Construction, Promulgation, and Implementation of Norms, Standards, and Policies in Agencies, Organizations, and Units

The newly promulgated Law on Anti-Corruption contains any Articles regarding the development, promulgation, and implementation of norms, standards, and policies within agencies, organizations or units? If so, how are these provisions specifically regulated?

On November 20, 2018, the National Assembly of the Socialist Republic of Vietnam, Session XIV, during its 6th meeting, passed the Law on Anti-Corruption No. 36/2018/QH14 (hereinafter referred to as the 2018 Anti-Corruption Law).

The 2018 Anti-Corruption Law regulates the prevention, detection of corruption; handling of corruption and other acts violating anti-corruption law.

According to the provisions of Article 18 of the 2018 Anti-Corruption Law (effective from July 1, 2019), the formulation, issuance, and implementation of standards, norms, and policies in agencies, organizations, and units are specifically stipulated as follows:

  1. State agencies, within the scope of their tasks and powers, have the following responsibilities:

- Formulate and issue standards, norms, and policies;

- Publicize the regulations on standards, norms, and policies;

- Implement and publicize the results of the implementation of the regulations on standards, norms, and policies.

  1. Political organizations, socio-political organizations, public service providers, and other organizations and units utilizing public finance, based on the provisions in Clause 1 of this Article, guide the application or cooperate with competent state agencies to formulate, issue, and publicize standards, norms, and policies applicable within their organization or unit, and to implement and publicize the results of the implementation of those standards, norms, and policies.

  2. Agencies, organizations, and units are not allowed to issue standards, norms, and policies that are against the law.

The above is our advisory opinion on the issue you are inquiring about.

Sincerely!

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