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THE GOVERNMENT INSPECTORATE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 11/2011/TT-TTCP
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Hanoi, November 09, 2011
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CIRCULAR
PROVIDING CRITERIA FOR JUDGMENT OF THE SITUATION OF
CORRUPTION AND EVALUATION OF ANTI-CORRUPTION WORK
Pursuant to the Law Against Corruption;
Pursuant to the Government's Decree No. 65/2008/ND-CP of May 20, 2008,
defining the functions, tasks, powers and organizational structure of the
Government Inspectorate;
Pursuant to the national strategy against corruption toward 2020,
promulgated together with the Government's Resolution No. 12/NQ-CP of May 12,
2009;
The Government Inspectorate provides criteria for judgment of the
situation of corruption and evaluation of anti-corruption work as follows:
Chapter 1
GENERAL PROVISIONS
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This
Circular provides the principles and criteria for the judgment of the situation
of corruption and evaluation of anti-corruption work nationwide and
responsibilities of ministries, sectors, localities, agencies, organizations
and units involved in this work.
Article 2. Subjects of application
This
Circular applies to ministries, ministerial-level agencies, government-attached
agencies, People's Committees of provinces and centrally run cities and other
agencies, organizations, units and persons in the organization of
anti-corruption work, judgment of the situation of corruption and evaluation of
anti-corruption work.
Article 3. Principles of judgment of the situation of corruption and
evaluation of anti-corruption work
1.
Assurance of the objectivity, honesty and publicity in the judgment of the
situation of corruption and evaluation of anti-corruption work.
2.
Thorough understanding of the Party's guidelines and line and the State's
policies and laws on the prevention and combat of corruption.
3.
Results of judgment and evaluation by domestic socio-political organizations
and communication agencies and international organizations of the situation of
corruption and anti-corruption work of Vietnam and its economic, political and
social stability and development serve as important bases for reference and
judgment of the situation of corruption and evaluation of anti-corruption work.
Chapter 2
JUDGMENT OF THE SITUATION OF
CORRUPTION
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The
situation of corruption shall be measured and forecast based on the scale and
nature of corruption.
1.
The scale of corruption is reflected through the following factors:
a/
Prevalence of groups of acts of corruption in various areas of state
management;
b/
Damage caused by acts of corruption to the State, enterprises and people.
2.
The nature of corruption is reflected through the following factors:
a/
Seriousness of acts of corruption;
b/
Corruption structure according to groups of acts of corruption;
c/
Organization of the commission of acts of corruption;
d/
Connection between acts of corruption and other illegal acts.
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1.
Criteria for measuring the scale of corruption:
a/
Awareness of the public about the prevalence of acts of corruption;
b/
Awareness of cadres and civil servants about losses caused by corruption to the
state budget;
c/
Informal expenses of enterprises in transactions with state agencies;
d/
Informal expenses of people in transactions with state agencies.
2.
Criteria for measuring the nature of corruption
a/
Rate of correlation among different crimes of corruption;
b/
Rates of serious, very serious and particularly serious crimes of corruption;
c/
Rates of criminal cases of corruption already instituted, prosecuted and tried;
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e/
Rate of criminal cases of corruption involving foreign elements;
f/
Rates of criminal cases of corruption related to other crimes.
Article 6. Methods of judging the situation of corruption
1.
Collecting baseline information according to criteria for judging the situation
of corruption.
2.
Determining a formula for calculating general indexes for measuring the current
situation of corruption based on comparison between years and material data of
each component criterion.
3.
Collecting information and data in the year of judgment to determine general
indexes for measuring the year's situation of corruption. General indexes serve
as major tools for judging the situation of corruption.
4.
Methods of measuring indexes of the current situation of corruption and
specific examples are provided in an appendix to this Circular (not printed
herein).
Article 7. Responsibility for collecting and processing information to
serve the judgment of the situation of corruption nationwide
1.
The Government Inspectorate shall assume the prime responsibility for, and
coordinate with ministries, sectors and localities and related agencies in,
collecting information and data to serve the annual judgment of the situation
of corruption.
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Chapter 3
EVALUATION OF ANTI-CORRUPTION WORK
Article 8. Evaluation of anti-corruption work
Anti-corruption
work shall be evaluated based on anti-corruption efforts, results of detection
and handling of cases of corruption and impacts of anti-corruption work on the
people's confidence and the situation of corruption.
Article 9. Criteria for evaluation of anti-corruption efforts
1.
Criteria for evaluating the level of completion of anti-corruption policies and
laws.
a/
Sub-law documents promulgated in accordance with the Law Against Corruption;
b/
Documents promulgated, revised and supplemented in line with the plan for
implementation of the national strategy against corruption toward 2020 and the
plan for implementation of the United Nations Convention Against Corruption;
c/
Criminalized acts of corruption and anti-corruption measures already introduced
according to the requirements of the implementation of the United Nations
Convention Against Corruption.
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a/
Specialized anti-corruption agencies and units established in accordance with
law;
b/
Leading officials and professional officers in specialized anti-corruption
agencies and units arranged according to staffing plans, meeting the
requirements on the structure of professional titles and standards.
c/
Officers of specialized anti-corruption agencies and units who have been
trained in necessary anti-corruption skills according to approved plans.
3.
Criteria regarding the level of participation of the society in anti-corruption
work:
a/
Socio-political organizations, socio-professional organizations, business
associations, commodity line associations and communication agencies involved
in anti-corruption activities;
b/
Level of accessibility of the people to information on cases of corruption and
anti-corruption work;
c/
Rate of individuals commended and rewarded for achievements in detecting acts
of corruption.
Article 10. Criteria for evaluation of results of detection and handling
of corruption
1.
Criteria for evaluation of results of detection of corruption:
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b/
Rate of cases of corruption detected through inspection;
c/
Rate of cases of corruption detected through examination;
d/
Rate of cases of corruption detected through supervision;
e/
Rate of cases of corruption detected through audit;
f/
Rate of cases of corruption detected through settlement of denunciations;
g/
Rate of cases of corruption detected through investigation, prosecution and
adjudication activities.
2.
Criteria for evaluation of results of handling of corruption:
a/
Rate of corrupt persons criminally handled;
b/
Rate of corrupt persons administratively handled;
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d/
Rate of recovery of money and property through audit;
e/
Rate of recovery of money and property in criminal cases of corruption.
Article 11. Criteria for evaluation of impacts of anti-corruption work
on the people's confidence and the situation of corruption
a/
Level of satisfaction of people, enterprises, cadres and civil servants with
the effectiveness of anti-corruption work;
b/
Level of confidence of people, enterprises, cadres and civil servants in the
realization of the objective of corruption prevention and mitigation.
c/
Level of change of the situation of corruption
Article 12. Methods of evaluating anti corruption work
1.
Periodically collecting information and data according to evaluation criteria.
2.
Summarizing, classifying and standardizing information and data.
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Article 13. Responsibilities to collect and process information to serve
the evaluation of anti-corruption work at national level
1.
The Government Inspectorate shall assume the prime responsibility for, and
coordinate with related ministries, sectors, localities and agencies in,
collecting information and data to serve the annual evaluation of
anti-corruption work.
2.
The Government Inspectorate shall assume the prime responsibility for, and
coordinate with competent agencies in, analyzing information and data and
proposing to the Government the contents of annual evaluation of
anti-corruption work, and publicize the Government's annual evaluation of
anti-corruption work.
Chapter 4
ORGANIZATION OF IMPLEMENTATION
Article 14. Responsibilities of the Government Inspectorate
1.
To formulate and implement detailed plans for judging the situation of
corruption and evaluating anti-corruption work nationwide.
2.
To assume the prime responsibility for, and coordinate with related ministries,
sectors and agencies in, conducting sociological surveys and investigations and
other research activities to collect information and data to serve the judgment
of the situation of corruption and evaluation of anti-corruption work.
3.
To build, manage and operate a system of information and data to serve the
judgment of the situation of corruption and evaluation of anti-corruption work.
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Ministries,
sectors and localities shall provide information to serve the judgment of the
situation of corruption and evaluation of anti-corruption work; and coordinate
with the Government Inspectorate in surveying, analyzing and judging the
situation of corruption and evaluating anti-corruption work.
Article 16. Fund for the judgment of the situation of corruption and
evaluation of anti-corruption work
The
fund for the judgment of the situation of corruption and evaluation of
anti-corruption work shall be allocated from the state budget and financial
assistance sources in accordance with law.
Article 17. Effect
This
Circular takes effect on January 1, 2012. Any problems arising in the course of
implementation should be reported to the Government Inspectorate for guidance,
amendment and supplementation as appropriate.-
FOR THE INSPECTOR GENERAL
DEPUTY INSPECTOR GENERAL
Tran Duc Luong