Inspection, Audit, and Handling of Legal Violations on Norms, Standards, and Policies within Agencies, Organizations, and Units

The law stipulates that agencies, organizations, and units must develop, promulgate, and implement norms, standards, and policies. So, in the event of a legal violation concerning norms, standards, and policies within an agency, organization, or unit, how are inspections, audits, and the handling of violations regulated to be carried out?

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

The Anti-Corruption Law 2018 prescribes the prevention and detection of corruption; handling of corruption and other acts in violation of the anti-corruption law.

According to the provisions in Article 19 of the Anti-Corruption Law 2018 (effective from July 1, 2019), the development, issuance, and implementation of norms, standards, and policies within agencies, organizations, and units are specifically stipulated as follows:

  1. Agencies, organizations, and units, within the scope of their tasks and powers, inspect and audit the compliance with regulations on norms, standards, and policies and promptly handle individuals who commit violations.

  2. Individuals who violate the regulations on norms, standards, and policies must be dealt with according to the provisions in Article 94 of the Anti-Corruption Law 2018 and are responsible for compensation as follows:

- Individuals permitting the use contrary to the regulations on norms, standards, and policies must reimburse the value portion they allowed to be used contrary to the regulations and compensate for damages; individuals using contrary to the regulations on norms, standards, and policies are jointly liable for compensation with those who permitted the use contrary to the regulations on norms, standards, and policies;

- Individuals who unilaterally use contrary to the regulations on norms, standards, and policies must reimburse the value portion they used contrary to the regulations and compensate for damages.

The above is our consultative opinion regarding the issue you are inquiring about.

Respectfully!

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