Resolution No. 294A/2007/UBTVQH12 On the organization, tasks, powers, and operational regulations of the Provincial Steering Committee for Preventing and Combating Corruption

RESOLUTION

On the organization, tasks, powers, and operational regulations of the Provincial Steering Committee for Preventing and Combating Corruption

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

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to the Law on the Organization of the National Assembly No. 30/2001/QH10 and the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the National Assembly No. 83/2007/QH11;

Pursuant to the Law on Preventing and Combating Corruption No. 55/2005/QH11 and the Law Amending and Supplementing Certain Provisions of the Law on Preventing and Combating Corruption No. 01/2007/QH12,

RESOLUTION:

PART I
GENERAL PROVISIONS

Article 1.

1. The Provincial Steering Committee for Preventing and Combating Corruption (hereinafter referred to as the Provincial Steering Committee for Preventing and Combating Corruption) headed by the Chairman of the People's Committee of the province or centrally-administered city shall be responsible for directing, coordinating, inspecting, and urging the activities of preventing and combating corruption of agencies, organizations, units, and persons with authority within the province or centrally-administered city, including central agencies, organizations, and units located within the province or centrally-administered city.

2. The Provincial Steering Committee for Preventing and Combating Corruption shall be accountable to the provincial Party Committee, municipal Party Committee, Provincial People's Council, Municipal People's Council, Provincial People's Committee, Municipal People's Committee, and the Central Steering Committee for Preventing and Combating Corruption regarding the performance of its tasks and powers in anti-corruption work.

Article 2. During the process of directing, coordinating, inspecting, and urging the activities of preventing and combating corruption, the Provincial Steering Committee for Preventing and Combating Corruption shall not obstruct the normal operations of agencies, organizations, units, and persons with authority in performing their functions, tasks, and powers as prescribed by the Constitution and laws.

Article 3. Within the scope of their functions, tasks, and powers as prescribed by law, agencies, organizations, units, and persons with authority within the province or centrally-administered city shall be responsible for implementing the directives, requests, and recommendations of the Provincial Steering Committee for Preventing and Combating Corruption in anti-corruption work.

Chapter II
TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

Article 4. The Provincial Steering Committee for Preventing and Combating Corruption shall have the following tasks:

1. Based on the program and plan of the Central Steering Committee for Preventing and Combating Corruption and the specific situation of the locality, to develop the program and plan for preventing and combating corruption at the local level; organize implementation, inspection, urging, mid-term review, and final evaluation of the implementation of such program and plan;

2. Direct and urge agencies, organizations, units, and persons with authority within the province or centrally-administered city to implement legal provisions on preventing corruption;

3. Coordinate the activities of inspection bodies, investigation bodies, prosecution offices, and courts at the local level to enhance the effectiveness of anti-corruption work and ensure that this work is carried out in accordance with the law;

4. Direct, inspect, and urge the handling of complaints and reports about acts of corruption and information on corruption cases at the local level in accordance with the law and the directives of the Central Steering Committee for Preventing and Combating Corruption;

5. Direct information dissemination and propaganda on preventing and combating corruption at the local level, and make recommendations to agencies, organizations, units, and persons with authority to improve and perfect mechanisms, policies, and laws on preventing and combating corruption;

6. Regularly or upon request, report to the provincial Party Committee, municipal Party Committee, Provincial People's Council, Municipal People's Council, Provincial People's Committee, Municipal People's Committee, and the Central Steering Committee for Preventing and Combating Corruption on the situation and results of preventing and combating corruption at the local level and the activities of the Provincial Steering Committee for Preventing and Combating Corruption.

Article 5. The Provincial Steering Committee for Preventing and Combating Corruption shall have the following powers:

1. Request agencies, organizations, units, and persons with authority within the province or centrally-administered city to report on the situation of corruption and the results of anti-corruption work at their respective agencies, organizations, units; in necessary cases, request reports on the handling of specific corruption cases, the resolution of complaints and reports, and the processing of information on acts of corruption.

2. Request agencies, organizations, units, and persons with authority within the province or centrally-administered city to implement preventive measures against corruption; recommend or request the examination of responsibility and punishment of heads of agencies, organizations, and units who fail to implement preventive measures against corruption resulting in consequences.

3. Request agencies, organizations, units, and persons with authority within the province or centrally-administered city to conduct inspections, audits, investigations to clarify cases and incidents showing signs of malpractice and corruption; when deemed necessary, request agencies, organizations, units, and persons with authority to reconsider the resolution of certain cases and incidents to ensure timely, strict, and lawful handling; chair discussions and direct coordination in handling serious and complex corruption cases in the locality that attract particular public attention.

4. The Chairman of the People's Committee - Head of the Provincial Steering Committee for Preventing and Combating Corruption may decide to temporarily suspend the duties of directors of departments and equivalent positions, Chairmen, Vice Chairmen, regular members of the People's Council at the district level, Chairmen, Vice Chairmen, and other members of the People's Committee at the district level, and other positions appointed by the Chairman of the People's Committee of the province or centrally-administered city when they show signs of corruption or engage in actions that hinder anti-corruption efforts.

5. In necessary cases, request or recommend agencies, organizations, units, and persons with authority to issue decisions to temporarily suspend the duties of party members, officials, civil servants, or leaders of agencies, organizations, and units not covered by Clause 4 of this Article when they show signs of corruption or engage in actions that hinder anti-corruption efforts.

6. Recommend or request agencies, organizations, units, and persons with authority to impose disciplinary sanctions on party members, officials, and civil servants who commit acts of corruption that do not warrant criminal prosecution.

7. Summon officials and civil servants from relevant agencies, organizations, and units within the province or centrally governed city to carry out the tasks of the Steering Committee when necessary; request agencies, organizations, units, and authorized persons within the province or centrally governed city to implement measures to ensure the safety of individuals reporting acts of corruption or participating in anti-corruption efforts; propose rewards for agencies, organizations, units, and individuals with outstanding achievements in anti-corruption work.

Article 6. The provincial Steering Committee on Anti-Corruption includes the following members:

1. Chairperson of the Steering Committee: Chairman of the People's Committee of the province or centrally governed city;

2. Deputy Chairperson of the Steering Committee (equivalent to the position of director of the department responsible for the day-to-day operations of the Steering Committee);

3. Members of the Steering Committee:

a) Inspector General of the province or centrally governed city;

b) Director of Public Security of the province or centrally governed city;

c) Procurator of the People's Procuracy of the province or centrally governed city;

d) Chief Judge of the People's Court of the province or centrally governed city;

đ) Director of the Department of Home Affairs of the province or centrally governed city;

e) Head of the Inspection Committee of the Provincial Party Committee or Municipal Party Committee;

4. The Chairman of the People's Committee - Chairperson of the provincial Steering Committee on Anti-Corruption decides on the specific list of Steering Committee members.

Article 7.

1. The provincial Steering Committee on Anti-Corruption has a working group consisting of three to five people, and for some large provinces or centrally governed cities, it may have more but not exceeding ten people, managed and directed by the Deputy Chairperson of the Steering Committee.

2. The operating budget of the provincial Steering Committee on Anti-Corruption and its working group is a separate item within the total budget of the Office of the People's Committee of the province or centrally governed city, funded by the local government budget at the request of the Steering Committee. The Office of the People's Committee of the province or centrally governed city is responsible for ensuring material conditions for the activities of the Steering Committee and its working group.

The office of the working group is located at the Office of the People's Committee of the province or centrally governed city.

3. The provincial Steering Committee on Anti-Corruption has a seal according to the provisions of the law.

4. Members of the provincial Steering Committee on Anti-Corruption and officials and civil servants of the working group are entitled to responsibility allowances for their participation in anti-corruption activities as prescribed by the Government.

Article 8. The Chairperson of the provincial Steering Committee on Anti-Corruption has the following duties and powers:

1. Lead and direct the activities of the Steering Committee; assign tasks to Steering Committee members;

2. Direct the development of plans and programs for anti-corruption within the province or centrally governed city;

3. Decide and organize the implementation of work plans and programs and other issues within the scope of the Steering Committee's activities;

4. Chair and conclude meetings of the Steering Committee;

5. Be responsible for the activities of the Steering Committee before the Provincial Party Committee, Municipal Party Committee, Provincial People's Council, People's Committee of the province or centrally governed city, and the Central Steering Committee on Anti-Corruption.

Article 9. The Deputy Chairperson of the provincial Steering Committee on Anti-Corruption has the following duties and powers:

1. Carry out duties and powers assigned by the Chairperson; assist the Chairperson in managing and directing the regular activities of the Steering Committee and supervise and urge Steering Committee members in the performance of their tasks;

2. Manage and direct the working group and be responsible to the Chairperson for all activities of the working group; decide on matters within the scope of the working group's responsibilities.

Article 10. Members of the provincial Steering Committee on Anti-Corruption perform and are accountable to the Chairperson of the provincial Steering Committee on Anti-Corruption for the tasks assigned; proactively propose and recommend solutions to the Chairperson regarding anti-corruption work.

Members of the Steering Committee use the machinery of the agencies and organizations they manage or oversee to carry out the tasks assigned by the Chairperson of the Steering Committee.

Chapter III
WORKING REGIME AND RELATIONSHIPS IN WORK

Article 11.

1. The provincial Steering Committee on Anti-Corruption operates under the principle of centralization and democracy; the Chairperson concludes decisions and is responsible for them.

2. The provincial Steering Committee on Anti-Corruption meets monthly on a regular basis; convenes extraordinary meetings upon the request of the Chairperson. Depending on the issue, the Chairperson may decide to convene full meetings or meetings involving only relevant members; in cases of necessity, decide to invite leaders of relevant agencies and organizations to attend the meeting of the Steering Committee.

3. Every three months, the provincial Steering Committee on Anti-Corruption organizes a briefing on anti-corruption work with departments, sectors, districts, towns, and cities under the province; participants are decided by the Chairperson, focusing on areas, departments, sectors, districts, towns, and cities under the province that have many corruption cases or significant limitations in detecting and handling corrupt acts.

Article 12.

1. Monthly, quarterly, semi-annually, and annually, the provincial Steering Committee on Anti-Corruption reports on anti-corruption work to the Provincial Party Committee, Municipal Party Committee, Provincial People's Council, People's Committee of the province or centrally governed city, Central Steering Committee on Anti-Corruption, and reports urgently when complex incidents occur or when required.

Decisions to temporarily suspend duties, requests, or recommendations to temporarily suspend duties for persons holding positions as stipulated in Clause 4 and Clause 4 of Article 5 of this Resolution must be sent to the Provincial Party Committee, Municipal Party Committee, Provincial People's Council, People's Committee of the province or centrally governed city, and related agencies and organizations within five days from the date of signing.

2. Every three months, Members of the provincial Steering Committee on Anti-Corruption are responsible for reporting on the implementation of assigned tasks to the Chairperson of the Steering Committee.

3. During the inspection, investigation, prosecution, and trial of corruption cases, if there is illegal obstruction or interference from agencies, organizations, units, or individuals with authority, the Inspection Agency, Investigation Agency, Prosecution Office, and Court at the local level shall promptly report to the Provincial Steering Committee on Corruption Prevention and Control.

Article 13.

1. The Provincial Steering Committee on Corruption Prevention and Control is subject to the direction, supervision, and urging of the Central Steering Committee on Corruption Prevention and Control. In case the opinion of the Provincial Steering Committee on Corruption Prevention and Control differs from the opinion of the provincial party committee, municipal party committee, Provincial People's Council, or Provincial People's Committee regarding the direction, coordination, supervision, and urging of anti-corruption activities, the Provincial Steering Committee on Corruption Prevention and Control shall report and implement according to the opinion of the Central Steering Committee on Corruption Prevention and Control.

2. The Provincial Steering Committee on Corruption Prevention and Control is responsible for coordinating with relevant central agencies in directing, supervising, and urging anti-corruption work concerning central agencies located within the province or centrally governed city.

3. In case the directive of the Provincial Steering Committee on Corruption Prevention and Control differs from the directive of judicial agencies regarding the directive of central judicial agencies towards local judicial agencies in detecting and handling acts of corruption, local judicial agencies shall implement according to the directive of central judicial agencies; the Provincial Steering Committee on Corruption Prevention and Control shall report this issue to the Central Steering Committee on Corruption Prevention and Control.

Article 14.

1. The Provincial Steering Committee on Corruption Prevention and Control is responsible for coordinating with the Standing Committee of the Provincial People's Council of centrally governed cities in monitoring anti-corruption work locally.

Representatives of the Standing Committee of the Provincial People's Council of centrally governed cities are invited to attend meetings of the Provincial Steering Committee on Corruption Prevention and Control.

2. The Provincial Steering Committee on Corruption Prevention and Control is responsible for coordinating with provincial party committees, municipal party committees, and subordinate party committees under provincial party committees, municipal party committees to perform the following tasks:

a) Supervising and urging anti-corruption work in party agencies and organizations at the local level;

b) Recommending and requesting competent party committees to consider disciplinary action against cadres, party members, and party organizations related to corruption.

3. The Provincial Steering Committee on Corruption Prevention and Control is responsible for coordinating with the Vietnam Fatherland Front Committee of centrally governed cities and member organizations of the Vietnam Fatherland Front in anti-corruption work.

The Chairman of the Vietnam Fatherland Front Committee of centrally governed cities is invited to attend meetings of the Provincial Steering Committee on Corruption Prevention and Control.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15.

1. This Resolution takes effect from the date of publication.

2. The Government, Prime Minister, Central Steering Committee on Corruption Prevention and Control, Supreme People's Procuracy, Supreme People's Court, ministries, ministerial-level agencies, agencies under the Government, Provincial People's Councils, Provincial People's Committees, agencies, organizations, units, and individuals concerned are responsible for implementing this Resolution./.