Decision No. 176/NQ-UBTVQH9 Issuing the Regulation on the coordination among state agencies in directing and organizing the implementation of National Assembly Resolutions and practicing thrift, combating waste, corruption, and smuggling.

 RESOLUTION

ISSUING REGULATIONS ON THE COORDINATION AMONG STATE ORGANIZATIONS IN GUIDING AND IMPLEMENTING THE NATIONAL ASSEMBLY RESOLUTIONS ON PRACTICING ECONOMY, COMBATING WASTAGE, CORRUPTION, AND SMUGGLING

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIET NAM

Pursuant to Article 84 of the Constitution of the Socialist Republic of Vietnam and the Resolution of the Ninth National Assembly, fourth session on practicing economy, combating wastage, corruption, and smuggling.

RESOLUTION:

The Standing Committee of the National Assembly hereby promulgates the Regulations on the coordination among state organizations in guiding and implementing the National Assembly Resolutions on practicing economy, combating wastage, corruption, and smuggling, which were adopted at the meeting on March 16, 1994.

REGULATIONS

ON THE COORDINATION AMONG STATE ORGANIZATIONS IN GUIDING AND IMPLEMENTING THE NATIONAL ASSEMBLY RESOLUTIONS ON PRACTICING ECONOMY, COMBATING WASTAGE, CORRUPTION, AND SMUGGLING

Pursuant to the Resolution of the Ninth National Assembly, fourth session on practicing economy, combating wastage, corruption, and smuggling;
These Regulations stipulate the coordination among state organizations in guiding and implementing the National Assembly Resolutions.

Chapter 1:

GENERAL PROVISIONS

Article 1. The heads of state organizations, economic organizations, social organizations, and armed units shall be responsible for guiding and organizing the implementation of the National Assembly Resolutions within their respective agencies, organizations, and units under their jurisdiction; coordinating with the heads of related agencies, organizations, and units in the implementation of the National Assembly Resolutions and mobilizing the people to practice economy, combat wastage, corruption, and smuggling.

The organization and coordination shall be carried out based on the tasks and authorities of each agency, organization, and unit as prescribed by law and defined in the National Assembly Resolutions.

Article 2. The Prime Minister, Chief Justice of the Supreme People's Court, and Procurator General of the Supreme People's Procuracy shall bear primary responsibility before the National Assembly for guiding and organizing the implementation of the National Assembly Resolutions.

The Standing Committee of the National Assembly shall be responsible for supervising the implementation of the National Assembly Resolutions; directing, managing, and coordinating the activities of the National Ethnic Council and the Committees of the National Assembly in supervising the implementation of the National Assembly Resolutions in their respective fields; guiding the Delegations of National Assembly Members and People's Councils at all levels to participate in supervising the implementation of the National Assembly Resolutions at local levels; regularly working with the Government, the Supreme People's Court, and the Supreme People's Procuracy on the situation of implementing the National Assembly Resolutions.

Article 3. The areas of coordination among state organizations focus on the following main aspects:

1. Amending, supplementing, and issuing new policies, systems, and management mechanisms that are appropriate;

2. Improving the organizational structure and cadre strength of state organizations, primarily those involved in law enforcement;

3. Rectifying, strengthening, and ensuring the effectiveness of supervision, inspection, examination, investigation, prosecution, and adjudication work;

4. Handling violations of laws concerning corruption, smuggling, and wastage.

Chapter 2:

CONTENTS IN THE RELATIONSHIP OF COORDINATION

PART 1: AMENDMENTS, SUPPLEMENTS AND NEW ENACTMENTS OF NECESSARY LEGAL DOCUMENTS

Article 4. The Government plans to review current legal documents; amend, supplement and draft new necessary legal documents; prioritizing areas such as construction, real estate management, budget allocation and utilization, foreign borrowing and loan utilization, taxation, customs, banking, finance, import and export, investment policies, project approval and implementation organization, budget expenditure and people's consumption savings, gradually eliminating production and business management functions of ministries and local administrative bodies.

Article 5. The coordination in reviewing, amending, supplementing and enacting new legal documents shall be carried out as follows:

For legal documents issued by the National Assembly or the Standing Committee of the National Assembly, the Standing Committee of the National Assembly shall be responsible for directing the agencies that have primarily drafted those documents to conduct the review, with relevant agencies having the responsibility to participate;

For legal documents issued by the Government, the Prime Minister shall be responsible for directing the agency that has primarily drafted those documents to conduct the review, with relevant agencies having the responsibility to participate;

For legal documents where the drafting agency has been dissolved or transformed into another unit, the higher state agency that directly managed it shall itself or designate an agency under its management to conduct the review;

For legal documents issued by the Supreme People's Court or the Supreme People's Procuracy, the issuing agency shall be responsible for conducting the review, with relevant agencies having the responsibility to identify and propose;

For legal documents issued by lower-level state agencies, the higher-level state agency shall be responsible for directing the inspection and urging the agencies that have issued the documents under its management to conduct the review;

Based on the review of legal documents, classification shall be conducted; decisions or proposals shall be made to abolish legal documents contrary to the law, enacted without proper authority or carrying sectoral, local privileges; decisions or proposals shall be made to request competent authorities to amend, supplement or enact new necessary legal documents;

The authority responsible for abolishing, amending, supplementing or enacting new legal documents shall be responsible for examining and promptly handling the aforementioned proposals;

Article 6. The Supreme People's Court, through its adjudication work and guidance, supervision of lower court adjudication activities, identifies, amends, supplements industry-issued legal documents and proposes to the Government and relevant agencies within their authority to revoke, amend, supplement or enact new appropriate policies, systems, and management mechanisms; simultaneously identifying errors in previously adjudicated judgments and promptly addressing them according to legal provisions;

Article 7. On the basis of performing its function of supervising compliance with laws regarding regulatory documents of ministries, ministerial-level agencies, government agencies, and local administrative bodies, the Supreme People's Procuracy identifies and proposes the abolition of illegal legal documents, amends, supplements documents no longer suitable, or enacts new necessary legal documents;

Article 8. In performing its oversight function in the issuance of legal documents, the Committee for Legal Affairs, the National Ethnic Council, and other Committees of the National Assembly shall cooperate with relevant government agencies, the Supreme People's Court, and the Supreme People's Procuracy in reviewing legal documents within their respective jurisdictions; promptly proposing to the Standing Committee of the National Assembly, the National Assembly, and relevant agencies within their authority to abolish illegal legal documents, amend, supplement, and enact new appropriate policies, systems, and management mechanisms.

PART 2: STRENGTHENING THE ORGANIZATION AND STAFFING OF THE WORKFORCE

Article 9. The Government, the Supreme People's Court, and the Supreme People's Procuracy shall direct and implement the strengthening of organizational structures and the building and management of the workforce under their jurisdiction from central to grassroots levels; combining administrative management with that of organizations and mass movements in a synchronized manner.

In the process of strengthening organizational structures and building the workforce, efforts should focus on building a clean and competent state staff who are well-versed in laws and state policies; gradually standardizing cadres; promptly preventing violations of the law, identifying and strictly dealing with those who abuse their positions for smuggling or assisting smugglers, bribery, embezzlement, waste, harassment of the public, infringement of citizens' democratic rights, causing damage to state property and the interests of the people.

Article 10. Amending, supplementing, and promulgating new regulations on strengthening organizational structures and staffing:

Issuing an Ordinance on the Code of Conduct for Civil Servants to institutionalize the planning, training, selection, utilization, and management of the civil servant workforce.

Amending and supplementing provisions regarding the responsibility system of heads of agencies, organizations, and units in the strengthening of organizational structures and building of workforces with sufficient moral character and capability, and directing the implementation of anti-waste, anti-corruption, and anti-smuggling campaigns.

Supplementing appropriate provisions to enhance material resources, working tools, and remuneration systems for law enforcement agencies, primarily for staff directly involved in anti-corruption and anti-smuggling tasks.

Article 11. Strengthening anti-corruption and anti-smuggling organizations and law enforcement agencies from central to grassroots levels; specifying specific tasks and authorities to ensure these organizations have sufficient authority and conditions to improve their effectiveness; simultaneously studying the establishment of a national asset management organization and a national auditing organization.

PART 3: SUPERVISION, INSPECTION, AUDIT, INVESTIGATION, PROSECUTION, AND TRIAL WORK

Article 12. The Standing Committee of the National Assembly, the Ethnic Council, and the Committees of the National Assembly shall develop and implement plans for focused supervision on anti-waste, anti-corruption, and anti-smuggling efforts; the management and use of the budget and thrift practices; the handling of serious violations of the law.

Delegations of the National Assembly and National Assembly deputies, People's Councils at all levels and People's Council deputies shall have programs to supervise the implementation of National Assembly resolutions at local and grassroots levels; collect opinions and encourage cadres and people to identify violations of the law; promptly propose measures to handle and supervise the resolution of cases involving waste, corruption, and smuggling.

Article 13. Within the scope of their duties and powers, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall plan and direct activities related to inspection, prosecution, and trial according to the requirements and contents recorded in the National Assembly Resolution.

Monthly and when there are urgent matters, law enforcement agencies of the Government, the Supreme People's Court, and the Supreme People's Procuracy shall inform each other and discuss measures to resolve issues requiring coordinated handling to prevent overlapping activities; ensuring inspections, audits, investigations, prosecutions, and trials are timely, strict, and do not significantly impact grassroots production and business operations.

PART 4: HANDLING VIOLATIONS OF THE LAW

Article 14. In directing and handling cases of waste, corruption, smuggling, all must be carried out in accordance with the provisions of the National Assembly Resolution: individuals who commit acts violating the law, regardless of their position or rank, shall be strictly dealt with according to the law and must fully compensate for any damage to state, collective, or citizen property; at the same time, those who cover up for individuals committing violations of the law, and those who use internal measures in cases where there are sufficient elements to bring them before the law for prosecution, shall be dealt with severely.

In cases requiring criminal proceedings, agencies, organizations, and units managing cadres shall create favorable conditions for law enforcement agencies to conduct investigative activities, prosecution, and trial.

The handling of cadres with violations shall be conducted promptly, within the appropriate authority, in accordance with regulations on cadre management, and when necessary, closely coordinate with law enforcement agencies. In the handling of cadres who are party members, coordination with the party organization managing such cadres based on the Party Charter, regulations on party member management, and the law shall take place.

Article 15. The Government shall stipulate measures to deal with heads of agencies, units, and localities where incidents of waste, corruption, and smuggling occur, and the examination of the responsibility of directly managing superiors. If leaders of sectors and levels act for local interests, unilaterally establish regulations, or engage in actions contrary to the law and directives, resolutions of higher authorities, causing negative impacts on economic and social order, creating loopholes for corrupt and smuggling groups to exploit, they shall be dealt with strictly according to the law.

Chapter 3:

SOME PROVISIONS ON COORDINATION IN IMPLEMENTING NATIONAL ASSEMBLY RESOLUTIONS

Article 16. Based on the National Assembly Resolution and the provisions on cooperative relations in this Regulation, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall develop appropriate work programs to ensure coordination in directing and organizing the implementation of National Assembly Resolutions.

Article 17. Once a month and whenever deemed necessary, the Chairman of the National Assembly shall meet with the Prime Minister, the President of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuracy to hear reports on the handling of corruption, smuggling, and waste cases; discuss measures to continue coordinating direction and implementing National Assembly Resolutions.

Every three months, the Standing Committee of the National Assembly shall hear reports from the Government, the Supreme People's Court, and the Supreme People's Procuracy on the implementation of National Assembly Resolutions and inform National Assembly deputies.

Representatives of the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, and other member organizations of the Front may be invited to attend meetings of the National Assembly Chairman and Standing Committee sessions regarding the implementation of National Assembly Resolutions and express opinions on related issues.

The State President may attend these meetings if deemed necessary.

At National Assembly sessions, the Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall report to the National Assembly on the implementation of National Assembly Resolutions within their respective responsibilities.

Article 18. The Fatherland Front, people's mass organizations, and social organizations shall have plans to coordinate with state agencies, mobilize various strata of the population to play their role as masters, foster thrifty lifestyles; detect and denounce acts of corruption, smuggling, or aiding smugglers; participate in supervision and struggle against illegal acts; while remaining vigilant and opposing schemes and tactics that exploit the expansion of democracy in this struggle to engage in subversive activities, divide internal unity, or undermine the prestige of the Party and the State.

The Government shall create conditions for the Fatherland Front, people's mass organizations, social organizations, and the people to play their supervisory roles in the movement to practice thrift, combat waste, corruption, and smuggling; stipulate forms of encouragement, rewards, and protective measures for those who detect and denounce illegal acts.

Article 19. Sectors and levels shall regard the implementation of National Assembly Resolutions as a key focus of work and plan coordinated actions in accordance with their functions and responsibilities.

Based on the National Assembly Resolution and this Regulation, the Government shall direct and guide sectors and levels to organize the implementation of cooperative relations suitable to the characteristics of their sector or level.

Article 20.

Mass media agencies shall cooperate with relevant agencies to ensure accurate, truthful, and timely information; contribute to encouraging positive factors and combating negative phenomena. News dissemination and publication must comply with the provisions of the Press Law.

Chapter 4:

EFFECTIVE DATE OF IMPLEMENTATION

Article 21.

This Regulation shall take effect from the date of issuance./.