DECREE No. 64/1998/ND-CP OF AUGUST 17, 1998 DETAILING AND GUIDING THE IMPLEMENTATION OF THE ORDINANCE AGAINST CORRUPTION
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance Against Corruption of March 9, 1998;
Under the direction of the Political Bureau's Standing Body (in Official Dispatch No. 1033-CV/VPTW of August 7, 1998 of the Office of the Party's Central Committee);
At the proposal of the State Inspector General,
DECREES:
Chapter I
PERSONS HOLDING POSITIONS AND POWERS, AND FORBIDDEN ACTS
Article 1.- Persons holding positions and powers defined in Article 2 of the Ordinance Against Corruption include:
1. Officials and public employees working in State agencies, political organizations, socio-political organizations, agencies and units of the People's Army and the People's Police as prescribed in the Ordinance on Public Employees;
2. Officers, non-commissioned officers, career military personnel, military workers in agencies and units of the People's Army; officers and career non-commissioned officers in the agencies and units of the People's Police;
3. Leading and managerial officials in the State enterprises, including: members of Managing Boards, general directors, deputy general directors, directors, deputy directors, chief accountants, members of Control Commissions, heads and deputy heads of professional bureaus and sections;
4. Commune, ward and district township officials, including: secretaries and deputy secretaries of the local Party Committees; chairmen and vice chairmen of the People's Councils; presidents and vice presidents of the People's Committees; the People's Committee members and persons holding professional posts;
5. Other persons who are assigned tasks and/or public duties and vested with powers for the performance of such tasks and/or public duties, including persons working under labor contracts in State agencies, political organizations, socio-political organizations, socio-professional organizations or persons authorized by such agencies and/or organizations to perform a task or public duty.
Article 2.- Taking advantage of one's position and power is an act committed by a position and power holder who uses his/her working position, working relations, his/her agency or organization's name or uses the working position or influence of another position and power holder to gain illegal benefits or act against law.
Illegal intervention is an act committed by a position and power holder who takes advantage of his/her position and power to directly or indirectly affect the operation of the competent agencies, organizations and/or individuals in consideration and settlement of interests for himself/herself or other persons.
Illegal benefits are material benefits gained through abusing one's position and power or taking advantage of the another person's influence.
Article 3.- The heads and deputy heads of agencies and/or organizations or the authorized persons are not allowed to use money from public funds to make presents or divide it to their officials and public employees and other persons at variance with the provisions of law.
The heads of State enterprises or non-business units shall have to strictly abide by the State's regulations on the setting up and use of funds.
Article 4.- While performing their assigned tasks or public duties, the persons holding positions and powers are not allowed to arbitrarily set procedures and requirements at variance with the regulations, delay the settlement of claims by individuals, agencies and/or organizations when all the prescribed conditions are available or met; and are not allowed to receive, personally or through other persons, money, property or other material benefits in order to or not to perform their respective tasks or public duties.
Article 5.-
1. The heads, deputy heads or persons directly managing public funds of agencies and/or organizations are not allowed to borrow or lend public fund money to other people at variance with the provisions of law.
2. Persons who are members of the Managing Boards, members of Control Commissions, general directors, deputy general directors, directors or deputy directors of credit institutions or banks, persons competent to assess and approve loans shall not be allowed to borrow money or guarantee other people's loans from credit institutions or banks where they are working.
3. Persons holding positions and powers are not allowed to take advantage of their positions and powers to borrow money from credit institutions and banks when the borrowing conditions and procedures prescribed by law are not fully met.
Article 6.- The heads and deputy heads of agencies and/or organizations, the persons directly managing property of agencies and/or organizations are not allowed to use public funds, houses, land and other property of their agencies and/or organizations to gain illegal personal benefits; if they have been using such property, they shall have to promptly return them to their agencies and/or organizations; if they cause damage to or loss of such property, they shall have to compensate therefor; any benefits gained through the use of such property must be remitted into public funds.
The persons holding positions and powers are not allowed to use the labor of people under their management to gain illegal benefits.
Article 7.- Persons holding positions and powers are not allowed to disclose to unauthorized people economic and other information which are not yet allowed to be publicized, but obtained by such persons through their working positions or other conditions.
Article 8.- Persons holding positions and powers are not allowed to deposit their money, precious metals or gems into foreign banks outside the Vietnamese territory; if such deposits have been made before the effective date of this Decree, they shall have to withdraw and transfer such money, precious metals and/or gems back to Vietnam. Persons who deposit their money, precious metals and/or gems during their working missions or study in foreign countries shall, at the end of their working term or study, have to withdraw and transfer such money, precious metals and/or gems to Vietnam.
Article 9.- Persons defined in Clauses 1, 2 and 3 of Article 1 of this Decree are not allowed to:
1. Set up or participate in the setting up of private enterprises, joint stock companies, limited liability companies, cooperatives, private hospitals, private schools and private scientific research institutions;
2. Hold the following positions: Managing Board members, general directors, deputy general directors, directors, deputy directors, chief accountants, Control Commission members, heads or deputy heads of professional bureaus and sections of joint stock companies, limited liability companies and/or private enterprises; managers or deputy managers of cooperatives; directors or deputy directors of private hospitals or private scientific research institutions; principals or vice principals of private schools, except for cases where they are appointed by the competent State agencies to such positions.
Article 10.- The spouse, parents, offsprings or siblings of the heads or deputy heads of agencies and/or organizations are not allowed to hold leading positions of the organization and personnel sections, accountancy and finance sections, work as cashiers or warehouse keepers of such agencies and/or organizations, buy or sell materials and commodities, organize biddings, conduct transactions or sign contracts for the agencies and/or organizations directly under the latter's charge. If there exist in such agencies and organizations store sections and/or fund sections, the above-said persons shall not be allowed to hold positions of heads or deputy heads of such sections. In cases where their spouse, parents, offsprings or siblings are currently holding the above-said positions, heads or deputy heads of agencies and/or organizations shall have to transfer them to other jobs.
Chapter II
PROPERTY DECLARATION
Section 1.- DECLARANTS AND PROPERTY TO BE DECLARED
Article 11.- The property declaration by persons holding positions and powers is aimed to help the competent agencies and/or organizations get information on the declarants' property, serve the management of officials and public employees, and contribute to the prevention and check of corruption acts.
The declaration is not aimed to trace the source of the declared property of the declarants.
Article 12.-
1. The following persons shall have to declare their property:
a) In urban and rural districts, provincial capitals and provincial towns: presidents and vice presidents of the People's Committees; chairmen and vice chairmen of the People's Councils; secretaries and deputy secretaries of the district or municipal Party Committees, and persons who hold equivalent positions in State agencies, political organizations and socio-political organizations.
b) In the provinces and cities directly under the Central Government: directors and deputy directors of provincial/municipal departments; presidents and vice presidents of the People's Committees; chairmen and vice chairmen of the People's Councils; secretaries and deputy secretaries of the provincial/municipal Party Committees and persons who hold equivalent positions in State agencies, political organizations and socio-political organizations.
c) In the agencies at the central level: department directors, deputy department directors and higher positions, and persons who hold equivalent positions in State agencies, political organizations and socio-political organizations.
d) General directors, deputy general directors, directors, deputy directors, chairmen, vice chairmen and members of Managing Boards and chief accountants of State enterprises; persons who are appointed by the State to the above-said positions in the enterprises with the State capital.
2. For each appropriate period of time, the Prime Minister shall specify other subjects liable to the property declaration.
Article 13.- Property that must be declared include:
1. Rented houses, inherited houses, donated houses, purchased houses, houses built on the declarants' own and/or houses of other kinds which are currently in the declarants' possession.
2. Land assigned for use, inherited land, transferred land or land of other kinds which are actually in the declarants' possession.
3. Other property valued at VND 50 million or more.
Section 2.- THE DECLARATION ORDER AND PROCEDURES AND THE MANAGEMENT OF DECLARATION FORMS
Article 14.- After this Decree takes effect, the persons liable to property declaration shall have to fully, accurately and truthfully declare their property of the kinds prescribed in Article 13 of this Decree and take responsibility before law for the contents of their declarations.
Article 15.- The declarants shall have to make declarations strictly according to the set form. Annually, if there is any change to their property, the declarants shall have to make additional declarations thereof.
The declarants under the management of any agencies or organizations shall have to submit their declarations thereto.
Article 16.- When receiving declaration forms, the receivers shall have to record their entries in the monitoring book and request the declarants to put their signatures to attest the submission and reception; if the receivers find that the declarations are not made according to the prescribed form, they shall request the declarants to make other declarations.
Article 17.- The declaration forms shall be managed under the regime of management of personnel records and shall be studied and referred to only in cases where declarants commit corruption acts.
When declarants are transferred to other agencies or organizations, their declaration forms must be handed over together with their personnel records to the competent agencies and/or organizations for management.
When a declarant retires or abandon his/her job, his/her declaration form shall still be kept together with his/her personnel records
Article 18.- The inspecting agencies, investigating agencies, procuracies and courts shall be entitled to study and refer to declaration forms to serve the examination and verification of corruption acts.
Article 19.- The study of and reference to the declaration forms shall only be effected with decisions or introductory papers of the competent agencies and/or organizations, clearly stating the full names and positions of persons sent to study and refer such declaration forms as well as the purpose(s) of the study and reference.
The study of and reference to the declaration forms shall be conducted at the agencies which manage such declaration forms. The persons who are assigned to study and refer shall have to strictly comply with provisions of law.
Article 20.- Persons who falsify or disclose the declaration contents, cause loss of or damage to the declaration forms or provide them to unauthorized persons for reference or use; those who take advantage of the declaration to sow internal discord or unlawfully use the declaration forms shall, depending on the nature and seriousness of the violations, be disciplined or examined for penal liability.
Chapter III
RECEPTION AND HANDLING OF CORRUPTION DENUNCIATIONS
Article 21.- Denunciations of corruption acts committed by persons of any agency(ies) or organization(s) shall be examined and handled by the head of such agency(ies) or organization(s).
Denunciations of corruption acts committed by the head(s) of any agency(ies) or organization(s) shall be examined and handled by the head(s) of the immediate higher-level agency(ies) or organization(s).
Article 22.- Within 7 days from the date of receiving denunciations of corruption acts, if such denunciations fall under their handling competence, the heads of the denunciation receiving agencies or organizations shall have to accept them for settlement; cases falling beyond their handling competence must be referred to the competent agencies or organizations for settlement. In cases of urgency, they shall have to inform the functional agencies to apply measures to promptly prevent acts of violation, recover the appropriated property, and at the same time apply necessary measures to ensure the safety of the denouncers.
Article 23.- The competent agencies and/or organizations shall have to examine, verify and make conclusion on the denunciation contents; determine the liability of collectives or individuals that have committed corruption acts; and apply or propose the application of handling measures against corrupt persons.
Article 24.- For corruption denunciations without clearly stating full names and addresses of the denouncers, but with clear contents and concrete evidences, yielding enough grounds for the examination and verification, the heads of competent agencies and/or organizations shall decide the examination and handling.
Article 25.- In the course of examination and verification of corruption denunciations, the competent agencies, organizations and/or persons shall be entitled to apply the following measures:
1. Requesting the denouncers to provide evidences and/or documents related to the denunciation contents;
2. Requesting the denouncees to explain in writing the denunciation contents;
3. Requesting the concerned individuals, agencies and/or organizations to provide information and/or documents related to the denunciation contents;
4. Requesting the expertise or applying other measures as prescribed by law.
Article 26.- In the course of receiving and handling denunciations of corruption acts, if finding signs of criminality in such cases, the heads of agencies and/or organizations shall have to report the cases or transfer the dossiers to the investigating agencies as prescribed by law.
Within 20 days from the date of receiving the reports on or dossiers of corruption cases, the investigating agencies shall have to reply in writing to the agencies and/or organizations that have reported the cases or transferred dossiers.
Article 27.- The heads of the agencies and/or organizations and persons assigned to receive, verify and handle corruption denunciations shall have to keep secret the names and addresses of the denouncers and other information detrimental to the denouncers.
Those who disclose the surnames and/or given names of the denouncers or provide the written denunciations, the copies thereof or the recording of verbal denunciations to the agencies, organizations or individuals against which/whom such denunciations are made shall be dealt with as prescribed by law.
Chapter IV
HANDLING MEASURES AGAINST PERSONS WHO COMMIT CORRUPTION ACTS
Article 28.- Upon detecting corruption acts or receiving requests from the inspecting or investigating agencies and/or procuracies, the heads of agencies and/or organizations shall, within their respective functions, tasks and powers, have to apply measures to recover the appropriated property and other measures to check the violation acts and limit the damage caused by corruption acts. If corruption acts fall in the cases specified in Article 21 of the Ordinance Against Corruption, the heads of the agencies and/or organizations shall have to transfer dossiers to the investigating agencies for handling as prescribed by law.
Article 29.- Persons who commit corruption acts but not seriously enough to be examined for penal liability shall be disciplined as prescribed by the Ordinance Against Corruption, the Ordinance on Public Employees and this Decree.
The decision on the disciplinary forms against corrupt persons shall be based on the nature of the violation acts, the value of the corruption property, the extent of damage and the existence of extenuating and/or aggravating circumstances as specified in Article 23 of the Ordinance Against Corruption.
It is prohibited to apply forms of transfer to other jobs, release from work or retirement as substitutes for the application of disciplinary forms against corrupt persons.
Article 30.- Corrupt persons who are sentenced to imprisonment by court shall be sacked as from the date the court's sentences and/or decisions come into force.
Article 31.- In the course of examining and verifying corruption acts, the heads of the competent agencies and/or organizations shall issue decisions to temporarily suspend the work of the persons who commit acts of obstructing the examination and verification or prejudicing against the denouncers.
The time limit for temporary work suspension shall not exceed 90 days, and may be extended in special cases; the extension shall not exceed 45 days.
When deeming it no longer necessary to apply the measure of temporary work suspension, the persons who have issued the decisions on temporary work suspension shall issue decisions to annul such decisions.
Article 32.- Within 30 days from the date the conclusions on the cases are made or the competent bodies' requests for the application of disciplinary forms, the heads of the agencies and/or organizations shall have to refer the cases to the Discipline Council for consideration and dealing with persons committing corruption acts.
Chapter V
IMPLEMENTATION ORGANIZATION
Article 33.- The heads of the agencies and/or organizations shall, within their respective tasks and powers, have to:
1. Propagate, disseminate and organize the implementation of property declaration and other stipulations of the legislation against corruption;
2. Revise and annul according to their competence or request other agencies and/or organizations to annul regulations that cause difficulties or troubles to individuals, agencies and/or organizations;
3. Publicize the financial revenues and expenditures, the mobilization and use of the people's capital contributions and the administrative procedures as prescribed by law;
4. Intensify the supervision and inspection of the observance of provisions of the anti-corruption legislation; commend and reward in time collectives and individuals with achievements, and severely deal with persons committing violations.
Article 34.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to guide and inspect the agencies and organizations under the respective management in observing the legislation against corruption, and periodically or extraordinarily report to the Prime Minister and the State Inspector General.
Article 35.- The State Inspector General shall coordinate with the Minister of Public Security, the Minister of Defense and the heads of concerned agencies in assisting the Prime Minister to guide, inspect and monitor all levels and branches in preventing, detecting and handling corruption acts; sum up the situation and report to the Prime Minister on the work of preventing and combating corruption throughout the country.
Article 36.- The Director of the Institute of Emulation and Commendation and the Minister of Finance shall propose to the Prime Minister for promulgation the regime of commendation and rewards for collectives and individuals with achievements in detecting, preventing and handling corruption.
Article 37.- This Decree takes effect 15 days after its promulgation.
Article 38.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees at all levels and the heads of the concerned agencies and organizations shall have to implement this Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI