Decree No. 211/2013/ND-CP amends and supplements some articles of Decree No. 107/2006/NĐ-CP dated September 22, 2006, of the Government on handling responsibility of heads of agencies, organizations, and units when corruption occurs under their management and supervision.

Article 1. Amend and supplement some articles of Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling responsibility of heads of agencies, organizations, units when corruption occurs under their management and supervision, as follows:

1. Article 6 shall be amended and supplemented as follows:

"Article 6. Principles for considering disciplinary action

The disciplinary action against heads and deputy heads of agencies, organizations, units where corruption occurs under their management and heads or deputy heads of agencies, organizations, individuals under their management who are related shall be regulated in Clause 3, Article 4 of this Decree, in addition to being implemented according to the principles for considering disciplinary action for cadres, civil servants, public officials as stipulated by current laws, it also implements the following principles:

1. Based on the division of work and hierarchical management within the agency, organization, unit to determine the degree of direct responsibility or joint liability.

2. Based on the working relationship between the management responsibility of the head, deputy head and the act of corruption of the person assigned to manage."

2. Article 7 shall be amended and supplemented as follows:

"Article 7. Forms of disciplinary action

Heads and deputy heads of agencies, organizations, units, if causing corruption cases in agencies, organizations, units under their management and supervision, will be subject to disciplinary action as follows depending on the nature and severity of the case:

1. If the head and deputy head of an agency, organization, or unit are civil servants, public officials, or state enterprise managers, they shall be subject to disciplinary measures in one of the following forms:

a) Reprimand;

b) Warning;

c) Dismissal from position.

2. Heads and deputy heads of agencies, organizations, units belonging to political-social-professional organizations, social-professional organizations, social organizations shall be disciplined according to the provisions of current laws and the charter of those organizations.

3. Heads and deputy heads of agencies, units who are officers, non-commissioned officers, professional military personnel in the People's Army and the People's Public Security shall be disciplined according to the provisions of current laws regarding officers, non-commissioned officers, professional military personnel in the People's Army and the People's Public Security."

3. Clause 1 of Article 11 shall be amended and supplemented as follows:

"1. Heads and deputy heads of agencies, organizations, units are exempt from responsibility in cases where they could not have known or had applied necessary measures to prevent and stop acts of corruption or they had actively discovered and handled acts of corruption in accordance with current laws."

4. Article 12 is amended and supplemented as follows:

"Article 12. Disciplinary action against Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies and equivalent: Chairmen of People's Councils, Chairmen of People's Committees of provinces and centrally governed cities

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies and equivalent; Chairmen of People's Councils, Chairmen of People's Committees of provinces and centrally governed cities, if causing particularly serious corruption cases, having adverse impacts on politics, economy, society within their jurisdiction, must bear responsibility and be disciplined according to the provisions of current laws."

5. Article 13 is amended and supplemented as follows:

"Article 13. Responsibility for considering disciplinary action

Within thirty working days from the date of the official conclusion or report of the competent authority as stipulated in Clause 4, Article 55 of the Law on Prevention and Control of Corruption regarding corruption cases or from the date the corruption judgment becomes legally effective, the head of the superior agency, organization, unit has the responsibility to consider disciplinary action or report to the competent authority to consider disciplinary action against the head and deputy head of the agency, organization, unit directly responsible or jointly responsible for causing corruption."

6. Article 14 is amended and supplemented as follows:

"Article 14. Authority to decide on disciplinary action

The authority to decide on disciplinary action against heads of agencies, organizations, units causing corruption shall be carried out according to the current classification of cadre, civil servant, public official management."

7. Article 15 is amended and supplemented as follows:

"Article 15. Disciplinary Committee

1. The head of the superior agency, organization, unit where corruption occurs decides to establish a Disciplinary Committee to consider disciplinary action against the head and deputy head of the agency, organization, unit causing corruption.

2. Members of the Disciplinary Committee include:

a) The Chairman of the Committee is the head or deputy head of the superior agency, organization, unit of the agency, organization, unit where corruption occurs;

b) One member is a representative of the Party Committee at the superior level of the Party Committee of the agency, organization, unit where corruption occurs;

c) One member is a representative of the leadership of the agency, organization, unit where corruption occurs (in cases where that member is not involved in the corruption case);

d) One member is a representative of the Trade Union Executive Board of the agency, organization, unit where corruption occurs;

e) One member serving as Secretary of the Committee is the person in charge of the advisory department on organizational and cadre affairs of the superior agency, organization, unit of the agency, organization, unit where corruption occurs.

3. The Disciplinary Committee operates in a collective manner, voting by secret ballot. The Disciplinary Committee only convenes when all members are present."

8. Article 17 is amended and supplemented as follows:

"Article 17. Other Provisions Related to the Disciplinary Action Process

Other provisions related to the process of considering disciplinary action against heads and deputy heads of agencies, organizations, units such as time limits for disciplinary action; temporary suspension from work; management of disciplinary files; termination of the effectiveness of disciplinary decisions; complaints and resolution of complaints about disciplinary decisions and other relevant provisions concerning disciplined cadres, civil servants, public officials are implemented according to the current laws on disciplinary action for cadres, civil servants, public officials."

Article 2. Effective Date

This Decree takes effect from February 10, 2014.

Article 3. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities and related agencies, organizations, individuals are responsible for implementing this Decree./.