DECREE NO. 90/2013/ND-CP ON THE RESPONSIBILITY OF STATE AGENCIES TO PROVIDE ACCOUNTABILITY IN PERFORMING ASSIGNED TASKS AND POWERS

DECREE

Article 24||| provides for the obligation of state agencies to report on their duties and powers granted.June 2024;||| The responsibility to report is defined based on the Anti-Corruption Law No. 55/2005/QH11, which has been amended and supplemented by Law No. 01/2017/QH12 and Law No. 27/2020/QH14.

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: ficer Ch"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."Pursuant to the Vocational Education Law dated July 27, 20091;

||| The Government promulgates this Decree to provide for the conditions for accepting requests for reporting.No. ||| This Decree stipulates the conditions for accepting requests for reporting; the rights and obligations of the person requesting reporting and the person providing the report; self-reporting procedures, the procedures for reporting, and the responsibilities of agencies, organizations, and individuals related to the implementation of regulations on the duty to report.0||| This Decree applies to the following entities:1||| 2/QH13;

At the proposal of the Director of the General Bureau of Meteorology and Hydrology, the Head of the Science and Technology Department, and the Head of the Legal Department;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP GENERAL CONDUCT RULES"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;

h"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."||| Administrative state agencies, public service units under administrative state agencies, and persons with authority in performing tasks.June 2024;||| The responsibility to report is defined based on the Anti-Corruption Law No. 55/2005/QH11, which has been amended and supplemented by Law No. 01/2017/QH12 and Law No. 27/2020/QH14.,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| State agencies, political organizations, socio-political organizations, social organizations, political-social-professional organizations, social-professional organizations, economic organizations; foreign organizations established and operating legally in Vietnam; Vietnamese citizens and foreigners residing or working in Vietnam who request reporting.i||| In this Decree, the following terms are understood as follows:ì||| Reporting means the provision, explanation, and clarification by state agencies of information regarding the performance of assigned duties and powers and their responsibilities in performing such duties and powers.ì||| The person requesting reporting is an agency, organization, or individual requesting a state agency or a person with authority to explain matters related to the performance of their rights and obligations.

Article 2. Applicability

||| The person providing the report is the head of a state agency or a person authorized by the head of a state agency to perform the reporting.

1. ||| Article 4. Principles of Implementation and Application of Laws on the Duty to Report l||| The duty to report must be implemented according to the following principles: tr||| Ensuring transparency, completeness, timeliness, and compliance with authority; tr||| Protecting the legitimate rights and interests of the state, organizations, and individuals. tron the commissioned scientific and technological task according to the requirements set forth in Articles 6, 7, 8, and 9 of this Circular. In case of necessity, the heads of the aforementioned agencies may propose the Minister to seek the advisory opinions of one to two independent domestic or foreign experts or establish another council to re-determine the scientific and technological task and obtain the opinions of related agencies.

2. ||| If other regulatory legal documents have provisions on the duty to report, they shall be applied according to the provisions of those legal documents. tr||| Article 5. Contents Not Within the Scope of the Duty to Report

Article 3. Explanation of Terms

||| The person providing the report has no obligation to report on the following contents:Plan for handling assets after the expiration of the joint venture and association period ||| Information related to state secrets;

1. ||| Internal directives and organizational arrangements for the performance of tasks and official duties within state agencies; in the management and direction of higher-level administrative agencies over lower-level administrative agencies;

2. ||| Personal privacy-related information; l||| Business secrets-related information;policies||| Information that has already been reported or has been accepted and resolved by competent authorities.

3. ||| Requests for reporting made more than 90 days from the date the agency, organization, or individual received or became aware of a state agency's decision or action directly affecting their legitimate rights and interests. commission ||| Article 6. Conditions for Accepting Requests for Reporting

||| A person requesting reporting must have full civil capacity or act through a lawful representative; an agency or organization requesting reporting must act through a lawful representative.

1. ||| The content of the request for reporting must directly relate to the rights and legitimate interests of the agency, organization, or individual making the request. tr||| The content of the request for reporting must fall within the scope of management responsibility of the agency being requested.

a) ||| RIGHTS AND OBLIGATIONS OF THE PERSON REQUESTING REPORTING AND THE PERSON PROVIDING THE REPORT.authority;

b) Protecting the legitimate rights and interests of the State, organizations, and individuals.

2. In case of necessity and with the consent of the Governor or Deputy Governor in charge, the main drafting unit may set a shorter opinion solicitation period than that mentioned above, but it must be at least three working days. Units whose opinions are sought are responsible for replying according to the deadline stated in the document requesting opinions.nationalother regulatory legal documents provide for trif there is a duty to report, it shall be implemented according to the provisionscouncillORSof that regulatory legal document.

Article 5. Contents not within the scope of the duty to report

1. The person reporting has no obligation to report on the following contents:

a) Information related to state secrets;

b) Directives and organizational implementation of tasks and public duties within state agencies; in administrative guidance from higher-level administrative agencies to lower-level administrative agencies; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Personal privacy information;

c) Business secrets;

d) d) Contents that have already been resolved or are being handled by competent authorities.

Requests for reports made more than 90 days after the individual, organization, or entity receives or becomes aware of the decision or act of a state agency directly affecting their legitimate rights and interests. trArticle 6. Conditions for accepting requests for reports

2. Individuals requesting reports must have full civil capacity themselves or through a lawful representative; organizations requesting reports must do so through a lawful representative.

The content of the request for reports must directly relate to the rights and legitimate interests of the organization, entity, or individual making the request.

1. The content of the request for reports must fall within the management responsibility of the agency requested., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP RIGHTS AND OBLIGATIONS OF THE PERSON REQUESTING REPORTS AND THE PERSON REPORTINGnationalTruthful and substantiated content regarding the request for reports.

2. Providing relevant information and documents concerning the content of the request for reports., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Conducting themselves in accordance with the procedures and formalities prescribed in this Decree and other regulatory legal documents.ầSubmitting supplementary documents aimed at clarifying, accurately, and fully explaining the reported contents.

3. In the following cases:ầquarantine upon import.

Chapter II

In accordance with this Decree and related laws.

Article 7. Rights of the Requester for Clarification

1. To make the request for clarification themselves or to authorize another person with full capacity for civil acts to make such a request.

2. To withdraw part or all of the request for clarification.

3. To receive the clarification document from the responsible agency.

Article 8. Obligations of the Requester for Clarification vụ of the Requester for Clarification

1. To comply with the procedures and formalities regarding the request for clarification as stipulated in this Decree and other regulatory legal documents.amendTo clearly, truthfully, and based on evidence, present the content of the request for clarification.ub) Annually (before January 15 of the following year) notify the Ministry of Labor - Invalids and Social Affairs (Employment Bureau) about the situation of labor movement (from January 1 to December 31 of the relevant year);

2. To provide information and documents related to the content of the request for clarification. trResolving requests for reports in accordance with the prescribed form, procedure, formalities, and deadlines set forth in this Decree and related laws. tron the commissioned scientific and technological task according to the requirements set forth in Articles 6, 7, 8, and 9 of this Circular. In case of necessity, the heads of the aforementioned agencies may propose the Minister to seek the advisory opinions of one to two independent domestic or foreign experts or establish another council to re-determine the scientific and technological task and obtain the opinions of related agencies.

3. For foreign individuals requesting reports, the request for reports must be translated into Vietnamese;

Article 9. Rights of the Clarifier

1. To request the requester for clarification to provide relevant information and documents concerning the content of the request for clarification.

2. To request the requester for clarification to comply with the procedures and formalities as prescribed in this Decree and other relevant regulatory legal documents.ìAppointing a representative must be evidenced in writing;councillORSUsing the Vietnamese language. If a foreign individual requests reports, they must use their own Vietnamese interpreter during the process of fulfilling the request for reports;

3. To supplement or correct information in the clarification document to clarify, accurately, and fully the content of the clarification. trThe request for reports must truthfully reflect the content of the request for reports in writing; clearly stating the name, address, telephone number (or mailing address when contact is necessary) of the person requesting the report;amendSuspend the implementation of the report when the person requesting the report withdraws the request for reports. trArticle 16. Responsibilities of the head of a state agency in organizing the implementation of the duty to report

4. In addition to the cases specified in Article 6 of this Decree, when making direct clarifications, the clarifier has the right to refuse to clarify in the following situations: trSpecifying the implementation of the duty to report in internal regulations and work rules of the agency in accordance with its functions, tasks, powers.

a) The requester for clarification is in a state of losing control over their behavior due to alcohol, beer, or other stimulants.

b) The authorized person or representative does not have lawful documents as required by law.

c) The requester for clarification engages in disorderly conduct or insults the dignity and personality of the clarifier. tron the commissioned scientific and technological task according to the requirements set forth in Articles 6, 7, 8, and 9 of this Circular. In case of necessity, the heads of the aforementioned agencies may propose the Minister to seek the advisory opinions of one to two independent domestic or foreign experts or establish another council to re-determine the scientific and technological task and obtain the opinions of related agencies.

Article 10. Obligations of the Clarifier

1. To accept requests for clarification within their jurisdiction as prescribed by law. trTo guide the requester for clarification to comply with the procedures and formalities as prescribed in this Decree and other relevant legal documents.

2. To resolve the request for clarification according to the prescribed form, procedure, formalities, and deadlines as stipulated in this Decree and other relevant legal documents.councillORSOrganizing, directing, urging, inspecting subordinate officials and civil servants to strictly implement regulations on the duty to report and handling violations of such regulations.

3. Article 20. Responsibilities for guiding and implementing

Chapter III

PROCEDURES FOR IMPLEMENTING EXPLANATION

Article 11. Request for Clarification

1. The request for clarification can be made in writing or directly at the State agency responsible for clarification.

2. A written request for clarification must meet the following conditions:

a) To use the Vietnamese language. In the case of foreigners requesting clarification, the written request for clarification must be translated into Vietnamese.nationalThe General Inspectorate of the Government will coordinate with the Minister of Home Affairs to guide the implementation of this Decree.ì Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies;

b) To clearly express the content of the request for clarification.

c) To clearly record the name, address, and phone number (or mail address if necessary for contact) of the requester for clarification.

3. Direct request for clarification:

a) The requester for clarification clearly presents the content of the request to the staff or civil servant receiving the request for clarification.

If multiple people jointly request clarification on the same content, they must appoint a representative to present it; the appointment of the representative must be documented in writing.toPeople's Committees of provinces and centrally-administered cities and related agencies are responsible for enforcing this Decree./.

b) Use the Vietnamese language. In cases where foreigners request an explanation, they must use their own Vietnamese interpreter during the process of making such a request.ìThe content of the explanation request must be clearly expressed in writing; specify the name, address, and telephone number (or mailing address for contact purposes) of the person requesting the explanation.i|| trThe explanation process shall be suspended if the person requesting the explanation withdraws their request.

c) Staff or civil servants receiving the request for clarification must truthfully record the content of the request for clarification in writing; clearly record the name, address, and phone number (or mail address if necessary for contact) of the requester for clarification. trArticle 16. Responsibilities of the Head of State Administrative Agencies in Organizing the Implementation of Explanation Duties trSpecificize the implementation of explanation duties in Internal Regulations and Work Rules of the agency in accordance with the functions, tasks, and authorities of the agency itself. trOrganize, direct, urge, inspect, and ensure strict compliance by subordinate officials and civil servants under their management with regulations concerning explanation duties and handle violations of these regulations.

d) The requester for clarification must sign or affix their fingerprint to confirm the written document.

Article 12. Acceptance of Request for Clarification

The acceptance of request for clarification Installation shall be implemented as follows:

1. Acceptance and registration of, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP requests for clarification.

2. Guide the person requesting clarification to comply with the correct format of the request for clarification troing periodnationalIf it has not been met as prescribed in Article 11 of this Decree.

3. Within five working days from the date of accepting the request, the clarifier must notify the requester about the acceptance or rejection and specify the reasons.

In case the request for clarification does not fall within their responsibility, guide the requester to submit it to the competent authority. trWith responsibility for clarification. In case the content of the request has already been clarified but another person requests clarification, provide a copy of the original clarification to that person.amendMaintain files of requests for clarification

4. Lpriority That have been accepted in accordance with the laws on archives. trArticle 13. Implementation of Clarification

For simple direct requests for clarification, the clarifier may directly implement the clarification and the requester signs or affixes a fingerprint to confirm on the record of the implementation of the clarification.

1. For other requests for clarification, the clarifier must proceed as follows:ìStudy the content of the request for clarification;

2. Collect and verify related information;

a) Directly work with the requester to clarify relevant contents when necessary. The content of the work is recorded in a protocol signed by both parties;

b) Issue a clarification document containing the following contents:

c) Name and address of the requester;

d) Content of the request for clarification;

- Results of direct work with organizations or individuals (if any);ìc) Supplementing point c of Clause 3 as follows:

- Legal bases

- for clarification;

- Specific content of the clarification according to each request. ld) Send the clarification document to the requester. In cases where necessary, publicly announce the clarification document in accordance with the law.

- Article 14. Time Limit for Implementing Clarification

The time limit for implementing clarification shall not exceed fifteen days from the date of notification of acceptance of the request for clarification. In case of complex content, the time for clarification may be extended. The extension period for implementing clarification shall not exceed fifteen days, and must be notified in writing trto the requester.

Article 15. Suspension or Termination of Clarification at Request

The head of the state agency notifies in writing of the suspension tror termination of the clarification process in specific cases.Plan for handling assets after the expiration of the joint venture and association period Suspenddevelopment organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Plan for handling assets after the expiration of the joint venture and association period the clarification process when the individual requestingpoliciesclarification has died without a successor in the matter of the request for clarification; the agency or organization has been divided, merged, dissolved without a successor in the matter of the request for clarification.ầSubmitting supplementary documents aimed at clarifying, accurately, and fully explaining the reported contents.

The clarifier continues to carry out the clarification when the reason for the suspension no longer exists.

Terminate the implementation of clarification when the requester withdraws the request for clarification.ìArticle 16. Responsibilities of the Head of State Agency in Organizing the Implementation of Clarification Obligationsdevelopment as follows:

1. Specify the implementation of clarification obligations in Internal Regulations and Work Rules of the agency in accordance with its functions, tasks, and authorities.ìOrganize, direct, urge, and inspect officials and civil servants under their management to strictly implement regulations on clarification trobligations and handle violations of such regulations.

obligations.

2. ||

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 20. Responsibilities for Guidance and Organization of Implementation

1. The Government Inspector General shall coordinate with the Minister of Home Affairs to provide guidance on the implementation of this Decree.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government agencies;ìProvincial People's Committees and municipal people's committees directly under the central government, and related agencies are responsible for implementing this Decree./. trách nhiệm giải trình.

Article 17. Inspection and supervision of the implementation of accountability

1. The superior state administrative agency has the responsibility to inspect and supervise the implementation trof the accountability obligation trof the subordinate state administrative agency. trThe Government Inspectorate assists the Government in inspecting and supervising the implementation of accountability obligations of ministries, ministerial-level agencies, government-affiliated agencies, andìpeople's committees at central level.

2. Article 18. Handling violations in the implementation of regulations on accountability DECREES:Civil servants, heads of state administrative agencies who do not strictly comply with the regulations on implementing accountability as stipulated in this Decree shall be subject to handling according to the provisions of the laws on civil servants and public officials depending on the nature and severity of the violation.âThis Decree takes effect from September 30, 2013.无效5. Organize professional and vocational activities, provide public service activities in the field of libraries in accordance with the law; trArticle 20. Responsibilities for guidance and organization of implementation

The General Inspector of the Government shall coordinate with the Minister of Home Affairs to provide guidance on the implementation of this Decree.ìealth

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies;

Article 19. Effective Date

People's Committees of provinces and centrally governed cities and related agencies are responsible for implementing this Decree./.

Điều 20. Trách nhiệm hướng dẫn và tổ chức thực hiện

1. Tổng Thanh tra Chính phủ phối hợp với Bộ trưởng Bộ Nội vụ hướng dẫn thi hành Nghị định này.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Thủ trưởng cơ quan thuộc Chính phủ; The ban nhân dân các tỉnh, thành phố trực thuộc Trung ương và các cơ quan có liên quan chịu trách nhiệm thi hành Nghị định này./.