How are gifts from state administrative agencies within the functional management scope of the Government Inspectorate of Vietnam handled according to procedure?
Can a state administrative body within the management functions of the Thanh tra the Government of Vietnam receive gifts?
Based on the provisions stipulated in Article 22 Anti-Corruption Law 2018 as follows:
Giving and receiving gifts
1. Agencies, organizations, units, and individuals holding positions of authority shall not use public finance and public assets as gifts, except in cases of gifts for charitable purposes, diplomatic purposes, and other necessary cases as prescribed by law.
2. Agencies, organizations, units, and individuals holding positions of authority shall not directly or indirectly receive any form of gifts from agencies, organizations, units, or individuals related to the work they handle or within their management scope.
3. The Government of Vietnam shall detail this Article.
Thus, state administrative bodies within the management functions of the Inspectorate of the Government of Vietnam shall not directly or indirectly receive gifts in any form from agencies, organizations, units, or individuals related to the work they handle or within their management scope.
How are gifts received by state administrative bodies within the management functions of the Thanh tra the Government of Vietnam handled?
How are gifts received by state administrative bodies within the management functions of the Thanh tra the Government of Vietnam handled?
Based on the provisions stipulated in Section 6, Administrative Procedures promulgated under Decision 457/QD-TTCP 2023 which regulates the procedures for handling gifts received by state administrative bodies within the management functions of the Thanh tra the Government of Vietnam as follows:
Step 1:
- For gifts in the form of money or valuable papers, the head of the agency, organization, or unit shall organize the reception, custody, and procedures to remit them into the state budget as prescribed by law.
- For gifts in kind, the head of the agency, organization, or unit shall organize the reception, custody, and handling as follows:
Determine the value of the gift based on the price provided by the gift-giving entity (if any) or the value of similar items sold on the market. If the value cannot be determined, a competent agency can be requested to appraise it;
Decide to sell the gift and publicly organize the sale as prescribed by law;
Remit the proceeds into the state budget after deducting the costs related to handling the gift within 30 days from the date of sale.
- For gifts in the form of services such as tourism, healthcare, education, training, internships, and other services, the head of the agency, organization, or unit must notify the service provider that they will not use those services.
- For gifts in the form of animals, plants, fresh food, or other difficult-to-preserve items, the head of the agency, organization, or unit shall handle them according to the specific situation and the legal provisions on handling material evidence in administrative violations, or report to the competent authority for discretion.
Step 2: Within 5 working days from the date of handling the gift, the agency, organization, or unit handling the gift must notify in writing to the agency, organization, or unit managing the gift-giver or the direct superior of the agency, organization, or unit which gave the gift for consideration and handling according to their competence.
Processing time: 5 working days
Who has the authority to handle the administrative procedures for gifts received by agencies and units under the Inspectorate of the Government of Vietnam?
Based on the provisions stipulated in Section 6, Administrative Procedures promulgated under Decision 457/QD-TTCP 2023 which regulates as follows:
d) Subjects implementing administrative procedures: State sector agencies, organizations, units, including: state agencies, political organizations, socio-political organizations, people's armed units, public service providers, state-owned enterprises, and other organizations and units established by the State, with state investment in infrastructure, full or partial funding from the state budget, directly managed or co-managed by the State; individuals holding positions of authority working in state sector agencies, organizations, units, and other related agencies, organizations, and individuals in anti-corruption work.
e) Agencies handling administrative procedures: Heads of state sector agencies, organizations, units, including: state agencies, political organizations, socio-political organizations, people's armed units, public service providers, state-owned enterprises, and other organizations and units established by the State, with state investment in infrastructure, full or partial funding from the state budget, directly managed or co-managed by the State; individuals holding positions of authority working in state sector agencies, organizations, units, and other related agencies, organizations, and individuals in anti-corruption work.
The authority to handle the procedures for dealing with gifts is as follows:
- Heads of state sector agencies, organizations, units, including:
State agencies, political organizations, socio-political organizations, people's armed units, public service providers, state-owned enterprises, and other organizations and units established by the State, with state investment in infrastructure, full or partial funding from the state budget, directly managed or co-managed by the State;
- Individuals holding positions of authority working in state sector agencies, organizations, units, and other related agencies, organizations, and individuals in anti-corruption work.
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