Law on Prevention and Control of Corruption No. 36/2018/QH14

LAW

PREVENTION AND COMBATTING OF CORRUPTION

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Prevention and Combating Corruption.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures for preventing and detecting corruption; handling corruption and other acts violating laws on prevention and combating corruption.

Article 2. Acts of Corruption

1. Acts of corruption in the public sector carried out by persons with positions and powers in state agencies, organizations, and units include:

a) Embezzlement of property;

b) Accepting bribes;

c) Misusing positions and powers to seize property;

d) Exploiting positions and powers while performing duties and public services for personal gain;

đ) Exceeding authority while performing duties and public services for personal gain;

e) Exploiting positions and powers to influence others for personal gain;

g) Fraud in work for personal gain;

h) Offering bribes, brokering bribes to resolve matters of agencies, organizations, units, or localities for personal gain;

i) Exploiting positions and powers to improperly use state assets for personal gain;

k) Harassment for personal gain;

l) Not performing, performing incorrectly, or incompletely assigned tasks and public services for personal gain;

m) Exploiting positions and powers to cover up for persons who violate the law for personal gain; obstructing or interfering illegally with supervision, inspection, audit, investigation, prosecution, trial, enforcement of judgments for personal gain.

2. Acts of corruption in the private sector carried out by persons with positions and powers in enterprises and organizations outside the public sector include:

a) Embezzlement of property;

b) Accepting bribes;

c) Offering bribes, brokering bribes to resolve matters of their own enterprises or organizations for personal gain.

In this Law, the following terms shall be understood as follows:

1. Corruption is an act where a person with positions and powers exploits such positions and powers for personal gain.

2. Person with Positions and Powers is a person appointed, elected, recruited, contracted, or through another form, receiving salary or not, tasked with specific duties and public services and having certain authorities while performing such duties and public services, including:

a) Cadres, civil servants, officials;

b) Officers, professional soldiers, workers, defense officials in agencies and units under the People's Army; officers, non-commissioned officers in specialized affairs, officers, non-commissioned officers in technical professions, police workers in agencies and units under the People's Public Security Force;

c) State capital representatives in enterprises;

d) Managers in enterprises and organizations;

đ) Other persons tasked with specific duties and public services and having certain authorities while performing such duties and public services.

3. Property from Corruption is property obtained from corruption, property with origins from corruption.

4. Transparency in Organization and Activities of Agencies, Organizations unit is the publication and provision of information, explanation about organizational structure, performance of duties and authorities, and responsibilities while performing duties and authorities of agencies, organizations, and units.

5. Accountability is the clarification of information and timely, full explanation by agencies, organizations, units, and individuals with authority about their decisions and actions while performing assigned duties and public services.

6. Harassment is the act of arbitrary power, arrogance, demands, causing difficulties, and inconvenience by persons with positions and powers while performing duties and public services.

7. Personal Gain is the act of exploiting positions and powers to achieve material or non-material benefits that are unjustified.

8. Conflict of Interest is a situation where the interests of a person with positions and powers or their relatives affect or will affect the performance of duties and public services improperly.

9. Agencies, Organizations, Units in the Public Sector (hereinafter referred to as agencies, organizations, units) include state agencies, political organizations, political-social organizations, people's armed forces units, public service establishments, state-owned enterprises, and other organizations and units established, invested in infrastructure, provided with all or part of operational funds, directly managed or participated in management by the State to serve common and essential needs of the State and society.

10. Enterprises, Organizations in the Private Sector are enterprises and organizations not falling within the scope defined in Clause 9 of this Article.

Article 4. Responsibilities of agencies, organizations, units, and businesses, non-state sector organizations in preventing and combating corruption

1. Agencies, organizations, units shall have the following responsibilities within their respective duties and authorities:

a) Implement preventive measures against corruption; promptly detect and handle corruption according to their authority and recommend competent state agencies to handle corruption within their agency, organization, or unit; comply with other provisions of laws on preventing and combating corruption;

b) Protect the rights and legitimate interests of individuals who report, inform, accuse, denounce, provide information about acts of corruption;

c) Promptly receive and process reports, information, accusations, denunciations, and tips about acts of corruption;

d) Timely provide information and fulfill requests of competent agencies, organizations, units, and individuals during the detection and handling of corruption.

2. Businesses, non-state sector organizations shall have the following responsibilities:

a) Implement preventive measures against corruption; promptly detect and report corruption and cooperate with competent state agencies to prevent and handle corruption occurring within their business or organization according to the law and their charter, regulations, and internal rules;

b) Timely provide information about acts of corruption committed by persons in positions of responsibility and cooperate with competent state agencies to prevent and handle corruption.

Article 5. Rights and obligations of citizens in preventing and combating corruption

1. Citizens have the right to detect, report, accuse, denounce, and provide information about acts of corruption and be protected and rewarded according to the law; they also have the right to propose improvements to laws on preventing and combating corruption and supervise the implementation of such laws.

2. Citizens have the obligation to cooperate and assist competent agencies, organizations, and individuals in preventing and combating corruption.

Article 6. Propaganda, dissemination, and education on preventing and combating corruption

1. Information and communication agencies and other agencies, organizations, units, within their respective duties and authorities, shall have the responsibility to propagate, disseminate, and educate on preventing and combating corruption to enhance awareness among citizens and persons in positions of responsibility.

2. Educational institutions and training centers shall include content on character education, ethics, and lifestyle aimed at preventing and combating corruption in their educational, training, and development programs for high school students, university students, trainees, and persons in positions of responsibility as prescribed by law.

Article 7. Supervision of anti-corruption work

1. The National Assembly and the Standing Committee of the National Assembly shall supervise anti-corruption work nationwide.

2. The Ethnic Council and Committees of the National Assembly, within their respective duties and authorities, shall supervise anti-corruption work in areas under their jurisdiction.

3. The Committee for Legal Affairs of the National Assembly, within its respective duties and authorities, shall supervise the detection and handling of corruption.

4. Delegations of the National Assembly, National Assembly deputies, within their respective duties and authorities, shall supervise anti-corruption work.

5. People's Councils, Standing Committees of People's Councils, Committees of People's Councils, Delegation Groups of People's Councils, People's Council deputies, within their respective duties and authorities, shall supervise anti-corruption work at the local level.

Article 8. Prohibited Acts

1. Acts of corruption as stipulated in Article 2 of this Law.

2. Threatening, retaliating, persecuting, or disclosing information about individuals who report, inform, accuse, denounce, provide information about acts of corruption.

3. Misusing reports, information, accusations, denunciations, tips, or provided information about acts of corruption to falsely accuse other agencies, organizations, units, or individuals.

4. Shielding acts of corruption; obstructing or interfering illegally in the detection and handling of corruption and other acts violating laws on preventing and combating corruption as stipulated in Section 2 Chapter IX of this Law.

Chapter II

PREVENTING CORRUPTION IN AGENCIES, ORGANIZATIONS, AND UNITS

Section 1

TRANSPARENCY AND CLARITY REGARDING THE STRUCTURE AND OPERATIONS OF AGENCIES, ORGANIZATIONS, AND UNITS

Article 9. Principles of Transparency and Publicity

1. Agencies, organizations, and units must disclose and make transparent information about their organizational structure and activities, except for contents that fall under state secrets, business secrets, and other contents as prescribed by law.

2. Disclosure and transparency must ensure accuracy, clarity, completeness, and timeliness according to procedures and formalities stipulated by agencies, organizations, and units with competent authority and in accordance with legal provisions.

Article 10. Contents of Transparency and Publicity

1. Agencies, organizations, and units must disclose and make transparent the following contents in accordance with legal provisions:

a) Implementation of policies and laws related to the rights and legitimate interests of civil servants, public officials, employees, military personnel, and citizens;

b) Allocation, management, and utilization of public finances, public assets, or funds raised from lawful sources;

c) Cadre and staff organization work of agencies, organizations, and units; conduct rules for persons holding positions and powers;

d) Implementation of policies and laws whose contents do not fall within the cases specified in points a, b, and c of this clause but must be disclosed and made transparent according to legal provisions.

2. Agencies, organizations, and units directly handling matters for other agencies, organizations, and individuals, in addition to the contents of disclosure and transparency prescribed in Clause 1 of this Article, must also disclose and make transparent administrative procedures.

Article 11. Forms of Disclosure

1. Forms of disclosure include:

a) Announcing at meetings of agencies, organizations, and units;

b) Posting at the headquarters of agencies, organizations, and units;

c) Notifying by written notice to relevant agencies, organizations, and individuals;

d) Publishing publications;

đ) Announcing through mass media;

e) Uploading on electronic information portals or websites;

g) Organizing press conferences;

h) Providing information upon request of agencies, organizations, and individuals.

2. In cases where other laws do not specify forms of disclosure, the heads of agencies, organizations, and units must implement one or more forms of disclosure prescribed in points b, c, d, đ, e, and g of Clause 1 of this Article. The heads of agencies, organizations, and units may choose to implement additional forms of disclosure prescribed in point a and point h of Clause 1 of this Article.

Article 12. Responsibilities for Implementing Disclosure and Transparency

1. The heads of agencies, organizations, and units are responsible for organizing the implementation of disclosure and transparency regarding the organizational structure and activities of their agencies, organizations, and units in accordance with this Law and other relevant legal provisions.

2. The heads of agencies, organizations, and units are responsible for directing, inspecting, urging, and guiding agencies, organizations, and individuals under their management to implement disclosure and transparency; in case of discovering violations of laws on disclosure and transparency, they must handle them according to their authority or propose those with authority to handle them according to legal provisions.

Article 13. Press Conferences, Statements, and Provision of Information to the Media

1. Agencies, organizations, and units are responsible for organizing press conferences, statements, and provision of information to the media regularly or urgently about their organizational structure and activities, anti-corruption work, and handling of corruption cases according to legal provisions on the media.

2. Agencies, organizations, and units must organize urgent press conferences, statements, and provision of information to the media concerning matters related to their organizational structure and activities that attract public attention, except in cases where other laws on the media provide otherwise.

Article 14. Right to Request Information Provision

1. State agencies, political organizations, socio-political organizations, press agencies, within the scope of their tasks and powers, have the right to request agencies, organizations, units responsible for providing information about the organization and activities of those agencies, organizations, and units in accordance with the provisions of the law.

Within ten days from the date of receipt of the request, the agency, organization, or unit requested must provide the information, except where the content of the information has already been publicly disclosed through mass media, published in print, or publicly posted; if not provided or unable to be provided, they must respond in writing to the requesting agency or organization and clearly state the reasons.

2. Citizens have the right to request state agencies to provide information in accordance with the provisions of the law on access to information.

3. The provision of information by agencies, organizations, and units to officials, civil servants, public officials, employees, and military personnel working at those agencies, organizations, and units shall be carried out in accordance with the provisions of the law on grassroots democracy implementation and relevant laws.

Article 15. Duty to Explain

1. Agencies, organizations, units, and individuals have the duty to explain their decisions and actions in performing assigned tasks and duties when requested by agencies, organizations, units, or individuals directly affected by such decisions and actions. The person responsible for explaining is the head of the agency, organization, or unit, or the person designated or legally authorized to perform this duty.

2. In cases where the press publishes information about law violations and requests answers to issues related to the performance of assigned tasks and duties, the competent agencies, organizations, units, or individuals must explain and publicly disclose the explanation on the press in accordance with the provisions of the law.

3. The duty to explain upon request of a supervisory authority or other competent authorities shall be carried out in accordance with the relevant legal provisions.

4. The Government shall specify the details of Clause 1 of this Article.

Article 16. Reporting and Publicizing Reports on Anti-Corruption Work

1. Annually, the Government has the responsibility to report to the National Assembly on anti-corruption work nationwide; People's Committees at all levels have the responsibility to report to the People's Councils at the same level on anti-corruption work in their localities.

2. The Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office have the responsibility to cooperate with the Government in building reports on anti-corruption work nationwide.

4. Reports on anti-corruption work include the following contents:

a) Assessment of the situation of corruption;

b) Results of implementing preventive measures, detecting, handling corruption, recovering assets from corruption, and other contents in state management of anti-corruption;

c) Assessment of anti-corruption work and directions, solutions, recommendations.

5. Reports on anti-corruption work must be publicly disclosed on the electronic portal or website of state agencies or through mass media.

Article 17. Criteria for evaluating anti-corruption work

1. The evaluation of anti-corruption work shall be carried out based on the following criteria:

a) The quantity, nature, and severity of corruption cases;

b) The development and improvement of policies and laws on anti-corruption;

c) The implementation of preventive measures against corruption;

d) The detection and handling of corruption;

đ) The recovery of assets from corruption.

2. The Government shall provide detailed regulations for this Article.

Section 2

BUILDING AND IMPLEMENTING STANDARDS, CRITERIA, AND REGIMES IN ORGANIZATIONS, UNITS

Article 18. Building, issuing, and implementing standards, criteria, and regimes

1. State agencies, within their assigned tasks and authorities, shall have the responsibility to:

a) Build and issue standards, criteria, and regimes;

b) Publicize regulations on standards, criteria, and regimes;

c) Implement and publicize the results of implementing regulations on standards, criteria, and regimes.

2. Political organizations, political-social organizations, public service units, and other organizations and units using public finance, based on the provisions of Clause 1 of this Article, shall guide the application or cooperate with competent state agencies to build, issue, and publicize standards, criteria, and regimes applicable within their organization or unit, implement and publicize the results of implementing such regulations.

3. Organizations and units shall not issue standards, criteria, and regimes contrary to the law.

Article 19. Inspection, audit, and handling of violations of laws on standards, criteria, and regimes

1. Organizations and units, within their assigned tasks and authorities, shall inspect and audit compliance with regulations on standards, criteria, and regimes, and promptly handle individuals who violate these regulations.

2. Individuals who violate regulations on standards, criteria, and regimes must be handled according to Article 94 of this Law and bear the responsibility for compensation as follows:

a) An individual who permits the use contrary to regulations on standards, criteria, and regimes must return the value of the portion they permitted to be used contrary to regulations and compensate for losses; the individual who uses contrary to regulations on standards, criteria, and regimes shall jointly bear the responsibility for compensation with the individual who permitted the use contrary to regulations on standards, criteria, and regimes;

b) An individual who uses contrary to regulations on standards, criteria, and regimes without authorization must return the value of the portion they used contrary to regulations and compensate for losses.

Section 3

IMPLEMENTATION OF CONDUCT GUIDELINES FOR PERSONS WITH POSITIONS AND AUTHORITY IN ORGANIZATIONS, UNITS

1. Persons with positions and authority in organizations and units when performing tasks and duties and in social relations must adhere to conduct guidelines, including behavioral norms that are actions to be taken or not taken in accordance with the law and the specific nature of their profession to ensure integrity, responsibility, and professional ethics.

2. Persons with positions and authority in organizations and units shall not engage in the following activities:

a) Harassment in the processing of work;

b) Establishing, managing, or operating private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, except where otherwise provided by law;

c) Providing advice to businesses, organizations, or individuals both domestically and internationally regarding matters related to state secrets, job-related secrets, or work within their jurisdiction or participation in its resolution;

d) Establishing, holding management positions, or operating private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives in fields previously under their responsibility for management within a specified period as prescribed by the Government;

đ) Illegally using information of organizations and units;

e) Other activities that persons with positions and authority are prohibited from engaging in according to the Civil Servant Law, the Public Officer Law, the Enterprise Law, and other relevant laws.

3. Heads and deputies of heads of organizations and units shall not arrange for spouses, parents, children, full siblings to hold management positions in human resources, accounting, cashier, warehouse roles within the organization or unit or engage in transactions, purchase and sale of goods, services, or contract signing for the organization or unit.

4. Heads and deputies of heads of state agencies shall not invest capital in enterprises operating in sectors or industries directly managed by them or allow spouses, parents, children to engage in business in sectors or industries directly managed by them.

5. Members of the Board of Directors, members of the Board of Members, Chairmen of companies, General Directors, Deputy General Directors, Directors, Deputy Directors, Chief Accountants, and other managers in state-owned enterprises shall not enter into contracts with enterprises owned by spouses, parents, children, full siblings; permit enterprises owned by spouses, parents, children, full siblings to participate in tenders of their own enterprise; arrange for spouses, parents, children, full siblings to hold management positions in human resources, accounting, cashier, warehouse roles within the enterprise or engage in transactions, purchase and sale of goods, services, or contract signing for the enterprise.

Article 21. Competence to issue codes of conduct for persons holding positions and powers in agencies, organizations, and units

1. The Minister, Head of a ministry-level agency, Head of a government agency, and Director of the National Assembly Office shall issue codes of conduct for persons holding positions and powers under their management in agencies, sectors, and fields. The National Assembly promulgates the code of conduct for persons holding positions and exercising powers within agencies, sectors, and fields under their management.

2. The Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General shall issue codes of conduct for persons holding positions and powers in their respective sectors.

3. The Minister of Home Affairs shall issue the code of conduct for persons holding positions and exercising powers within local administrative machinery.

3. The Minister of Home Affairs shall issue codes of conduct for persons holding positions and powers in local administrative machinery.

Article 22. Gift-giving and receiving gifts

4. Central agencies of political organizations and socio-political organizations shall issue codes of conduct for persons holding positions and powers within their own organizations.

Article 22. Gift-giving and Acceptance of Gifts

3. The Government shall provide detailed regulations on this Article.

1. Agencies, organizations, units, and persons holding positions and powers shall not use public finances or public assets as gifts, except in cases of gift-giving for charitable purposes, diplomatic activities, and other necessary situations as prescribed by law.

1. A person assigned to perform a duty or public service task who knows or is compelled to know that such assignment involves a conflict of interest must report to the competent authority for examination and handling.

2. Agencies, organizations, units, and persons holding positions and powers shall not directly or indirectly accept gifts from agencies, organizations, units, or individuals related to work they handle or fall within their scope of management.

3. A person directly managing or using the services of a person holding a position and exercising power, upon discovering a conflict of interest and if they find that continuing to perform the duty or public service task does not ensure fairness, objectivity, and honesty, must consider and apply one of the following measures:

Article 23. Conflict of Interest Control

1. A person assigned to perform tasks or duties who knows or must know that the assigned tasks or duties involve a conflict of interest shall report to the competent authority for examination and handling.

c) Temporarily transfer the person with a conflict of interest to another position.

4. The Government shall provide detailed regulations on this matter.

Section 4

2. Agencies, organizations, units, and individuals upon discovering a conflict of interest involving a person holding positions and powers shall inform and report to the direct manager or user of such person for examination and handling.

Article 24. Principles for Position Transfer

3. The direct manager or user of a person holding positions and powers, upon discovering a conflict of interest and if continuing to perform the assigned tasks or duties would not ensure correctness, objectivity, and honesty, shall consider and apply one of the following measures:

a) Supervise the performance of tasks or duties assigned to the person with a conflict of interest.

3. The transfer of positions must be carried out according to a plan and made public within the agency, organization, or unit.

b) Suspend or temporarily suspend the performance of tasks or duties assigned to the person with a conflict of interest.

5. The provisions of Clauses 1, 2, 3, and 4 of this Article also apply to the following individuals who do not hold leadership or managerial positions:

c) Temporarily transfer the person with a conflict of interest to another position.

POSITION TRANSFER OF PERSONS HOLDING POSITIONS AND POWERS IN AGENCIES, ORGANIZATIONS, AND UNITS

Article 25. Position of work and periodic rotation term

1. Persons holding positions and powers working at certain positions related to organizational staff work, public financial management, state assets, public investment, directly interacting and handling matters for other agencies, organizations, units, and individuals must be rotated to different positions.

2. The periodic rotation term for positions is from two to five years depending on the characteristics of each sector and field.

3. For agencies, organizations, and units that only have one position required to be periodically rotated and this position has specific professional requirements compared to other positions within the agency, organization, or unit, the rotation of positions shall be proposed by the head of the agency, organization, or unit using the person with positions and powers to the competent authority for decision.

4. The Government shall specify in detail the positions required to be rotated and the periodic rotation term for positions at Ministries, ministerial-level agencies, government agencies, and local authorities.

The Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General, the Director of the President's Office, the Director of the National Assembly's Office, and central agencies of political organizations and socio-political organizations shall specify in detail the positions required to be rotated and the periodic rotation term for persons holding positions and powers under their management authority.

Article 26. Plan for Rotation of Positions

1. Annually, the heads of agencies, organizations, and units must issue and publicly announce plans for rotating positions for persons holding positions and powers within their cadre management authority.

2. The plan for rotating positions must clearly state the purpose, requirements, specific cases requiring rotation of positions, the time for implementing the rotation, the rights and obligations of those who need to rotate positions, and measures to organize and implement the rotation.

Section 5

ADMINISTRATIVE REFORM, APPLICATION OF SCIENCE AND TECHNOLOGY IN MANAGEMENT AND CASHLESS PAYMENTS

Article 27. Administrative Reform

Within their assigned tasks and powers, agencies, organizations, and units shall have the following responsibilities:

1. Publicize and guide administrative procedures, simplify and reduce direct interactions with agencies, organizations, units, and individuals when handling matters;

2. Strengthen inspection and supervision of task and duty performance, financial and asset management and utilization;

3. Build and improve the quality of cadres, civil servants, and public officials; define job positions within their own agencies, organizations, and units;

4. Implement other tasks related to administrative reform.

Article 28. Application of Science and Technology in Management

1. Agencies, organizations, and units shall enhance investment in equipment, improve capacity, promote innovation, and apply science and technology in their organizational structure and activities.

2. Ministries and sectors shall actively build and operate national information and data systems to serve management within their respective fields of responsibility as prescribed by law.

Article 29. Cashless Payment

1. Agencies, organizations, units must implement cashless payment for the following receipts and payments:

a) Receipts and payments with large value in areas that meet the infrastructure conditions to implement cashless payment as prescribed by the Government;

b) Regular payments such as salaries, bonuses, and other recurring expenses.

2. The Government shall apply financial and technological measures to reduce the use of cash in transactions.

Chapter 6

 CONTROL OF ASSETS AND INCOME OF PERSONS WITH POSITIONS AND LIMITATIONS IN AGENCIES, ORGANIZATIONS, UNITS

Subsection 1

AUTHORITY AND RESPONSIBILITY OF AGENCIES, ORGANIZATIONS, UNITS, INDIVIDUALS IN THE CONTROL OF ASSETS AND INCOME

1. The Government Inspectorate shall control assets and income of persons holding positions from Deputy Director of Departments and equivalent positions working at Ministries, agencies at the level of Ministries, government agencies, local authorities, public service units, agencies, organizations established by the Prime Minister's decision, state-owned enterprises; persons who have the obligation to declare assets and income (hereinafter referred to as declarants) under their management authority. 2. The provincial inspectorate shall control assets and income of declarants working at agencies, organizations, units, state-owned enterprises under the management authority of local authorities, except in cases provided for in Clause 1 of this Article.

3. Ministries, agencies at the level of Ministries, government agencies shall control assets and income of declarants working at agencies, organizations, units, state-owned enterprises under their management authority, except in cases provided for in Clause 1 of this Article.

4. The agency assisting the Standing Committee of the National Assembly on representative work shall control assets and income of full-time National Assembly deputies and other declarants under the personnel management authority of the Standing Committee of the National Assembly.

5. The National Assembly Office shall control assets and income of declarants working at agencies under the Standing Committee of the National Assembly, the National Assembly Office, except in cases provided for in Clause 4 of this Article.

6. The President's Office shall control assets and income of declarants working at the President's Office.

7. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Organization shall control assets and income of declarants working at People's Courts, People's Procuracies, the State Audit Organization.

8. The competent agency of the Communist Party of Vietnam, central agencies of political-social organizations shall control assets and income of declarants working within their systems of agencies and organizations.

Article 31. Tasks and Authorities of the Asset and Income Control Agency

1. The asset and income control agency has the following tasks:

a) Managing and updating declarations of assets and income (hereinafter referred to as declarations) and information on asset and income control;

b) Keeping confidential information collected during the process of asset and income control;

c) Applying or proposing competent agencies, organizations, units, individuals to apply protective measures for information providers related to asset and income control. Protection of information providers is carried out as stipulated for whistleblowers under Clause 1 of Article 67 of this Law;

d) Providing declarations, information, data on asset and income control when requested by competent agencies, organizations, units, individuals as prescribed in Article 42 of this Law;

đ) During the process of asset and income control, if violations of the law are discovered, the asset and income control agency must transfer the case to the competent authority for resolution.

2. The asset and income control agency has the following authorities:

a) Requesting declarants to provide, supplement relevant information, explain when there is an increase in assets and income of 300,000,000 dong or more compared to the last declaration or for the purpose of verifying assets and income;

b) Requesting relevant agencies, organizations, units, individuals to provide information about the assets and income of declarants for the purpose of verifying assets and income;

c) Verifying assets and income and recommending handling of violations of laws on asset and income control;

d) Requesting competent agencies, organizations, units, individuals or those managing assets and income to apply necessary measures as prescribed by law to prevent the disposal, destruction, transfer of assets and income or other actions obstructing the verification of assets and income;

đ) Proposing competent agencies, organizations, individuals to appraise, assess, and examine assets and income for the purpose of verification.

3. Requests and proposals stipulated in points b, d, and đ of Clause 2 of this Article must be made in writing by the head of the asset and income verification team, the head or deputy head of the asset and income control agency. The procedures and requirements for requesting and implementing requests for information provision as stipulated in point b of Clause 2 of this Article shall be prescribed by the Government.

3. The request or proposal stipulated in points b, d, and đ Clause 2 of this Article must be implemented in writing by the Head of the Asset and Income Verification Team, the Head, or the Deputy Head of the Asset and Income Control Agency signing it. The procedures for requesting and implementing requests for information provision stipulated in point b Clause 2 of this Article shall be prescribed by the Government.

Article 32. Responsibilities of agencies, organizations, units, and individuals related to asset and income control

The State Treasury, credit institutions, foreign bank branches in Vietnam, public security agencies, tax management agencies, customs, land management, property registration agencies, and other relevant agencies, organizations, units, and individuals within their respective duties and powers shall have the following responsibilities:

1. Provide information related to the verification of assets and income when requested by the Asset and Income Control Agency and be responsible for the accuracy, completeness, and timeliness of the provided information; if unable to provide the information, they must respond in writing and specify the reasons.

2. Apply necessary measures as prescribed by law to clarify information related to the verification of assets and income or to prevent the disposal, destruction, transfer of assets and income, or other actions that obstruct the verification of assets and income.

3. Conduct valuation, appraisal, and inspection of assets and income according to the provisions of the law.

Subsection 2

||| Declaration of Assets and Income

Article 33. Obligation to declare assets and income

1. Individuals with the obligation to declare must declare their own assets and income, as well as changes in their assets and income, and those of their spouse or minor children, in accordance with the provisions of this Law.

2. Individuals with the obligation to declare must truthfully declare their assets and income, and truthfully explain the sources of additional assets and income according to the procedures and formalities stipulated in this Law, and bear legal responsibility for the declaration of assets and income.

1. Civil servants and government officials.

2. Police officers of the People's Public Security Forces; officers of the People's Army, and professional soldiers.

3. Individuals holding positions from Deputy Director of Departments and equivalent levels working at state-owned enterprises, public service units, or those appointed as representatives of state capital in enterprises.

4. Candidates for National Assembly deputies and candidates for People's Council deputies.

Article 35. Assets and income to be declared

1. Assets and income to be declared include:

a) Rights to use land, houses, construction works, and other assets attached to land, houses, and construction works;

b) Precious metals, precious stones, money, negotiable instruments, and other movable assets each valued at VND 50,000,000 or more;

c) Assets and accounts abroad;

d) Total income between two declarations.

2. The Government shall prescribe the format of the declaration form and the implementation of the declaration of assets and income as stipulated in this Article.

1. Initial declaration shall be carried out in the following cases:

a) Individuals holding positions as prescribed in Articles 1, 2, and 3 of Article 34 of this Law at the time this Law comes into effect. The declaration must be completed before December 31, 2019;

b) Individuals first holding positions as prescribed in Articles 1, 2, and 3 of Article 34 of this Law. The declaration must be completed no later than ten days from the date of acceptance, recruitment, or assignment to the position.

2. Supplementary declaration shall be carried out when individuals with the obligation to declare experience changes in their assets and income during the year with a value of VND 300,000,000 or more. The declaration must be completed before December 31 of the year in which the changes occur, except where already declared as prescribed in Article 3 of this provision.

3. Annual declaration shall be carried out in the following cases:

a) Individuals holding positions from Deputy Directors of Departments and equivalent levels. The declaration must be completed before December 31;

b) Individuals not covered by point a of this clause engaged in organizational cadres work, public financial management, state asset management, public investment, or directly interacting and handling matters of other agencies, organizations, units, and individuals as prescribed by the Government. The declaration must be completed before December 31.

4. Declaration for cadre work purposes shall be carried out in the following cases:

a) Individuals with the obligation to declare as prescribed in Articles 1, 2, and 3 of Article 34 of this Law when planning to elect, approve, appoint, reappoint, or assign to another position. The declaration must be completed no later than ten days before the planned election, approval, appointment, reappointment, or assignment to another position;

b) Individuals with the obligation to declare as prescribed in Article 4 of Article 34 of this Law. The timing of the declaration shall be carried out according to the provisions of the law on elections.

Article 37. Organization of Property and Income Declaration

1. The agency, organization, or unit managing and using the person with the obligation to declare shall organize the declaration of property and income as follows:

a) Prepare a list of persons with the obligation to declare and send it to the competent Asset Control Agency;

b) Guide the declaration of property and income for persons with the obligation to declare;

c) Maintain a record of declarations, hand over and receive declaration forms.

2. Persons with the obligation to declare shall be responsible for declaring according to the model and submitting the declaration form to the agency, organization, or unit managing and using the person with the obligation to declare.

Article 38. Acceptance, Management, and Transfer of Property and Income Declaration Forms

1. The agency, organization, or unit managing and using the person with the obligation to declare shall be responsible for accepting and managing the declaration forms.

2. In case the declaration form is not filled out according to the model or is incomplete in content, the agency, organization, or unit shall request supplementary declaration or re-declaration. The deadline for supplementary declaration or re-declaration is seven days from the date of receipt of the request, except in cases of legitimate reasons.

3. Within twenty days from the date of receiving the declaration form, the agency, organization, or unit managing and using the person with the obligation to declare shall review and check the declaration form and transfer one copy of the declaration form to the competent Asset Control Agency.

Article 39. Publicizing Property and Income Declaration Forms

1. The declaration form of the person with the obligation to declare must be publicized at the agency, organization, or unit where that person regularly works.

2. The declaration form of the person proposed to be appointed to a leadership or management position at the agency, organization, or unit must be publicized at the meeting for trust vote.

3. The declaration form of the candidate for National Assembly representative or People's Council representative must be publicized in accordance with the provisions of the election law.

4. The declaration form of the person proposed to be elected or approved at the National Assembly or People's Council must be publicized to National Assembly representatives or People's Council representatives before the election or approval. The time and method of publicizing shall be implemented in accordance with the regulations of the Standing Committee of the National Assembly.

5. The declaration form of the person proposed to be elected to a leadership or management position at a state-owned enterprise shall be publicized at the meeting for trust vote when appointing or at the meeting of the Board of Members when electing leadership positions.

6. The Government shall provide detailed regulations on the time, method, and organization of publicizing the declaration forms specified in Clauses 1, 2, and 5 of this Article.

Article 40. Monitoring Changes in Property and Income

The Asset Control Agency monitors changes in the property and income of the person with the obligation to declare through analysis and evaluation of information from the declaration form or from other sources of information.

In case the Asset Control Agency discovers a change in property or income of 300,000,000 VND or more compared to the previous declaration and the person with the obligation to declare has not declared such change, the Asset Control Agency has the right to request that person to provide or supplement related information; in case there is an increase in property or income, the source of the additional property or income must be explained.

Subsection 3

VERIFYING ASSETS AND INCOME

Article 41. Basis for verifying assets and income

1. The asset and income control agency shall verify assets and income when there is one of the following bases:

a) There are clear signs indicating that the declaration of assets and income is not truthful;

b) There is an increase in assets and income of VND 300,000,000 or more compared to the previously declared assets and income, while the person obligated to declare provides an unreasonable explanation about the source;

c) There is a complaint about the non-truthful declaration of assets and income and it meets the conditions for acceptance according to the Law on Complaints;

d) It falls under the case of verification according to the annual plan for verifying assets and income of persons selected randomly who are obligated to declare;

đ) There is a request or recommendation from agencies, organizations, units, or individuals with authority as stipulated in Article 42 of this Law.

2. The Government shall provide detailed criteria for selecting persons obligated to declare for verification and the construction and approval of the annual plan for verifying assets and income of the asset and income control agency as stipulated in point đ clause 1 of this Article.

Article 42. Authority to Request or Recommend Verification of Assets and Income

1. When there is one of the bases specified in points a, b, and c clause 1 of Article 41 of this Law, or when additional information is deemed necessary to serve personnel work, the following agencies, organizations, or individuals have the right to request or recommend the asset and income control agency to issue a decision to verify assets and income:

a) The Standing Committee of the National Assembly requests verification for persons proposed to be elected, approved, or appointed by the National Assembly or the Standing Committee of the National Assembly, and persons proposed to be appointed as Deputy State Auditor General;

b) The President requests verification for persons proposed to be appointed as Deputy Prime Minister, Minister, Head of an agency at the ministerial level, Deputy Chief Justice of the Supreme People's Court, Judge of the Supreme People's Court, Deputy Prosecutor of the Supreme People's Procuracy, Prosecutor of the Supreme People's Procuracy;

c) The Prime Minister requests verification for persons proposed to be appointed as Deputy Minister and equivalent positions within Ministries and agencies at the ministerial level, heads and deputies of heads of government agencies, and persons proposed to be elected or recommended for approval as Chairperson or Vice Chairperson of provincial People's Committees;

d) The Chief Justice of the Supreme People's Court requests verification for persons proposed to be appointed as Chief Justice or Deputy Chief Justice of courts at all levels, and the Prosecutor General of the Supreme People's Procuracy requests verification for persons proposed to be appointed as Prosecutor General or Deputy Prosecutor General of courts at all levels, except in cases stipulated in point b of this clause;

đ) The Standing Committee of the People's Council requests verification for persons proposed to be elected or approved by the People's Council or the Standing Committee of the People's Council;

e) The Chairperson of the provincial People's Committee, the Chairperson of the district People's Committee requests verification for persons proposed to be elected or recommended for approval as Chairperson or Vice Chairperson of directly subordinate People's Committees;

g) The National Election Committee, the Election Committee, or the Vietnam Fatherland Front Committee requests verification for candidates for National Assembly deputies and candidates for People's Council deputies;

h) The permanent body of political organizations or political-social organizations requests verification for persons proposed to be elected at the congress of political organizations or political-social organizations;

i) The head of an agency, organization, unit, or a person with authority to manage cadres may request or recommend verification for persons obligated to declare who are directly under their management and use, except in cases stipulated in points a, b, c, d, đ, e, g, and h of this clause;

2. Agencies such as the Inspectorate, the State Audit Office, the Investigation Agency, the People's Procuracy, the People's Court, and other agencies or organizations with authority have the right to request the asset and income control agency to verify assets and income if during the process of inspection, audit, investigation, prosecution, trial, or enforcement of judgment, they find it necessary to clarify assets and income related to violations of the law.

Article 43. Content of verification of assets and income

1. The truthfulness, completeness, and clarity of the declaration.

2. The truthfulness in explaining the origin of additional assets and income.

Article 44. Procedure for verification of assets and income

1. Issuing a decision to verify assets and income and establishing a Verification Team for assets and income.

2. Requesting the person subject to verification to explain their assets and income.

3. Conducting the verification of assets and income.

4. Reporting the results of the verification of assets and income.

5. Concluding the verification of assets and income.

6. Sending and publicizing the conclusion of the verification of assets and income.

Article 45. Decision on verification of assets and income

1. The head of the Asset and Income Control Agency shall issue a decision to verify assets and income within five working days from the date of having grounds for verification as stipulated in point đ clause 1 of Article 41 of this Law, or fifteen days from the date of having grounds for verification as stipulated in points a, b, c, and d clause 1 of Article 41 of this Law.

2. The decision to verify assets and income shall include the following contents:

a) Grounds for issuing the decision to verify.

b) Name, position, place of work of the person subject to verification of assets and income.

c) Name, position, place of work of the Head and members of the Verification Team for assets and income.

d) Content of verification.

đ) Time limit for verification.

e) Duties and powers of the Head and members of the Verification Team for assets and income.

g) Agencies, organizations, units, individuals to cooperate (if any).

3. The decision to verify assets and income must be sent to the Head and members of the Verification Team for assets and income, the person subject to verification, and related agencies, organizations, units, and individuals within three working days from the date of issuing the decision to verify.

Article 46. Verification Team for assets and income

1. The Verification Team for assets and income consists of the Head and members. In cases where the content of verification involves complex circumstances related to many agencies, organizations, and units, the head of the Asset and Income Control Agency may request relevant agencies, organizations, and units to send representatives to join the Verification Team for assets and income.

No person who is the spouse, father, mother, child, brother, sister, or half-sibling of the person subject to verification, or any other person who may not be impartial in verifying assets and income, shall be assigned to participate in the Verification Team for assets and income.

2. The Head of the Verification Team for assets and income has the following duties and powers:

a) Requesting the person subject to verification to explain the truthfulness, completeness, and clarity of the declaration, the origin of additional assets and income compared to the last declared assets and income.

b) Requesting agencies, organizations, units, and individuals to provide information and documents related to the content of verification as stipulated in clause 3 of Article 31 of this Law.

c) Recommending agencies, organizations, or units with authority, or those managing assets and income, to apply necessary measures under the law to prevent the disposal, destruction, transfer of assets and income, or other actions hindering the verification process.

d) Proposing competent authorities to appraise, assess, or examine assets and income to serve the verification process.

đ) Reporting the results of the verification of assets and income in writing to the decision-maker and bearing legal responsibility before the law and the decision-maker regarding the content of the report.

e) Keeping confidential the information and documents collected during the verification process.

3. Members of the Verification Team for assets and income have the following duties and powers:

a) Collecting information and documents, verifying on-site for assets and income, and performing other tasks assigned by the Head.

b) Recommending the Head to apply measures as stipulated in clause 2 of this Article to ensure the fulfillment of assigned tasks.

c) Reporting the results of the assigned tasks to the Head and bearing legal responsibility before the law and the Head regarding the content of the report.

d) Keeping confidential the information and documents collected during the verification process.

Article 47. Rights and Obligations of the Person Whose Assets and Income are Verified

1. Explain the truthfulness, completeness, and clarity of the declaration, the origin of assets and additional income.

2. Provide information related to the verification content when requested by the Verification Team for Assets and Income and bear responsibility for the accuracy of the provided information.

3. Fully and promptly implement requests from the Verification Team for Assets and Income, competent authorities, organizations, and individuals during the asset and income verification process.

4. Comply with decisions on handling by competent authorities, organizations, and individuals regarding asset and income control.

5. Lodge complaints against decisions and actions of competent authorities, organizations, and individuals in verifying assets and income if there is evidence that such decisions and actions violate the law and infringe upon their legitimate rights and interests.

6. Report violations of the law by competent authorities, organizations, and individuals in verifying assets and income.

7. Be restored honor, have their rights and legitimate interests infringed upon restored, and be compensated for losses caused by violations of the law by the person verifying assets and income according to the provisions of the law.

Article 48. Reporting the Results of Asset and Income Verification

1. Within forty-five days from the date of issuing the decision to verify, the head of the Verification Team for Assets and Income must report the results of asset and income verification in writing to the person who issued the verification decision; in complex cases, the deadline may be extended but not exceed ninety days.

2. The report on the results of asset and income verification includes the following contents:

a) The content verified, the verification activities conducted, and the verification results;

b) Evaluation of the truthfulness, completeness, and clarity of the declaration; the truthfulness in explaining the origin of additional assets and income;

c) Recommendations for handling violations of the law on asset and income control.

Article 49. Conclusion of Asset and Income Verification

1. Within ten days from the date of receiving the report on the results of asset and income verification, the person who issued the verification decision must issue the Conclusion of Asset and Income Verification; in complex cases, the deadline may be extended but not exceed twenty days.

2. The Conclusion of Asset and Income Verification includes the following contents:

a) The truthfulness, completeness, and clarity of the declaration of assets and income;

b) The truthfulness in explaining the origin of additional assets and income;

c) Recommendations for competent authorities to handle violations of the law on asset and income control.

3. The person issuing the Conclusion of Asset and Income Verification must be responsible for the objectivity and truthfulness of the Conclusion of Asset and Income Verification.

4. The Conclusion of Asset and Income Verification must be sent to the person whose assets and income are verified and the authority, organization, unit, or individual requesting or recommending verification as stipulated in Article 42 of this Law.

5. The person whose assets and income are verified has the right to lodge complaints about the Conclusion of Asset and Income Verification according to the law on complaints.

Article 50. Publicizing the Conclusion of Asset and Income Verification

1. Within five working days from the date of issuing the Conclusion of Asset and Income Verification, the person who issued the decision to verify assets and income has the responsibility to publicize the Conclusion of Asset and Income Verification.

2. The publicizing of the Conclusion of Asset and Income Verification is carried out like the publicizing of declarations as stipulated in Article 39 of this Law.

Article 51. Handling of acts of declaring assets and income dishonestly, explaining the source of additional assets and income dishonestly

1. A person who declares assets and income dishonestly, explains the source of additional assets and income dishonestly when running for election as a member of the National Assembly or People's Council shall have their name removed from the list of candidates.

2. A person who is proposed for appointment, reappointment, approval, or assignment to a position and declares assets and income dishonestly, explains the source of additional assets and income dishonestly shall not be appointed, reappointed, approved, or assigned to the proposed position.

3. A person who has the obligation to declare assets and income and does not fall under the cases stipulated in Clause 1 and Clause 2 of this Article, who declares assets and income dishonestly, explains the source of additional assets and income dishonestly shall be subject to disciplinary action in the form of warning, demotion in rank, reduction in grade, removal from office, dismissal, or removal from office, depending on the nature and severity of the violation; if they are included in the planning for leadership and management positions, they will also be removed from the planning list; in cases where they resign from their duties, resign, or are relieved of their duties, disciplinary action may not be imposed.

4. The disciplinary decision shall be publicly announced at the agency, organization, or unit where the disciplined person works.

Subsection 4

NATIONAL DATABASE ON ASSET AND INCOME CONTROL

Article 52. National database on asset and income control

1. The national database on asset and income control includes information on declarations, conclusions on verification of assets and income, and other data related to asset and income control as prescribed by this Law.

2. The national database on asset and income control shall be established and managed centrally at the Government Inspectorate.

Article 53. Responsibilities for establishing and managing the national database on asset and income control

1. The Government Inspectorate shall have the following responsibilities:

a) Establishing, managing, exploiting, and protecting the national database on asset and income control throughout the country;

b) Guiding the establishment, management, exploitation, and protection of the national database on asset and income control;

c) Receiving, updating, and processing information on asset and income control provided by agencies, organizations, units managing persons with the obligation to declare, and other asset and income control agencies;

d) Providing information from the national database on asset and income control;

đ) Implementing statistical and reporting systems for managing the national database on asset and income control throughout the country.

2. Other asset and income control agencies shall have the following responsibilities:

a) Establishing, managing, exploiting, and protecting the database on asset and income control within their jurisdiction;

b) Receiving, updating, and processing information on asset and income control provided by agencies, organizations, units managing and using persons with the obligation to declare within their jurisdiction;

c) Providing information from the database on asset and income control within their jurisdiction;

d) Implementing statistical and reporting systems for managing the database on asset and income control within their jurisdiction according to their authority.

Article 54. Protection, storage, exploitation, and provision of information for the national database on asset and income control

Clause 1. The national database on asset and income control must be strictly secured, protected, kept safe, stored long-term, and exploited effectively.

Clause 2. The agency responsible for asset and income control has the right to access and exploit the national database on asset and income control to serve the verification of assets and incomes within its scope of duties and powers.

Clause 3. The provision of information from the national database on asset and income control shall only be carried out upon request from agencies, organizations, units, or individuals with authority as stipulated in Article 42 of this Law. Requests for providing information from the national database on asset and income control must be made in writing. The request document must clearly state the reasons, purpose of use, and scope, content, information, and data to be provided. The agency responsible for asset and income control has the responsibility to provide declarations, information, and data on asset and income control in writing to the requesting agencies, organizations, units, or individuals within ten days from the date of receipt of the request.

4. The Government shall provide detailed regulations on this matter.

Chapter III

DISCOVERY OF CORRUPTION IN AGENCIES, ORGANIZATIONS, UNITS

Section 1

INSPECTION AND SELF-INSPECTION WORK OF AGENCIES, ORGANIZATIONS, UNITS

Article 55. Inspection work of state management agencies

Clause 1. The head of state management agencies is responsible for organizing inspections of the compliance with laws by agencies, organizations, units, and individuals under their management to promptly detect, prevent, and handle corruption.

Clause 2. When discovering acts of corruption, the head of state management agencies must promptly handle them according to their authority or report to competent agencies for handling in accordance with the law.

Article 56. Self-inspection work of agencies, organizations, units

Clause 1. The head of agencies, organizations, and units is responsible for proactively organizing inspections of the performance of tasks and public services by officials and persons in charge under their management who regularly and directly deal with the affairs of other agencies, organizations, units, and individuals to promptly detect, prevent, and handle corruption.

Clause 2. The head of agencies, organizations, and units is responsible for regularly urging subordinate units to inspect officials and persons in charge under their management in performing their tasks and public services.

Clause 3. When discovering acts of corruption, the head of agencies, organizations, and units must promptly handle them according to their authority or report to competent agencies for handling in accordance with the law.

Article 57. Inspection of anti-corruption activities in the Inspectorate, State Audit Agency, Investigation Agency, People's Procuracy, and People's Court

Clause 1. The head of the Inspectorate, State Audit Agency, Investigation Agency, People's Procuracy, and People's Court must strengthen the management of cadres, civil servants, public officials, and other persons in charge; direct internal inspection work to prevent abuse of power, harassment, and other illegal acts in anti-corruption activities.

Clause 2. Cadres, civil servants, public officials, and other persons in charge of the Inspectorate, State Audit Agency, Investigation Agency, People's Procuracy, and People's Court who violate the law in anti-corruption activities shall be subject to disciplinary action or criminal liability prosecution depending on the nature and severity of the violation; if causing damage, they must compensate or make restitution in accordance with the law.

Article 58. Forms of inspection

1. Regular inspections are conducted according to programs and plans, focusing on areas and activities prone to corruption.

2. Surprise inspections are carried out when signs of corruption are detected.

Section 2

DISCOVERY OF CORRUPTION THROUGH SUPERVISION, AUDITING, AND INSPECTION ACTIVITIES

Article 59. Discovery of corruption through supervision activities of people's representative bodies, representatives, and handling of requests from people's representative bodies, representatives

1. The National Assembly, Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils, Permanent Delegations of People's Councils, Committees of People's Councils, Representative Groups of People's Councils, People's Council deputies, upon discovering cases with signs of corruption through supervisory activities, shall request the Inspection Agency, State Audit Office, Investigation Agency, People's Procuracy to handle according to the provisions of the law.

2. Upon receiving the request specified in Clause 1 of this Article, the Inspection Agency, Investigation Agency, People's Procuracy, within their respective duties and powers, must verify, handle, and report the results to the agency or representative that made the request.

3. Upon receiving the request specified in Clause 1 of this Article, the State Audit Office shall conduct an audit or consider and decide on conducting an audit according to the provisions of the Law on State Audit and report the results to the agency or representative that made the request.

Article 60. Discovery of corruption through auditing and inspecting activities

1. The Inspection Agency, State Audit Office, through auditing and inspecting activities, have the responsibility to proactively discover acts of corruption, handle according to their authority or propose handling according to the provisions of the law, and bear legal responsibility for their decisions.

2. Within their respective duties and powers, the Government Inspectorate, Ministry Inspectorates, Provincial Inspectorates, State Audit Office may issue decisions to inspect or audit cases with signs of corruption based on the provisions of the Law on Inspection and the Law on State Audit when there is sufficient basis.

1. The Inspection Agency, within its respective duties and powers, has the authority to inspect cases with signs of corruption as follows:

a) The Government Inspectorate inspects cases with signs of corruption involving individuals holding positions at or above the level of Department Director working in Ministries, agencies equivalent to Ministries, government agencies, local authorities, public service units, organizations established by the Prime Minister's decision, state-owned enterprises under the central management authority, and individuals working at the Government Inspectorate. The Prime Minister decides on the establishment; state-owned enterprises under the central agency's jurisdiction implement; personnel working at the Government Inspectorate carry out;

b) Ministry Inspectorates inspect cases with signs of corruption involving individuals working in units under the management authority of Ministries, agencies equivalent to Ministries, except for cases specified in point a of this clause.

c) Provincial Inspectorates inspect cases with signs of corruption involving individuals working in units, state-owned enterprises under the management authority of local authorities, except for cases specified in point a of this clause.

2. Units subordinate to the State Audit Office audit cases with signs of corruption at agencies and organizations managing and using public finance and assets according to the assignment of the Chief State Auditor.

3. Procedures and processes for conducting inspections and audits of cases with signs of corruption are carried out according to the laws on inspection and laws on state audit.

4. The Chief Government Inspector and the Chief State Auditor are responsible for coordinating to address overlaps in inspection and auditing activities of cases with signs of corruption.

Article 62. Responsibility for Handling Cases with Signs of Corruption Discovered through Inspection and Audit Activities

During the inspection and audit process, if signs of corruption are discovered, the person issuing the inspection decision, the person issuing the audit decision must direct verification and clarification of the corruption case and handle it as follows:

1. In cases where there are signs of criminal offenses, immediately transfer the case file and recommend the Investigation Agency to consider and initiate criminal proceedings, while notifying in writing the People's Procuracy at the same level. In this case, the Inspection Agency and the State Audit continue to conduct inspection and audit activities on other contents according to the approved inspection plan and audit plan, and issue the Inspection Conclusion and State Audit Report in accordance with the laws on inspection and state audit.

2. In cases where there are no signs of criminal offenses, recommend the competent agencies, organizations, units, and individuals to handle the persons who have committed violations. The competent agencies, organizations, units, and individuals handling the matter must notify in writing the results of the handling to the Inspection Agency and the State Audit that made the recommendation.

Article 63. Publicizing the Inspection Conclusion and State Audit Report on Cases with Signs of Corruption

1. The person issuing the inspection decision, the person issuing the audit decision has the responsibility to publicize the Inspection Conclusion and State Audit Report on cases with signs of corruption.

2. Publicizing the Inspection Conclusion and State Audit Report on cases with signs of corruption shall be carried out in accordance with the laws on inspection and state audit.

Article 64. Handling Violations in Inspection and Audit Activities

1. In cases where, after completing the inspection and audit, another competent authority discovers a corruption case occurring at the agency, organization, or unit that was inspected and audited on the same content, the Head of the Inspection Team, the Head of the Audit Team, members of the Inspection Team, members of the Audit Team, and related individuals who conducted the previous inspection and audit, if they are found to be at fault, shall be subject to disciplinary action or criminal liability追究根据法律规定的情节和程度。

2. In cases where the inspection team or audit team has already discovered and reported signs of corruption but the person issuing the inspection decision or the person issuing the audit decision does not handle it, the Head of the Inspection Team, the Head of the Audit Team, members of the Inspection Team, members of the Audit Team, and related individuals shall not bear responsibility. In this case, the person issuing the inspection decision or the person issuing the audit decision shall bear responsibility in accordance with the law.

Section 3

REPORTING, COMPLAINTS, AND REPORTS ON CORRUPT ACTIVITIES

Article 65. Reporting, Complaints, and Handling Reports and Resolving Complaints about Corrupt Activities

1. Individuals and organizations have the right to report corrupt activities, and individuals have the right to complain about corrupt activities in accordance with the law.

2. When receiving reports or complaints about corrupt activities, competent agencies, organizations, units, and individuals must promptly examine and handle them and apply measures to protect the reporters and complainants.

3. The acceptance and resolution of complaints about corrupt activities shall be carried out in accordance with the law on complaints.

4. The acceptance and handling of reports about corrupt activities shall be carried out in accordance with the law on receiving citizens' visits.

Article 66. Reporting and Handling Reports on Acts of Corruption

1. When civil servants, public officials, employees, workers, and military personnel discover acts of corruption within their working agencies, organizations, or units, they must immediately report to the head of that agency, organization, or unit; if the head of the agency, organization, or unit is involved in the act of corruption, they must report to the head of the managing agency, organization, or unit with authority over personnel.

2. Within fifteen days from the date of receiving a report on an act of corruption, the person receiving the report must handle the matter according to their authority or transfer it to the competent agency, organization, or individual for examination and handling, and inform the reporter; for complex cases, the deadline may be extended but not exceed thirty days; when necessary, the person receiving the report decides or requests the competent authority to apply measures to prevent and mitigate the consequences of the act of corruption and protect the reporter.

Article 67. Protection of Persons Reporting, Accusing, and Reporting on Acts of Corruption

1. The protection of persons accusing acts of corruption shall be carried out in accordance with the provisions of the Law on Accusation.

2. Persons reporting on acts of corruption shall be entitled to protective measures similar to those provided for accusers.

Article 68. Rewarding Persons Reporting, Accusing, and Reporting on Acts of Corruption

Persons who have achievements in reporting, accusing, and reporting on acts of corruption shall be rewarded in accordance with the provisions of the law.

Article 69. Responsibilities of Persons Reporting, Accusing, and Reporting on Acts of Corruption

1. Persons reporting on acts of corruption must bear legal responsibility for the truthfulness of the reported content.

2. Persons accusing acts of corruption must bear responsibility for their accusations in accordance with the provisions of the Law on Accusation.

Chapter IV

RESPONSIBILITY REGIME OF HEADS OF AGENCIES, ORGANIZATIONS, AND UNITS IN PREVENTING AND COMBATING CORRUPTION

Article 70. Responsibilities of Heads of Agencies, Organizations, and Units in Preventing and Combating Corruption

1. Direct the implementation of the contents prescribed in Clause 1 of Article 4 of this Law.

2. Set an example by being honest and incorruptible; strictly comply with the provisions of the law on preventing and combating corruption, rules of conduct, professional ethics, and business ethics.

3. Bear responsibility when corruption occurs in the agency, organization, or unit under their management or supervision in accordance with the provisions of Articles 72 and 73 of this Law.

Article 71. Responsibilities of Heads of Agencies, Organizations, and Units in Applying Measures to Temporarily Suspend Work or Transfer to Another Position

1. When there is evidence suggesting that a person with authority has committed a violation of the law related to corruption, the head of the agency, organization, or unit, within their authority or upon request or proposal from the competent authority managing personnel, shall temporarily suspend the work or transfer such person to another position to verify and clarify the act of corruption if it is deemed that continuing their work may hinder the examination and handling of the case.

2. The head of the agency, organization, or unit or the competent authority managing personnel shall consider temporarily suspending the work or transferring to another position a person with authority upon receiving a request from the Inspection Agency, State Audit Office, Investigation Agency, People's Procuratorate, or People's Court if during the inspection, audit, investigation, prosecution, or trial process, there is evidence indicating that such person has committed an act of corruption.

3. The head of the agency, organization, or unit or the competent authority managing personnel shall immediately revoke the decision and publicly announce the revocation of the decision to temporarily suspend work or transfer to another position, restore the legitimate rights and interests of the person with authority once the competent agency, organization, or unit concludes that such person did not commit an act of corruption.

4. The Government shall provide detailed regulations on the procedures, formalities, deadlines for temporarily suspending work or transferring to another position; the entitlement to salary, allowances, other legitimate rights and interests, and compensation for restoring the legitimate rights and interests of the person with authority once the competent agency, organization, or unit concludes that such person did not commit an act of corruption.

Article 72. Liability of Heads and Deputies of Heads of Agencies, Organizations, and Units for Corruption Occurring Under Their Management and Supervision

Clause 1. The head of an agency, organization, or unit shall bear direct responsibility when corruption occurs among persons directly managed or assigned tasks by them.

Clause 2. The deputy of the head of an agency, organization, or unit shall bear direct responsibility when corruption occurs within their field of work and in units directly under their management; the head of the agency, organization, or unit shall bear joint liability.

Article 73. Handling of Liability of Heads and Deputies of Heads of Agencies, Organizations, and Units for Corruption Occurring Under Their Management and Supervision

Clause 1. When heads and deputies of heads of agencies, organizations, and units bear direct responsibility for corruption as stipulated in Article 72 of this Law, they shall be subject to disciplinary action or criminal prosecution.

Clause 2. When the head of an agency, organization, or unit bears joint liability for corruption as stipulated in Clause 2 of Article 72 of this Law, they shall be subject to disciplinary action.

Clause 3. Heads and deputies of heads of agencies, organizations, and units may be considered for exemption, mitigation, or reduction of legal responsibility, or increased responsibility in the following cases:

Point a. They may be exempted from responsibility if they could not have known or had applied necessary measures to prevent and stop acts of corruption.

Point b. They may be considered for exemption or mitigation of responsibility if they had applied necessary measures to stop and mitigate the consequences of acts of corruption, or had promptly discovered, reported, and handled corruption in accordance with the law.

Point c. They may be considered for exemption or mitigation of disciplinary measures if they voluntarily resign before the competent authority discovers and handles the case, except in cases of criminal prosecution.

Point d. They may be considered for increased responsibility if they discover acts of corruption but fail to apply necessary measures to stop and mitigate the consequences of such acts, or fail to promptly report and handle corruption in accordance with the law.

Clause 4. In political organizations, political-social organizations, and social organizations, heads and deputies of heads who allow corruption within their organizations shall be subject to handling according to this Article and also according to the charter, regulations, and provisions of those organizations.

Chapter V

SOCIAL RESPONSIBILITY IN PREVENTING AND COMBATING CORRUPTION

Article 74. Responsibilities of the Vietnam Fatherland Front and its Member Organizations

Clause 1. The Vietnam Fatherland Front and its member organizations shall have the following responsibilities:

Point a. To promote propaganda and mobilize the people to implement laws on preventing and combating corruption; to provide social feedback and suggestions for improving policies and laws on preventing and combating corruption; to suggest measures for preventing, detecting, and handling corruption.

Point b. To encourage the people's active participation in detecting, reporting, denouncing, and providing information about acts of corruption.

Point c. To provide information to competent authorities, organizations, units, and individuals in detecting and handling corruption.

Point d. To monitor the implementation of laws on preventing and combating corruption.

Clause 2. The Vietnam Fatherland Front and its member organizations have the right to request competent authorities, organizations, units, and individuals to apply preventive measures against corruption, investigate corruption cases, handle persons involved in corruption, recover corrupt assets, and suggest protection and rewards for persons who detect and denounce acts of corruption. Competent authorities, organizations, units, and individuals must consider and respond within 15 days from the date of receipt of requests and suggestions; for complex cases, the response period may be extended but not exceed 30 days.

Article 75. Responsibilities of news agencies and journalists

1. News agencies and journalists shall have the responsibility to combat corruption, report on anti-corruption activities and corruption cases.

2. News agencies and journalists have the right to request relevant authorities, organizations, units, and individuals to provide information related to acts of corruption. The authorities, organizations, units, and individuals requested shall have the responsibility to provide information in accordance with the laws on press and other relevant laws.

3. News agencies and journalists shall have the responsibility to reflect objectively and truthfully, and comply with other provisions of the laws on press and professional ethics when reporting on anti-corruption activities and corruption cases.

Article 76. Responsibilities of enterprises, business associations, and industry associations

1. Enterprises, business associations, and industry associations shall have the responsibility to promote and encourage their employees, members, and associates to implement the regulations on anti-corruption; organize preventive measures against corruption; promptly report acts of corruption to competent authorities.

2. Enterprises, business associations, and industry associations shall have the responsibility to propose improvements to policies and laws on anti-corruption.

3. Authorities, organizations, units, and individuals with competence shall cooperate with business associations and industry associations to organize forums for exchanging and providing information to serve anti-corruption work.

Article 77. Responsibilities of citizens, People's Inspection Committees, Investment Supervision Committees of Communities

1. Citizens themselves or through People's Inspection Committees, Investment Supervision Committees of Communities or through organizations they are members of participate in anti-corruption efforts.

2. People's Inspection Committees, Investment Supervision Committees of Communities, within the scope of their tasks and powers, supervise the implementation of laws on anti-corruption.

Chapter VI

 ANTI-CORRUPTION IN ENTERPRISES AND ORGANIZATIONS OUTSIDE THE STATE

Section 1

BUILDING A STRONG BUSINESS CULTURE FREE OF CORRUPTION

Article 78. Professional ethics rules, business ethics rules

1. Professional ethics rules and business ethics rules are standards of conduct appropriate to the professional characteristics of practitioners and business operators aimed at ensuring integrity in practice and business.

2. Encourage enterprises, business associations, industry associations, social organizations, and occupational associations to issue business ethics rules and professional ethics rules for their employees, members, and associates based on this Law and other relevant laws.

Article 79. Building codes of conduct and internal control mechanisms to prevent corruption

1. Enterprises and other economic organizations shall establish and implement codes of conduct and internal control mechanisms to prevent conflicts of interest, prevent acts of corruption, and build a healthy business culture free of corruption.

2. Business associations and industry associations shall have the responsibility to organize, encourage, and motivate members and associates to build a healthy business environment free of corruption; monitor compliance with laws on anti-corruption by members and associates, actively participate in improving policies and laws.

Section 2

APPLYING THE LAW ON ANTI-CORRUPTION TO ENTERPRISES AND ORGANIZATIONS OUTSIDE THE STATE

Article 80. Application of anti-corruption measures in enterprises and organizations outside the state sector

1. The following provisions shall apply to public companies, credit institutions, and social organizations established or approved by the Prime Minister, the Minister of Home Affairs, or the Chairman of the People's Committee at the provincial level with the mobilization of contributions from the people for charitable activities: a) The principles of transparency, contents of transparency, forms of transparency, responsibilities for implementing transparency as stipulated in Article 9, points a, c, and d Clause 1 Article 10, Article 11, and Article 12 of this Law;

b) Conflict of interest control as stipulated in Article 23 of this Law;

c) Responsibilities, handling of responsibilities of heads and deputy heads of heads as stipulated in Article 72, points a, b, and d Clause 3 Article 73 of this Law.

Article 81. Inspection of the implementation of laws on anti-corruption in enterprises and organizations outside the state sector

2. The Government shall provide detailed regulations for this Article.

1. The Government Inspectorate, Ministry Inspectorates, and Provincial Inspectorates, within their respective duties and powers, shall inspect the implementation of laws on anti-corruption in public companies, credit institutions, and social organizations established or approved by the Prime Minister, the Minister of Home Affairs, or the Chairman of the People's Committee at the provincial level with the mobilization of contributions from the people for charitable activities when there are clear signs of violations of the provisions of Article 80 of this Law.

2. The procedures and processes for inspecting the implementation of laws on anti-corruption as stipulated in Clause 1 of this Article shall be carried out in accordance with the regulations on inspection. 3. The Chief Inspector General shall be responsible for resolving overlaps and duplications in inspection activities as stipulated in Clause 1 of this Article. Article 82. Detection of corruption in enterprises and organizations outside the state sector

1. Enterprises and organizations outside the state sector shall be responsible for self-inspection to promptly detect, handle, and report acts of corruption in their own enterprises and organizations to competent authorities.

2. Inspection agencies, when conducting inspection activities and discovering acts of corruption in enterprises and organizations outside the state sector, shall be responsible for handling according to their authority or transferring to competent authorities for handling in accordance with the law.

4. The Government shall provide detailed regulations on this matter.

3. Agencies, organizations, units, and individuals who discover acts of corruption in enterprises and organizations outside the state sector shall be responsible for reporting, denouncing, and reporting in accordance with the provisions of Section 3 Chapter III of this Law.

DUTIES OF STATE AGENCIES IN PREVENTING AND COMBATING CORRUPTION

Article 83. Specialized Units for Combating Corruption

1. In the Government Inspectorate, the Ministry of Public Security, and the Supreme People's Procuracy, there are specialized units for combating corruption.

Chapter VII

2. The Prosecutor General of the Supreme People's Procuracy shall stipulate the organization, tasks, and powers of the specialized unit for combating corruption in the Supreme People's Procuracy and submit it to the Standing Committee of the National Assembly for approval. The Chief Inspector General and the Minister of Public Security shall stipulate the organization, tasks, and powers of the specialized unit for combating corruption in the Government Inspectorate and the Ministry of Public Security.

Article 83. Specialized Units for Anti-Corruption

1. In the Government Inspectorate, Ministry of Public Security, Supreme People's Procuracy there are specialized units for anti-corruption.

2. The Chief Prosecutor of the Supreme People's Procuracy shall establish the organizational structure, tasks, and powers of the specialized anti-corruption unit within the Supreme People's Procuracy and submit it for approval by the Standing Committee of the National Assembly. The State Auditor General and the Minister of Public Security shall establish the organizational structure, tasks, and powers of the specialized anti-corruption unit within the Government Inspectorate and the Ministry of Public Security.

Article 84. Responsibilities of the Government, Ministries, and Equivalent Agencies to Ministries

1. The Government shall uniformly manage state affairs on anti-corruption work throughout the country.

2. The Government Inspectorate is the lead agency assisting the Government in managing state affairs on anti-corruption work and shall have the following responsibilities:

a) Issuing or submitting to competent state agencies for issuance and implementation of policies and laws on anti-corruption within its authority;

b) Managing the implementation of preventive measures against corruption within its authority;

c) Inspecting and auditing anti-corruption work within its authority; organizing, directing, and guiding inspection activities related to the implementation of laws on anti-corruption;

d) Managing the national database on asset control and income declaration;

đ) Cooperating with relevant agencies and organizations to train and enhance the expertise of staff involved in anti-corruption work;

e) Preparing annual reports on anti-corruption work.

3. The Ministry of Public Security and the Ministry of National Defense, within their respective duties and powers, shall be responsible for organizing criminal investigation activities against corruption offenses.

4. Ministries and equivalent agencies to ministries, within their respective duties and powers, shall be responsible for cooperating with the Government Inspectorate in managing state affairs on anti-corruption work.

Article 85. Responsibilities of People's Committees at all levels

People's Committees at all levels, within their respective duties and powers, shall have the following responsibilities:

1. Issuing or submitting to competent authorities for issuance of legal documents on anti-corruption within their authority;

2. Organizing propaganda, dissemination, and education on laws related to anti-corruption;

3. Directing and organizing the implementation of anti-corruption work;

4. Organizing inspection and handling complaints and denunciations related to anti-corruption;

5. Annually reporting to the People's Councils at the same level about anti-corruption work.

Article 86. Responsibilities of the Supreme People's Procuracy and the Supreme People's Court

1. The Supreme People's Procuracy shall be responsible for organizing and directing the exercise of prosecution rights, supervising compliance with laws in the process of receiving, handling accusations, reports of crimes, recommendations for prosecution initiation, prosecution initiation, investigation, prosecution, trial, and enforcement of sentences for corruption crimes; investigating corruption crimes in judicial activities where the perpetrators are officers or civil servants from investigative agencies, people's procuracies, courts, enforcement agencies, or persons authorized to conduct judicial activities.

2. The Supreme People's Court shall review judgments and retrials of corruption cases within its jurisdiction, supervise the trials of corruption cases by other courts, summarize practical trial experiences, and ensure uniform application of laws in the trial of corruption cases.

Article 87. Responsibilities of the State Audit Agency

The State Audit Agency shall be responsible for auditing to prevent and detect corruption, and auditing cases showing signs of corruption as prescribed by law.

Article 88. Responsibilities for Cooperation among Inspection Agencies, the State Audit Agency, Investigative Agencies, the People's Procuracies, the People's Courts, and Other Agencies and Organizations

1. Inspection agencies, the State Audit Agency, investigative agencies, people's procuracies, and people's courts, within their respective duties and powers, shall have the following responsibilities:

a) Cooperating with each other and with other agencies and organizations in preventing, detecting, stopping, and dealing with corruption;

b) Cooperating in summarizing, evaluating, and forecasting the situation of corruption; proposing policies, laws, and solutions for preventing and combating corruption.

2. Other agencies and organizations, within their respective duties and powers, shall be responsible for creating conditions and cooperating with inspection agencies, the State Audit Agency, investigative agencies, people's procuracies, and people's courts in detecting and dealing with corruption.

Chapter VIII

INTERNATIONAL COOPERATION ON ANTI-CORRUPTION

Article 89. General Principles on International Cooperation

The State commits to implementing international treaties on preventing and combating corruption to which the Socialist Republic of Vietnam is a party; cooperates with other countries, international organizations, foreign organizations, and individuals in activities to prevent and combat corruption based on the principles of respecting independence, sovereignty, territorial integrity, and mutual benefit.

Article 90. Responsibility for Implementing International Cooperation

1. The Government Inspectorate shall coordinate with the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Public Security, and other relevant agencies to implement international cooperation in research, training, policy development, financial support, technical assistance, information exchange, and experience sharing in preventing and combating corruption.

2. The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security, within their respective functions and powers, shall implement international cooperation in judicial assistance in preventing and combating corruption.

Article 91. International Cooperation in Recovering Corrupt Assets

1. Based on international treaties to which the Socialist Republic of Vietnam is a party and consistent with the fundamental principles of Vietnamese law, competent authorities of Vietnam shall cooperate with foreign competent authorities in asset seizure, account freezing, confiscation, or recovery of corrupt assets, and returning such assets to their rightful owners or lawful managers.

2. The Supreme People's Procuracy shall be the central agency for international cooperation in recovering corrupt assets in criminal proceedings; receiving and processing requests for criminal judicial assistance from foreign countries regarding the recovery of corrupt assets, and proposing that foreign countries implement requests for criminal judicial assistance from Vietnam concerning the recovery of corrupt assets.

3. The Government Inspectorate, the Ministry of Justice, the Ministry of Foreign Affairs, and related state agencies, within their respective functions and powers, shall be responsible for coordinating with the Supreme People's Procuracy in international cooperation on recovering corrupt assets.

Chapter IX

 TREATMENT OF CORRUPTION AND OTHER VIOLATIONS OF LAWS ON PREVENTING AND COMBATING CORRUPTION

Section 1 TREATMENT OF CORRUPTION

Article 92. Treatment of Persons Engaging in Corruption

1. Any person engaging in corruption, regardless of their position or job, must be strictly dealt with according to the law, including those who have retired, resigned, or transferred jobs.

2. A person engaging in corruption as defined in Article 2 of this Law shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law.

3. In cases where the person engaging in corruption who is disciplined is the head or deputy head of an agency, organization, or unit, the form of disciplinary action may be increased.

4. A person engaging in corruption who voluntarily discloses before being discovered, actively cooperates with competent authorities, contributes to reducing damage, voluntarily returns corrupt assets, and takes measures to mitigate the consequences of corruption may be considered for reduced disciplinary action, mitigated criminal responsibility, exemption from punishment, or exemption from criminal liability according to the law.

5. A person convicted of a corruption crime who is a civil servant, public official, or employee, and whose judgment or decision of the court has taken legal effect, shall automatically be dismissed from their position; for members of the National Assembly or People's Council representatives, they shall automatically lose their status as representatives of the National Assembly or People's Council.

Article 93. Handling of Assets from Corruption

1. Assets from corruption must be recovered, returned to the rightful owner, the legitimate manager, or confiscated in accordance with the provisions of the law.

2. Damage caused by acts of corruption must be remedied; persons committing acts of corruption causing damage must compensate according to the provisions of the law.

Section 2

HANDLING OF OTHER VIOLATIONS OF LAWS ON PREVENTION AND COMBATING CORRUPTION

Article 94. Handling of Other Violations of Laws on Prevention and Combating Corruption in Agencies, Organizations, and Units

1. Other violations of laws on prevention and combating corruption are acts not covered under the circumstances stipulated in Article 2 of this Law, including:

a) Violation of regulations on transparency and openness in the operations of agencies, organizations, and units;

b) Violation of regulations on quotas, standards, and systems;

c) Violation of regulations on conduct rules;

d) Violation of regulations on conflicts of interest;

đ) Violation of regulations on job position transfers for individuals holding positions of authority and power;

e) Violation of regulations on the duty to report acts of corruption and handling reports on acts of corruption;

g) Violation of regulations on honesty in asset and income declarations, explanations of the sources of additional assets and income;

h) Violation of deadlines for declaring assets and income or other violations of asset and income control regulations.

2. Persons committing acts specified in any of points a, b, c, d, đ, e, and h of Clause 1 of this Article shall be subject to disciplinary action, administrative penalties, or criminal prosecution, if damage is caused, they must compensate according to the provisions of the law. Persons committing acts specified in point g of Clause 1 of this Article shall be handled according to Article 51 of this Law.

3. If the person committing the violation is the head or deputy head of the agency, organization, or unit, they may be subject to increased forms of disciplinary action. If the person committing the violation is a member of a political organization, political-social organization, or social organization, they will also be subject to handling according to the charter, regulations, and provisions of that organization.

4. The Government shall provide detailed regulations on disciplinary actions and administrative penalties stipulated in this Article.

Article 95. Handling of Other Violations of Laws on Prevention and Combating Corruption in Enterprises and Non-State Sector Organizations

Enterprises and non-state sector organizations are public companies, credit institutions, and social organizations established or approved by the Prime Minister, the Minister of Home Affairs, or the Chairman of the People's Committee at the provincial level, which mobilize contributions from the people for charitable activities, violating the provisions of Article 80 of this Law shall be handled as follows depending on the nature and degree of violation: 1. The enterprise or organization shall be subject to administrative penalties according to the provisions of the law.

2. Individuals holding management positions in enterprises or organizations shall be handled according to the charter, regulations, and provisions of those enterprises or organizations. In cases where the enterprise or organization does not implement measures to handle individuals holding management positions, the competent supervisory authority shall publicly announce their names, addresses, and violations according to the provisions of the law.

2. Persons holding managerial positions in enterprises or organizations shall be dealt with according to the charter, regulations, or rules of the enterprise or organization. If the enterprise or organization fails to take measures against the person holding a managerial position, the competent supervisory authority shall publicly announce the name, address, and violation according to the law.

Chapter X

IMPLEMENTING PROVISIONS

Article 96. Effectiveness of Implementation

1. This Law takes effect from July 1, 2019.

2. The Anti-Corruption Law No. 55/2005/QH11 amended and supplemented by Law No. 01/2007/QH12 and Law No. 27/2012/QH13 shall cease to be effective from the date this Law takes effect.

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This Law was passed by the Sixth Session of the Fourteenth National Assembly of the Socialist Republic of Vietnam on November 20, 2018.