Decree No. 64/1998/ND-CP detailing and guiding the implementation of the Anti-Corruption Ordinance

DECREE

Detailed regulations and guidance for implementing the Anti-Corruption Ordinance

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Anti-Corruption Ordinance dated March 9, 1998;

Pursuant to the directive of the Standing Committee of the Political Bureau (Central Party Office's Circular No. 1033-CV/VPTW dated August 7, 1998);

At the proposal of the State Audit Office,

DECREE:

PART I
PERSONS WITH POSITIONS AND POWERS AND THINGS NOT TO BE DONE

Article 1. Persons with positions and powers as stipulated in Article 2 of the Anti-Corruption Ordinance include:

1. Civil servants working in state agencies, political organizations, political-social organizations, agencies and units under the People's Army and the Public Security Force as prescribed by the Civil Servant Ordinance;

2. Officers, non-commissioned officers, professional soldiers, defense workers in agencies and units under the People's Army; officers, non-commissioned officers, professional and technical staff in agencies and units under the Public Security Force;

3. Leadership and management staff in state-owned enterprises including: members of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, members of the Supervisory Board, heads and deputies of business departments;

4. Cadres at commune, ward, town level including: Secretary, Deputy Secretary of the Party Committee; Chairman, Vice-Chairman of the People's Council; Chairman, Vice-Chairman of the People's Committee; members of the People's Committee and specialized positions;

5. Other persons entrusted to perform public duties and have authority while performing such duties including: persons under contract in state agencies, political organizations, political-social organizations, social-professional organizations or those authorized by these agencies and organizations to perform a specific duty or public service.

Article 2. Exploiting position and power means using one’s work position, work relations, name of the agency or organization, or using the work position and influence of a person with position and power to gain improper benefits or commit acts contrary to the law.

Illegally intervening means actions taken by a person with position and power who has exploited their position and power to directly or indirectly affect the activities of agencies, organizations, or individuals with authority when considering and resolving interests for themselves or others.

Improper gains refer to material benefits obtained from exploiting one’s position and power or exploiting the influence of another person.

Article 3. The head, deputy head of the head of an agency or organization or a person authorized shall not allocate public funds for gift-giving or sharing with civil servants and other persons outside the provisions of the law.

The head of a state-owned enterprise or unit must comply with the State's regulations on setting up and using various funds.

Article 4. When performing public duties, a person with position and power shall not establish procedures or requirements beyond the prescribed regulations, delay the resolution of requests from individuals, agencies, or organizations once all conditions are met; shall not directly or through others accept money, assets, or other material benefits to perform or refrain from performing their public duties.

Article 5.

1. The head, deputy head of the head or person directly managing public funds in agencies and organizations shall not borrow or lend money from public funds outside the provisions of the law.

2. Members of the Board of Directors, members of the Supervisory Board, General Director, Deputy General Director, Director, Deputy Director of credit institutions and banks, persons authorized to assess and approve loans shall not borrow money or guarantee loans for others from credit institutions and banks where they work.

3. A person with position and power shall not exploit their position and power to borrow money from credit institutions and banks without meeting the conditions and procedures prescribed by law.

Article 6. The head, deputy head of the head of an agency or organization, or person directly managing assets of an agency or organization shall not use public funds, houses, land, and other assets of the agency or organization to gain improper benefits for themselves; if currently using such assets, they must return them to the agency or organization; if damaged or lost, they must compensate; benefits gained from using such assets must be returned to public funds.

A person with position and power shall not use the labor of those under their management to gain improper benefits.

Article 7. A person with position and power shall not disclose economic information and other unapproved information obtained from their work position or known through other circumstances to persons not responsible for such information.

Article 8. A person with position and power shall not deposit their own money, precious metals, and precious stones in foreign banks outside Vietnam; if deposited before this Decree takes effect, they must transfer the amount, precious metals, and precious stones back to Vietnam. In cases of working or studying abroad, after completing their term of work or study period, they must transfer the amount, precious metals, and precious stones back to Vietnam.

Article 9. Persons specified in Clauses 1, 2, and 3 of Article 1 of this Decree shall not:

1. Establish or participate in establishing private businesses, joint-stock companies, limited liability companies, cooperatives, private hospitals, private schools, private research facilities;

2. Hold the following positions: member of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, member of the Supervisory Board, head and deputy of business departments in joint-stock companies, limited liability companies, private businesses; Head, Deputy Head of cooperative; Director, Deputy Director of private hospitals, private research facilities; Principal, Deputy Principal of private schools, except in cases where they are appointed by competent state authorities to hold the aforementioned positions.

Article 10. The spouse, father, mother, children, or full siblings of the head, deputy head of an agency or organization shall not hold leadership positions related to human resources, accounting-finance; shall not serve as treasurer, warehouse manager within the agency or organization, nor engage in purchasing materials, goods, organizing bidding, concluding contracts for the agency or organization they directly oversee; if the agency or organization has a warehouse or treasury department, they shall not serve as heads or deputies of such departments. In cases where the spouse, father, mother, children, or full siblings are currently holding such positions, they must be reassigned to other duties.

Chapter II
ASSET DECLARATION

PART 1
PERSONS MAKING THE DECLARATION AND ASSETS TO BE DECLARED

Article 11. The declaration of assets by individuals with official positions is intended to enable authorized agencies and organizations to know about the declared person's assets, serving personnel management work for civil servants, contributing to preventing and curbing acts of corruption.

The declaration does not aim to trace the origin of the declared assets.

Article 12.

1. The following persons must declare their assets:

a) At districts, counties, towns, provincial cities: Chairperson, Deputy Chairperson of the People's Committee; Chairperson, Deputy Chairperson of the People's Council; Secretary, Deputy Secretary of the District Party Committee, County Party Committee, Town Party Committee, and those holding equivalent positions in state agencies, political organizations, political-social organizations.

b) At provinces, centrally governed cities: Director, Deputy Director of Departments; Chairperson, Deputy Chairperson of the People's Committee; Chairperson, Deputy Chairperson of the People's Council; Secretary, Deputy Secretary of the Provincial Party Committee, City Party Committee, and those holding equivalent positions in state agencies, political organizations, political-social organizations.

c) At central agencies: Department Head, Deputy Department Head and above, and those holding equivalent positions in state agencies, political organizations, political-social organizations.

d) General Director, Deputy General Director, Director, Deputy Director, Chairman, Vice Chairman, member of the Board of Management, Chief Accountant in state-owned enterprises; those appointed by the State to hold such positions in enterprises with state capital.

2. At appropriate times, the Prime Minister will specify other subjects required to declare assets.

Article 13. Assets that must be declared include:

1. Houses rented, inherited, gifted, purchased, self-built, or other types of houses that the declarant currently possesses.

2. Land granted usage rights, inherited land, transferred land, or other types of land that the declarant currently possesses in reality.

3. Other assets valued at 50 million dong or more.

PART 2
PROCEDURES FOR DECLARATION AND MANAGEMENT OF DECLARATION FORMS

Article 14. From the date this Decree takes effect, individuals subject to asset declaration must fully, accurately, and truthfully declare all types of assets specified in Article 13 of this Decree and bear legal responsibility for the contents of their declarations.

Article 15. Declarants must fill out the form prescribed and issued together with this Decree. If there are changes in assets during the year, the declarant must submit supplementary declarations.

The declarant under the management of an agency or organization shall submit the declaration form to that agency or organization.

Article 16. Upon receiving the declaration form, the recipient must record it in a tracking book, require the declarant to sign for receipt; if the declaration does not comply with the prescribed form, the recipient must request a re-declaration.

Article 17. The declaration form shall be managed according to the file management system for cadres and may only be studied and utilized when the declarant engages in acts of corruption.

When a declarant is transferred or reassigned to another agency or organization, their declaration form must be transferred along with their cadre file to the authorized agency or organization for management.

When a declarant retires or leaves their position, their declaration form shall be kept with their cadre file.

Article 18. Inspection, investigation, prosecution, and court agencies may study and utilize the declaration form to serve the verification and investigation of acts of corruption.

Article 19. Studying and utilizing the declaration form must be based on a decision or letter of introduction from an authorized agency or organization, clearly stating the name, position of the person coming to study and utilize the form, and the purpose of the study and utilization.

Studying and utilizing the declaration form must be conducted at the agency managing the declaration form. The person assigned to study and utilize the form must strictly adhere to legal regulations.

Article 20. Any individual who distorts the content, loses, damages, or leaks confidential information in the declaration form, provides it to unauthorized persons for exploitation and use; or who abuses the declaration process to cause internal discord, or uses the declaration form contrary to the law shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation.

Chapter III
RECEIVING AND HANDLING REPORTS ON CORRUPTION

Article 21. Reports of corruption against individuals in any agency or organization shall be the responsibility of the head of that agency or organization to examine and resolve.

Reports of corruption against the head of any agency or organization shall be the responsibility of the head of the superior agency or organization to examine and resolve.

Article 22. Within no later than seven days from the date of receiving a report on corruption, if it falls within their jurisdiction, the head of the agency or organization receiving the report must accept and handle it; if the case does not fall within their jurisdiction, it must be transferred to the competent agency or organization for handling. In urgent situations, immediate notification must be given to the competent authority to take timely measures to prevent the violation, recover stolen assets, and ensure safety for the reporter.

Article 23. Authorized agencies and organizations must conduct investigations, verify, and conclude on the reported content; determine the responsibility of collectives or individuals involved in acts of corruption; apply or recommend the application of measures to deal with those engaged in acts of corruption.

Article 24. Anonymous reports on acts of corruption without clear names or addresses of the reporters but with clear content and specific evidence, which can be verified and investigated, shall be decided by the head of the authorized agency or organization to examine and handle.

Article 25. During the investigation and verification of reported cases of corruption, authorized agencies, organizations, and individuals with authority may apply the following measures:

1. Request the complainant to provide evidence and documents related to the complaint content;

2. Request the accused to explain in writing regarding the complaint content;

3. Request individuals, agencies, and relevant organizations to provide information and documents related to the complaint content;

4. Conduct expert appraisal, and take other measures as prescribed by law.

Article 26. During the process of receiving and handling complaints about corruption, if there are signs of criminal offenses, the head of the agency or organization must report or transfer the file to the investigation agency as prescribed by law.

Within twenty days from the date of receipt of the notification or the corruption case file, the investigation agency must reply in writing to the agency or organization that has reported or transferred the file.

Article 27. The head of the agency or organization and those assigned to receive, verify, and handle corruption complaints must keep confidential for the complainant; they shall not disclose the complainant's name, address, or other harmful information.

Any person who discloses the name of the complainant or transfers the complaint letter, copies of the complaint letter, or records of the complaint to the accused agency, organization, or individual shall be dealt with according to the provisions of the law.

Chapter IV
MEASURES TO HANDLE PERSONS ENGAGED IN CORRUPTION

Article 28. Upon discovering acts of corruption or receiving requests from inspection, investigation, and prosecution agencies, the head of the agency or organization within their scope of functions, duties, and authority must apply measures to recover assets that have been embezzled and other measures to prevent violations, limit losses caused by corruption. If the act of corruption falls under one of the cases stipulated in Article 21 of the Anti-Corruption Ordinance, the head of the agency or organization must transfer the file to the investigation agency for handling according to the provisions of the law.

Article 29. Persons engaged in corruption who do not reach the level of criminal prosecution shall be disciplined according to the provisions of the Anti-Corruption Ordinance, the Cadres and Civil Servants Ordinance, and this Decree.

The decision on disciplinary action against persons engaged in corruption must be based on the nature of the violation, the value of the corrupt assets, the extent of loss, and aggravating or mitigating circumstances as stipulated in Article 23 of the Anti-Corruption Ordinance.

It is not allowed to transfer jobs, terminate employment, or retire such persons as a substitute for applying disciplinary measures.

Article 30. Persons engaged in corruption who are sentenced to imprisonment by the Court shall be dismissed from work from the date the judgment or decision of the Court becomes legally effective.

Article 31.During the verification and investigation of acts of corruption, the head of the agency or organization with the authority to issue a decision to temporarily suspend work may issue a decision to temporarily suspend work for persons obstructing the verification and investigation or persecuting the complainant.

The duration of temporary suspension of work shall not exceed ninety days; in special cases, it can be extended, but the extension period shall not exceed forty-five days.

When it is deemed unnecessary to continue applying the measure of temporary suspension of work, the person who issued the decision must issue a decision to revoke the decision on temporary suspension of work.

Article 32. Within the latest thirty days from the date of the conclusion of the case or from the date of receipt of the request for disciplinary action from the competent agency, the head of the agency or organization must submit the case to the Disciplinary Council for examination and handling of persons engaged in corruption.

Chapter V
IMPLEMENTATION

Article 33. The head of the agency or organization within their scope of duties and authority is responsible for:

1. Propaganda, dissemination, and organization of implementation of asset declaration and other provisions of the law on anti-corruption;

2. Review and abolish, within their authority; propose other agencies and organizations to abolish regulations causing difficulties and inconvenience to individuals, agencies, and organizations;

3. Publicize financial income and expenditure, fundraising and utilization of people's contributions, and administrative procedures as prescribed by law;

4. Strengthen inspection and audit of the implementation of anti-corruption laws; promptly reward collectives and individuals with achievements, and strictly deal with violators.

Article 34. The Minister, Head of a Ministry-equivalent Agency, Head of a Government-affiliated Agency, Chairman of the People's Committee of provinces and centrally-administered cities have the responsibility to guide and inspect subordinate agencies and organizations in implementing anti-corruption laws, regularly or urgently report to the Prime Minister, and send copies to the State Inspector General.

Article 35. The State Inspector General coordinates with the Ministers of Public Security, National Defense, and heads of relevant agencies to assist the Prime Minister in guiding, inspecting, and urging all levels and sectors in preventing, detecting, and handling acts of corruption; compile the situation and report to the Government on the prevention and struggle against corruption nationwide.

Article 36. The Director of the Department of Awards and Honors, the Minister of Finance shall submit to the Prime Minister for approval the award system for collectives and individuals with achievements in detecting, preventing, and handling corruption.

Article 37. This Decree shall take effect 15 days from the date of issuance.

Article 38. The Ministers, Heads of Ministry-equivalent Agencies, Heads of Government-affiliated Agencies, Chairmen of People's Committees at all levels, and Heads of related agencies and organizations are responsible for implementing this Decree.

ASSET DECLARATION FORM
(Attached to Decree No. 64/1998/ND-CP dated August 17, 1998 of the Government detailing and guiding the implementation of the Anti-Corruption Ordinance)

* Name of declarant:

Position:

Name of working agency or unit:

Permanent domicile:

Number of family members:

* Name of spouse:

Occupation:

Name of working agency or unit or place of work:

Permanent domicile:

I. Declaration on housing:

1. General declaration:

- Total number of houses:...units

- Total construction area:...square meters²

2. Detailed declaration of each type of house:

a) Villa:

- Address:

- Construction area:...square meters²

- Type of house (specify clearly whether rented from the state, private individuals, or other entities; inherited; purchased; self-built, or other types of houses):...

b) Class 1 house:

- Address:

- Construction area:...square meters²

- Type of house (specify clearly whether rented from the state, private individuals, or other entities; inherited; purchased; self-built, or other types of houses):...

c) Class 2 house:

- Address:

- Construction area:...square meters²

- Type of house (specify clearly whether rented from the state, private individuals, or other entities; inherited; purchased; self-built, or other types of houses):...

d) Class 3 house:

- Address:

- Construction area:...square meters²

- Type of house (specify clearly whether rented from the state, private individuals, or other entities; inherited; purchased; self-built, or other types of houses):...

đ) Class 4 house:

- Address:

- Construction area:...square meters²

- Type of house (specify clearly whether rented from the state, private individuals, or other entities; inherited; purchased; self-built, or other types of houses):...

II. Declaration on land:

1. Residential land (rural residential land, urban land):

- Area:...square meters²

- Address:

- Source (specify clearly whether granted by the state for use, inherited, transferred, or other types of land):...

2. Other types of land (agricultural land, forestry land, specialized land):

- Area:...square meters²

- Address:

- Source (specify clearly whether granted by the state for use, inherited, transferred, or other types of land):...

III. Declaration of other assets with a value of VND 50 million or more (for each asset)

1...Value...million VND

3...Value...million VND

3…Value…million VND

.................................

I solemnly declare that the above declaration is true. If it is incorrect, I will bear full responsibility.

...day...month...year 199...

Name of declarant

(Signature)