Quyết định 445/QĐ-TTg của Thủ tướng Chính phủ về việc phê duyệt Kế hoạch thực hiện Công ước của Liên hợp quốc về chống tham nhũng

DECISION

APPROVING THE PLAN FOR IMPLEMENTING THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Law on Conclusion of. Accession to, and Implementation of Treaties;

Pursuant to Decision No. 950/2009/QD-CTN of June 30, 2009, of the President of the Socialist Republic of Vietnam, ratifying the United Nations Convention Against Corruption;

Pursuant to the Government's Resolution No. 21/NQ-CP of May 12, 2009, promulgating the national anti-corruption strategy up to 2020;

At the proposal of the Inspector General,

DECIDES:

Article 1. To approve the Plan for implementing the United Nations Convention Against Corruption with the following contents:

I. PURPOSES AND REQUIREMENTS

1. Purposes: To identify the contents of and roadmap for translating the Convention's provisions into national laws to contribute to improving institutions, raising effectiveness and promoting international cooperation in

corruption prevention and fighting; to define the responsibilities of different levels and branches for implementing anti-corruption solutions; and to effectively implement the Convention's provisions in compliance with Vietnam's constitution and laws and in suitability with its socio-economic conditions.

2. Requirements: The Plan shall be implemented proactively, promptly and comprehensively, with a specific roadmap and in line with the strategy for building and improving Vietnam's legal system up to 2010 with orientations toward 2020, the judicial reform strategy up to 2020. the National Assembly's law-and ordinance-making programs, and the national anti-corruption strategy up to 2020.

II. CONTENTS OF THE CONVENTION IMPLEMENTATION

1. Propagating and popularizing the law against corruption and the Convention's contents

- The propagation, popularization, and guidance on the implementation, of the law against corruption and the Convention must be conducted regularly and continuously in association with the propagation of the contents and implementation results of the national anti-corruption strategy up to 2020.

- To formulate a scheme on propagation and popularization among cadres, civil servants, public employees and people of the law against corruption and the Convention's fundamental contents. Such scheme must clearly indicate the objectives, contents and forms of propagation and popularization and define the responsibilities of agencies and organizations involved in the propagation.

2. Promulgation of national laws to meet the Convention's requirements

Vietnam's laws are basically consistent with the Convention's contents but remain unspecific and incomplete. Under the national anti-corruption strategy up to 2020, the Government planned to amend, supplement or promulgate relevant laws, decrees, circulars and decisions. However, to fully meet the Convention's requirements, the legal system need to be further improved through:

a/ Preventive measures

- To study, propose and improve regulations on the organization and operation of specialized anti-corruption bodies and promote the independence of anti-corruption bodies for effectively performing the anti-corruption functions and ensuring coordination in this work;

- To increase publicity and transparency in state agencies' public administrative management, function performance and decision-making process relating to citizens' rights and obligations; to simplify administrative procedures; to periodically notify and report on the corruption situation and anti-corruption results in state administrations;

To improve mechanisms and regulations on publicity, transparency, examination and oversight of public procurement to ensure transparency, competition and objectivity in the appraisal and decision-making stages for effectively preventing corruption.

- To improve regulations on the mechanisms for financial and credit institutions and banks to satisfy appropriate oversight, examination and investigation requirements and implement regulations on bank secrecy; to intensify activities to collect financial information, control doubtful financial transactions and fight money laundering;

- To improve regulations on recruitment, employment, promotion, adequate remuneration and equitable pay scales and pensions as well as management, training and education of cadres, civil servants and public employees; to create conditions, furnish physical foundations and implement training programs for cadres and civil servants in specialized anti-corruption bodies and units; to stipulate the commendation of people having recorded anti-corruption achievements and those reporting on acts of corruption; to improve the codes of conduct and professional ethics for cadres, civil servants and public employees in domains and trades;

- To improve Vietnamese audit standards to conform to international practices and Vietnam's economic conditions; to publicize accounting books, documents and financial statements, and control and prevent acts of forgery; to improve regulations on transparency of assets and incomes of cadres and civil servants;

- To study and formulate a system of criteria for evaluating the corruption situation and anti-corruption effectiveness: to publicize the results of evaluating the corruption situation and implemen­ting the law against corruption in Vietnam.

b/ Addition of corruption crimes and law enforcement

- To study and propose criminal handling measures for acts of giving and receiving money or other material benefits to/from foreign public officials or officials of public international organizations for self-seeking purposes and some acts of corruption specified in the Law Against Corruption;

- To study and propose application conditions: To add crimes of offering and taking bribes and embezzling assets in the private sector as acts of corruption; to additionally define legal persons as a subject of acts of corruption or illicit enrichment of public officials if there is a significant increase in the assets of a public official that he/she cannot reasonably explain in relation to his/her lawful income:

- To study and propose the concretization and improvement of regulations on the protection of witnesses, experts and victims supplying testimonies or information for corruption denunciation; regulations on international cooperation in the protection of witnesses.

c/ International cooperation in corruption prevention and fighting

- To review relevant legal instruments on mutual judicial assistance and corruption prevention and fighting; to supplement regulations on extradition, mutual judicial assistance in criminal and civil procedures, transfer of sentenced persons, judgment enforcement, and transfer of criminal cases; to cooperate in law enforcement and corruption investigation. To study the negotiation and conclusion of more bilateral and multilateral agreements on mutual judicial assistance in corruption prevention and fighting with the States Parties to the Convention;

- To study and propose potential investigation cooperation: To elaborate regulations and identify contents of cooperation agreements to be concluded with foreign countries to ensure coordinated or proactive and independent investigation and notify results thereof; to further study and propose Vietnam's capacity and conditions for coordinated investigation;

- To study and apply special investigative techniques: To study special investigative methods of foreign countries; to stipulate the management of application of special investigation according to strict procedures to necessary cases:

- To formulate a mechanism for the Convention implementation and attend the Conference of the States Parties to the Convention under international and regional programs for exchanging experience and information, training officials, providing technical assistance and improving institutions on corruption prevention and fighting.

d/ Recovery of assets obtained through corrupt activities

- To study and propose the addition of the enforcement of civil matters in foreign courts* criminal judgments; to seek international cooperation in recovery of assets obtained through corrupt activities;

- To amend and supplement regulations on asset and income transparency; to study the addition of measures for closely overseeing the declaration and transparency of assets and incomes of those obliged to declare their assets and incomes;

- To study and propose the supplementation of regulations on the control of incomes of cadres and civil servants with positions and powers; to study and propose the elaboration of regulations on examination and oversight of accounts of family members or colleagues of individuals who are holding or have held key positions in the state apparatus.

e/ Technical assistance and information exchange

- To increase equipment and improve professional operations and techniques of investigating corruption crimes; to cooperate in exchanging experience and seeking assistance of foreign countries; to study and renew training programs for officials engaged in anti-corruption work;

- To study and formulate a mechanism for exchanging with other countries information, documents and data to be analyzed for corruption prevention and fighting; to cooperate with foreign experts for sharing experience, and formulate a system of criteria for evaluating the corruption situation and anti-corruption results: to publicize corruption evaluation and anti-corruption results;

- To conduct reviews of 5 years' or 10 years" implementation of the Law Against Corruption, thereby proposing amendments and supplements to this Law and other relevant legal documents;

- To investigate and collect information and conduct evaluation in some domains vulnerable to corruption, thereby proposing anti-corruption measures, such as unofficial expenses of enterprises and households in transactions with state agencies.

III. RO ADM APS FOR THE CONVENTION IMPLEMENTATION

Vietnam's laws against corruption have basically satisfied the Convention's requirements. However, regulations on corruption prevention and fighting should be further studied, supplemented, amended and guided to suit the Convention and Vietnam's practical conditions. The roadmap for the Convention implementation is divided into three phases with the following specific objectives and activities:

1. Phase I (from now to 2011)

This phase's objectives are to implement, and assign tasks to implement, the Convention's contents in a comprehensive and wide manner; to supplement and improve regulations on corruption prevention and fighting to make them consistent with the Convention in combination with the plan on implementing the anti-corruption strategy. Specific activities include:

- Studying and reviewing regulations on corruption prevention and fighting to guide, supplement or amend them to be consistent with the Convention and suit practical requirements. To assign organizations and agencies to implement, and monitor the implementation of. such regulations;

- Organizing the implementation of promulgated solutions and regulations on corruption prevention and fighting; to examine and preliminarily review their implementation;

- Studying the establishment of the focal point in coordinating and expanding cooperation with the States Parties to the Convention for exchanging information and experience on the organization, measures, facilities and effective use of equipment in corruption prevention and fighting.

2. Phase II (from 2011 to 2016)

This phase's objectives are to evaluate the initial results of each solution to implementing the Convention and supplement and improve regulations on corruption prevention and fighting. Specific activities include:

Evaluating the implementation of the Plan's phase I in combination with reviewing 10 years" implementation of the Law Against Corruption in order to improve and supplement solutions, measures and forms of organization and operation of specialized anti-corruption bodies to suit practical development requirements. Studying and-corruption experience of foreign countries and selecting application steps suitable to Vietnam's conditions.

3. Phase III (from 2016 to 2020)

This phase's objectives are to comprehen­sively evaluate the implementation of the Convention's contents, supplement mechanisms, consolidate the organization and improve the quality and effectiveness of anti-corruption work. Specific activities include:

Adding new solutions suitable to Vietnam's development situation and requirements, based on the review of 10 years' implementation of the Law Against Corruption in combination with experience learned from foreign countries which have effectively prevented and fought corruption.

IV. ORGANIZATION OF IMPLEMENTATION

1. Within the ambit of their responsibilities defined by law and based on this Plan, concerned ministries, branches, agencies and organizations shall proactively add the Convention implementation tasks to their work programs and plans in association with the national anti-corruption strategy up to 2020. The Government and the Central Anti-Corruption Steering Committee shall direct concerned ministries, branches, agencies and organizations, within the ambit of their functions and tasks, to implement the contents specified in the Table of specific activities for the Convention implementation.

2. The Ministry of Justice shall assume the prime responsibility for. and coordinate with concerned ministries and branches in, reviewing laws, resolutions and ordinances and submitting them to the National Assembly or the National Assembly Standing Committee for supplemen­tation, amendment or promulgation to make them consistent with the Convention's provisions signed or ratified by Vietnam. Ministries, branches and agencies assigned to amend, supplement or promulgate legal documents under the Plan for implementing the national anti-corruption strategy up to 2020 shall take into account the promulgation of domestic regulations for the Convention implementation. The Supreme Peoples Procuracy shall supplement the draft Law Amending the Criminal Procedures Code to meet the Convention implementation requirements.

3. The Ministry of Home Affairs shall assume the prime responsibility for. and coordinate with concerned ministries and branches in. improving policies on treatment and management of cadres, civil servants and public employees; building and consolidating the organization of specialized anti-corruption bodies and units and working out training programs for full-time anti-corruption officials: and commending those with anti-corruption achievements.

4. Vietnamese specialized anti-corruption ministries, branches and bodies shall cooperate with the States Parties to the Convention in exchanging experience and information, training officials, providing technical assistance and improving institutions on corruption prevention and fighting; and intensify the conclusion of bilateral and multilateral agreements on mutual judicial assistance between Vietnam and the States Parties to the Convention.

5. The Government Inspectorate shall assume the prime responsibility for. and together with the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Justice, coordinate with the Supreme People's Procuracy in, drafting regulations on coordination, reporting, information exchange, receipt and response to international requests related to the Convention implementation and submitting them to the Prime Minister for approval and decision.

6. The Ministry of Finance shall assume the prime responsibility for. and coordinate with concerned ministries and branches in. proposing and allocating funds for the Convention imple­mentation and ensuring the effective management and use of other aid sources and supports.

7. The Government Inspectorate shall, in the capacity as the standing body for the Convention implementation, advise the Government on organizing, directing and coordinating the implementation of programs and plans nationwide; assume the prime responsibility for. and coordinate with the Office of the Central Anti-Corruption Steering Committee in. monitoring, urging, examining, evaluating and summarizing the implementation of the national anti-corruption strategy and the Convention implementation plan: and annually report implementation results to the Prime Minister.

8. Focal point in international cooperation for the Convention implementation

- The Government Inspectorate shall act as the national focal point in providing anti-corruption information to the international community:

- The Ministry of Justice, the Ministry of Public Security and the Supreme People's Procuracy shall receive and respond to mutual judicial assistance requests and request other states parties to provide mutual judicial assistance under the Law on Mutual Judicial Assistance.

The Convention implementation shall be associated with the Plan for implementing the national anti-corruption strategy up to 2020. covering comprehensive objectives and solutions related to the performance of the functions, tasks and powers of agencies and organizations within the entire political system. Leading authorities of the Party and State, the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the State Audit of Vietnam, the Central Committee of Vietnam Fatherland Front and its member organizations, press agencies and all the people shall implement, and examine and oversee the implementation of. this Plan according to the provisions signed and ratified by Vietnam.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and heads of concerned agencies and units shall implement this Decision.

PRIME MINISTER

NGUYEN TAN DUNG

ACTIVITIES

OF THE PLAN FOR IMPLEMENTING THE UNITED NATIONS CONVENTION AGAINST CORRUPTION
(Attached to the Prime Minister's Decision No. 445/QD-TTg of April 7, 2010)