Decree No. 59/2019/ND-CP detailing certain provisions and implementing mechanisms of the Law on Prevention and Combating Corruption

DECREE

Providing detailed provisions on certain articles and implementation measures

LAmendment and Supplement to Certain Provisions of the Tobacco Control Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and combat corruptiong

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Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.organization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government dated June 19, 2015;

Pursuant to the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent andNo.combat corruption dated November 20, 2018;

At the proposal of the Inspector General Tof the Government promulgates this Decree detailing certain provisions"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government;

and measures for implementationi to prevent and combat corruption . The scope regulated Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:This Decree details the following:.

 

Chapter I

GENERAL PROVISIONS

 

Article 11. The following articles and clauses of the Law on Prevention and Combating Corruption:perioda) Clause 1 Article 15 regarding accountability;

b) Article 17 concerning criteria for evaluating anti-corruption work;

c) Article 22 concerning gift-giving and receiving gifts;

d) Article 23 concerning conflict of interest control;

đ) Clause 4 Article 25 regarding positions that must be transferred and periodic rotation of positions at ministries, ministerial-level agencies, government agencies, local authorities;

e) Clause 4 Article 71 concerning procedures, formalities, deadlines for temporary suspension of work, temporary transfer to other positions; entitlements to salary, allowances, lawful rights and compensation, restoration of lawful rights of persons with positions and powers after competent authorities conclude that they did not commit acts of corruption;

g) Article 80 concerning the application of preventive and combating measures against corruption in enterprises and organizations in the non-state sector;

h) Article 81 concerning inspection of compliance with laws on prevention and combating corruption in enterprises and organizations in the non-state sector;

i) Article 94 concerning handling of other violations related to prevention and combating corruption in agencies, organizations, units.

2. Organizational measures for implementing the Law on Prevention and Combating Corruption, including:

a) The period during which a person with positions and powers may not establish or hold management and operational positions in private businesses, limited liability companies, joint-stock companies, partnerships, cooperatives in fields previously under their responsibility as stipulated in point d clause 2 Article 20 of the Law on Prevention and Combating Corruption;

b) Provision of information upon request from agencies and organizations;

c) Information and reporting systems on prevention and combating corruption;

d) Handling of responsibility of heads of agencies, organizations, units when corruption occurs in units under their management and supervision.

1. This Decree applies to state agencies, organizations, units in the public sector, including: state agencies, political organizations, political-social organizations, people's armed forces units, public service units, state-owned enterprises and other organizations and units established, invested in material infrastructure, provided with all or part of operating funds, directly managed or jointly managed by the State; persons with positions and powers working in state agencies, organizations, units in the public sector and other agencies, organizations, individuals related to prevention and combating corruption.

2. Enterprises and organizations in the non-state sector and persons with positions and powers in these enterprises and organizations shall implement the provisions of Chapter VII of this Decree.

ACCOUNTABILITY

Article 2. Applicability

CONTENT, CONDITIONS FOR ACCEPTING REQUESTS FOR ACCOUNTABILITY,

REJECTION OF REQUESTS FOR ACCOUNTABILITY, CONTENT OUTSIDE THE SCOPE OF ACCOUNTABILITY AND RESPONSIBILITY OF HEADS IN IMPLEMENTING ACCOUNTABILITY

Chapter II

. Content of accountability

 

Section 1

1. Legal basis for issuing decisions, performing actions.

2. Authority to issue decisions, perform actions. 3. Procedures and formalities for issuing decisions, performing actions.

 

Article 34. Content of decisions, actions.

. Conditions for accepting requests for accountability

1. Individuals requesting accountability have full capacity for civil conduct or have a representative as prescribed by law; agencies, organizations, units requesting accountability have a legitimate representative of their own agency, organization, unit.

2. Decisions, actions of the agency, organization, unit requested to provide accountability directly affect the lawful rights and interests of the agency, organization, unit, individual making the request for accountability.

4. Content of the decision, act.

Article 4. Conditions for accepting requests for explanation

1. The individual requesting an explanation must have full capacity for civil acts or have a representative as provided by law; the agency, organization, unit requesting an explanation must have a legitimate representative of their own agency, organization, unit.

2. The decision, act of the agency, organization, unit requested to provide an explanation directly affects the rights and lawful interests of the agency, organization, unit, individual requesting an explanation.

Article 5. Cases where requests for explanation shall be refused

1. The request for explanation does not meet the conditions specified in Article 4 of this Decree.

2. The content of the request for explanation falls under the cases prescribed in Article 6 of this Decree, the content has already been explained or has been handled and resolved by the competent authority, except in cases where the person requesting has legitimate reasons.

3. The person requesting the explanation is currently unable to control their behavior due to the use of stimulants or engages in disorderly conduct, threatening, or insulting the dignity and personal integrity of the person receiving the request for explanation.

4. The authorized representative or the representative does not have lawful documents as stipulated by law.

Article 6. contents not within the scope of explanation

1. Content involving state secrets, privacy of private life, personal secrets, business secrets as prescribed by law.

2. Content concerning directives, management, and implementation of tasks and public duties within the organization that have not yet been issued or implemented, or content concerning directives and management from higher-level organizations to lower-level organizations.

Article 7. Responsibilities of the head of the agency, organization, or unit in implementing the duty of explanation

1. Specify the implementation of the duty of explanation in internal regulations and work rules of the agency, organization, or unit.

2. Assign individuals or departments responsible for receiving requests for explanation.

3. Organize, direct, urge, inspect the implementation of the duty of explanation, and handle violations according to their authority.

 

Section 2

RIGHTS AND OBLIGATIONS OF THE PERSON REQUESTING EXPLANATION

AND PERSON IMPLEMENTING THE DUTY OF EXPLANATION

 

Article 8. Rights and obligations of the person requesting explanation

1. The person requesting explanation has the following rights:

a) To make the request themselves or authorize another person with full civil capacity to make the request;

b) To withdraw part or all of the request for explanation;

c) To receive the explanatory document from the agency, organization, unit, or individual responsible for providing the explanation;

d) To lodge complaints or reports according to the provisions of the law.

2. The person requesting explanation has the following obligations:

a) To clearly state their name, address, or present identification documents or power of attorney;

b) To comply with the procedures and formalities for requesting explanation as specified in Section 3 Chapter II of this Decree and other relevant laws;

c) To clearly, truthfully, and based on evidence, explain the content of the request for explanation;

d) To provide information and documents related to the content of the request for explanation.

Article 9. Rights and obligations of the person implementing the duty of explanation

1. The person implementing the duty of explanation has the following rights:

a) To request the person requesting explanation to provide information and documents related to the content of the request for explanation;

b) To guide the person requesting explanation to comply with the procedures and formalities as specified in Section 3 Chapter II of this Decree and other relevant laws;

c) To refuse the request for explanation in cases prescribed in Article 5 of this Decree.

2. The person implementing the duty of explanation has the following obligations:

a) To accept requests for explanation within their jurisdiction;

b) To guide the person requesting explanation to comply with the procedures and formalities as specified in Section 3 Chapter II of this Decree and other relevant laws;

c) To resolve the request for explanation according to the procedures, formalities, and deadlines set forth in this Decree and other relevant laws.

 

Section 3

PROCEDURES FOR IMPLEMENTING EXPLANATION

 

Article 10. Request for Explanation

1. A request for explanation may be made in writing or directly at the agency, organization, unit responsible for providing the explanation.

2. Written request for explanation:

a) The written request for explanation must clearly state the content of the request; include the full name, address, telephone number, or mailing address of the person requesting the explanation.

b) The written request for explanation must bear the signature or thumbprint of the person requesting the explanation to confirm it.

3. Direct request for explanation:

a) The person requesting the explanation must clearly present the content of the request to the person assigned to receive the request for explanation.

In cases where multiple people jointly request an explanation on the same matter, they must appoint a representative to present the request. The appointment of a representative shall be evidenced by a written document bearing the signature or thumbprint of those requesting the explanation;

b) The person assigned to receive the request for explanation must truthfully record the content of the request for explanation in writing; include the full name, address, telephone number, or mailing address of the person requesting the explanation;

c) The person requesting the explanation must sign or affix their thumbprint to confirm the written request for explanation.

Article 11. Acceptance of Requests for Explanation

1. Agencies, organizations, units, and individuals responsible for providing explanations shall accept requests for explanation when they meet the conditions for acceptance and do not fall under the circumstances for refusing requests for explanation as stipulated in Articles 4 and 5 of this Decree. If the request for explanation does not fall within their responsibility, the person receiving the request shall guide the requester to the competent authority as prescribed by law.

2. Where the written request for explanation does not meet the conditions specified in Clause 2 of Article 10 of this Decree, the person receiving the request shall have the responsibility to guide the requester to supplement information and documents.

3. Where the content of the request for explanation has already been explained to another person previously, a copy of the explanatory document shall be provided to the requester.

4. Within five working days from the date of receipt of the request, the explainer must notify the requester in writing about the decision to resolve or not resolve the request and specify the reasons.

Article 12. Implementation of Explanation

1. In cases where the request for explanation is made directly and involves simple content, the explanation may be carried out through direct interaction. Direct explanations must be recorded in a protocol signed or thumbprinted by all parties involved.

2. In other cases, the explanation shall be carried out as follows:

a) Collecting and verifying relevant information;

b) Conducting direct meetings with the person requesting the explanation to clarify related matters when necessary. The content of the meeting must be recorded in a protocol signed or thumbprinted by all parties;

c) Issuing an explanatory document;

d) Sending the explanatory document to the person requesting the explanation.

3. The explanatory document must contain the following contents:

a) Full name and address of the person requesting the explanation;

b) Content of the request for explanation;

c) Results of direct work with organizations or individuals (if applicable);

d) Legal basis for implementing the explanation;

e) Specific content of the explanation.

Article 13. Time Limit for Implementing the Explanation

The time limit for implementing the explanation shall not exceed fifteen days from the date of notification of acceptance of the request for explanation; in cases involving complex content, the deadline may be extended once; the extension period shall not exceed fifteen days and must be notified in writing to the person requesting the explanation.

The temporary suspension of the explanation as stipulated in Clause 1 of Article 14 of this Decree shall not be included in the time limit for implementing the explanation.

Article 14. Suspension and Termination of the Explanation Process

1. During the implementation of the explanation process, the entity responsible for the explanation may decide to temporarily suspend the explanation process in the following cases:

a) The person requesting the explanation is an individual who has died without identifying the heir with rights and obligations; the agency or organization has been divided, merged, or dissolved without an individual or organization succeeding to the rights and obligations in the matter requiring explanation;

b) The person requesting the explanation is an individual who has lost their civil capacity without identifying a legal representative;

c) The individual requesting the explanation is ill or due to other objective reasons, the entity responsible for the explanation cannot carry out the explanation.

2. The entity responsible for the explanation shall continue to implement the explanation process when the reason for the temporary suspension no longer exists.

3. The entity responsible for the explanation decides to terminate the explanation process in the following cases:

a) The person requesting the explanation is an individual who has died without an heir with rights and obligations; the agency or organization has been divided, merged, or dissolved without an individual or organization succeeding to the rights and obligations in the matter requiring explanation;

b) The person requesting the explanation is an individual who has lost their civil capacity without a legal representative;

c) The person requesting the explanation withdraws the entire request for explanation.

 

Chapter III

ASSESSMENT OF WORK TO PREVENT AND COMBAT CORRUPTION

 

Article 15. Principles for Assessing Work to Prevent and Combat Corruption

1. The assessment of work to prevent and combat corruption must ensure accuracy, objectivity, and compliance with legal provisions.

2. The organization of the assessment of work to prevent and combat corruption is carried out in accordance with the provisions of Article 21 of this Decree.

Article 16. Criteria for Assessing the Quantity, Nature, and Severity of Corruption Cases

The criteria for assessing the quantity, nature, and severity of corruption cases are determined based on the conclusions of competent state agencies, including the following components:

1. The number of individuals engaging in corrupt acts;

2. The position and rank of individuals engaging in corrupt acts;

3. The sector where corrupt acts occur;

4. The severity of the corrupt acts;

5. The value of money and property damaged by corrupt acts;

6. The number of corruption cases concluded by competent authorities.

Article 17. Criteria for Assessing the Development and Improvement of Policies and Laws on Prevention and Combating Corruption

The criteria for assessing the development and improvement of policies and laws on prevention and combating corruption include the following components:

1. Leadership, guidance, and implementation of work to develop and improve policies and laws on prevention and combating corruption;

2. Leadership, guidance, and implementation of work to inspect, review, and systematize legal normative documents on prevention and combating corruption;

3. Leadership, guidance, and implementation of work to disseminate, educate on laws, inspect, and monitor the enforcement of legal normative documents on prevention and combating corruption.

Article 18. Criteria for Assessing the Implementation of Anti-Corruption Prevention Measures

1. The criteria for assessing the implementation of anti-corruption prevention measures in state agencies, organizations, and units include the following components:

a) Results of transparency and openness;

b) Results of conflict of interest control;

c) Results of issuing and implementing standards and regulations;

d) Results of implementing conduct rules;

đ) Results of job rotation;

e) Results of administrative reform, application of science and technology in management and cashless transactions;

g) Results of asset and income control;

h) Results of implementing regulations on the responsibility of heads.

2. The criteria for assessing the implementation of anti-corruption prevention measures in businesses and organizations outside the state sector include the following components:

a) Results of developing and implementing conduct rules and internal control mechanisms;

b) Results of implementing transparency and openness measures;

c) Conflict of interest control;

d) Accountability system of heads.

Article 19. Criteria for assessing the detection and handling of corruption

1. The criteria for assessing the detection of corruption include the following component criteria:

a) Results of detecting corruption through supervision, inspection, examination, and auditing activities;

b) Results of detecting corruption through reports, complaints, and accusations regarding corrupt acts;

c) Results of detecting corruption through investigative, prosecution, and trial activities.

2. The criteria for assessing the handling of corruption include the following component criteria:

a) Results of disciplinary action and administrative penalties imposed on organizations and individuals who have violated the law;

b) Results of holding responsible persons accountable for corruption that occurred under their leadership;

c) Results of criminal proceedings against individuals who commit acts of corruption;

d) The amount of money and assets involved in corruption that have been recommended for recovery.

Article 20. Criteria for assessing the recovery of corrupt assets

The criteria for assessing the recovery of corrupt assets include the following component criteria:

1. The total amount of money and assets subject to recovery and the results of recovery;

2. Results of recovering corrupt assets through administrative measures;

3. Results of recovering corrupt assets through judicial measures.

Article 21. Organization of assessment of anti-corruption work

1. The Government Inspectorate shall be responsible for developing Guidelines for Assessing Anti-Corruption Work to ensure consistent, objective implementation and meet the requirements of anti-corruption work nationwide. The content of the guidelines includes: scope, subjects, methods, procedures, and steps for conducting assessments.

2. Annually, based on the Guidelines for Assessing Anti-Corruption Work, the Minister, Head of a ministerial-level agency, and the Chairman of the Provincial People's Committee shall issue Plans for Assessing Anti-Corruption Work of their respective ministries, ministerial-level agencies, and provincial people's committees.

The agency or unit assigned to lead the assessment of anti-corruption work at the ministry, ministerial-level agency, and provincial people's committee level shall conduct the assessment based on the consolidation of information, documents, files, and reports from subordinate agencies, organizations, and units engaged in the assessment of anti-corruption work.

3. The Minister, Head of a ministerial-level agency, and the Chairman of the Provincial People's Committee shall be responsible before the Prime Minister for the results of the assessment of their respective sectors and levels and shall submit the assessment results to the Government Inspectorate for consolidation.

4. The results of the assessment of anti-corruption work shall be used to prepare reports on anti-corruption work in accordance with Article 16 of the Law on Prevention and Combating Corruption.

 

Chapter IV

IMPLEMENTATION OF CONDUCT CODES FOR HOLDERS OF POSITIONS AND POWERS

LIMITATIONS ON THE ESTABLISHMENT AND HOLDING OF MANAGEMENT AND OPERATIONAL POSITIONS IN PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIPS, AND COOPERATIVES AFTER LEAVING OFFICE

 

Section 1

TIME PERIOD HOLDERS OF POSITIONS AND POWERS ARE NOT ALLOWED TO

ESTABLISH, HOLD TITLES, MANAGEMENT, AND OPERATIONAL POSITIONS IN PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIPS, AND COOPERATIVES AFTER LEAVING OFFICE

AFTER LEAVING OFFICE

 

Article 22. Fields in which holders of positions and powers are not allowed to establish, hold titles, management, and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after leaving office

1. Group 1 includes fields under the jurisdiction of ministries and sectors:

a) Ministry of Industry and Trade;

b) Ministry of Transport;

c) Ministry of Planning and Investment;

d) Ministry of Labor, Invalids and Social Affairs;

đ) Ministry of Agriculture and Rural Development;

e) Ministry of Finance;

g) Ministry of Natural Resources and Environment;

h) Ministry of Information and Communications;

i) Ministry of Construction;

k) Ministry of Justice;

l) State Bank of Vietnam;

m) Government Inspectorate;

n) State Capital Corporation Management Board;

o) Office of the Government.

2. Group 2 includes fields under the jurisdiction of ministries and sectors:

a) Ministry of Education and Training;

b) Ministry of Science and Technology;

c) Ministry of Culture, Sports and Tourism;

d) Ministry of Health;

đ) Vietnam Social Security;

e) Committee for Ethnic Minorities.

3. Group 3 includes fields under the jurisdiction of ministries and sectors:

a) Ministry of Public Security;

b) Ministry of National Defense;

c) Ministry of Foreign Affairs.

4. Group 4 includes programs, projects, and plans initiated by individuals who left their positions while they were civil servants, public officials, or employees directly involved in researching, drafting, or approving them.

5. The Minister or Head of a ministerial-level agency shall specify the detailed list of fields under paragraphs 1, 2, 3, and 4 of this Article.

Article 23. Period during which persons holding positions and powers are not allowed to establish or hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing their duties

Clause 1. The period during which persons holding positions and powers are not allowed to establish or hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing their duties shall be specified as follows:

a) From twelve to twenty-four months for Group 1 comprising areas prescribed in Clause 1 of Article 22 of this Decree;

b) From six to twelve months for Group 2 comprising areas prescribed in Clause 2 of Article 22 of this Decree;

c) For Group 3 comprising areas prescribed in Clause 3 of Article 22 of this Decree, the Minister of Public Security, the Minister of National Defense, and the Minister of Foreign Affairs shall prescribe the period during which persons holding positions and powers are not allowed to establish or hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing their duties;

d) For Group 4 comprising areas prescribed in Clause 4 of Article 22 of this Decree, the period is the time required to complete programs, projects, and plans.

Clause 2. The Minister and the head of a ministerial-level agency shall specify in detail the period during which persons holding positions and powers are not allowed to establish or hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing their duties in each area belonging to Groups a, b, and d prescribed in Clause 1 of this Article.

Section 2

PROVISIONS ON GIVING AND RECEIVING GIFTS

 

Article 24. Provisions on giving gifts

Clause 1. Agencies, organizations, units, and persons holding positions and powers may only use public funds and assets to give gifts for charitable purposes, foreign relations, and to implement policies as prescribed by law.

Clause 2. Gift-giving must comply with regulations on systems, standards, and recipients as prescribed by law; agencies and units giving gifts must record accounting entries and publicly disclose such activities in accordance with the law.

Article 25. Provisions on receiving gifts

Agencies, organizations, units, and persons holding positions and powers are not permitted to directly or indirectly accept gifts from any form from agencies, organizations, units, or individuals related to work they handle or within their management scope. In cases where refusal is impossible, the agency or organization must manage and dispose of the gift according to the provisions of Article 27 of this Decree.

Article 26. Reporting and returning gifts

Clause 1. When receiving gifts that do not comply with regulations, agencies and units must refuse them; if refusal is impossible, they must hand over the gifts to the department responsible for managing gifts within their agency or unit for disposal according to the provisions of Article 27 of this Decree.

Clause 2. When receiving gifts that do not comply with regulations, persons holding positions and powers must refuse them; if refusal is impossible, they must report to the head of their agency, organization, or unit or the head of their superior agency, organization, or unit and return the gifts for disposal according to the provisions of Article 27 of this Decree within five working days from the date of receipt.

The report must be in writing and include the following information: the name, position, agency, and address of the gift giver; the type and value of the gift; the specific time, place, and circumstances of receiving the gift; and the relationship with the gift giver.

Article 27. Handling Gifts

1. For monetary gifts and valuable securities, the head of the agency, organization, or unit shall organize the receipt, preservation, and procedures for depositing into the state budget in accordance with the provisions of the law.

2. For tangible gifts, the head of the agency, organization, or unit shall receive, preserve, and handle as follows:

a) Determine the value of the gift based on the price provided by the agency, unit, or individual giving the gift (if available) or the market value of similar gifts sold. In cases where the value of the tangible gift cannot be determined, it may be proposed to the competent authority to determine the value.

b) Decide to sell the gift and organize public sale of the gift in accordance with the provisions of the law.

c) Deposit into the state budget the amount received from the sale after deducting related expenses within thirty days from the date of sale.

3. For service gifts such as sightseeing, tourism, healthcare, education-training, internships, in-country or out-of-country training, and other services, the head of the agency, organization, or unit must notify the service provider about the non-use of the service.

4. For animal, plant, fresh live food, and other difficult-to-preserve tangible gifts, the head of the agency, organization, or unit shall decide on handling according to their authority or report to the competent authority for consideration and decision based on specific circumstances and the provisions of the law regarding the handling of evidence in administrative violation cases.

5. Within five working days from the date of handling the gift, the agency, organization, or unit handling the gift has the responsibility to notify in writing the managing agency, organization, or unit of the gift giver or the immediate superior agency, organization, or unit that gave the gift for consideration and handling according to their authority.

Article 28. Handling Violations of Gift Giving and Receiving Regulations

1. Agencies, organizations, or units using public funds or assets to give gifts in violation of regulations must compensate the State for the value of the gift. Individuals using public funds or assets to give gifts without proper authority or in violation of regulations must compensate for the value of the gift and will be subject to administrative penalties under the law on administrative violations in the management and use of state assets, depending on the nature and severity of the violation.

2. The head of the agency, organization, or unit who violates the regulations on receiving gifts or handling gifts, and individuals with positions or powers who violate the regulations on receiving gifts, reporting, or returning gifts, will be subject to disciplinary measures under the law on discipline for cadres, civil servants, and public officials and administrative penalties under the law on administrative violations in the management and use of state assets, depending on the nature and severity of the violation.

 

Section 3

CONFLICT OF INTEREST CONTROL

 

Article 29. Situations of Conflict of Interest

An individual with position or power is considered to have a conflict of interest when there are clear signs indicating that they belong or will belong to one of the following situations:

1. Accepting money, property, or other benefits from agencies, organizations, units, or individuals related to work they are responsible for or within their scope of management.

2. Establishing, participating in management, or operation of private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, except where otherwise provided by law.

3. Providing advice to domestic or foreign businesses on matters involving state secrets, job-related secrets, or work within their jurisdiction or participation in resolution.

4. Using information obtained through their position or power for personal gain or to serve the interests of another organization or individual.

5. Arranging for their spouse, father, mother, child, brother, sister, or full sibling to hold management positions related to human resources, accounting, cashier, or warehouse in the agency, organization, or unit, or engaging in transactions, purchasing goods, services, or signing contracts for the agency, organization, or unit where they are the head or deputy head.

6. Investing capital in businesses operating in sectors or industries directly managed by them or allowing their spouse, father, mother, child to engage in business activities in sectors or industries directly managed by them.

7. Signing contracts with businesses owned by their spouse, father, mother, child, brother, sister, or full sibling or allowing businesses owned by their spouse, father, mother, child, brother, sister, or full sibling to participate in tenders of their agency, organization, or unit when engaged in transactions, purchasing goods, services, or signing contracts for that agency, organization, or unit.

8. Having a spouse, father, mother, child, brother, sister, or full sibling who has direct rights or interests related to the performance of their duties or official tasks.

9. Interfering or improperly influencing the activities of agencies, organizations, units, or individuals with authority for personal gain.

Article 30. Information and Reporting on Conflict of Interest

1. When assigned work or during the performance of duties and public services, if a person with authority knows or is compelled to know that the assigned duties or public services conflict with their interests, they must report in writing to the direct manager or user for examination and handling in accordance with regulations.

2. When an agency, organization, unit, or individual discovers a conflict of interest involving a person with authority, they must inform and report in writing to the direct manager or user of such person for examination and handling.

3. Information and reporting on conflicts of interest must be carried out within five working days from the date of knowing or discovering that the assigned duties or public services conflict with the interests of the person assigned such duties or public services. Information and reporting on conflicts of interest shall be in writing and clearly state the following contents:

a) The situation of conflict of interest;

b) The time when the conflict of interest occurred and was known or discovered;

c) The extent of improper influence or potential improper influence on the performance of duties and public services by the person with authority;

d) Suggestions or recommendations for measures to control conflicts of interest.

Article 31Handling information and reporting on conflicts of interest

1. The head of the agency, organization, or unit managing and using persons with authority has the authority to receive and handle information and reports on conflicts of interest. Within five working days from the date of receiving the information and report, the head of the agency, organization, or unit decides or proposes the competent authority managing such person to apply one of the conflict of interest control measures prescribed in Articles 32, 33, and 34 of this Decree or handle according to the provisions of the law.

2. Within five working days from the date of handling information and reports on conflicts of interest, the agency, organization, or unit handling such information and reports must notify in writing the person with a conflict of interest and the agency, organization, unit, or individual providing the information and report on the conflict of interest.

Article 32. Supervision of the Performance of Assigned Duties and Public Services by Persons with Conflicts of Interest

1. The decision to supervise the performance of duties and public services by persons with conflicts of interest is made when there is evidence that such person does not ensure the accuracy, objectivity, and honesty in performing their duties and public services without the need to apply measures to suspend, temporarily suspend work, or temporarily transfer the person with a conflict of interest to another position.

2. The direct manager or user of the person with a conflict of interest, based on the scope, scale, nature, and content of the duties and public services, decides to self-supervise or assigns civil servants under their management to carry out supervision.

3. The content of supervision includes:

a) The implementation of assigned duties and public services with conflicts of interest including progress and results achieved;

b) Difficulties and obstacles arising in the performance of duties and public services;

c) Other contents related to the performance of duties and public services by the person with a conflict of interest.

4. The person assigned to supervise has the following responsibilities:

a) Requesting the person with a conflict of interest to implement the reporting system, provide explanations, and supply relevant information and documents for the supervision content;

b) Directly working with the person with a conflict of interest when deemed necessary to serve the purpose of supervision;

c) Reporting directly or in writing to the supervisor about difficulties, obstacles, or violations of the law by the person with a conflict of interest to take timely remedial and handling measures;

d) Reporting to the supervisor when there is evidence that the supervision is not appropriate for the conflict of interest or when the conflict of interest no longer exists.

Article 33. Temporary suspension of the performance of assigned duties and public service tasks of persons with conflicting interests; temporary transfer of persons with conflicting interests to other positions

1. The temporary suspension of the performance of duties and public service tasks of persons with conflicting interests; the temporary transfer of persons with conflicting interests to other positions shall be implemented when there is evidence indicating that if such person continues to perform duties and public service tasks or hold their current position, it will not ensure objectivity and transparency in the activities of the agency, organization, or unit.

2. The temporary suspension of the performance of duties and public service tasks and the temporary transfer of persons with conflicting interests to other positions shall be carried out in accordance with the provisions of Section 3 Chapter VI of this Decree and other regulations of laws on cadres, civil servants, public officials, and labor laws.

Article 34. Suspension of the performance of assigned duties and public service tasks of persons with conflicting interests

1. The suspension of the performance of duties and public service tasks of persons with conflicting interests shall be implemented when there is clear evidence of the person's violation of the law or improper influence causing difficulties and hindrances to the operations of competent state agencies.

2. Within five days from the date of obtaining the basis stipulated in Clause 1 of this Article, the head of the agency, organization, or unit shall decide or propose the person with management authority over the person holding a position and power to decide on suspending the work performance of duties and public service tasks for the person holding a position and power.

3. The decision to suspend the performance of duties and public service tasks must clearly record the full name of the person holding a position and power; the period of suspension; the reason for suspension; the rights and obligations of the person holding a position and power who is suspended; the effect of enforcement.

4. The decision to suspend the performance of duties and public service tasks must be sent to the person being suspended and the agency, organization, unit, or individual providing information and reports on conflicting interests.

Article 35. Application of other laws on conflict of interest control

In cases where other laws provide for the control of conflicts of interest, apart from applying the provisions of the Law on Prevention and Combating Corruption and this Decree, the provisions of such laws shall also be applied.

 

Chapter V

POSITION AND REGULAR PERIODIC TRANSFER

 

Article 36. Specific provisions on the list of positions and regular periodic transfer periods

1. The Minister, Head of a ministry-level agency, and Head of an agency under the Government shall specify the specific list and regular periodic transfer periods for positions within agencies, organizations, and units under ministries, ministry-level agencies, agencies under the Government, and within the scope of management according to sectors and fields at local authorities.

2. The list of positions that must be regularly transferred shall be specified in the Appendix attached to this Decree.

Article 37. Methods for implementing the transfer of positions

1. Transfer of positions within the same specialty or profession from one department to another within the agency, organization, or unit; between different fields or areas under supervision, responsibility, or management, or between agencies, organizations, or units within the scope of management of ministries, ministry-level agencies, agencies under the Government, and local authorities.

2. The transfer of positions shall be implemented through written dispatches, arrangements, or assignments of tasks to persons holding positions and powers in accordance with the provisions of the law.

Article 38. Cases where the job position transfer has not been implemented

1. Persons who are currently under review or disciplinary proceedings.

2. Persons who are currently being investigated, audited, inspected, prosecuted, or tried.

3. Persons undergoing treatment for serious illnesses confirmed by authorized health agencies; persons attending full-time studies for twelve months or more; persons on special assignment.

4. Women during pregnancy or nursing children under thirty-six months old; men nursing children under thirty-six months old due to the death of their wives or other objective circumstances.

Article 39. Job Position Transfer in Special Cases

1. For agencies, organizations, or units that have only one position in the periodic transfer list and this position requires different professional qualifications from the remaining positions within the agency, organization, or unit, the overall transfer plan shall be established by the head of the directly superior agency.

2. Job position transfer shall not be implemented for persons with less than eighteen months of remaining service until they reach retirement age.

 

Chapter VI

SUSPENSION OF DUTIES AND TEMPORARY TRANSFER TO OTHER JOB POSITIONS FOR PERSONS WITH RESPONSIBILITIES WHO HAVE COMMITTED VIOLATIONS RELATED TO CORRUPTION

OTHER WORKS REGARDING PERSONS WITH POSITIONS AND POWERS

AUTHORITY TO ISSUE DECISIONS ON SUSPENSION OF DUTIES AND TEMPORARY TRANSFER TO OTHER JOB POSITIONS

 

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AUTHORITY TO ISSUE DECISIONS ON TEMPORARY SUSPENSION, TEMPORARY TRANSFER TO ANOTHER POSITION

FOR PERSONS WITH RESPONSIBILITIES INSPECTOR

WITH POSITIONS AND POWERS

 

Article 40. Principles for determining the authority to issue decisions on suspension of duties and temporary transfer to other job positions

The head of the agency, organization, or unit with the authority to appoint, recruit, and manage persons with responsibilities decides or proposes to the competent authority to decide on the suspension of duties and temporary transfer to other job positions for persons under their direct management when there is evidence as stipulated in Article 43 of this Decree.

In cases where other laws or regulations of political organizations or political-social organizations specify the authority to issue decisions on suspension of duties and temporary transfer to other job positions, such provisions shall be applied according to those laws or organizational regulations.

Article 41. Authority to Issue Decisions on Suspension of Duties and Temporary Transfer to Other Job Positions in Administrative State Agenciesto another position within the administrative state agency

1. The Chairman of the People's Committee at the commune level decides or proposes to the competent authority to decide on the suspension of duties and temporary transfer to other job positions for persons under their direct management.

2. The Chairman of the People's Committee at the district level decides on the suspension of duties for the Chairmen and Vice Chairmen of the People's Committees at the commune level; decides on the suspension of duties and temporary transfer to other job positions for the heads and deputy heads of specialized agencies under the People's Committee at the district level and persons under their direct management whom they have appointed and managed.

3. The head of a specialized agency under the People's Committee at the provincial level decides on the suspension of duties and temporary transfer to other job positions for the heads and deputy heads of subordinate agencies and units and persons under their direct management whom they have appointed and managed.

4. The Chairman of the People's Committee at the provincial level decides on the suspension of duties for the Chairmen and Vice Chairmen of the People's Committees at the district level; decides on the suspension of duties and temporary transfer to other job positions for the heads and deputy heads of specialized agencies under the People's Committee at the provincial level and persons under their direct management whom they have appointed and managed.

5. Directors of General Departments, Bureaus, and equivalent agencies with delegated management authority over persons with responsibilities decide or propose to the competent authority to decide on the suspension of duties and temporary transfer to other job positions for the heads and deputy heads of subordinate agencies and units under the General Department, Bureau, and equivalent agencies and persons under their direct management whom they have appointed and managed.

6. Ministers, Heads of Ministries Equivalent to Ministries, and Government Agencies decide or propose to the competent authority to decide on the suspension of duties and temporary transfer to other job positions for the heads and deputy heads of subordinate agencies and units under the Ministry, Ministry Equivalent to a Ministry, and Government Agency and persons under their direct management whom they have appointed and managed.

7. The Prime Minister decides on the suspension of duties for the Chairmen and Vice Chairmen of the People's Committees at the provincial level; submits to the National Assembly for approval the proposal to suspend the duties of Deputy Prime Ministers, Ministers, Heads of Ministries Equivalent to Ministries, and Government Agencies; during periods when the National Assembly is not in session, submits to the President for decision the suspension of duties for Deputy Prime Ministers, Ministers, Heads of Ministries Equivalent to Ministries, and Government Agencies; decides on the suspension of duties and temporary transfer to other job positions for Deputy Ministers and equivalent positions and persons under their direct management whom the Prime Minister has appointed.

Article 42. Authority to issue decisions on temporary suspension from work and temporary transfer to another position within public service units and state-owned enterprises1. The head of the competent authority managing public service units and state-owned enterprises shall decide on the temporary suspension from work and temporary transfer to another position for those managerial positions appointed by themselves.

2. The head of public service units and state-owned enterprises shall decide on the temporary suspension from work and temporary transfer to another position for employees hired, appointed, and directly managed by themselves.

Basis for Temporary Suspension from Work and Temporary Transfer to Another Position; Rights and Obligations of the Decision Maker, Those with Positions and Authorities Temporarily Suspended or Transferred

 

Section 2

Article 43. Basis for issuing decisions on temporary suspension from work and temporary transfer to another position

1. Decisions on temporary suspension from work and temporary transfer to another position for those with positions and authorities may only be implemented when there is evidence indicating that such individuals have committed acts of law violation related to corruption and it could cause difficulties for the examination and handling if they continue working.

2. Evidence indicating that those with positions and authorities have committed acts of law violation related to corruption includes one of the following situations:

 

a) There is a request document from the Inspection Agency, State Audit Agency, Investigation Agency, People's Procuratorate, or People's Court;

b) Through verification and clarification of the content based on reports of complaints, it is found that those with positions and authorities have carried out acts showing signs of corruption;

c) Through self-inspection activities within agencies, organizations, and units, it is found that those with positions and authorities have carried out acts showing signs of corruption;

d) Through management, direction, and operation, it is found that those with positions and authorities have carried out acts of law violation related to the performance of tasks, duties, financial management, and public asset management.

3. Those with positions and authorities are considered to potentially cause difficulties for the examination and handling by authorized state agencies when they commit one of the following actions:

a) Refusing to provide information or documents, or providing incomplete or false information;

b) Intentionally delaying or evading compliance with the requirements of authorized persons during the verification and clarification process of corruption acts;

c) Unauthorized removal of sealed documents, destruction of information, documents, and evidence; disposal of assets related to law violations;

d) Exploiting their own or others' positions, influence, or other means to conceal law violations, causing difficulties for verification and clarification.

Article 44. Rights and obligations of the decision maker on temporary suspension from work and temporary transfer to another position

1. The decision maker on temporary suspension from work and temporary transfer to another position for those with positions and authorities has the following rights:

a) Requesting the Inspection Agency, State Audit Agency, Investigation Agency, and People's Procuratorate to provide information and documents to clarify the basis for the decision on temporary suspension from work and temporary transfer to another position;

b) Requesting those with positions and authorities who are temporarily suspended from work or transferred to another position to cooperate with relevant agencies or authorized persons to verify and clarify acts of corruption.

2. The decision maker on temporary suspension from work and temporary transfer to another position for those with positions and authorities has the following obligations:

a) Sending the decision on temporary suspension from work and temporary transfer to another position to those with positions and authorities who are temporarily suspended from work or transferred to another position, the agency, organization, or unit where they are currently working, and the place receiving them for temporary transfer to another position;

b) Revoking the decision on temporary suspension from work and temporary transfer to another position for those with positions and authorities after the authorized agency concludes that they did not commit acts of corruption or after the temporary suspension period ends without determining that they committed acts of corruption;

c) Publicly announcing to all cadres, civil servants, and employees in their own agency, organization, or unit about the revocation of the decision on temporary suspension from work and temporary transfer to another position for those with positions and authorities;

d) Restoring the legitimate rights and interests of those with positions and authorities after the authorized agency concludes that they did not commit acts of corruption or after the temporary suspension period ends without determining that they committed acts of corruption.

b) Revoke the decision on temporary suspension from work or temporary transfer to another position for persons with positions and powers after the competent authority concludes that such person did not commit corruption or after the temporary suspension period or temporary transfer period has expired without determining that such person committed corruption;

c) Publicly notify all cadres, civil servants, public officials in the agency, organization, unit about the revocation of the decision on temporary suspension from work or temporary transfer to another position for persons with positions and powers;

d) Restore the rights and lawful interests of persons with positions and powers after the competent authority concludes that such person did not commit corruption or after the temporary suspension period or temporary transfer period has expired without determining that such person committed corruption.

Article 45. Rights and Obligations of Persons Whose Duties and Authorities Are Temporarily Suspended or Transferred to Other Positions 1. Rights of persons whose duties and authorities are temporarily suspended or transferred to other positions include:

a) Receiving the decision on temporary suspension of duties or transfer to other positions;

b) Receiving notifications from competent state agencies regarding conclusions on the verification and clarification of acts of corruption;

c) Requesting the person who issued the decision on temporary suspension of duties or transfer to other positions to reconsider the decision if there is evidence that it violates the law and infringes upon their legitimate rights and interests;

d) Requesting the person who issued the decision on temporary suspension of duties or transfer to other positions to revoke the decision on temporary suspension or transfer to other positions when the temporary suspension period has expired and the competent state agency has not concluded on the act of corruption or has concluded that such person did not commit an act of corruption;

đ) Requesting the competent authority to restore their legitimate rights and interests.

2. Obligations of persons whose duties and authorities are temporarily suspended or transferred to other positions include:

a) Strictly complying with the decision on temporary suspension of duties or transfer to other positions issued by the competent authority;

b) Providing relevant information and cooperating with competent agencies during the process of verifying and clarifying acts of corruption;

c) Adhering to internal regulations and work rules of the receiving agency, organization, or unit during the period of being transferred to another position.

PROCEDURES, TIME LIMITS FOR TEMPORARY SUSPENSION OF DUTIES AND TEMPORARY TRANSFER TO OTHER POSITIONS; REVOCATION AND PUBLIC ANNOUNCEMENT OF THE DECISION TO REVOKE THE TEMPORARY SUSPENSION OF DUTIES AND TEMPORARY TRANSFER TO OTHER POSITIONS

 

Section 3

Article 46. Issuing Decisions on Temporary Suspension of Duties and Temporary Transfer to Other Positions

1. Within five working days from the date of having grounds as prescribed in Article 43 of this Decree, the head of the agency, organization, or unit shall decide or propose the competent authority managing persons with duties and authorities to issue a decision on temporary suspension of duties or temporary transfer to other positions for persons with duties and authorities.

2. The choice of applying the measure of temporary suspension of duties or temporary transfer to other positions for persons with duties and authorities shall be decided by the head of the agency, organization, or unit or the competent authority managing civil servants, public officials, and employees based on the nature and severity of each specific case and the requirements for arranging and utilizing personnel within the agency, organization, or unit.

3. The decision on temporary suspension of duties or temporary transfer to other positions must clearly state the name of the person with duties and authorities; the duration of the temporary suspension of duties or temporary transfer to other positions; the reasons for the temporary suspension of duties or temporary transfer to other positions; the rights and obligations of the person with duties and authorities whose duties and authorities are temporarily suspended or transferred to other positions; and its effective enforcement.

 

4. The decision on temporary suspension of duties or temporary transfer to other positions for persons with duties and authorities must be sent to the person whose duties are temporarily suspended, the person whose position is temporarily transferred, the agency, organization, or unit where they are currently working, and the receiving agency, organization, or unit where they will be transferred to work.

5. In cases where other laws provide procedures and formalities for temporary suspension of duties or temporary transfer to other positions, those provisions shall be applied.

2. The choice to apply measures of temporary suspension from work or temporary transfer to another position for persons with positions and powers shall be decided by the head of the agency, organization, unit or the person authorized to manage cadres, civil servants, public officials based on the nature and severity of each specific case and the requirements for arranging and utilizing cadres, civil servants, public officials in the agency, organization, unit.

3. Decisions on temporary suspension from work or temporary transfer to another position must clearly state the name of the person with positions and powers; the duration of temporary suspension from work or temporary transfer to another position; reasons for temporary suspension from work or temporary transfer to another position; rights and obligations of the person with positions and powers who is temporarily suspended from work or transferred to another position; effectiveness of implementation.

4. Decisions on temporary suspension from work or temporary transfer to another position for persons with positions and powers must be sent to the person temporarily suspended, the person temporarily transferred to another position, the agency, organization, unit where the person is working, and the place receiving the person temporarily transferred to another position.

5. In cases where other laws specify procedures and formalities for temporary suspension from work or temporary transfer to another position, those provisions shall be applied.

Article 47. Duration of Temporary Suspension from Work and Temporary Transfer to Another Position transfer to another position

The duration of temporary suspension from work and temporary transfer to another position is ninety days, calculated from the date the decision on temporary suspension from work and temporary transfer to another position is issued.

Article 48. Revocation of Decision on Temporary Suspension from Work and Temporary Transfer to Another Position

1. Within five working days from the date the competent authority concludes that the person with a position or power has not committed acts of corruption, or from the date the temporary suspension from work and temporary transfer to another position expires without a conclusion on acts of corruption, the person who made the decision must revoke the decision on temporary suspension from work and temporary transfer to another position for the person with a position or power.

2. The decision to revoke the temporary suspension from work and temporary transfer to another position shall be sent to the person with a position or power who was temporarily suspended from work or transferred to another position, the agency, organization, unit where such person works, and the place receiving the person temporarily transferred to another position.

Article 49. Publicizing the Decision to Revoke Temporary Suspension from Work and Temporary Transfer to Another Position

Within five working days from the date the decision to revoke the temporary suspension from work and temporary transfer to another position is issued, the person making the decision shall have the responsibility to publicize it in one of the following forms:

1. Announcing at a full meeting of the agency, organization, or unit where the person temporarily suspended from work or transferred to another position works;

2. Posting at the office premises of the agency, organization, or unit where the person temporarily suspended from work or transferred to another position works for a continuous period of fifteen days from the date of posting.

Article 50. Procedures, Formalities, and Time Limits for Issuing Decisions on Temporary Suspension from Work and Temporary Transfer to Another Position for Persons with Positions or Powers Who Are Members of Political Organizationspolitical-social organizations

The procedures, formalities, and time limits for temporary suspension from work and temporary transfer to another position for persons with positions or powers who are members of political organizations and political-social organizations shall be implemented in accordance with the Anti-Corruption Law, this Decree, and the charter and regulations of those organizations.

 

Section 4

REGIME, POLICY; COMPENSATION AND RESTORATION OF RIGHTS, LEGAL BENEFITS FOR PERSONS TEMPORARILY SUSPENDED FROM WORK OR TEMPORARILY TRANSFERRED TO ANOTHER POSITION

LEGAL INTERESTS OF PERSONS TEMPORARILY SUSPENDED,

TEMPORARILY TRANSFERRED TO ANOTHER POSITION

 

Article 51. Regime and Policy for Persons with Positions or Powers During the Period of Temporary Suspension from Work and Temporary Transfer to Another Positionduring the period of temporary suspension from work or temporary transfer to another position

Persons with positions or powers during the period of temporary suspension from work and temporary transfer to another position shall retain their regime, policy, and other legitimate rights and benefits as they had in their previous positions before being temporarily suspended or transferred to another position.

Article 52. Restoration of Legitimate Rights and Benefits for Persons with Positions or Powers After the Competent Authority Concludes That They Have Not Committed Acts of Corruption or There Is No Conclusion on Such Acts restore the rights and lawful interests of persons with positions and powers after the agency, organization with authority concludes that such person did not commit corruption or does not have a conclusion on corruption

Persons temporarily suspended from work or transferred to another position shall return to their original positions after the competent authority concludes that they have not committed acts of corruption or after the expiration of the temporary suspension or transfer period. They shall be publicly apologized and corrected, and compensated for losses caused by unlawful actions in issuing the decision on temporary suspension from work or temporary transfer to another position, in accordance with the law.

 

Chapter VII

APPLICATION OF MEASURES TO PREVENT AND COMBAT CORRUPTION IN ENTERPRISES AND ORGANIZATIONS OUTSIDE THE STATE

ENTERPRISES, ORGANIZATIONS OUTSIDE THE STATE

 

Section 1

MEASURES TO PREVENT AND COMBAT CORRUPTION IN ENTERPRISES AND SOCIAL ORGANIZATIONS OUTSIDE THE STATE

ENTERPRISES, SOCIAL ORGANIZATIONS OUTSIDE THE STATE

 

Article 53. Implementation of Transparency and Openness in the Organization and Activities of Enterprises and Organizations in the Non-State Sector

1. Based on the provisions of the Anti-Corruption Law, this Decree, and other relevant laws, public companies, credit organizations, 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 to mobilize contributions from the people for charitable activities shall, based on their specific organizational and operational characteristics, be responsible for clearly defining the forms of transparency, contents, and responsibilities for implementing transparency and openness in their enterprises and organizations.

2. The contents of transparency and openness include:

a) The implementation of policies and laws related to the rights and legitimate interests of employees and members; wage and bonus systems; working hours, rest periods, and other social welfare benefits; conduct rules, enterprise charters; personnel organization and deployment work, and other contents that must be transparent and open according to relevant laws.

b) In addition to the contents specified in point a, clause 2 of this Article, 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 to mobilize contributions from the people for charitable activities must also disclose the following contents: regulations on mobilizing, managing, and using contributions for charitable activities; rights and obligations of contributors and beneficiaries; purposes of mobilizing contributions for charitable activities; target groups, forms, and levels of contribution mobilization; results of mobilization, including lists of contributing and sponsoring entities, forms and levels of contributions and sponsorships; management and utilization results of mobilized funds for charitable purposes.

Article 54. Implementation of Conflict of Interest Control in Enterprises and Organizations in the Non-State Sector

Based on the provisions of the Anti-Corruption Law, this Decree, and other relevant laws, public companies, credit organizations, 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 to mobilize contributions from the people for charitable activities shall, based on their specific organizational and operational characteristics, implement conflict of interest control as follows:

1. Clearly define cases of conflict of interest, responsibilities for reporting and disclosing information about conflict of interest cases, and disseminate and train all employees and members of the enterprise or organization on these matters.

2. Establish mechanisms for receiving, processing reports on conflicts of interest within the enterprise or organization, including supervision and application of appropriate measures within their authority to control conflicts of interest.

3. Take timely measures to protect the rights and legitimate interests of employees who report conflicts of interest when they suffer or are threatened with harm.

4. Report to competent state agencies as required by law in cases where conflicts of interest lead to violations of the law that need to be prevented and addressed promptly.

Article 55. Responsibilities and Liability Handling of Heads and Deputy Heads in Enterprises and Organizations Outside the State Sector When Corruption Occurs Under Their Management

Based on the provisions of the Anti-Corruption Law, this Decree, and related laws, public companies, credit organizations, and social organizations established or approved by the Prime Minister, the Minister of Home Affairs, or the Chairman of the Provincial People's Committee to mobilize contributions from the people for charitable activities shall, in accordance with their organizational and operational characteristics, stipulate the liability system for heads as follows:

1. Specify in detail the responsibilities of heads and deputy heads when corruption occurs in enterprises and organizations under their management.

2. Specify forms of liability handling, cases where exemption, reduction, or aggravation of responsibility may be considered for heads and deputy heads when corruption occurs in enterprises and organizations under their management.

3. Specify procedures and processes for handling the responsibility of heads and deputy heads when corruption occurs in enterprises and organizations under their management.

 

Section 2

INSPECTION OF THE IMPLEMENTATION OF LEGAL PROVISIONS

ON PREVENTION AND COMBATING CORRUPTION IN ENTERPRISES,

SOCIAL ORGANIZATIONS OUTSIDE THE STATE SECTOR

 

Article 56. Inspection Targets

The inspection targets include the following enterprises and organizations:

1. Public companies;

2. Credit organizations;

3. Social organizations established or approved by the Prime Minister, the Minister of Home Affairs, or the Chairman of the Provincial People's Committee to mobilize contributions from the people for charitable activities.

Article 57. Inspection Content

1. Implementation of transparency as prescribed in Article 53 of this Decree.

2. Conflict of interest control as prescribed in Article 54 of this Decree.

3. Implementation of the responsibilities of heads and deputy heads when corruption occurs as prescribed in Article 55 of this Decree.

4. Other contents related to the implementation of legal provisions concerning prevention and combating corruption in enterprises and organizations outside the state sector.

Article 58. Basis for Issuing Inspection Decisions

An inspection decision must be based on one of the following grounds:

1. Indications of non-compliance with regulations on anti-corruption preventive measures, including: failure to issue regulations; failure to implement or implement incorrectly or incompletely as prescribed; implementation but lack of monitoring and supervision of implementation as prescribed.

2. Requirements for resolving complaints and reports regarding violations in the implementation of anti-corruption preventive measures.

Article 59. Inspection Authority

1. The competent inspection authority of the sector or industry in which the main business of public companies and credit organizations operates has the authority to inspect the implementation of laws on prevention and combating corruption by such public companies and credit organizations, except for cases specified in point a, Clause 3 and Clause 4 of this Article.

2. The Ministry of Home Affairs' Inspection Department has the authority to inspect the implementation of laws on prevention and combating corruption by social organizations established or approved by the Minister of Home Affairs to mobilize contributions from the people for charitable activities, except for cases specified in Clause 4 of this Article.

3. Provincial Inspectors have the authority to inspect the implementation of laws on prevention and combating corruption by the following enterprises and organizations:

a) Public companies and credit organizations headquartered in the province when there are grounds as prescribed in Article 58 of this Decree and the competent inspection authority of the sector or industry in which the main business of such public companies and credit organizations operates does not conduct inspections. The inspection decision must be sent to the Government Inspectorate and the competent inspection authority.

Before issuing an inspection decision, the Provincial Inspector General must consult with the Inspector General of the competent inspection authority. In case of disagreement, report to the Chief Inspector General of the Government for consideration and decision.

b) Social organizations established or approved by the Chairman of the Provincial People's Committee to mobilize contributions from the people for charitable activities.

4. The Government Inspectorate has the authority to inspect the implementation of laws on prevention and combating corruption by social organizations established or approved by the Prime Minister to mobilize contributions from the people for charitable activities; enterprises and organizations assigned by the Prime Minister or when there are grounds as prescribed in Article 58 of this Decree and the inspection authorities specified in Clauses 1, 2, and 3 of this Article do not conduct inspections.

Article 60. Tasks, powers of the decision-maker for inspection, Head of the inspection team, members of the inspection team; procedures and formalities for conducting inspections

1. During the process of conducting inspection activities, the decision-maker for inspection, the Head of the inspection team, and members of the inspection team shall perform tasks and exercise powers as prescribed by laws on inspection.

2. The procedures, formalities, and deadlines for conducting inspections to check compliance with laws on preventing and combating corruption shall be carried out in accordance with the provisions of laws on inspection.

Article 61. Inspection conclusions1. Inspection conclusions must include the following contents:

a) Conclusions on the inspected matters;

b) Conclusions on the responsibility of the heads of enterprises and organizations under inspection in organizing and directing the implementation of laws on preventing and combating corruption at different levels: lack of responsibility in management; weakness in management capacity;

c) Requirements for enterprises and organizations under inspection to take measures to rectify deficiencies and shortcomings in implementing laws on preventing and combating corruption;

d) Handling or recommending competent authorities to handle enterprises and organizations for violations of laws on preventing and combating corruption in accordance with the law.

2. Inspection conclusions must be made public in accordance with the law on inspection. In cases where enterprises and organizations are found to have violated laws on preventing and combating corruption, the following actions shall be taken:

a) Lists of enterprises that have committed violations must be sent to relevant ministries and agencies managing the main business sectors of the enterprises for consolidation, monitoring, management, and public disclosure on the electronic portal;

b) Lists of organizations that have committed violations must be sent to the Ministry of Home Affairs or Provincial Departments of Home Affairs according to their level of management for consolidation, monitoring, management, and public disclosure on the electronic portal.

3. In cases where violations of laws on preventing and combating corruption indicate criminal offenses, the decision-maker for inspection must transfer the case file to the investigation agency and simultaneously notify the same-level prosecution office in writing as prescribed by law.

Article 62. Rights and obligations of enterprises and organizations subject to inspection

The rights and obligations of enterprises and organizations subject to inspection shall be implemented in accordance with the law on inspection.

Article 63. Handling overlapping and repetitive inspections of the implementation of the Law on Preventing and Combating Corruption for Enterprises and Organizations

1. When overlapping issues regarding the scope, subjects, content, and time of inspections between inspection agencies of ministries, and between inspection agencies of ministries and provincial inspection agencies are discovered, the inspection agencies shall coordinate, exchange, and unify handling methods, specifically as follows:

a) Overlapping inspections regarding the scope, subjects, content, and time between inspection agencies of ministries shall be conducted by the ministry's inspection agency responsible for state management in the main industry or field of activity of the inspected entity;

b) Overlapping inspections regarding the scope, subjects, content, and time between inspection agencies of ministries and provincial inspection agencies shall be conducted by the ministry's inspection agency.

2. In cases where inspection agencies cannot reach an agreement on handling overlaps or enterprises and organizations raise objections or recommendations about overlapping inspections, the Chief Inspector General shall examine and decide.

Within ten days from the date of receipt of the request, recommendation, or objection, the Chief Inspector General shall provide comments in writing on the handling of overlapping inspections regarding the scope, subjects, content, and time.

PROVIDE INFORMATION UPON REQUEST

 

Chapter VIII

OF AUTHORITIES AND ORGANIZATIONS

OF THE AGENCY, ORGANIZATION

 

Article 64. Rights and Obligations of Agencies and Organizations Requesting Information Provision

1. Agencies and organizations requesting information have the following rights:

a) To request information on the activities of agencies, organizations, and units as stipulated in Clause 1, Article 14 of the Anti-Corruption Law;

b) To receive the requested information or a written response regarding the refusal or non-provision of information;

c) To lodge complaints about the failure to provide information or the failure to fulfill the obligation to provide information in accordance with the provisions of the law.

2. Agencies and organizations requesting information have the following obligations:

a) To request information in writing, clearly stating their name, address, and reason for requesting the information;

b) To exercise the right to request information in accordance with the provisions of the Anti-Corruption Law and this Decree;

c) Not to abuse the right to request information to cause disruption or to commit illegal acts that cause damage to agencies, organizations, or individuals;

d) To comply with decisions resolving complaints that have legal effect concerning the provision of information requests.

Article 65. Rights and Obligations of Agencies, Organizations, and Units Required to Provide Information

1. Agencies, organizations, and units required to provide information have the following rights:

a) To be informed of the reason for the request for information;

b) To refuse to provide information classified as state secrets and other contents as prescribed by the Government, information that has been publicly disclosed through mass media, published in publications, or publicly posted, and information unrelated to the activities of the agency, organization, or unit being requested;

c) To require the person receiving the information to use it legally and ensure its accuracy when using it.

2. Agencies, organizations, and units required to provide information have the following obligations:

a) To provide information in writing to agencies and organizations in accordance with the procedures, formalities, and deadlines prescribed by the Anti-Corruption Law and this Decree;

b) To respond in writing and specify the reasons for not providing or not yet being able to provide the information to the requesting agency or organization;

c) To guide access to the requested information if such information has been publicly disclosed through mass media, published in publications, or publicly posted.

d) To comply with decisions resolving complaints that have legal effect concerning the provision of information requests.

Article 66. Responsibility of Heads of Agencies, Organizations, and Units in Providing Information Upon Request from Agencies and Organizations

The head of an agency, organization, or unit is responsible for organizing and directing the provision of information; they shall be responsible for violations of the obligation to provide information by their agency, organization, or unit as stipulated in the Anti-Corruption Law, this Decree, and other relevant laws.

Article 67. Forms of Requests for Information from Agencies and Organizations

1. Requests for information are made in writing or via data messages.

2. Written requests or data message requests for information are delivered directly, sent by post, or transmitted electronically to the requested agency, organization, unit, or individual.

Article 68. Implementation of Requests for Information Provision

Within ten days from the date of receipt of the request for information provision, the agency, organization, or unit requested to provide information must carry out one of the following activities:

1. Provide the information when the content of the requested information meets the following conditions:

a) Falls within the scope of public disclosure as prescribed by the Anti-Corruption Law and this Decree;

b) Falls within the scope of activities of the agency, organization, or unit requested;

c) Has not been publicly disclosed through mass media, publication of printed materials, or public posting.

2. Respond in writing about the refusal to provide information to the requesting agency or organization if the content of the requested information does not meet the conditions stipulated in Clause 1 of this Article and clearly state the reasons.

3. If the requested information has already been publicly disclosed through mass media, publication of printed materials, or public posting, then the response must include guidance on how to access that information.

Article 69. Ensuring the Right to Request Information Provision for Agencies and Organizations

1. In cases where agencies or organizations requesting information have grounds to believe that the information provided is incomplete or contrary to the law, they have the right to lodge complaints.

2. The procedures for lodging and resolving complaints regarding the right to request information are carried out in accordance with the laws on complaints.

 

Chapter IX

INFORMATION AND REPORTING SYSTEMS FOR ANTI-CORRUPTION

ANTI-CORRUPTION

 

Article 70. Reports of Ministries, Equivalent Ministries, Government Agencies, and Provincial People's Committees

1. Ministries, equivalent ministries, government agencies, and provincial people's committees are responsible for reporting to the Government on anti-corruption work at their ministries, sectors, and localities, and sending such reports to the Government Inspectorate to compile annual reports on anti-corruption efforts.

2. The Government Inspectorate is responsible for assisting the Government in establishing the information and reporting system; guiding, inspecting, and urging ministries, sectors, and localities in implementing the information and reporting system and compiling annual reports on anti-corruption efforts nationwide.

Article 71. Responsibilities of Ministers, Heads of Equivalent Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees

1. Ministers, heads of equivalent ministries, heads of government agencies, and chairpersons of provincial people's committees are responsible for detailing the information and reporting system; directing, urging, and inspecting the implementation of the information and reporting system on anti-corruption work within their respective management scopes.

2. Ministers, heads of equivalent ministries, heads of government agencies, and chairpersons of provincial people's committees must be accountable for the accuracy and objectivity of reports on anti-corruption work.

Article 72. Exchange of Information Between the Government Inspectorate and the Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court, and State Audit Office

1. The Government Inspectorate shall cooperate with the Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court, and State Audit Office in exchanging, providing information, documents, and experiences related to anti-corruption work in inspection, investigation, prosecution, adjudication, and auditing activities.

2. The exchange and provision of information and documents on anti-corruption work as stipulated in Clause 1 of this Article must ensure promptness, accuracy, and timeliness.

Article 73. Exchange of Information between the Government Inspectorate and Other Organizations on Anti-Corruption Work

1. The Government Inspectorate shall coordinate with the Vietnam Fatherland Front Central Committee and its member organizations, the Vietnam Chamber of Commerce and Industry, business associations, industry associations, and local press agencies to regularly exchange and provide information and materials on anti-corruption work through their activities.

2. The exchange and provision of information and materials on anti-corruption work as stipulated in Clause 1 of this Article must be timely, accurate, and prompt.

Article 74. Exchange of Information on Anti-Corruption Work at Local LevelThe People's Committee of a province shall take the lead and coordinate with the People's Procuracy, the People's Court, the Vietnam Fatherland Front Committee of the province, business associations, industry associations, and local press agencies in exchanging and providing information and materials on anti-corruption work at the local level.

Article 75. Public Disclosure of Annual Reports on Anti-Corruption Work

1. The annual report on anti-corruption work of the People's Committee of a province shall be publicly disclosed on the electronic portal by the Chairman of the People's Committee of that province no later than the last working day of March each year.

2. The annual report on anti-corruption work of a ministry, agency at the ministerial level, or government agency shall be publicly disclosed on the electronic portal by the Minister, head of the agency at the ministerial level, or head of the government agency no later than the last working day of March each year.

3. The annual report on anti-corruption work of the Government shall be publicly disclosed on the electronic portal of the Government by the Prime Minister no later than the last working day of April each year.

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBILITIES FOR OTHER VIOLATIONS OF LAWS ON ANTI-CORRUPTION

 

Chapter X

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBLE FOR

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBLE FOR

 

Section 1

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBLE FOR

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBLE FOR

VIOLATION OF DUTIES OF HEADS AND DEPUTIES OF HEADS OF ORGANIZATIONS WHEN CORRUPTION OCCURS IN THE ORGANIZATIONS THEY MANAGE AND RESPONSIBLE FOR

 

Article 76. Basis for Determining Responsibility

1. The determination of responsibility of heads and deputies of heads of organizations shall be based on the severity of the corruption case.

2. The severity of the corruption case is determined as follows:

a) A minor corruption case is a case where the person committing the act of corruption has not reached the level of criminal punishment or has been criminally punished with a fine, suspended sentence, or imprisonment of up to three years;

b) A serious corruption case is a case where the person committing the act of corruption has been criminally punished with imprisonment from more than three years to seven years;

c) A very serious corruption case is a case where the person committing the act of corruption has been criminally punished with imprisonment from more than seven years to fifteen years;

d) An extremely serious corruption case is a case where the person committing the act of corruption has been criminally punished with imprisonment from more than fifteen years to twenty years, life imprisonment, or capital punishment.

Article 77. Forms of Disciplinary Measures

The head and deputy head of an agency, organization, or unit shall be subject to disciplinary measures if corruption cases occur under their management and responsibility, depending on the nature and severity of such cases as follows:

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

a) Reprimand;

b) Warning;

c) Dismissal from position.

2. If the head and deputy head of an agency, organization, or unit belong to political-social-professional organizations, social-professional organizations, or social organizations, they shall be subject to disciplinary measures according to current laws and the charter of those organizations.

3. If the head and deputy head of an agency or unit are officers, non-commissioned officers, or professional military personnel in the People's Army and People's Public Security Force, they shall be subject to disciplinary measures according to current laws applicable to officers, non-commissioned officers, and professional military personnel in the People's Army and People's Public Security Force.

Article 78. Application of Disciplinary Measures

1. The form of reprimand shall be applied when the head and deputy head of an agency, organization, or unit allow less serious corruption incidents to occur.

2. The form of warning shall be applied when the head and deputy head of an agency, organization, or unit allow serious corruption incidents to occur or multiple less serious corruption incidents to occur within the agency, organization, or unit under their management and responsibility.

3. The form of removal from office shall be applied when the head and deputy head of an agency, organization, or unit allow very serious or particularly serious corruption incidents to occur or multiple serious corruption incidents to occur within the agency, organization, or unit under their management and responsibility.

Article 79. Responsibility for Considering and Imposing Disciplinary Measures

Within thirty working days from the date of the official conclusion or report of the agency or person with authority regarding the corruption case or criminal case, or from the date the judgment on corruption becomes legally effective, the head of the superior agency, organization, or unit has the responsibility to consider and impose disciplinary measures or report to the competent authority to consider and impose disciplinary measures against the head and deputy head of the agency, organization, or unit directly responsible or jointly responsible for allowing corruption to occur.

Article 80. Competence, Procedure, and Process for Handling Responsibility of Heads and Deputy Heads

The competence, procedure, and process for handling the responsibility of heads and deputy heads of agencies, organizations, or units shall be carried out according to the provisions of the law on disciplinary measures for civil servants, public officials, and public employees.

 

Section 2

DISCIPLINARY MEASURES AND ADMINISTRATIVE PENALTIES FOR OTHER VIOLATIONS OF LAWS ON PREVENTION AND COMBATING CORRUPTION

 

Article 81. Handling violations in the implementation of transparency and openness

1. A person performing official duties who violates regulations on transparency and openness shall be handled as follows:

a) Reprimand for violating regulations on the content, form, time limit for implementing transparency, providing information, fulfilling the duty of explanation, and violating the reporting system on anti-corruption work;

b) Warning for failing to implement transparency, not organizing press conferences, not providing information, not conducting explanations, not establishing, and not publishing reports on anti-corruption work.

2. The head of an agency, organization, or unit who violates regulations in organizing, directing, inspecting, and urging the implementation of transparency and openness shall be subject to disciplinary measures in the form of a warning.

Article 82. Handling violations of regulations on systems, norms, and standardshandling violations of regulations on systems, standards, quotas

1. A person who permits the use contrary to the provisions on norms, standards, and systems but not to the extent of being criminally prosecuted shall be disciplined with a warning; they must return the value permitted for use contrary to the provisions and compensate for any losses incurred.

2. A person who uses contrary to the provisions on norms, standards, and systems but not to the extent of being criminally prosecuted shall jointly compensate for the value used beyond the provisions and be handled as follows:

a) In cases where the person was unaware that the use was contrary to the provisions, they shall be disciplined with a reprimand.

b) In cases where the person knew or was compelled to know that the use was contrary to the provisions, they shall be disciplined with a warning.

3. A person who arbitrarily uses contrary to the provisions on norms, standards, and systems but not to the extent of being criminally prosecuted shall be disciplined with a warning; they must return the value used contrary to the provisions and compensate if damage is caused.

Article 83. Handling violations of conduct rules of persons holding positions and powers in agencies, organizations, units persons with positions and powers in agencies, organizations, units

1. Persons holding positions and powers who commit acts violating the provisions of Clause 2, Article 20 of the Law on Prevention and Combating Corruption but not to the extent of being criminally prosecuted shall be handled as follows:

a) Reprimand for the first time for a person engaging in harassment in handling affairs; using improperly information of the agency, organization, unit.

b) Warning for a person engaging in harassment, improperly using information of the agency, organization, unit who has been disciplined with a reprimand; advising enterprises, organizations, individuals inside and outside the country about work within their jurisdiction or participating in handling such work.

c) Dismissal or forced resignation for a person advising enterprises, organizations, individuals inside and outside the country about work related to state secrets, work secrets.

d) Dismissal or forced resignation for a person establishing, managing, or operating a private enterprise, limited liability company, joint-stock company, partnership, cooperative, except where otherwise provided by law.

2. Warning for the head or deputy head of the agency, organization, unit for the first time arranging their spouse, father, mother, child, brother, sister, or half-sibling to hold management positions regarding human resources, accounting, cashier, warehouse in the agency, organization, unit or conducting transactions, buying and selling goods, services, signing contracts for the agency, organization, unit.

3. Dismissal for the head or deputy head of the agency, organization, unit who arranges their spouse, father, mother, child, brother, sister, or half-sibling to hold management positions regarding human resources, accounting, cashier, warehouse in the agency, organization, unit or conducting transactions, buying and selling goods, services, signing contracts for the agency, organization, unit which has already been disciplined with a warning; the head or deputy head of the state agency contributing capital to a business operating in the scope of industries and professions directly managed by them or allowing their spouse, father, mother, child to engage in business in the scope of industries and professions directly managed by them.

4. Members of the Board of Directors, members of the Board of Members, Chairman of the Company, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and other persons holding managerial positions in state-owned enterprises who sign contracts with businesses owned by their spouse, father, mother, child, brother, sister, or half-sibling; permit businesses owned by their spouse, father, mother, child, brother, sister, or half-sibling to participate in tenders of their own business; arrange their spouse, father, mother, child, brother, sister, or half-sibling to hold management positions regarding human resources, accounting, cashier, warehouse in the enterprise or conducting transactions, buying and selling goods, services, signing contracts for the enterprise but not to the extent of being criminally prosecuted shall be handled as follows:

a) Reprimand for the first time for a person committing a violation.

b) Warning for a person who has been disciplined with a reprimand for such behavior and continues to repeat it.

5. In addition to disciplinary measures prescribed from Clause 1 to Clause 4 of this Article, relevant agencies, organizations, units, and individuals must also apply remedial measures and compensate for any losses caused according to the law.

Article 84. Handling Violations of Conflict of Interest Provisions

1. A person performing public duties or tasks who knows or is compelled to know about their conflict of interest situation but fails to report it shall be handled as follows:

a) Reprimand for the first time for a person committing a violation.

b) Warning for a person who has been disciplined with a reprimand for such behavior and continues to repeat the offense; or a person committing the violation for the first time but causing serious consequences.

2. An authority figure who knows or is compelled to know about a conflict of interest but fails to apply conflict of interest control measures as prescribed by the Anti-Corruption Law shall be handled as follows:

a) Reprimand for the first time for a person committing a violation.

b) Warning for a person who has been disciplined with a reprimand for such behavior and continues to repeat the offense; or a person committing the violation for the first time but causing serious consequences.

Article 85. Handling Violations of Reporting and Handling Reports on Corruption Behavior

1. Civil servants, public officials, employees, and workers who discover acts of corruption within their working agency, organization, or unit but fail to report them to the head of that agency, organization, or unit shall be handled as follows:

a) Reprimand for the first time for a person committing a violation.

b) Warning for a person who has been disciplined with a reprimand for such behavior and continues to repeat the offense; or a person committing the violation for the first time but allowing a serious act of corruption to occur.

2. The head of an agency, organization, or unit who receives a report on corruption but fails to handle it shall be handled as follows:

a) Reprimand for the first time for a person committing a violation.

b) Warning for a person who has been disciplined with a reprimand for such behavior and continues to repeat the offense; or a person committing the violation for the first time but allowing a serious act of corruption to occur;

c) Dismissal for a person who has been disciplined with a warning for such behavior and continues to repeat the offense; or a person committing the violation for the first time but allowing a very serious or particularly serious act of corruption to occur.

Article 86. Disciplinary Authority, Procedure, and Process for Handling Other Violations of Anti-Corruption Regulations

1. For civil servants, public officials, and employees, disciplinary actions shall be carried out according to the laws on disciplinary action for civil servants, public officials, and employees.

2. For individuals working in agencies, organizations, or units under the People's Army or the People's Public Security, disciplinary actions shall be carried out according to regulations on disciplinary action in the People's Army and the People's Public Security.

3. For individuals working in state-owned enterprises, disciplinary actions shall be carried out according to regulations on disciplinary action in state-owned enterprises.

4. For civil servants, public officials, and employees who are Party members and violate regulations, in addition to being disciplined according to the law, they must also be subject to disciplinary action according to the Party Charter.

5. For individuals working in political-social organizations, social organizations, social-professional organizations, and other organizations or enterprises outside the state, disciplinary actions shall be carried out according to the charters and regulations of those organizations.

Article 87. Administrative Sanctions for Other Violations of Anti-Corruption Laws in Enterprises, Organizations, and Units in the State Sector

Administrative sanctions for other violations of anti-corruption laws in state-owned enterprises and other organizations and units established, invested in infrastructure, provided with all or part of operational funds, directly managed or jointly managed by the state for common and essential needs of the state and society shall be implemented according to regulations on administrative sanctions in the management and use of state assets and related laws.

 

Chapter XII

IMPLEMENTING PROVISIONS

 

Article 88. Effectiveness

1. This Decree shall take effect from August 15, 2019.

2. The following legal normative documents shall cease to be effective from the date this Decree takes legal effect:

a) Government Decree No. 107/2006/NĐ-CP dated September 22, 2006 on the handling of responsibility of heads of agencies, organizations, and units when corruption occurs within agencies, organizations, and units under their management and supervision;

b) Government Decree No. 47/2007/NĐ-CP dated March 27, 2007 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Corruption regarding the role and responsibility of society in preventing and controlling corruption;

c) Government Decree No. 102/2007/NĐ-CP dated June 14, 2007 on the prohibition period for engaging in business activities in sectors under their management for former officials, civil servants, and public employees;

d) Government Decree No. 158/2007/NĐ-CP dated October 27, 2007 on the list of job positions and periodic rotation periods for cadres, civil servants, and public employees;

đ) Government Decree No. 59/2013/NĐ-CP dated June 17, 2013 detailing certain provisions of the Law on Prevention and Control of Corruption;

e) Government Decree No. 90/2013/NĐ-CP dated August 8, 2013 on the accountability of state agencies in performing assigned tasks and powers;

g) Government Decree No. 211/2013/NĐ-CP dated December 19, 2013 amending and supplementing certain articles of Government Decree No. 107/2006/NĐ-CP dated September 22, 2006 on the handling of responsibility of heads of agencies, organizations, and units when corruption occurs within agencies, organizations, and units under their management and supervision;

h) Government Decree No. 150/2013/NĐ-CP dated November 1, 2013 amending and supplementing certain articles of Government Decree No. 158/2007/NĐ-CP dated October 27, 2007 on the list of job positions and periodic rotation periods for cadres, civil servants, and public employees;

i) Decision No. 64/2007/QĐ-TTg dated May 10, 2007 of the Prime Minister promulgating the Regulation on gift-giving, receiving gifts, and returning gifts of agencies, organizations, and units using state budget funds and of cadres, civil servants, and public employees.

Article 89. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees and municipal People's Committees directly under the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.