspection decision; in cases where the inspection involves multiple subjects, wide inspection areas, and complex inspection nature, the inspection period may be extended but not exceeding fifteen days from the date of announcing the inspection decision.

5. Within ten days from the end of the inspection, after reviewing the inspection report of the head of the inspection team or the inspector and the explanation of the inspected authority, organization, unit, or individual, the person issuing the inspection decision must issue the inspection conclusion.

6. The inspection conclusion must include the following contents:

a) Conclusion on the implementation of the provisions of the Anti-Corruption Law, guiding documents for implementing the Anti-Corruption Law, and other relevant legal provisions on anti-corruption by the inspected authority, organization, unit, or individual;

b) Conclusion on the responsibility of the inspected authority, organization, unit, or individual, including the conclusion on the responsibility of the head of the inspected authority, organization, unit, or individual;

c) Requirements for the inspected authority, organization, unit, or individual regarding measures to be implemented to ensure compliance with the provisions of the Anti-Corruption Law, guiding documents for implementing the Anti-Corruption Law, and other relevant legal provisions on anti-corruption;

d) Specific measures for handling violations (if any).

7. The inspection conclusion must be sent to the inspected authority, organization, unit, or individual and made public at the headquarters of the inspecting authority, organization, unit, and the headquarters of the inspected authority, organization, unit, or workplace of the inspected individual.

Article 30. Responsibilities of agencies, organizations, units, and individuals subject to inspection

Agencies, organizations, units, and individuals subject to inspection shall have the following responsibilities:

1. To comply with the inspection decision;

2. To cooperate, provide accurate, complete, and timely information and documents as required by the inspection team or inspector;

3. To strictly implement all requirements of the inspection team or inspector; decisions and conclusions of the person issuing the inspection decision.

PART 2

INSPECTION OF THE IMPLEMENTATION OF LAWS ON

PREVENTION AND COMBATING CORRUPTION

Article 31. Contents of Inspection

1. Reviewing and evaluating the implementation of laws on prevention and combating corruption by agencies, organizations, and units, including:

a) Transparency in the activities of agencies, organizations, and units;

b) Establishing and implementing systems, norms, and standards;

c) Conduct rules, professional ethics, and job rotation of officials, civil servants, and public employees;

d) Transparency in assets and income;

đ) Other provisions of laws on prevention and combating corruption.

2. Reviewing and concluding on the responsibility of the heads of agencies, organizations, and units in organizing and directing the implementation of laws on prevention and combating corruption.

Article 32. Grounds for Conducting Inspections

Inspections shall be conducted when there is one of the following grounds:

1. The annual inspection plan has been approved by the head of the same-level management agency;

2. A request from the head of the same-level management agency;

3. When signs of violations of laws on prevention and combating corruption are discovered.

Article 33. Inspection Authority

1. The Government Inspectorate shall inspect the implementation of laws on prevention and combating corruption by ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

2. Provincial Inspectors shall inspect the implementation of laws on prevention and combating corruption by departments and sectors under provincial People's Committees, district-level People's Committees, and units under the management of provincial People's Committees.

3. District Inspectors shall inspect the implementation of laws on prevention and combating corruption by departments and offices under district-level People's Committees, commune-level People's Committees, and units under the management of district-level People's Committees.

4. Ministry Inspectors and Department Inspectors shall have the authority to inspect the implementation of laws on prevention and combating corruption by organizations and units directly under their management.

5. The Chief Inspector shall direct and urge state inspectors to carry out inspections of the implementation of laws on prevention and combating corruption.

Article 34. Responsibilities of Heads of State Management Agencies Regarding Inspection Activities on the Implementation of Laws on Prevention and Combating Corruption

The heads of state management agencies shall have the following responsibilities:

1. To approve the inspection plan for the implementation of laws on prevention and combating corruption by the same-level state inspectorate;

2. To direct and create conditions regarding funding and personnel for the same-level state inspectorate to conduct inspection activities on the implementation of laws on prevention and combating corruption;

3. To require agencies, organizations, and units to implement recommendations made by the state inspectorate during inspection activities on the implementation of laws on prevention and combating corruption;

4. To bear legal responsibility when acts of violation of regulations on inspection activities occur.

Article 35. Annual Inspection Plan Development

1. Annually, the Government Inspectorate shall be responsible for guiding ministries, sectors, and localities in developing plans to inspect the implementation of laws on preventing and combating corruption.

2. State inspection agencies shall be responsible for assisting heads of management agencies at the same level in drafting annual inspection plan proposals and submitting them for comments from higher-level state inspection agencies no later than the last working day of October each year.

3. Higher-level state inspection agencies shall provide written responses to state inspection agencies that have sought opinions no later than the last working day of November each year.

4. Heads of management agencies shall approve and publicize the annual inspection plan no later than the last working day of December each year.

5. The inspection plan shall include the following contents:

a) Agencies, organizations, units, and individuals subject to inspection;

b) Contents of inspections;

c) Timeframes for conducting inspections.

Article 36. Duties, Powers of the Decision-Maker for Inspections, Head of Inspection Teams, Members of Inspection Teams; Procedures and Formalities for Conducting Inspections

1. During the course of conducting inspections, the decision-maker for inspections, head of inspection teams, and members of inspection teams shall perform duties and exercise powers as prescribed by laws on inspections.

2. Procedures, formalities, and timeframes for conducting inspections to verify the implementation of laws on preventing and combating corruption shall be carried out in accordance with laws on inspections.

Article 37. Inspection Conclusions

a) Conclusions on the inspected matters;

b) Conclusions on the responsibility of the heads of enterprises and organizations under inspection in organizing and directing the implementation of laws on preventing and combating corruption at different levels: lack of responsibility in management; weakness in management capacity;

b) Conclusions regarding the responsibility of the heads of agencies, organizations, and units under inspection in organizing and directing the implementation of laws on preventing and combating corruption;

c) Recommendations for measures to address shortcomings and deficiencies in the implementation of laws on preventing and combating corruption by agencies, organizations, and units under inspection;

d) Recommendations for handling the responsibility of the heads of agencies, organizations, and units for violations of laws on preventing and combating corruption as stipulated in Clause 1, Article 31 of this Decree.

2. In cases where violations of laws on preventing and combating corruption indicate criminal offenses, the person issuing the inspection conclusion shall recommend and transfer the case file to investigative agencies and the Public Prosecutor's Office for criminal prosecution of the violators.

Article 38. Rights and Obligations of Agencies, Organizations, Units, and Individuals Subject to Inspection

Rights and obligations of agencies, organizations, units, and individuals subject to inspection shall be implemented in accordance with laws on inspections.

Chapter V

REPORTING CORRUPTION

PART 1:

COMPETENCE, PROCEDURES FOR RECEIVING AND HANDLING AND

SETTLING REPORTS OF CORRUPTION

Article 39. Establishment and Publicizing of Reporting Forms

Police agencies and state inspection agencies authorized to handle reports shall have the obligation to establish and publicize telephone numbers, email boxes, and addresses for receiving reports on acts of corruption.

Article 40. Responsibilities for Receiving Reports and Competence for Handling and Resolving Reports of Corruption Acts

1. Responsibilities for receiving reports and competence for resolving reports of corruption acts shall be carried out in accordance with the Law on Petitions and Complaints, the Law on Preventing and Combating Corruption, and this Decree.

2. Within ten days from the date of receiving a report, police agencies and state inspection agencies must transfer the complaint file to competent agencies, organizations, or individuals for resolution and notify the complainant in writing; if the report falls within their jurisdiction, they shall handle and resolve it and notify the complainant in writing upon request.

3. Agencies, organizations, or individuals receiving reports transferred by the Central Steering Committee for Preventing and Combating Corruption shall be responsible for handling and resolving them and reporting the results to the Steering Committee.

Article 41. Forms of Reporting Corruption Acts

1. Citizens report corruption acts through the following forms:

a) Direct reporting;

b) Sending a complaint letter;

c) Reporting via telephone;

d) Reporting through data messages.

2. The reporter must clearly state their name, address, content of the report, and provide related information and documents concerning the reported content.

3. Reports about corruption acts where the reporter uses a false name, unclear content of the report, lacks evidence, or re-files reports that have already been resolved by competent authorities without new evidence shall not be considered or resolved.

Article 42. Procedures for Receiving Reports on Corruption Acts Through Various Forms

1. When citizens report directly, the person receiving the report must record the content of the report, the name and address of the reporter, and if necessary, record the voice of the report. The recorded content of the report must be read back to, listened to, and confirmed by the reporter. The date of receiving the report is counted from the day the reporter signs to confirm the content of the report.

2. Procedures for receiving reports on corruption acts through sending complaint letters:

a) In cases where the complaint letter is sent by mail, the date of receiving the report is the date the complaint letter is received;

b) In cases where the complaint letter is delivered directly, the person receiving it must issue a receipt; the date of receiving the complaint letter is the date recorded on the receipt.

3. Immediately upon receiving reports through telephone or data messages, the agencies, organizations, or individuals receiving the reports must verify the name and address of the reporter based on the provided information, apply measures within their authority or request competent agencies or organizations to take necessary measures to promptly detect and prevent corruption acts.

4. For reports without clear names and addresses of the reporters but with clear content and specific evidence, which have a basis for verification and investigation, competent agencies, organizations, or individuals should study and refer to the provided information to serve anti-corruption work.

Article 43. Procedures for Handling and Resolving Reports on Corruption Acts

1. Procedures for handling and resolving reports on corruption acts are carried out in accordance with laws on complaints, the Law on Prevention and Control of Corruption, and this Decree.

2. The decision on handling the report must be publicly announced and sent to the police agency, state audit agency at the same level, and sent to the reporter upon request.

3. In cases where the conclusion of the reported content is found to be untrue, the competent agency, organization, or individual handling the report must publicly announce such conclusion and handle or recommend the competent authority to handle the person who intentionally reports falsely, if requested by the accused.

Article 44. Handling Violations in Receiving, Handling, and Resolving Reports

1. If a person responsible for receiving reports fails to receive the report, deliberately delays, or does not transfer the report to the competent agency, organization, or individual for resolution, they will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

2. If a person responsible for resolving reports fails to handle the report or resolve it, they will be subject to disciplinary action depending on the nature and severity of the violation; if they deliberately violate the provisions on reporting and handling reports under the Law on Prevention and Control of Corruption, this Decree, and laws on reporting due to personal motives, they will be deemed to have failed to perform their duties or public service for personal gain as stipulated in Clause 11, Article 3 of the Law on Prevention and Control of Corruption and be subject to disciplinary action or criminal responsibility according to the law.

PART 2

PROTECTION AND REWARD FOR REPORTERS

Article 45. Prohibited Acts and Sanctions for Violations

1. The following acts are strictly prohibited:

a) Threatening or infringing upon the life, health, property, reputation, and dignity of the complainant or their relatives;

b) Threatening or infringing upon the lawful rights and interests, business activities, and professions of the complainant or their relatives;

c) Obstructing or creating difficulties for the exercise of the lawful rights and interests of the complainant in terms of rank promotion, salary increase, allowances, rewards, appointment, and other lawful rights and interests of the complainant or their relatives;

d) Discriminating against or inciting others to obstruct the performance of duties and public services of the complainant or their relatives;

đ) Imposing disciplinary measures contrary to the law, changing the work of the complainant or their relatives with the motive of reprisal.

2. Any person who commits acts as prescribed in Clause 1 of this Article shall be subject to disciplinary sanctions, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Article 46. Rights, Obligations, and Responsibilities of the Complainant Reporting Corruption

1. The complainant who has offered a bribe and voluntarily reports it before being discovered shall have the bribe money returned.

2. The complainant has the right to request competent authorities and organizations to take necessary measures to prevent violations, protect their lawful rights and interests when threatened, retaliated against, or subjected to reprisals.

3. The complainant has the obligation to report truthfully, provide complete information within their knowledge, and cooperate with competent authorities, organizations, and individuals in resolving complaints.

4. In cases where the complainant abuses the right to report to cause disturbances, make false reports, or infringe upon the reputation, dignity, and credibility of authorities, organizations, or individuals, they shall be subject to disciplinary sanctions, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Article 47. Responsibilities of Authorities, Organizations, Units, and Individuals in Protecting the Complainant Reporting Corruption

1. Authorities, organizations, and individuals receiving and resolving complaints have the responsibility to apply necessary measures to keep the identity of the complainant confidential; they may not disclose the name, address, handwriting, or other information related to the complainant.

2. Authorities, organizations, units, and individuals receiving requests from the complainant or their relatives when threatened, retaliated against, or subjected to reprisals must promptly apply or recommend competent authorities to apply protective measures for the complainant and their relatives as follows:

a) Protecting the life, health, property, reputation, and dignity of the complainant and their relatives;

b) Suspending or temporarily suspending administrative decisions, preventing unlawful administrative actions motivated by retaliation or reprisal causing or threatening to cause damage to the complainant and their relatives;

c) Promptly and strictly handling or recommending competent authorities to handle threats, retaliation, and reprisals against the complainant and their relatives.

Article 48. Rewarding persons who report acts of corruption

Persons who truthfully and actively cooperate with competent authorities, organizations, and individuals in detecting, preventing, and handling acts of corruption shall be awarded certificates of merit or commendations from competent authorities, organizations, and units, and shall be considered for material rewards.

Chapter VI

CONSTRUCTION AND IMPLEMENTATION OF REGULATIONS, STANDARDS, AND QUOTAS

Article 49. Construction, issuance, and implementation of regulations, standards, and quotas

1. The head of the state administrative agency responsible for constructing, issuing regulations, standards, and quotas shall have the responsibility to:

a) Organize and direct the public disclosure of regulations, standards, and quotas issued by agencies under their management authority;

b) Based on the regulations, standards, and quotas issued by agencies under their management authority, guide agencies, organizations, and units in constructing, issuing, publicly disclosing, and implementing regulations, standards, and quotas applicable to those agencies, organizations, and units;

c) Be held legally accountable for violations of provisions concerning the construction, issuance, public disclosure, and guidance on the implementation of regulations, standards, and quotas as stipulated in the Law on Prevention and Control of Corruption, this Decree, and other legal documents regarding regulations, standards, and quotas.

2. The head of the agency, organization, or unit shall be responsible for organizing, directing, inspecting, and urging the construction, issuance, public disclosure, and implementation of regulations, standards, and quotas applicable to the agency, organization, or unit under their management.

Article 50. Handling Violations of Regulations on Standards, Quotas, and Norms

1. A person who violates regulations on standards, quotas, and norms shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution according to the law.

2. A person who directs, permits, or proposes the use exceeding standards, quotas, and norms shall, depending on the degree of responsibility, compensate for the value of the excess usage; the person using in excess of standards, quotas, and norms shall be jointly liable for compensating for the value of the excess usage.

3. A person who directs, permits, or proposes the implementation of economic-technical standards lower than prescribed levels for personal gain shall, depending on the degree of responsibility, compensate for the value of the lower usage permitted; a person benefiting from the implementation of lower economic-technical standards shall be jointly liable for compensating for the value of the benefit received.

4. In cases where violations of standards, quotas, and norms cause damage or loss of property or require corrective measures, the person violating as stipulated in Clause 2 and Clause 3 of this Article must bear responsibility for compensating for the damage or costs of corrective measures.

Chapter VII

OTHER PROVISIONS

Article 51. Reforming Payment Methods and Managing Cash Transactions for Officials, Civil Servants, and Public Employees

1. The Government shall apply financial and technological solutions to ensure that all expenditures for persons holding positions and powers as specified in Points a, b, and c of Clause 3, Article 1 of the Law on Prevention and Control of Corruption and other transactions using state budget funds must go through bank accounts.

2. The Minister of Finance shall take the lead and coordinate with the Governor of the State Bank of Vietnam and the Minister of Home Affairs to develop a plan to manage the income and expenses of officials, civil servants, and public employees through personal bank accounts.

Article 52. International Cooperation in Preventing and Combating Corruption

1. International cooperation projects on preventing and combating corruption as prescribed in Clause 1 of Article 90 of the Law on Prevention and Combating Corruption must seek the opinions of the Government Inspectorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Foreign Affairs before submitting to the competent authority for approval.

2. The results of these projects' activities must be reported to the Central Steering Committee on Preventing and Combating Corruption, the Prime Minister, and sent to the Government Inspectorate for inclusion in the common database on preventing and combating corruption as stipulated in Article 25 of this Decree.

3. Judicial assistance, extradition, and asset recovery activities as prescribed in Clause 2 of Article 90 of the Law on Prevention and Combating Corruption must be reported to the Central Steering Committee on Preventing and Combating Corruption.

Article 53. of the Anti-Corruption Merit Fund

1. A reward fund for preventing and combating corruption shall be established to award entities, organizations, and individuals with outstanding achievements in anti-corruption work.

2. The reward fund for preventing and combating corruption shall be sourced from the state budget, allocated from assets recovered from corruption cases, and contributions from organizations and individuals.

3. Management and utilization of the reward fund for preventing and combating corruption shall be carried out by the Central Steering Committee on Preventing and Combating Corruption in accordance with the State Budget Law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 54. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 55. Responsibility for Implementation

The Minister, Heads of Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under central cities, and relevant agencies, organizations, and units are responsible for implementing this Decree./.