Decree No. 134/2021/ND-CP Amending and supplementing certain articles of Decree No. 59/2019/ND-CP dated July 1, 2019 of the Government detailing some provisions and measures to implement the Law on Prevention and Combating Corruption.

DECREE

Amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Prevention and Combating Corruption

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Prevention and Combating Corruption.

Article 1. Amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Prevention and Combating Corruption

1. Amending Point i Clause 1 Article 1 as follows:

"i) Article 94 regarding the handling of other acts violating laws on prevention and combating corruption within agencies, organizations, and units."

2. Amending Clause 3 Article 21 as follows:

"3. The Minister, Head of a ministerial-level agency, and Chairman of the People's Committee of a province shall be responsible before the Prime Minister for the results of their sectoral or provincial assessment and shall submit the assessment results for the Government Inspectorate to review, assess, and consolidate."

3. Amending Clause 1 Article 31 as follows:

"1. The head of the agency, organization, or unit managing and using individuals with positions and powers has the authority to receive and process information and reports about conflicts of interest. Within five working days from the date of receipt of such information or report, the head of the agency, organization, or unit shall decide or propose the person with management authority over that individual to apply one of the conflict of interest control measures provided for in Articles 32, 33, and 34 of this Decree or handle it according to the law."

4. Amending Clause 2 Article 34 as follows:

"2. Within five days from the date of having the basis as stipulated in Clause 1 of this Article, the head of the agency, organization, or unit shall decide or propose the person with management authority over the individual with position and power to decide to suspend the performance of duties or tasks for the individual with position and power."

5. Amending Point b Clause 2 Article 44 as follows:

"b) Revoking the decision to temporarily suspend work or temporarily transfer to another position for an individual with position and power after the competent authority concludes that they did not commit acts of corruption."

6. Amending Point d Clause 1 Article 45 as follows:

"d) Proposing the person who made the decision to temporarily suspend work or temporarily transfer to another position to revoke the temporary suspension or temporary transfer decision after the competent authority concludes that they did not commit acts of corruption."

7. Amending Clause 1 Article 48 as follows:

"1. Within five working days from the date the competent agency or organization concludes that the individual with position and power did not commit acts of corruption, the person who issued the decision must revoke the decision to temporarily suspend work or temporarily transfer to another position for the individual with position and power."

8. Amending Article 52 as follows:

"Article 52. Restoring the legitimate rights and interests of individuals with position and power after the competent agency or organization concludes that they did not commit acts of corruption

Individuals who were temporarily suspended from work or temporarily transferred to another position may return to their original position after the competent agency or organization concludes that they did not commit acts of corruption; they shall be publicly apologized and compensated for losses caused by unlawful actions in issuing decisions to temporarily suspend work or temporarily transfer to another position according to the law."

9. Amending Point d Clause 2 Article 76 as follows:

"d) A particularly serious corruption case is a case where the person committing corruption is punished with imprisonment for more than fifteen years up to twenty years, life imprisonment, or death penalty."

10. Amending Sub-item 1, Item IX, Part B Appendix List of Positions Required to Rotate Regularly as follows:

"1. Issuing land use right certificates, land leasing, land allocation, ownership, and use rights of assets attached to land."

11. Amending Sub-item 1, Item X, Part B Appendix List of Positions Required to Rotate Regularly as follows:

"1. Managing animals listed in the rare and precious category."

Article 2. Implementation clause

This Decree takes effect from February 15, 2022.

Article 3. Responsibility for Implementation

The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city shall be responsible for implementing this Decree.