Procedures for suspending the performance of assigned tasks by people with conflicting interests in Vietnam

Procedures for suspending the performance of assigned tasks by people with conflicting interests in Vietnam (Internet image)

Procedures for suspending the performance of assigned tasks by people with conflicting interests in Vietnam

The content is mentioned in Decision 457/QD-TTCP of 2023, announcing internal administrative procedures between State administrative agencies within the scope of the management functions of the Government Inspectorate.

Specifically guide procedures for suspending the performance of assigned tasks and public duties of people with conflicts of interest; Temporarily transfer a person with a conflict of interest to another position as follows:

(1) Implementation order:

- Temporary suspension from performing duties and official duties of a person with a conflict of interest; temporary transfer of people with conflicts of interest to other positions is carried out when there are grounds to believe that allowing that person to perform duties, official duties, or continue to hold that position will not ensure objectivity and transparency in the activities of the agency, organization, or unit.

- suspending the performance of duties and official duties and temporarily transferring people with conflicts of interest to other positions are implemented according to the provisions of Section 3 of Chapter VI of Decree 59/2019/ND-CP and other provisions of the law on cadres, civil servants, public employees, and labor law.

(2) Implementation method: not specified.

(3) Components and quantity of documents: not specified.

(4) Time limit for resolution: not specified.

(5) Subjects carrying out administrative procedures:

Agencies, organizations, and units of the state sector, including: State agencies, political organizations, socio-political organizations, people's armed units, public service units, state-owned enterprises and organizations, other units established by the State, invested in facilities, allocated all or part of the operating budget, directly managed or participated in the management by the State; people with positions and powers working at agencies, organizations, units of the state sector, and other agencies, organizations, and individuals involved in preventing and combating corruption.

(6) Agency handling administrative procedures:

Heads of agencies, organizations, and units of the state sector, including: state agencies, political organizations, socio-political organizations, people's armed units, public service units, State-owned enterprises, and other organizations and units established by the State, invested in facilities, allocated all or part of their operating funds, and directly managed or participated in by the State; people with positions and powers working at agencies, organizations, units of the state sector, and other agencies, organizations, and individuals involved in preventing and combating corruption.

(7) Results of implementing administrative procedures: Decision to temporarily suspend the performance of assigned duties and official duties of the person with a conflict of interest; Temporarily transfer people with conflicts of interest to another position.

(8) Fees and charges: not specified.

(9) Name of application form and declaration form: not specified.

(10) Requirements and conditions for implementing administrative procedures:

A person with positions and powers is determined to have a conflict of interest when there are clear signs that he or she belongs to or will fall into one of the following cases:

- Receive money, property, or other benefits from agencies, organizations, units, and individuals related to work handled by them or under their management;

- Establish, participate in the management and operation of private enterprises, limited liability companies, joint stock companies, partnerships, and cooperatives, unless otherwise prescribed by law;

- Advise other businesses, organizations, and individuals domestically and abroad on work related to state secrets, work secrets, or work under the authority to resolve or participate in solving;

- Using information obtained through your position and authority for personal gain or to serve the interests of other organizations or individuals;

- Arrange your spouse, father, mother, child, brother, sister, or sibling to hold management positions in human resources organizations, accounting, or as treasurers or storekeepers in the agency, organization, or unit. or transact, buy and sell goods and services, sign contracts for agencies, organizations, or units of which you are the head or deputy head;

- Contribute capital to an enterprise operating within the scope of the industry or occupation under which you directly perform state management, or let your spouse, father, mother, or child do business within the scope of industries and occupations under which they directly perform state management;

- Sign a contract with a business owned by a spouse, father, mother, child, brother, or sister, or let the business be owned by a spouse, father, mother, child, brother, or sister. Siblings participate in bidding packages for their agency, organization, or unit when assigned to carry out transactions, buy and sell goods and services, and sign contracts for that agency, organization, or unit;

- Have a spouse, father, mother, child, brother, sister, or sibling who has rights and interests directly related to the performance of their duties and official duties;

- Interferor improperly influencing the activities of competent agencies, organizations, units, and individuals for personal gain.

More details can be found in Decision 457/QD-TTCP in 2023.

Duong Chau Thanh

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