Is there Regulation 131-QD/TW of 2023 on controlling power and preventing corruption in inspection, examination and audit in Vietnam?

Is there Regulation 131-QD/TW of 2023 on controlling power and preventing corruption in inspection, examination and audit in Vietnam?

On October 27, 2023, the Politburo issued Regulation 131-QD/TW 2023 on controlling power, preventing corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and audit activities.

According to Regulation 131-QD/TW 2023 stipulates principles for controlling power, preventing corruption and negativity in enforcing party discipline and inspection and auditing activities as follows:

- Ensure the Party's centralized, unified, strict and comprehensive leadership and direction for inspection, supervision and enforcement of party discipline;

- Control of state agencies in inspection and audit activities; Supervision by elected bodies, the Vietnam Fatherland Front, socio-political organizations and the People in these activities.

- There are mechanisms to prevent and ensure that all power is strictly controlled, and authority must be associated with responsibility. Publicity and transparency are associated with the accountability of agencies, organizations and competent persons in inspection, supervision, enforcement of party discipline and inspection and auditing activities.

- Ensure independence, objectivity, fully implement and strictly comply with working regulations, regulations, inspection and supervision procedures, enforce party discipline, inspection and audit; Build and implement a culture of integrity, no corruption or negativity in performing tasks.

- Timely detect, prevent and strictly handle acts of taking advantage of, abusing positions and powers, corruption and negativity in inspection, supervision, enforcement of party discipline and inspection activities, audit.

- Comply with the Party's policies and regulations and the State's laws.

Is there Regulation 131-QD/TW of 2023 on controlling power and preventing corruption in inspection, examination and audit in Vietnam? (Image from the Internet)

What is settlement for cadres, civil servants, and public employees who commit corrupt or negative acts in inspection, examination and audit in Vietnam?

In Article 8, Regulation 131-QD/TW 2023 stipulates that cadres, civil servants and public employees who commit corrupt and negative acts in inspection, inspection and auditing work will be handled as follows:

In case the violation is not serious enough to require disciplinary action, you must self-criticize, take measures to correct the violation and shortcomings, and commit not to repeat the violation.

- Party members, cadres, civil servants, and public employees (including those who have transferred jobs or retired) who commit violations will be handled according to current regulations.

In addition, working individuals are also subject to the following handling measures:

+ Suspension of work, position, not assigned to do advisory and professional work on inspection, supervision, enforcement of party discipline, inspection and audit.

+ Do not plan, mobilize, rotate, appoint, reappoint, bestow, promote positions, introduce elections, run for equivalent or higher positions, recognize titles, confer titles, Reward and reward according to Party regulations and State laws.

+ Cancel or revoke incorrectly issued conclusions and decisions on inspection, supervision, enforcement of party discipline and inspection and auditing activities (if violating authority, subject, content, recommendations, proposals, and decisions on forms of disciplinary action against the party, government, and unions).

- For violations that require criminal prosecution, the file must be promptly transferred to the authorities for review and handling according to the provisions of law; retention for administrative or internal processing is strictly prohibited.

- Competent agencies, organizations, and individuals must promptly resolve in accordance with the Party's regulations and State laws on information reporting and denouncing corrupt, negative, cover-up, and abetting acts in inspection, supervision, enforcement of party discipline and in inspection and auditing activities.

What are 03 cases of corrupt and negative acts in inspection, examination and audit considered to be exempted from liability in Vietnam?

In Article 9, Regulation 131-QD/TW 2023 deals with responsibilities when corruption and negativity occur as follows:

Handle responsibility when corruption and negativity occur

1. For organizations

1.1. Strict disciplinary action shall be taken according to Party regulations and State laws for party committees and organizations that violate this Regulation.

1.2. Disciplined party committees and organizations must consider the responsibilities of the heads and members of party committees, party organizations, and members of the relevant leadership collective; promptly replace and arrange other jobs in cases where the leadership of an agency or unit is no longer reputable.

2. For leaders of party committees, party organizations, agencies and units

2.1. Take main responsibility and be reviewed and disciplined according to Party regulations when violating Article 4 of this Regulation, allowing corruption and negativity to occur in your agency or unit.

2.2. Considered exemption or reduction of liability in the following cases:

- Unable to know or have applied necessary measures to prevent corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and audit activities.

- Have applied necessary measures to prevent and overcome the consequences of corrupt and negative acts or promptly detect, proactively report and handle corrupt and negative acts.

- Proactively request to quit holding a position or resign before being detected and handled by competent authorities, except in cases of criminal prosecution.

Thus, 03 cases of corrupt and negative acts in inspection, inspection and auditing work that are considered for exemption from liability in Vietnam include:

(1) It is impossible to know or have applied necessary measures to prevent and stop corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and audit activities.

(2) Necessary measures have been applied to prevent and overcome the consequences of corrupt and negative acts or promptly detect, proactively report and handle corrupt and negative acts.

(3) Proactively request to quit holding a position or resign before being discovered and handled by competent authorities, except in cases of criminal prosecution.

Best regards!