Nghị định 211/2013/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 107/2006/ND-CP DATED SEPTEMBER 22, 2006, DEFINING RESPONSIBILITIES OF HEADS OF AGENCIES, ORGANIZATIONS AND UNITS FOR CORRUPTION OCCURRING IN THEIR AGENCIES, ORGANIZATIONS OR UNITS

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

Pursuant to Law No. 55/2005/QH11 on Anti-Corruption, which was amended and supplemented under Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

Pursuant to the December 21, 1999 Penal Code; and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the November 13, 2008 Law on Cadres and Civil Servants and the November 15, 2010 Law on Public Employees;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 107/2006/ND-CP dated September 22, 2006, defining responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 107/2006/ND-CP dated September 22, 2006, defining responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units as follows:

1. To amend and supplement Article 6 as follows:

“Article 6. Principles of examination and disciplining

The disciplining of heads or deputy heads of agencies, organizations or units where corruption occurs and of heads or deputy heads of related agencies, organizations or units prescribed in Clause 3, Article 4 of this Decree must, apart from complying with the principles of disciplining cadres, civil servants and public employees according to prevailing legislations, comply with the following principles:

1. The determination of direct or joint responsibility must be based on the task assignment and management decentralization within agencies, organizations or units.

2. Disciplining must be based on the work relation between managerial responsibility of heads or deputy heads and acts of corruption committed by persons under their management.”

2. To amend and supplement Article 7 as follows:

“Article 7. Disciplinary forms

Heads or deputy heads of agencies, organizations or units where corruption occurs shall, depending on the nature and severity of cases, be disciplined as follows:

1. Heads or deputy heads of agencies, organizations or units who are cadres, civil servants, public employees or managers of state enterprises shall be subject to one of the following disciplinary forms:

a) Reprimand;

b) Caution;

c) Dismissal.

2. Heads or deputy heads of agencies, organizations or units belonging to socio-political-professional organizations, socio-professional organizations or social organizations shall be disciplined according to prevailing legislations and the charters of those organizations.

3. Heads or deputy heads of agencies, organizations or units who are officers, non­commissioned officers or professional army men in the people’s army or people’s police shall be disciplined according to prevailing legislations applicable to officers, non-commissioned officers and professional army men in the people’s army or people’s police.”

3. To amend and supplement Clause 1, Article 11 as follows:

“1. Heads or deputy heads of agencies, organizations or units shall bear no responsibility in case they cannot know or have applied necessary measures to prevent or stop acts of corruption, or have taken the initiative in the detection and handling of acts of corruption according to prevailing legislations.”

4. To amend and supplement Article 12 as follows:

“Article 12. Disciplining of Ministers, heads of ministerial-level agencies and government-attached agencies and persons holding equivalent positions; chairpersons of provincial-level People’s Councils and chairpersons of provincial-level People’s Committees

Ministers, heads of ministerial-level agencies or government-attached agencies or persons holding equivalent positions, chairpersons of provincial-level People’s Councils or chairpersons of provincial-level People’s Committees who let particularly serious corruption matters or cases occur in their respective ministries, sectors or localities, thus causing adverse political, economic or social impacts, within management of their ministries, sectors, localities shall bear responsibility therefor and be disciplined according to prevailing legislations.”

5. To amend and supplement Article 13 as follows:

“Article 13. Responsibility to consider disciplining

Within 30 working days after obtaining competent agencies’ official conclusions and reports on corruption matters or cases according to Clause 4, Article 55 of the Anti-Corruption Law, or after the judgments on corruption cases take effect, heads of immediate superior agencies, organizations or units shall consider disciplining or report the cases to competent authorities to consider disciplining heads or deputy heads of agencies, organizations or units who are directly or jointly responsible for the corruption matters or cases.”

6. To amend and supplement Article 14 as follows:

“Article 14. Competence to decide on disciplining

The competence to decide on disciplining heads of agencies, organizations or units where corruption occurs shall comply with prevailing decentralization of management of cadres, civil servants and public employees.”

7. To amend and supplement Article 15 as follows:

“Article 15. Disciplinary councils

1. Heads of immediate superior agencies, organizations or units of agencies, organizations or units where corruption occurs shall decide on setting up of disciplinary councils to consider disciplining heads or deputy heads of the agencies, organizations or units where corruption occurs.

2. Members of a disciplinary council include:

a) The council chairman being the head or deputy head of the immediate superior agency, organization or unit of the agency, organization or unit where corruption occurs;

b) A member being a representative of the immediate superior Party committee of the Party committee of the agency, organization or unit where corruption occurs;

c) A member being a representative of leaders of the agency, organization or unit where corruption occurs (who is not related to the corruption matter or case);

d) A member being a representative of the trade union executive committee of the agency, organization or unit where corruption occurs.

e) A member cum secretary of the council being person in charge of the advisory section for organization and personnel work of the agency, organization or unit where corruption occurs.

3. The disciplinary council shall work under the collegial regime and make decisions by a majority of votes cast in secret ballot. Its meeting may only be held when it is attended by all members.”

8. To amend and supplement Article 17 as follows:

“Article 17. Other provisions involving the process of discipline consideration

Other provisions involving the process of considering the disciplining of heads and deputy heads of agencies, organizations and units such as those on the statute of limitations and time limits for disciplining; work suspension; management of disciplining records; cancellation of disciplinary decisions; complaints and settlement of complaints about disciplinary decisions, and provisions involving the disciplined cadres, civil servants and public employees shall comply with the current law on disciplining of cadres, civil servants and publics”. employees.”

Article 2. Effect

This Decree takes effect on February 10, 2014.

Article 3. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and relevant agencies, organizations and individuals shall implement this Decree.