Decision No. 13/2007/QĐ-TTg On the establishment, functions, tasks, powers, organization, and operational regulations of the Office of the Central Steering Committee for Preventing and Combating Corruption

Pursuant to …;

Regarding the establishment, functions, tasks, powers, organization, and operational regulations of the Office of the Central Steering Committee for Preventing and Combating Corruption

______________________________

PRIME MINISTER

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

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

Pursuant to Resolution No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the Standing Committee of the National Assembly on the organization, tasks, powers, and operational regulations of the Central Steering Committee for Preventing and Combating Corruption;

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 Law on Prevention and Combating Corruption;

Considering the proposal of the Director of the Office of the Central Steering Committee for Preventing and Combating Corruption.

DECISION:

Article 1. Establishment, position, and functions of the Office of the Central Steering Committee for Preventing and Combating Corruption

1. Establish the Office of the Central Steering Committee for Preventing and Combating Corruption.

2. The Office of the Central Steering Committee for Preventing and Combating Corruption (hereinafter referred to as the Office of the Steering Committee) is a specialized agency assisting the Central Steering Committee for Preventing and Combating Corruption (hereinafter referred to as the Steering Committee) and the Chairman of the Central Steering Committee for Preventing and Combating Corruption (hereinafter referred to as the Chairman of the Steering Committee); it has the function of advising and organizing services for the activities of the Steering Committee and the Chairman of the Steering Committee.

3. The Office of the Steering Committee has its main office located in Hanoi; it has legal personality, and an account at the State Treasury; it is authorized to use a seal bearing the National Emblem according to the provisions of the law.

Article 2. Tasks of the Office of the Steering Committee

The Office of the Steering Committee shall perform the following tasks:

1. Drafting programs, plans, and reports on the work of the Steering Committee and the Chairman of the Steering Committee, submitting them to the Steering Committee and the Chairman of the Steering Committee; participating in discussions on programs, plans, projects, and draft documents related to preventing and combating corruption submitted to the Steering Committee and the Chairman of the Steering Committee by agencies, organizations, and localities.

2. Taking the lead or coordinating in preparing the content, organizing, and serving meetings and working sessions of the Steering Committee and the Chairman of the Steering Committee with agencies, organizations, units, localities, and individuals; informing relevant agencies, organizations, and individuals about directives and conclusions of the Steering Committee and the Chairman of the Steering Committee regarding anti-corruption work; monitoring, urging, and inspecting the implementation of directives and conclusions of the Steering Committee and the Chairman of the Steering Committee that have been announced by the Office of the Steering Committee.

3. Studying and proposing preventive measures against corruption; participating in drafting normative legal documents on preventing and combating corruption.

4. Advising and assisting the Steering Committee and the Chairman of the Steering Committee in the following matters:

a) Drafting programs and plans for preventing and combating corruption by the Steering Committee; inspecting, urging, summarizing, concluding, and evaluating the implementation of such programs;

b) Urging inspection, audit, investigation activities serving anti-corruption work; urging and directing the inspection of investigative, prosecution, and trial activities of serious and complex corruption cases that attract public attention; organizing inspections of the handling of some serious and complex corruption cases, reporting to the Steering Committee and the Chairman of the Steering Committee;

c) Coordinating the activities of inspection, audit, investigation, prosecution, and court organs in the work of preventing, detecting, and punishing acts of corruption;

d) Inspecting and urging the resolution of complaints, suggestions, reflections, appeals, and information on corruption and anti-corruption work;

đ) Inspecting the management, provision, and dissemination of information on the situation and anti-corruption work; directing the handling of violations in this field;

e) Monitoring and urging the activities of specialized anti-corruption units under the Ministry of Public Security, the Government Inspectorate, and the Supreme People's Procuracy; guiding and urging the activities of provincial and municipal steering committees for preventing and combating corruption directly under the central government;

5. Advising the Prime Minister - Chairman of the Steering Committee on the following matters:

a) Handling the responsibility of heads of agencies, organizations, and units within the authority of the Prime Minister to handle, and recommending or requesting the examination and handling of heads of other agencies, organizations, and units when these individuals allow corruption to occur in their own agencies, organizations, or units;

b) Handling individuals who show signs of corruption or engage in corrupt acts as stipulated in Clauses 4, 5, and 6 of Article 5 of Resolution No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the Standing Committee of the National Assembly.

6. In case of request or when deemed necessary, reporting and recommending to the Prime Minister - Chairman of the Steering Committee on issues related to corruption (if any) of cadres and civil servants within the authority of the Prime Minister to appoint.

7. Assisting the Steering Committee and the Prime Minister - Chairman of the Steering Committee in overseeing and directing international cooperation activities on preventing and combating corruption in accordance with the law; implementing international cooperation on preventing and combating corruption according to the program approved by the Prime Minister - Chairman of the Steering Committee.

8. Managing organizational structure, staffing, implementing salary systems, and incentive policies, rewards, and disciplinary actions for cadres and civil servants under its management authority.

9. Managing financial resources and assets assigned; preparing the budget for the Office of the Steering Committee's operations and requesting the Government to submit to the National Assembly for approval; organizing the implementation of the allocated budget in accordance with the law.

10. Managing and using the reward fund for preventing and combating corruption in accordance with the law.

11. Ensuring material and technical conditions for the activities of the Steering Committee.

12. Performing other tasks assigned by the Steering Committee and the Prime Minister - Chairman of the Steering Committee.

Article 3. Powers of the Office of the Steering Committee

1. The Office of the Steering Committee has the following powers:

a) Requesting agencies, organizations, units, and competent authorities to provide information and documents on the situation of corruption and the results of anti-corruption work in their respective agencies, organizations, and units.

b) Request agencies, organizations, units, and persons with authority to implement measures to protect whistleblowers reporting acts of corruption, participate and perform anti-corruption tasks; propose rewards for agencies, organizations, units, and individuals with outstanding achievements in anti-corruption work in accordance with the law; recommend handling those who abuse anti-corruption efforts to defame or harm others;

c) Under the authorization of the Chairman of the Steering Committee, the Director of the Steering Committee's Office shall chair meetings and work sessions with the heads of Party Committees, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy; Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Councils, Chairmen of Provincial People's Committees, and leaders of political-social organizations to discuss issues related to anti-corruption work that have differing opinions among agencies and organizations for submission to the Steering Committee and the Chairman of the Steering Committee for consideration and decision;

2. Summon officials, civil servants, and public employees of relevant agencies and organizations according to the directives of the Chairman of the Steering Committee; when necessary, invite experts, utilize advisory staff, collaborators, or undertake other tasks to serve the work of the Steering Committee and the Chairman of the Steering Committee;

3. Officials and civil servants of the Steering Committee's Office assigned to monitor anti-corruption activities of agencies, organizations, units, and localities, or assigned to handle matters within the Office's jurisdiction, may attend meetings and work sessions with agencies, organizations, units, localities, or individuals regarding matters related to anti-corruption work;

Article 4. System, policies, and working conditions of the Steering Committee's Office

1. Officials and civil servants of the Steering Committee's Office shall be entitled to responsibility allowances in anti-corruption activities in accordance with the law;

2. The Steering Committee's Office shall be equipped with necessary means for its operations;

Article 5. Working system of the Steering Committee's Office

1. The Steering Committee's Office operates under a directorate system combined with a specialist system based on the principle of democratic centralism;

2. Quarterly, the Steering Committee's Office organizes coordination meetings with Party Committees, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, the Central Committee of the Vietnam Fatherland Front, the Government Inspectorate, and central-level ministries and agencies to exchange information and oversee anti-corruption work in courts and procuracies, ministries, government agencies, provincial people's committees, and provincial people's councils;

3. Regularly monthly, semi-annually, and annually, report the activities of the Steering Committee's Office to the Steering Committee;

Article 6. Work relations of the Steering Committee's Office

1. Coordinate with the Supreme People's Court, the Supreme People's Procuracy, ministries, agencies equivalent to ministries, government agencies, provincial people's councils, and provincial people's committees to exchange information, monitor, and urge anti-corruption work in courts, procuracies, ministries, government agencies, and provincial people's committees and councils;

2. Coordinate with agencies and organizations managed or overseen by Steering Committee members to develop their work programs and assist them in performing assigned tasks by the Steering Committee and the Chairman of the Steering Committee;

3. Assist the Steering Committee in coordinating with the National Assembly's Ethnic Council and Standing Committees in supervising anti-corruption work in accordance with the Anti-Corruption Law; submit regular and urgent reports on the Steering Committee's anti-corruption work as stipulated in Clause 4, Article 14 of Resolution No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the National Assembly's Standing Committee to the National Assembly's Committee on Legal Affairs;

4. Assist the Steering Committee in coordinating with Party Committees and Central-Level Party Committees in monitoring anti-corruption work in Party Committees and Central-Level Party Committees; coordinate with the Central Internal Affairs Commission in overseeing anti-corruption work in internal affairs agencies;

5. Coordinate with the Government Office in exchanging and providing information and materials on the situation and anti-corruption work; advise the Chairman of the Steering Committee on directing anti-corruption work within the Office's responsibilities; express opinions on draft regulations on anti-corruption work submitted by agencies, organizations, and localities to the Steering Committee and the Chairman of the Steering Committee; develop work programs for the Chairman and Deputy Chairmen of the Steering Committee;

6. Assist the Steering Committee in coordinating with the Central Committee of the Vietnam Fatherland Front and its member organizations in supervising and implementing anti-corruption work in accordance with the law;

Article 7. Organizational structure of the Steering Committee's Office

The Steering Committee's Office has a Director; several Deputy Directors, and functional Departments;

1. Director and Deputy Directors of the Steering Committee's Office

a) The Director of the Steering Committee's Office (hereinafter referred to as the Director) is the head of the Office, equivalent to a Minister, appointed and relieved from office by the Prime Minister - Chairman of the Steering Committee, responsible before the Steering Committee, the Chairman of the Steering Committee, and the law for all activities of the Steering Committee's Office;

b) The Deputy Director of the Steering Committee's Office (hereinafter referred to as the Deputy Director) is equivalent to a Deputy Minister, appointed and relieved from office by the Prime Minister - Chairman of the Steering Committee, assists the Director in certain areas of work, and is responsible before the Director and the law for the tasks assigned to manage;

2. The Steering Committee's Office has the following functional Departments:

a) Department for Monitoring Anti-Corruption Work of Central Agencies and Organizations (referred to as Department I);

b) Department for Monitoring Anti-Corruption Work at Local Levels (referred to as Department II);

c) Department for Monitoring the Handling of Serious and Complex Corruption Cases (referred to as Department III);

d) The Department for Monitoring, Handling Complaints and Appeals on Corruption (referred to as Department IV);

đ) The Department for Information, Propaganda and Education (referred to as Department V);

e) The Department for Research, Synthesis, International Relations (referred to as Department VI);

g) The Department for Administrative Affairs, Organizational Management, Financial Administration (referred to as Department VII);

h) The Department for Southern Region Affairs (referred to as Department VIII, with its headquarters located in Ho Chi Minh City).

3. The establishment, merger, or dissolution of functional departments as provided for in Clause 2 of this Article shall be decided by the Prime Minister - Chairman of the Steering Committee upon the proposal of the Director of the Steering Committee's Office.

4. Each functional department as provided for in Clause 2 of this Article shall have divisions, which shall be decided by the Director of the Steering Committee's Office regarding their establishment, merger, or dissolution.

5. The staffing of the Steering Committee's Office is administrative staffing, decided annually by the Prime Minister - Chairman of the Steering Committee based on assigned tasks and proposed by the Director of the Steering Committee's Office.

Article 8. Duties and powers of the Director of the Office

The Director of the Office has the following duties and powers:

1. Managing and directing the activities of the Steering Committee's Office; deciding matters within the scope of functions, tasks, and powers of the Steering Committee's Office and bearing legal responsibility for such decisions.

2. Deciding the work program, plan, and working regulations of the Steering Committee's Office; specifying the functions, tasks, powers, and organizational structure of the functional departments under the Steering Committee's Office.

3. Assigning tasks to Deputy Directors of the Office.

4. Overseeing organizational and personnel affairs of the Steering Committee's Office; deciding on recruitment, appointment, removal from office, commendation, disciplinary action, and approval of resignation for officials, civil servants, and employees under the functional departments of the Steering Committee's Office in accordance with the law.

5. Leading and coordinating with relevant agencies to develop and submit to the Chairman of the Steering Committee for issuance the working regulations and remuneration for consultants, collaborators, or individuals performing certain tasks of the Steering Committee and the Steering Committee's Office as prescribed by law.

6. Implementing regular and ad hoc reporting to the Chairman of the Steering Committee on the situation and results of the activities of the Steering Committee's Office.

7. Signing documents within the authority of the Director of the Office or authorized by the Chairman of the Steering Committee.

8. The Director of the Steering Committee's Office may be invited to attend sessions of the Government, meetings chaired by the Prime Minister or Deputy Prime Ministers related to anti-corruption efforts.

Article 9. Effectiveness and Responsibility for Implementation

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

2. Members of the Steering Committee, the Director of the Steering Committee's Office; Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils, Chairpersons of Provincial People's Committees, central cities, relevant agencies, organizations, units, and individuals shall be responsible for implementing this Decision./.