JOINT CIRCULAR No. 2462/2007/TTLT-TTCP-VKSNDTC-TANDTC-KTNN-BQP-BCA ON THE EXCHANGE, MANAGEMENT AND USE OF INFORMATION AND DATA FOR PREVENTION AND COMBATTING CORRUPTION

JOINT CIRCULAR

Regulations on the exchange, management, and use of information and data for anti-corruption purposes

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Pursuant to the Anti-Corruption Law;

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 Anti-Corruption Law;

In order to build, manage, and effectively utilize the Common Data System on Anti-Corruption, the Government Auditing Commission, the Supreme People's Prosecutor, the Supreme People's Court, the State Auditor General's Office, the Ministry of National Defense, and the Ministry of Public Security hereby jointly stipulate as follows:

Section A.

GENERAL PROVISIONS

1. The Government Auditing Commission shall take the lead and coordinate with relevant agencies in building, managing, and utilizing the Common Data System on Anti-Corruption (hereinafter referred to as the Common Data System) to serve research, evaluation, and forecasting of corruption situations; and to develop and perfect policies and laws on anti-corruption.

2. The Government Auditing Commission, the Supreme People's Prosecutor, the Supreme People's Court, the State Auditor General's Office, the Ministry of National Defense, and the Ministry of Public Security shall provide the Common Data System with information on the results of activities detecting and handling acts of corruption and corrupt assets according to their functions and tasks prescribed by law.

3. The provision and exchange of information and data shall be carried out periodically through administrative documents or data messages (both forms have equal legal validity). The Government Auditing Commission shall be responsible for compiling, processing the information and data provided by ministries and sectors, and publishing them on the Common Data System.

4. Ministries and sectors shall be responsible for providing, managing, and using information on anti-corruption in accordance with the laws on anti-corruption and state secrets.

Section B.

SPECIFIC PROVISIONS

I. CONTENTS OF INFORMATION EXCHANGE

1. The Government Auditing Commission shall provide the Common Data System with the following information and documents: consolidated reports of the Inspection sector on anti-corruption work; results of inspections that have uncovered signs of corruption; amounts and assets of corruption proposed for recovery by inspection agencies; results of uncovering corruption through complaint resolution activities; results of social research and other documents related to anti-corruption work. The list of information indicators is set forth in Appendix 1 attached hereto.

2. The Ministry of National Defense shall provide the Common Data System with information on the number of cases, the number of suspects indicted, investigated, and prosecuted for corruption crimes conducted by military investigation agencies; information on the amounts and assets of corruption proposed for confiscation and transfer to the state treasury by military investigation agencies. The list of information indicators is set forth in Appendix 2 attached hereto.

3. The Ministry of Public Security shall provide the Common Data System with information on the number of cases, the number of suspects indicted, investigated, and prosecuted for corruption crimes conducted by public security investigation agencies; information on the amounts and assets of corruption proposed for confiscation and transfer to the state treasury by public security investigation agencies. The list of information indicators is set forth in Appendix 3 attached hereto.

4. The Supreme People's Prosecutor shall provide the Common Data System with information on the number of cases, the number of suspects prosecuted at all levels of the People's Procuratorates for corruption crimes; information on the amounts and assets of corruption proposed for confiscation and transfer to the state treasury by the People's Procuratorates at all levels. The list of information indicators is set forth in Appendix 4 attached hereto.

5. The Supreme People's Court shall provide the Common Data System with information on the number of cases, the number of people sentenced by first-instance courts for corruption crimes; information on the amounts and assets of corruption confiscated and transferred to the state treasury by first-instance courts. The list of information indicators is set forth in Appendix 5 attached hereto.

6. The State Auditor General's Office shall provide the Common Data System with information on: the number of audits conducted; the number of cases and matters referred to competent authorities for handling; the number of individuals recommended for disciplinary action due to acts of corruption; the amounts and assets misused and recovered upon discovery by the State Auditor General's Office; legal regulations proposed for revocation, amendment, or supplementation by the State Auditor General's Office; and the results of implementing recommendations made by the State Auditor General's Office. The list of information indicators is set forth in Appendix 6 attached hereto.

II. TIME LIMIT FOR PROVIDING INFORMATION

The Government Auditing Commission, the Ministry of National Defense, the Ministry of Public Security, the Supreme People's Prosecutor, the Supreme People's Court, and the State Auditor General's Office shall compile information according to the indicators specified in Section I of Part B of this Circular during the following periods: three months (from January 1 to March 31); six months (from January 1 to June 30); nine months (from January 1 to September 30); and one year (from January 1 to December 31).

The results of compilation by ministries and sectors must be sent to the Government Auditing Commission within twenty working days from the end of each compilation period for consolidation, processing, and publication on the Common Data System.

III. MANAGEMENT AND USE OF INFORMATION

1. The Government Auditing Commission shall apply necessary technical and operational measures to ensure the confidentiality of the Common Data System and guarantee accurate, timely, and effective sharing of information and data among agencies, organizations, units, and individuals as stipulated in this Circular.

2. The Government Auditing Commission shall provide the Supreme People's Prosecutor, the Supreme People's Court, the State Auditor General's Office, the Ministry of National Defense, and the Ministry of Public Security with access codes and passwords to exploit information from the Common Data System via electronic networks.

3. In addition to the agencies participating in this Circular, the Government Inspectorate shall be responsible for sharing information with the following agencies and competent authorities to utilize and exploit information from the Common Data System:

a) Central agencies of the Party;

b) The Standing Committee of the National Assembly, the National Ethnic Council of the National Assembly, the Committees of the National Assembly, the Office of the National Assembly;

c) The President of the State, the Vice Presidents of the State, the Office of the President of the State;

d) The Prime Minister, Deputy Prime Ministers, the Office of the Government;

đ) The Central Steering Board on Anti-Corruption, the Office of the Central Steering Board on Anti-Corruption.

4. In cases where the Government Inspectorate uses information and data from the Common Data System to build reports on anti-corruption to be submitted to competent authorities, they shall also send them to the agencies participating in this Circular.

Section C.

IMPLEMENTATION

Section C.

IMPLEMENTATION

1. The Government Inspectorate assigns the Anti-Corruption Department under the Government Inspectorate to be the focal point for receiving, processing, and providing information.

2. The Supreme People's Procuracy, the Supreme People's Court, the State Audit Agency, the Ministry of National Defense, the Ministry of Public Security shall notify the Government Inspectorate of the units assigned as focal points to coordinate with the Anti-Corruption Department under the Government Inspectorate in implementing the exchange, management, exploitation, and utilization of information and data from the Common Data System.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. During the implementation of this Circular, if there are any difficulties, please reflect them to the Government Inspectorate for coordination with relevant ministries and sectors to consider and resolve.