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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
64/2007/QD-TTg
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Hanoi
, May 10, 2007
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DECISION
PROMULGATING
THE REGULATION ON GIVING, RECEIPT AND HAND-OVER OF GIFTS BY STATE BUDGET-FUNDED
AGENCIES, ORGANIZATIONS AND UNITS AND CADRES, PUBLIC EMPLOYEES AND SERVANTS
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Anti-Corruption Law;
Pursuant to the December 16, 2002 Law on State Budget;
Pursuant to the November 29, 2005 Law on Thrift Practice and Waste Combat;
At the proposal of the Finance Minister,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on giving, receipt and hand-over of
gifts by state budget-funded agencies, organizations and units and cadres,
public employees and servants.
Article 2.-
This Decision takes effect 15 days after its publication in "CONG
BAO."
Article 7.-
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies, presidents of provincial/municipal People's Committees, and relevant
agencies and organizations shall implement this Decision.
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PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON
GIVING, RECEIPT AND HAND-OVER OF GIFTS BY STATE BUDGET-FUNDED AGENCIES,
ORGANIZATIONS AND UNITS AND CADRES, PUBLIC EMPLOYEES AND SERVANTS
(Promulgated together with the Prime Minister's Decision No. 64/2007/QD-TTg
of May 10, 2007)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
1. This Regulation provides for:
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b/ Gift receipt by agencies, organizations,
units, cadres, public employees and servants;
c/ Reporting, hand-over and
disposal of gifts.
2. This Regulation is not
applicable to the following cases:
a/ Gift giving under the Prime
Minister's Decision No. 205/2004/QD-TTg of December 10, 2004, on the
implementation of a number of policies and regimes for senior officials;
b/ Gift giving by competent
agencies and organizations to social policy beneficiaries and persons who
rendered meritorious services to the revolution.
Article 2.- Subjects
of implementation
1. Cadres, public employees and
servants as defined by the law on cadres and public employees.
2. State agencies, political
organizations, socio-political organizations, people's armed forces units,
public non-business units, state enterprises and other agencies, organizations
and units using state budget and assets (below collectively referred to as
agencies and units).
3. This Regulation is applicable
to the following persons:
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b/ Leaders and managers of state
enterprises; leaders and managers representing the State's share in
enterprises;
c/ Holders of leadership and
management posts in political organizations, socio-political organizations and
other state budget-funded agencies and units.
Article 3.-
Gifts provided for in this Regulations include:
1. Vietnamese currency, foreign
currencies, savings certificates, stocks, bonds, checks and valuable papers.
2. Material items, goods and
assets.
3. Services of domestic or
overseas sightseeing tours, travel, healthcare, education-training, internship
and refresher training and other kinds of services.
4. Rights to buy assets, houses,
land use rights and equipment use rights; non state-prescribed privileges; use
of assets, houses, land and equipment of other persons, which is free of charge
or undercharged.
Article 4.-
To strictly prohibit the giving, under all forms, of funds and assets of the
State or originated from the state budget as gifts in contravention of
regulations.
Article 5.-
To strictly prohibit agencies, units, cadres, public employees and servants
from receiving, or receiving on behalf of other persons, or receiving via
agencies, units or individuals, gifts in the following cases:
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2. Gifts are given by agencies,
units or individuals for unclear purposes.
3. Gifts are given for purposes
relating to acts of corruption specified in Article 3 of the Anti-Corruption
Law.
Chapter II
SPECIFIC PROVISIONS
Section 1. PROVISIONS ON GIFT
GIVING
Article 6.- Agencies,
units and individuals may only use funds or assets of the State or originated
from the state budget as gifts in cases permitted under state regulations.
Article 7.-
Gift giving under this Regulation and other relevant legal documents must comply
with the State's current regulations on regimes, criteria and recipients;
gift-receiving agencies and units shall make accounts for gifts in accordance
with current law and disclose them in their offices according to regulations.
Article 8.-
The Ministry of Finance shall amend and supplement regulations on gift giving
for foreign relation and international cooperation activities of state agencies
and elaborate new ones.
Section 2.
PROVISIONS ON GIFT RECEIPT
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Representatives of agencies and
units shall refuse gifts that are given in contravention of the prescribed
regime, criteria and recipients and clearly state the reasons to gift givers.
When it is impossible to refuse, agencies and units shall manage and dispose of
gifts according to Section 3 of this Regulation.
Article 10.-
Cadres, public employees and servants may only receive gifts in accordance with
law and shall acknowledge receipt with their signatures; and shall declare
their incomes when required by law.
Cadres, public employees and
servants shall refuse gifts that are given in contravention of the prescribed
regime, criteria and recipients, clearly stating the reasons to gift givers.
When it is impossible to refuse, cadres, public employees and servants shall
report to the head(s) of their agencies or units for disposal according to
Section 3 of this Regulation.
Article 11.-
Cadres, public employees and servants are not required to report to their
agencies or units on gifts given by their relatives or family members who do
not have relations in terms of interests related to the gift recipients' public
duties and by agencies, units or individuals having no relation with the gift
recipients' public duties; when required by law, cadres, public employees and
servants shall declare their incomes according to regulations.
Section 3.
PROVISIONS ON REPORTING, HAND-OVER AND DISPOSAL OF GIFTS
Article 12.- Gifts shall
be reported and handed over as follows:
1. When getting gifts in
contravention of regulations, agencies and units shall hand over these gifts to
the division responsible for managing gifts for disposal according to Article
13 of this Regulation.
2. When getting gifts in
contravention of regulations, cadres, public employees or servants shall report
to their immediate supervisor(s) and hand over these gifts to their agencies or
units within five working days from the date of receipt.
When reporting and handing over
gifts later than the above time limit, gift recipients shall clearly state the
reasons therefor.
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a/ Kind and value of the gift.
b/ Time, place and specific
circumstance of receiving the gift;
c/ Name, position, agency and
address of the gift giver;
d/ Purpose of gift giving (if
known).
4. Apart from the cases
specified in Article 11 of this Regulation, when cadres, public employees or
servants who fall sick, suffer accidents, or in mourning or wedding events, or
on traditional festival or lunar new year occasions, are given gifts valued at
less than VND 500,000 and the gift giving does not relate to the purposes and
acts prescribed in Article 5 of this Regulation, they may decide on gift
receipt themselves without having to report it and are responsible for their
decision.
Article 13.-
Order of gift disposal
When gifts are handed over to
agencies or units, heads of those agencies or units shall take over, preserve
and promptly dispose of the gifts as follows:
1. To carry out procedures to
transfer into the state budget gifts in cash, savings certificates, stocks,
bonds, checks or valuable papers in accordance with the Ministry of Finance's
regulations.
2. When gifts are in kind:
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b/ Depending on the quantity of
material items handed over, heads of agencies or units shall decide to sell
them publicly every three or six months;
c/ For gifts specified in Clause
3, Article 3 of this Regulation and gifts that are animals, plants, fresh or
live foods and other items difficult to preserve, heads of agencies or units
shall, based on realities, decide on the disposal thereof as appropriate; or
report to their immediate superior agencies for consideration and disposal when
it falls beyond their competence;
d/ Agencies and units shall
remit into the state budget the collected sums (after deducting expenses for
disposal of material items) within 30 days from the date of selling the items.
3. Agencies and units shall make
reports on the collection, hand-over and disposal of gifts on a quarterly and
annual basis and send them to their immediate superior agencies and disclose
them in their offices.
4. Gift-disposing agencies and
units shall notify in writing gift-giving agencies and units or agencies and
units managing gift givers of the gift giving for consideration and handling
thereof according to law.
Chapter III
IMPLEMENTATION RESPONSIBILITIES
Article 14.- Cadres,
public employees and servants have the responsibilities:
1. To strictly observe
regulations on gift giving, receipt and hand-over in accordance with law and
this Regulation.
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Article 15.-
Heads of agencies and units have the responsibilities:
1. To organize the strict
implementation of this Regulation and other relevant laws.
2. To disseminate and popularize
legal provisions on gift giving, receipt and hand-over in their agencies and
units.
3. To monitor, check, supervise
and adopt measures to prevent acts of giving and receiving gifts in
contravention of regulations; promptly handle violations of this Regulation in
their agencies and units; and disclose violation handling results in their
agencies and units.
4. To annually report to their
immediate supervisors on the implementation of this Regulation and disclose
these reports in their agencies and units.
Article 16.-
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies and presidents of provincial/municipal People's Committees have the
responsibilities:
1. To direct, inspect and supervise
their attached units in implementing this Regulation.
2. Before November 15 every
year, to report on gift giving, receipt and hand-over in their offices
according to this Regulation and submit reports to the Ministry of Finance for
summing up and report to the Prime Minister before December 15 every year.
Article 17.-
State inspection, oversight and audit agencies have the responsibilities:
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2. To coordinate with agencies
and units in exchanging information, documents and experience on the
observation of this Regulation.
Article 18.-
Financial agencies and state treasuries at all levels have the
responsibilities:
1. Financial agencies at all
levels shall intensify the oversight and control over the use of state funds
and assets in accordance with current regulations and this Regulation.
2. State treasuries at all
levels shall implement the mechanism of state budget expenditure control toward
agencies and units funded with the state budget via treasuries; and create
favorable conditions for agencies, units, cadres, public employees and servants
to remit donated sums into the state budget.
Chapter IV
HANDLING OF VIOLATIONS
Article 19.- Handling of
violating agencies, units and individuals
1. Agencies and units giving
gifts in contravention of regulations shall refund the value of gifts to the
public fund. Individuals giving gifts not in accordance with competence or
regulations, or for the purposes relating to corruptive acts specified in
Article 3 of the Anti-Corruption Law shall refund the value of gifts, and shall,
depending on the nature and severity of their violations, be handled according
to law.
If agencies, units, cadres,
public employees and servants that receive gifts in contravention of
regulations fail to report or make untruthful reports thereon, they shall,
depending on the nature and severity of their violations, be handled according
to law.
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3. Persons who give or receive
gifts in contravention of regulations but report, refund or hand over these
gifts before their acts are detected may be considered for discipline remission
in accordance with law.
4. Agencies, units, cadres,
public employees and servants who violate this Regulation are not eligible for
consideration of emulation titles and rewards.