Decree No. 47/2007/NĐ-CP detailing and guiding the implementation of certain provisions of the Anti-Corruption Law regarding the role and responsibility of society in preventing and combating corruption.

DECREE

providing detailed guidance on implementing certain provisions of the Anti-Corruption Law

concerning the role and responsibility of society in preventing and combating corruption

_______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Anti-Corruption Law dated November 29, 2005;

Considering the proposal of the Inspector General,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Decree provides detailed guidance on implementing certain provisions of the Anti-Corruption Law regarding the responsibilities of state agencies in coordinating with the Vietnam Fatherland Front Committees at all levels and its member organizations in preventing and combating corruption; the role and responsibility of the press, businesses, business associations, industry associations; the responsibility of People's Inspection Committees and citizens in preventing and combating corruption.

Article 2. The role and responsibility of the press, businesses, business associations, industry associations, the responsibility of People's Inspection Committees and citizens in preventing and combating corruption

1. Press agencies and journalists have the responsibility to reflect and guide public opinion in the struggle against corruption; cooperate with competent authorities in preventing and combating corruption; denounce and combat individuals engaging in corrupt activities, commend the spirit and positive actions in preventing and combating corruption; participate in disseminating laws on preventing and combating corruption; have the right to request competent authorities to provide information and documents related to corrupt activities.

2. Businesses, business associations, industry associations have the responsibility to organize, encourage, and motivate members to build a healthy business culture free from corruption; actively participate in preventing and combating corruption; establish and implement internal control mechanisms to prevent and detect corruption; report on corrupt activities and coordinate with competent authorities in investigating and concluding on corrupt activities; propose to the State to improve management mechanisms and policies to prevent and combat corruption.

3. People's Inspection Committees have the responsibility to supervise the implementation of laws on preventing and combating corruption at communes, towns, state agencies, public service units, and state-owned enterprises.

4. Citizens themselves, through People's Inspection Committees or organizations they are members of, participate in preventing and combating corruption.

Article 3. Responsibilities for coordination of state agencies

Within their functions, tasks, and powers, state agencies have the responsibility to coordinate and direct subordinate agencies, organizations, and units under their management to coordinate with the Vietnam Fatherland Front Committees at all levels and their member organizations, creating conditions for the press, businesses, business associations, industry associations, People's Inspection Committees, and citizens to participate in preventing and combating corruption.

Chapter II

RESPONSIBILITIES OF STATE AGENCIES IN COORDINATION

WITH THE VIETNAM FATHERLAND FRONT AND ASSOCIATIONS

IN PREVENTING AND COMBATING CORRUPTION

Article 4. Coordination in propaganda and mobilization of the people to comply with laws on preventing and combating corruption

1. Within their functions, tasks, and powers, state agencies have the responsibility to coordinate with the Vietnam Fatherland Front Committees at all levels and their member organizations at the same level to develop programs and plans for propaganda, dissemination, and education on laws on preventing and combating corruption for members, associates, affiliates, and the people.

2. State agencies create conditions for the Vietnam Fatherland Front Committees and their member organizations at the same level to organize propaganda, dissemination, and education on laws on preventing and combating corruption for the people; encourage members, affiliates, and the people to comply with laws on preventing and combating corruption.

In cases where state agencies take the lead in propaganda, dissemination, and education on laws on preventing and combating corruption, they shall invite the Vietnam Fatherland Front Committees and their member organizations at the same level to participate in coordination.

3. People's Councils, People's Committees at commune, town, and ward levels coordinate with the Vietnam Fatherland Front Committees at the same level to direct village chiefs, neighborhood group leaders, and heads of mass organizations to propagate laws on preventing and combating corruption to the people in their localities.

Article 5. Coordination in supervising the implementation of measures to prevent and combat corruption

1. When performing supervision, inspection, and audit tasks on the implementation of laws on preventing and combating corruption at localities, bases, and within their functions, tasks, and powers, they have the responsibility to study, consider, and adopt recommendations of the Vietnam Fatherland Front Committees and their member organizations at the same level, People's Inspection Committees, and opinions of the people reflected through the Vietnam Fatherland Front Committees.

2. At all levels, People's Councils when performing supervision tasks on the implementation of laws on preventing and combating corruption have the responsibility to invite representatives of the Standing Committee of the Vietnam Fatherland Front Committees at the same level to participate in building supervision plans, and to participate in supervising the implementation of laws on preventing and combating corruption by the People's Councils.

3. Competent state agencies have the responsibility to coordinate and create conditions for the Vietnam Fatherland Front Committees and their member organizations at the same level to supervise the implementation of laws on preventing and combating corruption.

4. Heads of state agencies have the responsibility to:

a) Provide information on issues related to the supervision of the implementation of laws on preventing and combating corruption by the Vietnam Fatherland Front Committees and their member organizations;

b) Appoint representatives to participate in the supervision activities of the Vietnam Fatherland Front Committees and their member organizations when requested;

c) Consider, resolve, and respond to requests of the Vietnam Fatherland Front Committees and their member organizations regarding the application of preventive measures against corruption, investigation of corruption cases, and handling of individuals engaging in corrupt activities;

d) Consider, resolve, and respond to proposals of the Vietnam Fatherland Front Committees and their member organizations regarding commendation and rewards for good deeds in the struggle against corruption;

d) Examine and resolve recommendations from the Vietnam Fatherland Front Committee and its member organizations regarding amendments, supplements, suspension, or revocation of legal documents that are inappropriate and give rise to corruption.

Article 6. Coordinate in providing information, implementing measures to prevent and combat corruption, verifying, and handling individuals with corrupt behavior and corruption cases.

1. Within the scope of their functions, tasks, and authorities, state agencies have the responsibility to provide information about their activities related to preventing and combating corruption to the Vietnam Fatherland Front Committee and its member organizations upon request from the Vietnam Fatherland Front Committee and its member organizations.

The request for information from the Vietnam Fatherland Front Committee and its member organizations regarding corruption cases, the responsibility of competent agencies, organizations, and individuals to provide such information shall be carried out in accordance with Article 31 of the Anti-Corruption Law and Decree No. 120/2006/NĐ-CP of the Government dated October 20, 2006 detailing and guiding the implementation of certain provisions of the Anti-Corruption Law and other relevant laws.

2. When receiving requests from the Vietnam Fatherland Front Committee and its member organizations regarding the application of preventive measures against corruption, verification of corruption cases, and handling of individuals with corrupt behavior, within fifteen (15) days from the date of receipt of the request, competent state agencies must examine and respond to the Vietnam Fatherland Front Committee and its member organizations on the examination and handling thereof. In complex cases, the deadline may be extended but not exceeding thirty (30) days.

3. Competent state agencies, when receiving reports of corruption cases transferred by the Vietnam Fatherland Front Committee and its member organizations, have the responsibility to examine and handle them according to the provisions of the Complaints and Petitions Law and other relevant legal documents. Within seven (7) days from the date of resolution of the case, competent state agencies must notify in writing the organization that transferred the case of the results.

4. During the process of verifying and handling corruption cases and individuals with corrupt behavior, competent state agencies may request the Vietnam Fatherland Front Committee and its member organizations to provide relevant information and documents related to corruption cases and individuals with corrupt behavior as a basis for examination and resolution. The deadline for the Vietnam Fatherland Front Committee and its member organizations to provide information is fifteen (15) days from the date of receipt of the request from competent state agencies.

When necessary, state agencies may request the Vietnam Fatherland Front Committee and its member organizations to dispatch representatives from their organizations to participate in verifying and handling corruption cases.

Article 7. Coordinate in drafting normative legal documents on preventing and combating corruption.

1. Participate in drafting normative legal documents on preventing and combating corruption of People's Councils and People's Committees:

a) The Office of the People's Council and People's Committee, and the judicial agency at the same level of the People's Committee are responsible for collecting opinions from the Vietnam Fatherland Front Committee and its member organizations at the same level regarding the proposed program for drafting resolutions of the People's Council, decisions, and directives of the People's Committee to submit to the competent authority.

b) For draft resolutions, decisions, and directives related to the rights and responsibilities of the Vietnam Fatherland Front and its member organizations in preventing and combating corruption, the main drafting agency is responsible for sending the draft to the Vietnam Fatherland Front Committee and its relevant member organizations at the same level to provide comments.

2. Competent state agencies have the responsibility to coordinate with the Standing Board of the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations that are members of the Front to issue Circulars jointly guiding the implementation of issues stipulated by law regarding the responsibility of the Vietnam Fatherland Front and local member political-social organizations to participate in preventing and combating corruption.

Article 8. Coordinate in preventing and combating corruption through negotiation in the election of National Assembly deputies, People's Council deputies, selection of judges, prosecutors, and recommendation of people's assessors of the People's Court.

Upon receiving requests for verification from the Vietnam Fatherland Front Committee and its member organizations regarding signs of corruption of those selected or recommended as candidates for National Assembly deputies, People's Council deputies, judges, prosecutors, and people's assessors, within fifteen (15) days from the date of receipt of the request, competent state agencies must examine and respond. In complex cases, the deadline may be extended but not exceeding thirty (30) days.

Article 9. Develop content for cooperation in anti-corruption work.

1. State agencies and the Vietnam Fatherland Front Committee at the same level develop content for cooperation in anti-corruption work. The content of cooperation is specified in the cooperation regulations between state agencies and the Vietnam Fatherland Front Committee.

2. The content of cooperation in anti-corruption work must be based on the requirements of anti-corruption work, specific conditions of each locality. The content of cooperation includes the following main activities:

a) Propaganda and mobilization of the people to implement laws on preventing and combating corruption;

b) Supervision of the implementation of laws on preventing and combating corruption;

c) Cooperation in providing information, detecting, verifying, and handling corruption cases;

d) Organizational implementation measures;

e) Responsibilities of each agency and organization in cooperation.

Chapter III

ROLE AND RESPONSIBILITIES OF THE MEDIA IN PREVENTING AND COMBATING CORRUPTION

IN PREVENTING AND COMBATING CORRUPTION

Article 10. Propaganda and encouragement of the people to participate in preventing and combating corruption

Media agencies and journalists, through their professional activities, have the responsibility to:

1. Propagate the Party's policies and the State's laws on preventing and combating corruption; propagate the work of preventing and combating corruption of agencies and organizations.

2. Reflect public opinion and guide social discourse, encourage the people to actively participate in combating corruption.

3. Commend the spirit and positive actions of collectives and individuals in anti-corruption work; protect whistleblowers against corrupt acts.

4. Condemn and struggle against those with corrupt behavior.

Article 11. The collection and provision of information on cases suspected of corruption

1. Upon receiving citizens' complaints, reflections, news, articles about cases suspected of corruption or discovering such cases through their professional activities, press agencies and journalists have the right:

a) To collect information and materials in accordance with the law to clarify cases suspected of corruption;

b) To request relevant authorities to provide information and materials related to cases suspected of corruption in accordance with the law.

2. When receiving requests from press agencies and journalists as stipulated in point b, Clause 1, Article 2 above, relevant authorities shall be responsible for providing information and materials to press agencies and journalists to ensure accurate and timely reporting. The request for information from press agencies and journalists regarding corruption cases and the responsibility of relevant authorities to provide information are carried out in accordance with Article 31 of the Anti-Corruption Law and Decree No. 120/2006/NĐ-CP of the Government dated October 20, 2006 detailing and guiding the implementation of certain provisions of the Anti-Corruption Law and other legal regulations.

Article 12. Reporting by press agencies and journalists on anti-corruption

1. Press agencies and journalists have the right to report on corruption cases and anti-corruption activities. When reporting on corruption cases and those with corrupt behavior, press agencies and journalists must report truthfully and objectively and bear legal responsibility for their reports.

When press agencies discover or receive citizen complaints about cases suspected of corruption, they must immediately notify the investigation agency or the People's Procuracy in writing. The investigation agency and the People's Procuracy are responsible for handling and responding to the press. Press agencies have the right to report on cases suspected of corruption based on the information and materials they obtain and bear legal responsibility for the accuracy and truthfulness of the information published in the press.

If there is evidence that citizens' complaints, news, articles, and accusations about corruption cases lack basis, press agencies should inform citizens that they will not publish the information and clearly state the reasons.

2. Chief editors and journalists are responsible for reporting and complying with laws on press and professional ethics in journalistic activities.

3. Press agencies and journalists may not report on cases without clear grounds; report false information; harm national interests, organizational and individual interests, affect the reputation, honor, and dignity of citizens; may not disclose state secrets, military, security, economic, foreign affairs, and other information as prescribed by law.

4. Press agencies and journalists have the right and obligation to refuse to disclose the names, addresses, and pseudonyms of whistleblowers and information providers about corruption cases and those with corrupt behavior if it is harmful to them, except when requested by the Prosecutor General of the People's Procuracy or the President of the Provincial People's Court or equivalent authority for investigative, prosecutorial, and judicial purposes.

5. When reporting on corruption cases in the press, if press agencies and journalists report false information, they must correct and apologize in accordance with the law on press. If they abuse their right to information to distort or slander, they will be dealt with according to the law depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Article 13. Responsibilities of the Journalists' Association

Within the scope of their duties and powers, the Journalists' Associations at all levels are responsible for:

1. Propaganda and encouragement of press agencies and journalist members to participate in anti-corruption efforts;

2. Proposing to competent state agencies to amend, supplement, or promulgate new legal regulations to improve management mechanisms and policies to prevent and combat corruption;

3. Protecting the rights and legitimate interests of press agencies and journalist members who are threatened with retaliation or harassment when reporting on anti-corruption efforts.

4. Cooperating with the Ministry of Culture, Sports and Tourism to develop regulations on journalistic ethics and professional conduct.

Article 14. Right to Request Protection for Press Agencies and Journalists When Reporting on Corruption Cases

1. During the course of their work, if there is evidence that reporting on corruption cases may lead to harm to their lives, health, reputation, and dignity, journalists have the right to request press agencies and competent state agencies to apply necessary measures to protect themselves.

2. Upon receiving a protection request from a journalist, press agencies are responsible for immediately applying necessary measures within their authority or requesting competent state agencies to apply necessary measures to protect the journalist. Competent state agencies are responsible for immediately applying necessary measures to protect press agencies and journalists.

Chapter IV

ROLE AND RESPONSIBILITIES OF ENTERPRISES,

ASSOCIATIONS OF ENTERPRISES, INDUSTRY ASSOCIATIONS

IN PREVENTING AND COMBATING CORRUPTION

Article 15. Propaganda and Encouragement of Employees to Implement Legal Regulations on Preventing and Combating Corruption

1. Within their conditions, enterprises have the responsibility:

a) To propagate the law on preventing and combating corruption to cadres and employees in the enterprise; mobilize cadres and employees to implement the provisions of the Anti-Corruption Law;

b) To organize forms of encouragement and education for cadres and employees in the enterprise to follow ethical conduct rules in business operations to prevent corruption.

2. Associations of enterprises and industry associations have the responsibility:

a) Organize legal education on anti-corruption laws for members of business associations and industry associations; mobilize members to comply with the provisions of the Anti-Corruption Law;

b) Organize forms of encouragement and motivation for members to build a healthy, non-corrupt business culture; develop, promulgate, and implement codes of conduct for officials and employees in enterprises to prevent corruption.

Article 16. Implement preventive measures against corruption

1. Enterprises apply preventive measures against corruption through fair competition in their production and business activities; fulfill all obligations of enterprises towards the State and employees within the enterprise; implement statistical systems as prescribed by law; ensure democracy, transparency, and openness in enterprise operations; establish and implement internal control regulations to prevent and combat corruption; encourage the detection and reporting of corrupt acts. Bribery to agencies, organizations, or individuals with authority under any form is strictly prohibited.

2. Enterprises issue and implement internal control regulations within the enterprise aimed at preventing corruption, promptly detecting and handling according to their authority any corrupt acts arising internally, or referring such cases to competent agencies, organizations, or individuals for handling.

Article 17. Notify competent agencies, organizations, or individuals about acts of corruption

When discovering acts of corruption, enterprises, business associations, and industry associations have the responsibility to notify competent agencies, organizations, or individuals about such acts of corruption.

Competent agencies, organizations, or individuals have the responsibility to examine and handle such acts of corruption according to the law and inform the enterprise, business association, or industry association of the results of the handling.

Article 18. Responsibility to provide information and cooperate with competent agencies, organizations, or individuals in resolving cases suspected of corruption

1. Upon receiving requests from competent agencies, organizations, or individuals, enterprises, business associations, and industry associations have the responsibility to provide information they possess regarding cases suspected of corruption, while applying necessary measures within their rights and responsibilities to cooperate with competent agencies, organizations, or individuals to verify and clarify corruption cases and persons involved in corrupt acts.

2. State agencies with authority have the responsibility to protect confidential information for enterprises, apply measures within their authority to enable enterprises to engage in fair competition, contributing to the prevention and combating of corruption.

Article 19. Propose improvements to mechanisms, policies, and laws to prevent and combat corruption

Enterprises, business associations, and industry associations have the right to propose to state agencies with authority to amend, supplement, or abolish legal documents that are inappropriate and lead to corruption, contributing to the improvement of management mechanisms, policies, and laws, enhancing the effectiveness of state management and the efficiency of anti-corruption efforts.

Article 20. Responsibilities of the Vietnam Chamber of Commerce and Industry

Within its scope of duties and powers, the Vietnam Chamber of Commerce and Industry has the responsibility:

1. To coordinate with state agencies to promote and motivate enterprises, business associations, and industry associations to participate in preventing and combating corruption.

2. To coordinate with state agencies to organize forums to exchange and provide information for enterprises, business associations, and industry associations to serve anti-corruption efforts.

3. To propose to state agencies with authority to amend and supplement legal provisions to improve management mechanisms and policies to prevent and combat corruption.

4. To protect the legitimate rights and interests of enterprises, business associations, and industry associations in anti-corruption struggles.

Chapter V

RESPONSIBILITIES OF THE PEOPLE'S INSPECTION BOARD

IN PREVENTING AND COMBATING CORRUPTION

Article 21. The People's Inspection Board's participation in preventing and combating corruption

1. Within its scope of duties and powers, the People's Inspection Board is responsible for supervising the implementation of laws on preventing and combating corruption at communes, wards, towns, and state agencies, public institutions, and state-owned enterprises.

2. When necessary, the People's Inspection Board may be assigned by the Chairman of the Commune, Ward, Town People's Committee, Head of state agencies, public institutions, or state-owned enterprises to investigate specific cases.

3. When necessary, state agencies have the responsibility to invite representatives of the People's Inspection Board to participate in supervision, inspection, and verification of the implementation of laws on preventing and combating corruption at communes, wards, towns, state agencies, public institutions, and state-owned enterprises. The People's Inspection Board has the responsibility to provide information and send personnel to participate when requested.

Article 22. Supervision by the People's Inspection Board

The People's Inspection Board supervises the implementation of laws on preventing and combating corruption through:

1. Receiving reflections from the people, cadres, and workers regarding cases suspected of corruption; directly collecting information and materials on the implementation of anti-corruption laws by responsible agencies, organizations, or individuals at communes, wards, towns, state agencies, public institutions, and state-owned enterprises.

2. Detecting acts of corruption and corruption cases by agencies, organizations, or individuals at communes, wards, towns, state agencies, public institutions, and state-owned enterprises.

3. Directly or through the Standing Committee of the People's Council at the commune, ward, town level, or the grassroots trade union committee, proposing to the Chairman of the Commune, Ward, Town People's Committee, Head of state agencies, public institutions, or state-owned enterprises, or competent agencies or organizations to examine and resolve cases suspected of corruption and acts of corruption, and supervise the resolution thereof.

Article 23. Powers of the People's Inspection Board during the supervision of the implementation of laws on preventing and combating corruption

1. During the process of supervising the implementation of laws on preventing and combating corruption, the People's Inspectorate has the right to request the Chairman of the People's Council, the Chairman of the People's Committee of communes, wards, towns, heads of state agencies, public institutions, and state enterprises to provide information and documents related to the supervision.

2. In cases where signs of corruption or corrupt acts are discovered, the People's Inspectorate shall recommend the Chairman of the People's Council, the Chairman of the People's Committee of communes, wards, towns, heads of state agencies, public institutions, and state enterprises, or competent authorities to examine and resolve the matter.

3. Within fifteen (15) days from the date of receipt of the recommendation, the competent authority shall examine and resolve the matter and notify the result to the People's Inspectorate. If the recommendation is not examined, resolved, or implemented fully, the People's Inspectorate has the right to recommend the Chairman of the People's Council, the Chairman of the People's Committee of districts, urban districts under provinces, or the immediate superior of the head of state agencies, public institutions, and state enterprises, or other competent authorities to examine and resolve the matter.

Chapter VI

RESPONSIBILITIES OF CITIZENS

IN PREVENTING AND COMBATING CORRUPTION

Article 24. Responsibilities of citizens in preventing and combating corruption

1. Strictly comply with laws on preventing and combating corruption; denounce and struggle against those who commit corrupt acts; report to the People's Inspectorate or organizations they belong to about acts of corruption and corruption cases for the People's Inspectorate or such organizations to recommend the competent state agency to examine and resolve according to the law; cooperate with competent authorities in verifying corruption cases when requested.

2. Recommend the competent state agency to amend, supplement, and perfect mechanisms, policies, and laws on preventing and combating corruption; provide comments to competent state agencies regarding the drafting of legal documents on preventing and combating corruption.

Article 25. Reporting acts of corruption

1. When reporting acts of corruption to competent authorities, citizens must clearly state their name, address, content of the report, and provide relevant information and documents related to the reported content to the competent authorities.

Citizens who report acts of corruption are protected by competent state authorities when threatened, retaliated against, or persecuted due to the act of reporting.

2. The reporting and resolution of reports on acts of corruption, protection of confidentiality, and safety for citizens reporting acts of corruption shall be carried out in accordance with the Law on Preventing and Combating Corruption, the Law on Petitions and Complaints, and Decree No. 120/2006/NĐ-CP dated October 20, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Preventing and Combating Corruption.

Article 26. Participating in preventing and combating corruption through the People's Inspectorate or organizations they belong to

1. Citizens at communes, wards, towns, civil servants, officials, employees in state agencies, public institutions, and state enterprises, upon discovering acts or cases of corruption in their agencies, organizations, or units, have the right:

a) To report to the People's Inspectorate at the commune, ward, town level or at the state agency, public institution, or state enterprise where they reside or work;

b) To report to the organization they belong to.

2. Reports by citizens, civil servants, officials, and employees about acts or cases of corruption must be objective and truthful.

3. The People's Inspectorate is responsible for receiving reports from citizens, civil servants, officials, and employees about acts or cases of corruption, examining them, and recommending the Chairman of the People's Committee of communes, wards, towns, heads of state agencies, public institutions, and state enterprises, or competent authorities to examine and resolve the matter according to the law and supervise the resolution thereof.

4. Within the scope of their duties and powers, organizations that citizens belong to are responsible for receiving reports from citizens about acts or cases of corruption, examining them, and recommending competent authorities to examine and resolve the matter according to the law.

5. Upon receiving the notification of the resolution of corruption cases from competent authorities, the People's Inspectorate and organizations that citizens belong to are responsible for notifying the citizen who made the report about the resolution.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effectiveness

This Decree takes effect fifteen (15) days from the date of publication in the Official Gazette.

Article 28. Responsibility for Implementation

It is recommended that the Standing Committee of the Vietnam Fatherland Front Central Committee guide the implementation of issues related to directing the organization and operation of the People's Inspectorate within its functions and powers, or coordinate with relevant state agencies to organize guidance on implementing this Decree.

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Councils, Chairmen of Municipal People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for enforcing this Decree./.