Vietnam: Which agency is responsible for advising the State Auditor General to handle cases with signs of corruption?
Which agency is responsible for advising the State Auditor General to handle cases with signs of corruption?
Pursuant to the provisions of Clauses 1, 2, Article 13 of the Auditing Process for cases with signs of corruption issued together with Decision No. 07/2023/QD-KTNN stipulating as follows:
State Audit Office of Vietnam shall organize the appraisal of audit files and evidence in cases with signs of corruption
1. The State Auditor General shall establish a Council to appraise the audit files and evidence of cases showing signs of corruption and advise and advise the State Auditor General in directing the verification, clarification and handle cases showing signs of corruption in accordance with law.
2. The composition of the Appraisal Council includes: The Chairman of the Council is a Deputy State Auditor General, the Head of the unit presiding over the audit, representatives of the leaders of the following units: General Department, Regime and Control Department audit quality control, Legal Department, State Audit Inspectorate, Audit delegation Leader, Audit delegation Leader and other members decided by the State Auditor General. The General Department is responsible for advising the State Auditor General to establish the Appraisal Council and acting as its secretary.
Thus, the agency responsible for advising the State Auditor General to handle cases with signs of corruption is the Appraisal Council established by the State Auditor General.
Members of the Appraisal Council include:
- The Chairman of the Council is a Deputy State Auditor General.
- The head of the unit presiding over the audit, representatives of the leaders of the units: Department of General Affairs, Department of Audit Regime and Quality Control, Legal Department, State Audit Inspectorate, Head of Audit delegation, the audit delegation leader and other members shall be decided by the State Auditor General.
- The General Department is responsible for advising the State Auditor General to establish the Appraisal Council and to act as its secretary.
Vietnam: Which agency is responsible for advising the State Auditor General to handle cases with signs of corruption?
How to handle cases with signs of corruption?
Pursuant to the provisions of Article 17 of the process of auditing positions with signs of corruption issued together with Decision No. 07/2023/QD-KTNN stipulating as follows:
Handling cases with signs of corruption
The Council specified in Clause 1, Article 13 of this process advises the State Auditor General to handle cases with signs of corruption as prescribed in Article 62 of the Law on Anti-Corruption, as follows:
1. If the case shows signs of crime, immediately transfer the case file and request the investigating agency to consider and prosecute the criminal case, and at the same time notify in writing the People's Procuracy of the same level. .
2. If the case shows no signs of crime, it is recommended that competent agencies, organizations, units and individuals handle the violators. Agencies, organizations, units and individuals with handling competence must notify in writing the handling results to the State Audit Office of Vietnam.
3. The head of the unit presiding over the audit shall have to complete the dossier and report on the case showing signs of corruption to submit to the State Auditor General (through the General Department) for deposit to the agencies according to regulations.
4. At the end of the audit, the audit delegation is responsible for summarizing the audit results of the case with signs of corruption into the audit report of the audit.
According to the above provisions, the handling of cases with signs of corruption is as follows:
- The Appraisal Council advises the State Auditor General to handle cases with signs of corruption
+ If the case shows signs of crime, immediately transfer the case file and propose the investigating agency to consider and prosecute the criminal case.
At the same time, notify in writing to the People's Procuracy of the same level.
+ If the case shows no signs of a crime, it is recommended that competent agencies, organizations, units and individuals handle the violators.
Agencies, organizations, units and individuals with handling competence must notify in writing the handling results to the State Audit Office of Vietnam.
- The head of the unit presiding over the audit is responsible for completing the dossier and reporting the case with signs of corruption to submit to the State Auditor General (through the General Department) for deposit to the agencies as prescribed.
- The audit delegation is responsible for synthesizing the audit results of the case showing signs of corruption into the audit report of the audit at the end of the audit.
Should the audit report of the case with signs of corruption be made public?
Pursuant to the provisions of Article 18 of the process of auditing positions with signs of corruption issued together with Decision No. 07/2023/QD-KTNN stipulating as follows:
Publicize the audit report of the case with signs of corruption
1. The State Audit Office of Vietnam is responsible for publicizing the audit report on cases showing signs of corruption.
2. The disclosure of the audit report on the case with signs of corruption shall comply with the State Audit Office of Vietnam's regulations on publicizing the audit results, the results of the implementation of audit conclusions and recommendations./.
According to the above provisions, the State Audit Office of Vietnam has the responsibility to publicize the audit report on cases showing signs of corruption.
Decision No. 07/2023/QD-KTNN takes effect from June 30, 2023
LawNet