Bản dịch văn bản 48/2007/NĐ-CP
Decree 48/2007/NĐ-CP
Cơ quan ban hành: Chính phủ
Ngày ban hành: 2007-03-28

DECREE Detailing and guiding the implementation of a number of articles of the anti-corruption Law, regarding the role and responsibility of the society in corruption prevention and fighting THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 29, 2005 Anti-Corruption Law; At the proposal of the Inspector General, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope and subjects of regulation This Decree details and guides the implementation of a number of articles of the Anti-Corruption Law, regarding the responsibilities of state agencies in coordinating with Vietnam Fatherland Front Committees at all levels and member organizations of the Front in corruption prevention and fighting; the roles and responsibilities of the press, enterprises, associations of enterprises, professional associations; and responsibilities of the people's inspection boards and citizens in corruption prevention and fighting. Article 2.- Roles and responsibilities of the press, enterprises, associations of enterprises, professional associations, and responsibilities of the people's inspection boards and citizens in corruption prevention and fighting. 1. Press agencies and journalists have the responsibilities to report on, and guide social opinions in, the struggle to prevent and fight corruption; to cooperate with competent agencies, organizations and individuals in corruption prevention and fighting; to condemn and struggle against corrupt persons; to participate in propagating and disseminating the law on corruption prevention and fighting; and have the right to request competent agencies, organizations and individuals to supply information and documents related to corrupt acts. 2. Enterprises, associations of enterprises and professional associations have the responsibilities to organize, mobilize and encourage their members to build up a non-corrupt and healthy business culture; to actively participate in corruption prevention and fighting; to formulate and implement the internal control mechanism to prevent and detect corruption; to notify corrupt acts to and coordinate with competent agencies, organizations and individuals in verifying and concluding on corrupt acts; and to propose the State to perfect the management mechanism and policies in order to prevent and fight corruption. 3. The people's inspection boards have the responsibilities to oversee the application of anti-corruption measures in communes, wards, district towns, state agencies, non-business units, state enterprises. 4. Citizens shall participate in corruption prevention and fighting by themselves or through the people's inspection boards or their respective organizations. Article 3.- State agencies' coordination responsibility State agencies shall, within the ambit of their respective tasks and powers, coordinate with, and direct agencies, organizations and units under their respective management to coordinate with Vietnam Fatherland Front Committees at different levels and the Front's member organizations, create conditions for press agencies, enterprises, associations of enterprises, professional associations, people's inspection boards and citizens in corruption prevention and fighting. Chapter II STATE AGENCIES’ RESPONSIBILITIES IN COORDINATION WITH VIETNAM FATHERLAND FRONT COMMITTEES AND THE FRONT'S MEMBER ORGANIZATIONS IN CORRUPTION PREVENTION AND FIGHTING Article 4.- Coordination in propagating and mobilizing people to implement the law on corruption prevention and fighting 1. State agencies shall, within the ambit of their respective functions, tasks and powers, coordinate with Vietnam Fatherland Front Committees at different levels and the Front's member organizations of the same level in formulating programs and plans to propagate, disseminate and educate the law on corruption prevention and fighting to their members and people. 2. State agencies shall create conditions for Vietnam Fatherland Front Committees and the Front's member organizations of the same level to organize the propagation, dissemination and education of the law on corruption prevention and fighting to people; and mobilize their members and people to implement the law on corruption prevention and fighting. State agencies that assume the prime responsibility for the propagation, dissemination and education of the law on corruption prevention and fighting, may request Vietnam Fatherland Front Committees and the Front's relevant member organizations of the same level to participate in the coordination. 3. People's Councils and People's Committees of communes, wards or district towns shall coordinate with the Vietnam Fatherland Front Committees of the same level in directing village chiefs, population group leaders and the Front-related working group leaders to propagate the law on corruption prevention and fighting to people in their respective localities. Article 5.- Coordination in overseeing the implementation of the law on corruption prevention and fighting 1. When performing the tasks of overseeing, inspecting and examining the implementation of the law on corruption prevention and fighting in localities, local administrations and state agencies shall, within the ambit of their respective functions, tasks and powers, study, consider and accept proposals of Vietnam Fatherland Front Committees and the Front's member organizations of the same level, of people's inspection boards and people's opinions reflected through Vietnam Fatherland Front Committees. 2. People's Councils at different levels, when performing the task of overseeing the implementation of the law on corruption prevention and fighting, shall invite representatives of the Standing Boards of the Vietnam Fatherland Front Committees of the same level to participate in formulating the People's Councils' oversight plans and to participate in overseeing the implementation of the law on corruption prevention and fighting. 3. Competent state agencies shall coordinate with, and create conditions for, Vietnam Fatherland Front Committees and the Front's member organizations of the same level, in overseeing the implementation of the law on corruption prevention and fighting. 4. Heads of state agencies have the responsibilities: a/ To supply information on matters related to activities of overseeing the implementation of the law on corruption prevention and fighting of Vietnam Fatherland Front Committees and the Front's member organizations; b/ To appoint representatives to participate in overseeing activities of Vietnam Fatherland Front Committees and the Front's member organizations when so requested; c/ To consider, handle and respond to requests of Vietnam Fatherland Front Committees and the Front's member organizations for the application of anti-corruption measures, the verification of corrupt cases and the handling of corrupt persons; d/ To consider and handle proposals of Vietnam Fatherland Front Committees and the Front's member organizations on commendation and reward of good people and good deeds in corruption prevention and fighting; e/ To consider and handle proposals of Vietnam Fatherland Front Committees and member the Front's organizations on amendment, supplementation, suspension or cancellation of inappropriate legal documents which give rise to corruption. Article 6.- Coordination in supply of information, application of anti-corruption measures, verification and handling of corrupt persons, corruption cases 1. Competent state agencies shall, within the ambit of their respective functions, tasks and powers, supply information on their anti-corruption activities to Vietnam Fatherland Front Committees and the Front's member organizations when so requested by the latter. The information supply requests of Vietnam Fatherland Front Committees and the Front's member organizations on corruption cases, the responsibilities of competent agencies, organizations and individuals to supply information are defined in Article 31 of the Anti-Corruption Law and the Government's Decree No. 120/2006/ ND-CP of October 20, 2006, detailing and guiding the implementation of a number of articles of the Anti-Corruption Law, and other provisions of law. 2. Upon receiving the requests of Vietnam Fatherland Front Committees and the Front's member organizations for the application of anti-corruption measures, the verification of corruption cases, the handling of corrupt persons, competent state agencies shall, within fifteen days after the receipt of such requests, consider and reply the Vietnam Fatherland Front Committees and the Front's member organizations on their consideration and handling. If the cases are complicated, such time limit may be prolonged but must not exceed thirty days. 3. Upon receiving denunciations about corruption cases, which are transferred by Vietnam Fatherland Front Committees and the Front's member organizations, competent state agencies shall consider and handle them under the provisions of the Law on Complaints and Denunciations and other relevant provisions of law. Within seven days after the cases are settled, the competent state agencies shall notify the results in writing to the organizations which have transferred the cases. 4. In the course of verifying and handling corruption cases and corrupt persons, competent state agencies may request Vietnam Fatherland Front Committees and the Front's member organizations to supply information and documents related to corruption cases and corrupt persons for use as bases for consideration and handling. The time limit for Vietnam Fatherland Front Committees and the Front's member organizations to supply information is fifteen days after the receipt of requests of such competent state agencies. When necessary, state agencies may request Vietnam Fatherland Front Committees and member organizations to nominate their representatives to participate in verifying and handling corruption cases. Article 7.- Coordination in elaboration of legal documents on corruption prevention and fighting 1. Participation of People's Councils and People's Committees in elaboration of legal documents on corruption prevention and fighting: a/ Offices of People's Councils and People's Committees, judicial bodies of People's Committees of the same level shall collect opinions of Vietnam Fatherland Front Committees and the Front's member organizations of the same level on the projected programs on formulation of resolutions of People's Councils, decisions and directives of People's Committees for submission to competent agencies; b/ For draft resolutions, decisions and directives related to the rights and obligations of Vietnam Fatherland Front Committees and the Front's member organizations in corruption prevention and fighting, the agencies assuming the drafting responsibility shall send the drafts to Vietnam Fatherland Front Committees and the Front's relevant member organizations of the same level for comments. 2. Competent state agencies shall coordinate with the Standing Board of the Presidium of the Vietnam Fatherland Front Central Committee, the central bodies of socio-political organizations being member organizations of the Front in promulgating joint circulars guiding the materialization of matters prescribed by law as the responsibilities of the Vietnam Fatherland Front and local socio-political organizations to participate in corruption prevention and fighting. Article 8.- Coordination in corruption prevention and fighting through consultations for election of National Assembly deputies, People's Council deputies, selection of judges or procurators, recommendation of people's court jurors Upon receiving the requests of Vietnam Fatherland Front Committees and the Front's member organizations for verification of signs of corruption committed by persons selected or recommended to be National Assembly deputies or People's Council deputies, selected to be judges, procurators or people's jurors, competent state agencies shall, within fifteen days after the receipt of such requests, consider and reply. If the cases are complicated, the time limit may be prolonged but must not exceed thirty days. Article 9.- Formulation of contents of coordination of anti-corruption activities 1. State agencies and Vietnam Fatherland Front Committees of the same level shall formulate contents of coordination of anti-corruption activities. The coordination contents are provided in the regulations on coordination of activities between state agencies and Vietnam Fatherland Front Committees. 2. Contents of coordination of anti-corruption activities shall be based on the requirements of anti-corruption activities and practical local conditions. The coordination contents cover the following principal activities: a/ Propagating and mobilizing people to apply anti-corruption measures; b/ Overseeing the implementation of the anti-corruption law; c/ Coordinating in the supply of information, detection, verification and handling of corruption cases; d/ Measures for organization of implementation; e/ Coordinating responsibility of each agency and organization. Chapter III ROLE AND RESPONSIBILITIES OF THE PRESS IN CORRUPTION PREVENTION AND FIGHTING Article 10.- Propagating and mobilizing people to participate in corruption prevention and fighting Press agencies and journalists, through their professional activities, have the responsibilities: 1. To propagate the Party's undertakings and policies and the State's law on corruption prevention and fighting; to propagate anti-corruption activities of agencies and organizations. 2. To report on and guide social opinions, and mobilize people to actively participate in the struggle against corruption. 3. To praise the spirit and positive deeds of collectives and individuals in corruption prevention and fighting; to protect denouncers of corrupt acts. 4. To condemn and struggle against corrupt persons. Article 11.- Collection and supply of information on corruption signs 1. Upon receiving petitions, reports, news and articles of citizens on cases showing signs of corruption or detecting through their professional activities signs of corruption, press agencies and journalists have the rights: a/ To collect information and documents according to the provisions of law for clarifying cases showing signs of corruption; b/ To request competent agencies, organizations and individuals to supply information and documents related to cases which show signs of corruption according to law. 2. Upon receiving requests of press agencies, journalists provided for at Point b, Clause 1 of this Article, competent agencies, organizations or individuals shall supply information and documents to the press agencies and journalists, helping them to report accurately and promptly thereon. The press agencies' and journalists' requests for supply of information on corruption cases and the responsibilities of competent agencies, organizations and individuals to supply information are defined in Article 31 of the Anti-Corruption Law and the Government's Decree No. 120/2006/ND-CP of October 20, 2006, detailing and guiding the implementation of a number of articles of the Anti-Corruption Law, and other provisions of law. Article 12.- Reporting on corruption prevention and fighting by press agencies and journalists 1. Press agencies and journalists may carry reports on corruption cases and anti-corruption activities. When carrying reports on corruption cases and corrupt persons, press agencies and journalists shall carry reports honestly and objectively and bear responsibility before law for their reports. Press agencies that detect or receive citizens' denunciations about cases showing signs of corruption shall immediately report thereon in writing to investigative bodies or people's procuracies. The investigative bodies or people's procuracies shall process the cases and reply the press on the handling thereof. Press agencies may carry reports on cases with signs of corruption from information and documents they have obtained and bear responsibility before law for the accuracy and truthfulness of information reported on the press. If having grounds to believe that citizens' petitions, reports, news reports and articles, denunciations about corruption cases are groundless, press agencies shall notify such citizens of the non-publication of such reports and clearly state the reasons therefor. 2. Editors-in-chief and journalists bear responsibility for carrying reports and observing the law on press and professional ethics in journalistic activities. 3. Press agencies and journalists may not carry reports on cases without clear grounds; not carry report untruthfully, causing harms to national interests, interests of organizations or individuals, affecting the prestige, honor and dignity of citizens; may not disclose state secrets, military, security, economic and diplomatic secrets and other information as provided for by law. 4. Press agencies and journalists have the right and obligation to refuse to disclose full names, addresses and handwritings of persons who denounce or supply information on corruption cases, on corrupt persons if harms are caused to such persons, except where requested by chairmen of the People's Procuracies or presidents of the People's Courts of the provincial or higher level in order to serve the investigation, prosecution and adjudication. 5. When publishing reports on cases with signs of corruption on the press, the press agencies and journalists carrying untruthful reports shall make corrections and apologies according to legal provisions on the press. If abusing the right to report information on the press to make distortions or slanders, they shall be handled according to law, depending on the nature and seriousness of their violations; if causing damage, they shall pay compensations therefor according to law. Article 13.- Responsibilities of the Journalists' Association Within the scope of its tasks and powers, the Journalists' Association at all levels have the responsibilities: 1. To propagate and mobilize press agencies and journalists being its members to participate in corruption prevention and fighting; 2. To propose competent state agencies to amend, supply or promulgate legal provisions in order to perfect the management mechanism and policies with a view to preventing and fighting corruption. 3. To protect the legitimate rights and interests of press agencies, journalists being its members against revenge, intimidation or retaliations when they carry reports on corruption prevention and fighting. 4. To coordinate with the Ministry of Culture and Information in formulating the regulations on journalists' professional ethics and operation rules. Article 14.- Press agencies' and journalists' right to request protection upon carrying reports on corruption cases 1. In the course of carrying out their activities, journalists may, when having grounds to believe that their reports on corruption cases may cause harms to their lives, health, honor or dignity, request press agencies and competent state agencies to apply necessary measures to protect them. 2. Upon receiving journalists' requests for protection, press agencies shall apply necessary measures according to their competence or request competent state agencies to apply necessary measures to protect such journalists. Competent state agencies shall promptly apply necessary measures to protect the press agencies and journalists. Chapter IV ROLES AND RESPONSIBILITIES OF ENTERPRISES, ASSOCIATIONS OF ENTERPRISES, PROFESSIONAL ASSOCIATIONS IN CORRUPTION PREVENTION AND FIGHTING Article 15.- Propagating and mobilizing cadres and laborers to implement the provisions of law on corruption prevention and fighting 1. Under their respective conditions, enterprises have the responsibilities: a/ To propagate the law on corruption prevention and fighting to their cadres and laborers; to mobilize cadres and laborers to implement the provisions of the Anti-Corruption Law; b/ To diversify forms of mobilizing and educating their cadres and laborers to observe the codes of conduct in activities of enterprises in order to ward off corruption. 2. Associations of enterprises and professional associations have the responsibilities: a/ To organize propagation for the anti-corruption law to their respective members; to mobilize their members to observe the provisions of the Anti-Corruption Law; b/ To diversify forms of mobilizing and encouraging their members to build up a non-corrupt and healthy business culture; to formulate, promulgate and organize the implementation of codes of conduct of cadres and laborers in enterprises in order to ward off corruption. Article 16.- Application of anti-corruption measures 1. Enterprises shall apply anti-corruption measures by conducting fair competition in their production and business activities; fulfilling their obligations towards the State and their laborers; observing the statistical regimes according to law; exercising democracy, publicity and transparency in their activities; formulating and implementing the regulations on internal control in order to prevent and fight corruption; encouraging the detection, denunciations of corrupt acts. It is strictly forbidden to offer bribes in any form to competent agencies, organizations and individuals. 2. Enterprises shall promulgate and organize the implementation of regulations on internal control within enterprises with a view to warding off corruption, promptly detect and handle according to their competence corrupt acts in the enterprises or propose competent agencies, organizations or individuals to handle them. Article 17.- Notifying competent agencies, organizations and individuals of corrupt acts Upon detecting corrupt acts, enterprises, associations of enterprises and professional associations shall notify competent agencies, organization or individuals of such corrupt acts. Competent agencies, organizations or individuals shall examine and handle them according to law and notify the handling results to those enterprises, associations of enterprises or professional associations. Article 18.- Responsibilities to supply information and coordinate with competent agencies, organizations and individuals in handling cases which show signs of corruption 1. Upon receiving requests of competent agencies, organizations or individuals, enterprises, associations of enterprises or professional associations shall supply information on cases with signs of corruption which they have obtained, and concurrently apply necessary measures within the scope of their respective powers and responsibilities to coordinate with competent agencies, organizations or individuals in verifying and clarifying corruption cases, corrupt persons. 2. Competent state agencies shall keep secret the information for enterprises and apply measures according to their competence for enterprise to engage in fair competition, contributing to corruption prevention and fighting. Article 19.- Proposing the perfection of mechanisms, policies and law in order to prevent and fight corruption Enterprises, associations of enterprises and professional associations may propose competent state agencies to amend, supplement or cancel inappropriate legal documents which give rise to corruption, contributing to perfecting the mechanisms, policies and law and raising the effect of state management and the efficiency of the anti-corruption struggle. Article 20.- Responsibilities of the Vietnam Chamber of Commerce and Industry Within the scope of its tasks and powers, the Vietnam Chamber of Commerce and Industry has the responsibilities: 1. To coordinate with competent state agencies in propagating and encouraging enterprises, associations of enterprises and professional associations to participate in corruption prevention and fighting. 2. To coordinate with state agencies in organizing forums for exchange and supply of information for enterprises, associations of enterprises and professional associations in corruption prevention and fighting. 3. To propose competent state agencies to amend and supplement legal provisions to perfect the management mechanism and policies in order to prevent and fight corruption. 4. To protect the legitimate rights and interests of enterprises, associations of enterprises and professional associations in corruption prevention and fighting. Chapter V RESPONSIBILITIES OF PEOPLE'S INSPECTION BOARDS IN CORRUPTION PREVENTION AND FIGHTING Article 21.- Participation of people's inspection boards in corruption prevention and fighting 1. People's inspection boards shall, within the scope of their tasks and powers, oversee the implementation of the law on corruption prevention and fighting in communes, wards, townships, state agencies, non-business units and state enterprises. 2. When necessary, people's inspection boards are assigned by presidents of People's Committees of communes, wards or townships or heads of state agencies, non-business units or state enterprises to verify certain cases. 3. When necessary, state agencies may invite representatives of the people's inspection boards to participate in overseeing, inspecting or examining the implementation of the law on corruption prevention and fighting in communes, wards, townships, state agencies, non-business units or state enterprises. The people's inspection boards shall supply information and nominate people to participate therein when so requested. Article 22.- Oversight by people's inspection boards People's inspection boards shall oversee the implementation of the law on corruption prevention and fighting through: 1. Receiving reports of people, cadres or laborers on cases which show signs of corruption; directly collecting information and documents on the implementation of legal provisions on corruption prevention and fighting by responsible agencies, organizations or individuals in communes, wards, townships, state agencies, non-business units or state enterprises. 2. Detecting corrupt acts, corruption cases of agencies, organizations or individuals in communes, wards, townships, state agencies, non-business units or state enterprises. 3. Proposing directly or through the Standing Boards of the Vietnam Fatherland Front Committees of communes, wards, townships, heads of state agencies, non-business units or state enterprises, or competent agencies and organizations to examine and handle cases which show signs of corruption, corrupt acts and overseeing the handling thereof. Article 23.- Powers of people's inspection boards in overseeing the implementation of the law on corruption prevention and fighting 1. While overseeing the implementation of the law on corruption prevention and fighting, people's inspection boards may propose chairmen of People's Councils, presidents of People's Committees of communes, wards or district towns, heads of state agencies, non-business units or state enterprises to supply information and documents related to the oversight. 2. If detecting cases which show signs of corruption and corrupt persons, people's inspection boards shall propose chairmen of People's Councils, presidents of People's Committees of communes, wards or townships, heads of state agencies, non-business units or state enterprises or competent agencies, organizations and individuals to consider and handle them. 3. Within fifteen days after receiving the proposals, agencies, organizations or individuals shall examine and handle them and notify the handling results to the people's inspection boards. If the proposals are not considered and handled or are handled incompletely, the people's inspection boards may propose chairmen of People's Councils, presidents of People's Committees of rural districts, urban districts or towns or the immediate superiors of heads of state agencies, non-business units, state enterprises or competent agencies, organizations or individuals to consider and handle them. Chapter VI RESPONSIBILITIES OF CITIZENS IN CORRUPTION PREVENTION AND FIGHTING Article 24.- Citizens' responsibilities to participate in corruption prevention and fighting 1. To strictly abide by the law on corruption prevention and fighting; to condemn and struggle against corrupt persons; to report to the people's inspection boards or their respective organizations on corrupt acts or corruption cases so that those people's inspection boards or organizations propose competent state agencies to consider and settle according to law; to collaborate with competent agencies, organizations or individuals in verifying corruption cases when so requested. 2. To propose competent state agencies to amend, supplement and perfect the mechanisms, policies and law on corruption prevention and fighting; to contribute opinions to competent state agencies on the elaboration of legal documents on corruption prevention and fighting. Article 25.- Denouncing corrupt acts 1. When denouncing corrupt acts to competent agencies, organizations or individuals, citizens shall state their full names, addresses, denunciation contents and supply information and documents related to the denunciations which they have obtained to competent agencies, organizations or individuals. The denouncers shall be protected by competent state bodies when they are intimidated, revenged or retaliated for their denunciations of corrupt acts. 2. The denunciations and handling of denunciations of corrupt acts, the protection of secret and safety for corrupt act denouncers are defined in the Anti-Corruption Law, the Law on Complaints and Denunciations and the Government's Decree No. 120/2006/ND-CP of October 20, 2006, detailing and guiding the implementation of a number of articles of the Anti-Corruption Law. Article 26.- People's participation in corruption prevention and fighting through people's inspection boards or their organizations 1. People in communes, wards or townships, cadres, public servants and laborers in state agencies, non-business units or state enterprises, when detecting corrupt acts or corruption cases in their agencies, organizations or units, have the rights: a/ To report thereon to people's inspection boards in communes, wards or townships or in state agencies, non-business units, state enterprises where they reside or work; b/ To report thereon to their organizations. 2. Reports on corrupt acts or corruption cases by people, cadres, public servants or laborers must be objective and honest. 3. People's inspection boards shall receive reports of people, cadres, public servants or laborers on corrupt acts, examine them and propose presidents of People's Committees of communes, wards or townships, heads of state agencies, non-business units or of state enterprises or competent agencies, organizations or individuals to consider and handle them according to law and oversee the handling thereof. 4. Within the ambit of their respective tasks and powers, organizations of which citizens are members shall receive citizens' reports on corrupt acts or corruption cases for consideration and propose competent agencies, organizations or individuals to consider and handle them according to law. 5. Upon receiving notification on the results of handling of corruption cases by competent agencies, organizations or individuals, the people's inspection boards or organizations of which citizens are members shall notify the handling results to the citizens who have reported thereon. Chapter VII IMPLEMENTATION PROVISIONS Article 27.- Implementation effect This Decree takes effect fifteen days after its publication in "CONG BAO". Article 28.- Implementation responsibilities The Standing Board of the Vietnam Fatherland Front Central Committee is requested to guide, within the ambit of its functions and powers, the implementation of matters related to the responsibility to direct the organization and operation of people's inspection boards or to coordinate with functional bodies of the State in guiding the implementation of this Decree. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of People's Councils, presidents of provincial/municipal People's Committees, and relevant agencies, organizations and individuals shall implement this Decree.