Jurisdiction for Issuing the Code of Conduct for Individuals with Positions of Authority in Agencies, Organizations, Units

I would like to ask how the authority to issue codes of conduct for individuals with positions and powers within agencies, organizations, and units in the field of anti-corruption is specifically stipulated by the most recent laws in this area?

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

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

According to the provisions of Article 21 of the Anti-Corruption Law 2018 (effective from July 1, 2019), the authority to issue codes of conduct for persons holding positions and powers in agencies, organizations, and units is specifically regulated as follows:

  1. Ministers, Heads of Ministry-level agencies, Heads of agencies under the Government of Vietnam, the Chairpersons of the Office of the President, and the Chairpersons of the National Assembly issue codes of conduct for persons holding positions and powers in the agencies, sectors, and fields under their management.

  2. The Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and the Auditor General of the State Audit issue codes of conduct for persons holding positions and powers in the sectors under their management.

  3. The Minister of Home Affairs issues codes of conduct for persons holding positions and powers in the local governmental apparatus.

  4. Central agencies of political organizations and socio-political organizations issue codes of conduct for persons holding positions and powers within their organizations.

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

Respectfully!

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