Decision No. 1354/QD-BNV On the issuance of the Code of Conduct for civil servants, officials working in administrative agencies and units under the Ministry of Home Affairs

Pursuant to …;

Regarding the issuance of conduct rules for civil servants working in administrative agencies and public institutions under the Ministry of Home Affairs

______________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Anti-Corruption Law dated December 9, 2005;
Pursuant to the Civil Servant Ordinance dated February 26, 1998; the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 28, 2000 and the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 29, 2003;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Considering the proposal of the Director of the Cadre Organization Department,

DECISION:

Article 1. Issued herewith with this Decision are the Conduct Rules for civil servants working in administrative agencies and public institutions under the Ministry of Home Affairs.

Article 2. This Decision shall take effect from the date of signing.

Article 3. The Head of the Ministry's Office, the Director of the Cadre Organization Department, Heads of agencies and units under the Ministry and civil servants of the Ministry of Home Affairs shall be responsible for implementing this Decision.

CONDUCT RULES

FOR CIVIL SERVANTS WORKING IN ADMINISTRATIVE AGENCIES AND PUBLIC INSTITUTIONS UNDER THE MINISTRY OF HOME AFFAIRS
(Issued together with Decision No. 1354/QD-BNV dated October 22, 2008 of the Minister of Home Affairs)

Chapter 1

GENERAL PROVISIONS

Article 1Scope of Application

These rules stipulate the behavioral standards for civil servants of the Ministry of Home Affairs when performing their duties and in social relations.

Article 2. Applicability

The subjects to which these rules apply are civil servants working in administrative agencies and public institutions under the Ministry of Home Affairs (hereinafter referred to as civil servants of the Ministry of Home Affairs), including:

1. The Minister and Deputy Ministers of the Ministry.

2. Heads and deputies of heads of administrative agencies and public institutions under the Ministry.

3. Persons recruited and appointed to administrative civil service positions, working in the Ministry of Home Affairs, the National Archives and Records Administration Agency, the Central Propaganda and Awards Board Agency, the State Cryptographic Agency, and the State Religious Affairs Agency.

4. Persons recruited and appointed to staff positions, working in public institutions under the Ministry of Home Affairs, including fields such as scientific research, training and development; archives; information and journalism; informatics; cryptography and publishing.

5. Persons working under labor contracts in agencies and units under the Ministry of Home Affairs.

Article 3. Purpose

1. Ensuring integrity and responsibility of civil servants.

2. Enhancing the sense of responsibility of civil servants of the Ministry of Home Affairs in anti-corruption work.

3. Serving as a basis for agencies and units under the Ministry to handle responsibilities according to their delegated authority when civil servants violate behavioral standards while performing their duties and in social relations.

4. Serving as a basis for organizations and citizens to supervise the compliance with laws by civil servants of the Ministry of Home Affairs, thereby contributing to effectively implementing democratic regulations within agencies and units under the Ministry.

Chapter 2

MATTERS THAT CIVIL SERVANTS OF THE MINISTRY OF HOME AFFAIRS MUST DO AND MUST NOT DO WHEN PERFORMING DUTIES

Article 4. Matters that must be done by civil servants when performing duties.

1. When performing duties, they must comply with decisions of the head of the directly managing agency or unit. In case there is a decision from a higher-level management body than the directly managing one, civil servants must implement the decision of the highest authority, while having the responsibility to report the results of implementation to their direct supervisor (except for matters classified as secret).

2. When implementing a decision of an authority, if they discover that the decision is contrary to the law or not suitable to reality, they must immediately report to the person who made the decision. If they still have to comply with the decision, they must report it to the immediate superior of the decision-maker and will not bear the consequences resulting from the implementation of the decision.

3. When implementing decisions of leaders and managers at various levels, they must coordinate with other civil servants in the same agency or unit and those in related agencies, units, and organizations to ensure effective performance of duties.

4. When assigned to answer, guide, and resolve requests from agencies, units, and citizens regarding matters within their assigned authority and responsibility, civil servants must responsibly provide accurate and complete necessary information and ensure compliance with prescribed deadlines. If the deadline needs to be extended, they must clearly explain the reasons and publicly notify the agencies, units, and citizens. While performing duties, they must listen to and absorb feedback from agencies, units, organizations, and citizens, and must be accountable for their actions according to the law.

5. When working at the office of the agency or unit, they must wear formal attire, wear identification badges as prescribed; comply with working hours and labor discipline in the agency or unit; refrain from using working hours for personal matters; avoid causing noise and engaging in uncivilized behavior in the workplace; uphold the reputation and honor of the agency, unit, leadership, and colleagues.

6. When interacting with superiors, colleagues, or citizens, or with civil servants from other agencies and organizations in society, they must maintain a respectful, open-minded, courteous, amiable, and civilized attitude.

7. Leaders and managers of agencies and units must promptly understand the aspirations, abilities, and psychology of subordinates when managing and directing the execution of tasks, adopting appropriate methods of management, task allocation, and scheduling to fully utilize their capabilities, experience, creativity, and initiative in task execution; they must promote democracy; show compassion, respect, and build trust among subordinates; protect the honor of subordinates when they are falsely accused or reported.

8. When performing their duties, officials, civil servants, and public employees must respect leaders at all levels; obey superiors and fulfill assigned tasks; promote self-reliance and accountability; and contribute to the activities and management of the head of the agency or unit.

9. In relations with colleagues, officials, civil servants, and public employees must be sincere and enthusiastic, ensuring unity and solidarity to accomplish their own tasks and those of the agency or unit.

Article 5. Matters that officials, civil servants, and public employees are not permitted to engage in when performing their duties and public services:

1. They shall not violate or act contrary to the provisions set forth in Article 4 of this Code of Conduct.

2. They shall not offer, accept, or suggest bribery in any form; they shall not impersonate others to handle affairs; nor shall they abuse the name of the agency or the head of the agency or unit to resolve personal matters.

3. When performing their duties and public services, if adverse consequences arise affecting the operations of their own agency or unit, other agencies or units, or infringing upon the legitimate rights, dignity, and reputation of citizens, they shall bear responsibility according to the law.

4. While performing their duties and public services, they shall not intentionally prolong the time or refuse to cooperate with other officials, civil servants, and public employees within their own agency or unit, or from other agencies, organizations, or citizens related to the matter.

5. Upon receiving reports from organizations or citizens regarding their non-compliance with legal regulations while performing their duties, they must promptly correct and rectify the situation without concealing, covering up, or distorting the content of the report.

6. They shall not distort files or documents related to the requirements of agencies, units, organizations, or citizens when tasked with resolving them.

7. They shall not disclose state secrets, work-related secrets, or the contents of complaints and denunciations submitted by agencies, units, organizations, or citizens as stipulated by law.

Chapter 3

MATTERS THAT OFFICIALS, CIVIL SERVANTS, AND PUBLIC EMPLOYEES OF THE MINISTRY OF HOME AFFAIRS MUST PERFORM AND SHALL NOT ENGAGE IN IN SOCIAL RELATIONS

Article 6. Matters that officials, civil servants, and public employees must perform in residential areas

1. They must serve as role models in complying with laws and internal regulations of residential areas; participate in promoting and educating the law; respond positively to nationwide movements for social solidarity, building new cultural families, contributing to maintaining social order in the community.

2. Serve as role models in implementing and mobilizing their families and communities to comply with national policies on population and family planning; prevent diseases; combat social evils; protect health and the environment in residential areas.

Article 7. Matters that officials, civil servants, and public employees shall not engage in in social relations.

1. They shall not exploit their positions or powers, or impersonate others to create a favorable image when participating in social activities or joining non-governmental organizations.

2. They shall not use public property, means, or state budget for social activities in which they participate as individuals.

3. They shall not organize wedding, funeral, longevity celebration, birthday, housewarming, or promotion ceremonies for themselves or their families for profit-making purposes.

4. They shall not organize or participate in gambling or other illegal activities for profit-making purposes.

5. They shall not participate, incite, instigate, or cover up illegal acts of others.

Article 8. Matters that officials, civil servants, and public employees shall not engage in in public places.

1. They shall not violate rules and regulations in public places; they shall not violate standards of traditional customs, aesthetic norms, and ethnic cultural identity in public places.

2. They shall not violate citizen moral standards or cultural living habits as prescribed by law or agreed upon by the community.

Chapter 4

RESPONSIBILITIES OF OFFICIALS, CIVIL SERVANTS, AND PUBLIC EMPLOYEES AND AGENCIES UNDER THE MINISTRY OF HOME AFFAIRS

Article 9. Responsibilities of officials, civil servants, and public employees of the Ministry of Home Affairs.

1. They must thoroughly understand and responsibly implement all provisions of this Code of Conduct.

2. They have the responsibility to mobilize other officials, civil servants, and public employees to comply with the provisions of this Code of Conduct; promptly report violations of this Code by officials, civil servants, and public employees of the Ministry of Home Affairs to relevant agencies, units, and authorities.

3. The implementation of this Code of Conduct will be incorporated into the annual performance review and self-criticism process for each official, civil servant, and public employee.

Article 10. Responsibilities of heads and deputy heads of agencies and units directly managing and utilizing officials, civil servants, and public employees.

1. Organize the dissemination and implementation of this Code among officials, civil servants, and public employees.

2. Publicly display this Code at the offices of agencies and units under the Ministry of Home Affairs.

3. Direct the development of ISO standards for administrative procedures and processes of their agency or unit according to the requirements of other agencies, organizations, and citizens; simultaneously publicly display them at the one-stop service desk for officials, civil servants, public employees, and citizens to be aware of and follow.

4. Monitor and supervise the implementation of this Code by officials, civil servants, and public employees under their jurisdiction.

5. Propose higher authorities or handle according to their authority the disciplinary actions against officials, civil servants, and public employees under their management who violate this Code.

Chapter 5

HANDLING VIOLATIONS

Article 11. If officials, civil servants, and public employees of the Ministry of Home Affairs violate the provisions of this Code, they will be subject to disciplinary action or held accountable according to the degree of violation as prescribed by law.

Article 12. If officials, civil servants, and public employees violate the provisions of this Code, the heads and deputy heads of agencies and units directly managing and utilizing them will be held jointly responsible according to the law based on the degree of violation.

Chapter 6

IMPLEMENTATION

Article 13. Responsibilities of advisory agencies assisting the Minister of the Ministry of Home Affairs

1. Department Heads, Inspector General, and Director of the Office of the Ministry have the responsibility to assist the Minister in inspecting, urging, and supervising the implementation of this Code in agencies and units under the Ministry.

2. The Department of Cadre and Civil Service Management has the responsibility to compile and report annually to the Minister on the implementation of the code of conduct by officials, civil servants, and public employees under the Ministry.

Article 14. Responsibilities of agencies and units under the Ministry

Annually, along with the annual self-assessment, the heads of agencies and units shall organize an evaluation of the implementation of the Code of Conduct by officials, civil servants, and public employees under their management, and submit the assessment report to the Ministry of Home Affairs (through the Department of Organization and Cadres) no later than January 30 of the following year for consolidation.