The Central Executive Committee of the Vietnam Communist Party of Vietnam issued Regulation 189-QD/TW dated October 8, 2024, concerning the control of power, prevention, and combat of corruption and negative act in the management and use of public finance and assets.
Regulation 189-QD/TW takes effect from the date of signing (October 8, 2024).
Negative act in managing and using public assets can be understood as intentional actions stemming from the subjective will of agencies, units, organizations, state-owned enterprises, individuals in managing and using public finance and assets, or actions contrary to the policies, regulations of the Vietnam Communist Party, the laws of the State, ethical standards of public service executors, and code of conduct of officials and public employees, party members in agencies, units, organizations, authorized state-owned enterprises managing and using public finance and assets.
According to Article 2 of Regulation 189-QD/TW in 2024, the prevention of negative act in the management and use of public assets is based on the following principles:
- Ensuring the unified, comprehensive, direct, and absolute leadership of the Vietnam Communist Party; strict adherence to the policies, regulations of the Vietnam Communist Party, and laws of the State on managing and using public finance and assets.
- State power in managing and using public finance and assets must be tightly and uniformly controlled; ensuring that power is used correctly and effectively; any act of abuse or misuse of power for corruption or negativity must be prevented, detected, and dealt with strictly and promptly.
- Close and effective combination of mechanisms for inspection, supervision, and control of state power by the Vietnam Communist Party, State, and People; strictly implementing the principles of democratic centralism, accountability, transparency, and openness in each state agency.
- The scope of control must be comprehensive while focusing on key areas; control activities must respect and not hinder the normal operations of agencies, units, organizations, and individuals with authority in managing and using public finance and assets.
The 10 acts of corruption and negative act in public asset management and use are stipulated in Article 9 of Regulation 189-QD/TW in 2024:
(1) Leading, directing, advising, and issuing documents contrary to the policies and regulations of the Vietnam Communist Party and the laws of the State of Vietnam in investment, procurement, management, and use of public assets.
(2) Abusing or misusing position and authority to seize, retain, and unlawfully use public assets.
(3) Investing in construction, procuring, allocating, leasing, and using public assets not for the intended purposes, policies, or exceeding standards and norms.
(4) Allocating public assets to agencies, organizations, units, or individuals beyond standards, norms, or without actual need for use.
(5) Using public assets from gifts or donations by organizations and individuals not in line with intended purposes, policies, or exceeding standards and norms.
(6) Using or failing to use allocated public assets, leading to waste; using public assets for business, leasing, joint venture, and consortium activities inconsistent with the asset’s intended purpose, affecting the fulfillment of functions and tasks assigned by the Vietnam Communist Party, State of Vietnam; using public assets for illegal business activities.
(7) Handling public assets contrary to the provisions of law. Destroying or intentionally damaging public assets.
(8) Failing to perform or insufficiently performing responsibilities and obligations in managing and using public assets as prescribed by law.
(9) Non-compliance in managing planning, bidding, investing, constructing, managing, and using houses, land, resources, and assets of the Vietnam Communist Party and State.
(10) Other acts of corruption and negative act in managing and using public assets according to the policies, regulations of the Vietnam Communist Party and laws of the State of Vietnam.
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