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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
90/2013/ND-CP
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Hanoi, August
08, 2013
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DECREE
REGULATION ON THE ACCOUNTABILITY
OF STATE AGENCIES IN IMPLEMENTATION OF THE ASSIGNED TASKS AND POWERS
Pursuant to December 25, 2001 Law on
organization of Government;
Pursuant to the anti-corruption Law No. 55/2005/QH11
amended and supplemented a number of Articles according to the Law No.
01/2007/QH12 and Law No. 27/2012/QH13;
At the proposal of General Government Inspector;
The Government promulgates the Decree
prescribing the accountability of state agencies in implementation of the
assigned tasks and powers,
Chapter 1.
GENERAL PROVISIONS
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This Decree prescribes on conditions to receive
request for explanation; rights and obligations of requester for explanation
and the person conducting explanation; the orders of and procedures for
explanation and responsibility of relevant agencies, organizations and
individuals in implementation of provisions on accountability.
Article 2. Subjects of application
This Decree applies to the following subjects:
1. State administrative agencies, public
non-business units under the state administrative agencies and persons
competent to implementation of accountability.
2. State agencies, political organizations,
political-social organizations, social organizations, professional - political
- social organizations, social – professional organizations, economic
organizations; foreign organizations established and operating legally in
Vietnam; Vietnamese citizens, foreigners living or working in Vietnam who have
request for explanation.
Article 3. Interpretation of terms
In this Decree, the following terms will be
construed as follows:
1. Explanation means the provision for,
interpretation and clarification of information conducted by state agencies
about implementation of their assigned duties and powers and responsibilities
in implementation of such duties and powers.
2. The requesters for explanation include agencies,
organizations and individuals who request state agencies, competent persons for
explanation about contents related to implementation of their rights and
obligations.
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Article 4. Principles in implementation and
application of law on accountability
1. Implementation of accountability must comply
with the following principles:
a) Ensuring the disclosure, transparency,
sufficiency, timeliness and proper competence;
b) Protecting the legitimate rights and benefits of
State, organizations and individuals.
2. In case where other legal documents have
provisions on the accountability, provisions of those legal documents shall
prevail.
Article 5. Contents not belong to scope of
accountability
1. The explaining persons are not responsible for
explanation about the following contents:
a) Content of information related to state secret;
b) Contents related to direction, organization of
implementation of tasks, public missions in internal scope of state agencies;
in direction and management of the superior administrative agencies with the
inferior administrative agencies;
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d) Content of information belonging to business
secret;
e) Contents which have been explained or accepted
for settlement by competent agencies.
2. The requests for explanation past 90 days, from
the day agencies, organizations or individuals receive or know about decisions,
acts of state agencies directly affecting to their lawful rights and benefits.
Article 6. Conditions to receive request for
explanation
1. Individuals requesting for explanation must be
capable of civil acts fully or through the lawful representatives; agencies or
organizations requesting explanation must perform through their lawful
representatives.
2. Content of request for explanation directly
related to the lawful rights and benefits of agencies, organizations,
individuals who have request for explanation.
3. Contents of request for explanation belong to
scope of management duty of the requested agencies.
Chapter 2.
RIGHTS AND OBLIGATIONS OF THE REQUESTERS FOR
EXPLANATION AND THE PERSONS CONDUCTING EXPLANTION
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1. To conduct by themselves or authorize for other
persons with full capacity of civil acts to perform request for explanation.
2. To be entitled to draw partly or all request for
explanation.
3. To be entitled to receive the written
explanation of agencies which have responsibility for explanation.
Article 8. Obligations of the requesters for
explanation
1. To perform the orders of and procedures for
request for explanation as prescribed in this Decree and other relevant legal
documents.
2. To present clearly, honestly, have grounds about
content of request for explanation.
3. To supply information, documents related to
content of request for explanation.
Article 9. Rights of the explaining persons
1. To suggest the requester for explanation to
supply information, documents related to content of request for explanation.
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3. To supplement or correct information in the
written explanation aiming to clarify, create the exactness and more
sufficiency for contents of explanation.
4. Apart from cases prescribed in Article 6 of this
Decree, when make direct explanation, the explaining persons have rights to
refuse for explanation in the following cases:
a) The requesters for explanation are in status of
failing to control acts due to use of alcohols, beers or other stimulants;
b) The authorized persons, representatives fail to
have other lawful papers as prescribed by law;
c) The requester for explanation has acts that
disrupt order, offend honor, dignity of the explaining persons.
Article 10. Obligations of the explaining
persons
1. To receipt request for explanation under their
competence intra as prescribed by law.
2. To guide the requester for explanation to
perform properly with the orders and procedures specified in this Decree and
other relevant legal documents.
3. To solve the request for explanation in
accordance with forms, orders, procedures and time limit prescribed in this
Decree and other relevant legal documents.
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ORDERS OR AND PROCEDURES FOR IMPLEMENETATION OF
EXPLANATION
Article 11. Request for explanation
1. The request for explanation is performed in writing
or directly at the state agencies which have responsibilities for explanation.
2. The written request for explanation must meet
the following conditions:
a) Using Vietnamese. In case where foreigners
request for explanation, the written request for explanation must be translated
into Vietnamese;
b) To present clearly content of request for
explanation;
c) To inscribe clearly name, address, telephone
number (or address of mailbox to contact as necessary) of the requester for
explanation.
3. Request for direct explanation:
a) The requester for explanation presents clearly
content of request with cadres, civil servants who receive request for
explanation.
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b) Using Vietnamese. In case where a foreigner
requests for explanation, he/she must use his/her person to translate into
Vietnamese during the course of implementation of request for explanation;
c) Cadres, civil servants who receive request for
explanation must present truthfully content of request for explanation in
writing; inscribe clearly name, address, telephone number (or address of
mailbox to contact as necessary) of the requester for explanation;
d) The requester for explanation should sign or
press fingerprints to certify on document.
Article 12. Receipt of request for explanation
The receipt of request for explanation is performed
as follows:
1. To receive and record in the receipt book of
requests for explanation.
2. To guide the requester for explanation to
perform properly with forms of the request for explanation if it has not yet
met as prescribed in Article 11 of this Decree.
3. Within 05 working days after receiving request,
the explaining persons must notify the requester about the receipt or refusal
and clearly state reason thereof.
In case where the request for explanation does not
belong to his/her responsibility, he/she must guide the requester to send
exactly to agencies which have responsibility for explanation. In case the
content of request has been explained but there is other person requests for
explanation, this person shall be supplied the written explanation.
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Article 16. Implementation of explanation
1. For requests for direct explanation with simple
content, the explaining person may make direct explanation; and the requesters
for explanation shall sign or press fingerprints on the minutes of explanation
implementation.
2. For other requests for explanation, the
explaining person must perform as follows:
a) To research content of request for explanation;
b) To collect, verify the concerned information;
c) To have a direct meeting with the requester for
explanation in order to clarify relevant contents if necessary. Content of the
meeting is made into the minutes with signatures of parties;
d) To issue written explanation with the following
contents:
- Name and address of the requesters for
explanation;
- Content of request for explanation;
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- Legal grounds for explanation;
- Content of specific explanation under each
request;
e) To send the written explanation to the
requesters for explanation. In necessary case, publicize the written
explanation as prescribed by law.
Article 14. Time limit for implementation of
explanation
Time limit for implementation of explanation shall
not exceed 15 days, from the day issuing the notification about the receipt of
request for explanation. In case with complex content, time limit for
explanation may be extended. Time limit for extension of implementation of
explanation shall not exceed 15 days, from the extended day and have to send a
written notification to the requester for explanation.
Article 15. Temporary suspension, suspension of
the explanation at request
Heads of state agencies shall notify in writing
about temporary suspension or suspension of explanation in the following
specific cases:
1. Temporary suspending the explanation when
individuals who request for explanation died and not yet have any person to
inherit rights and obligations in the cases requested for explanation;
agencies, organizations are separated, merged, dissolved but not yet have any
individual or organization to inherit rights and obligations in the cases
requested for explanation.
The explaining persons shall continue the
explanation when reasons of temporary suspension are no longer.
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Chapter 4.
ORGANIZATION OF IMPLEMENTATION AND PROVISIONS OF
ENFORCEMENT
Article 16. Responsibilities of heads of state
agencies in organization to perform the accountability
1. To concretize implementation of the
accountability in the internal rules, working regulations of individuals in
conformity with their functions, tasks and powers.
2. To organize, direct, urge, examine cadres, civil
servants under their management in strictly perform provisions on
accountability and handling cases violating provisions on accountability.
Article 17. Inspection, examination of the
accountability implementation
1. The superior state agencies shall inspect,
examine the accountability implementation of inferior state agencies.
2. The Government Inspectorate shall help
Government in examining, inspecting the accountability implementation of
Ministers, ministerial-level agencies, Governmental agencies and People’s
Committees of provinces and central-affiliated cities.
Article 18. Handling of violations in
implementation of provisions on accountability
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Article 19. Effect
This Decree takes effect on September 30, 2013.
Article 20. Responsibilities for guide and
organization of implementation
1. The General Government Inspector shall
coordinate with the Minister of Internal Affairs in guiding implementation of
this Decree.
2. The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, People’s Committees of provinces and
central-affiliated cities, and relevant agencies shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung