Procedures for handling information and reporting conflicts of interest in Vietnam

Procedures for handling information and reporting conflicts of interest in Vietnam (Internet image)

Procedures for handling information and reporting conflicts of interest in Vietnam

Currently, the handling of information and reports on conflicts of interest of people with positions and powers is regulated in Decision 457/QD-TTCP of 2023 announcing internal administrative procedures between State administrative agencies within the scope of management functions of the Government Inspectorate of Vietnam.

(1) Procedure for processing information and reporting on conflicts of interest:

- Step 1: Identify cases of conflicts of interest

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.

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- Step 2: Information and reporting on conflicts of interest

+ Persons with positions and powers who, when assigned work or in the process of performing tasks or public duties, know or are forced to know that the assigned tasks or public duties have a conflict of interest must report in writing to the person directly managing and using them for consideration and handling according to regulations.

+ Agencies, organizations, units, and individuals, when detecting conflicts of interest among people with positions and powers, must inform and report in writing to the person directly managing and employing that person for consideration and handling.

+ Information and reports on conflicts of interest are made within 05 working days from the date of knowing or discovering that the assigned task or official duty has a conflict of interest with the person assigned the task or official duty. Information and reports on conflicts of interest are expressed in writing and clarify the following contents: Situations with conflicts of interest; when the conflict of interest occurred and became known or discovered; The degree to which it affects or will improperly affect the performance of duties and official duties of persons holding positions and powers; Suggest or recommend measures to control conflicts of interest.

- Step 3: Process information and report on conflicts of interest

+ Heads of agencies, organizations, and units that manage and employ people with positions and powers have the authority to receive and process information and report on conflicts of interest. Within 05 working days from the date of receiving the information and report, the head of an agency, organization, or unit decides or requests that the person with authority to manage that person apply one of the measures to control conflicts of interest specified in Articles 32, 33, and 34 of Decree 59 or handle them according to the provisions of law.

+ Within 05 working days from the date of processing information and reporting on conflicts of interest, agencies and organizations must notify in writing the person with the conflict of interest and the agency, organization, unit or individual with information and reports on the conflict of interest.

(2) Implementation method: At agencies and units.

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

(4) Resolution time: Within 05 working days from the date of processing information and reports on conflicts of interest, agencies, organizations, and the unit handling information and reporting conflicts of interest must notify in writing the person with the conflict of interest and the agency, organization, unit, or individual with information and reports on the conflict of interest.

(5) Subjects carrying out administrative procedures: Agencies, organizations, and units in 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 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; and individuals involved in preventing and combating corruption.

(6) Agency handling administrative procedures: Heads of agencies, organizations, and units in 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 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.

(7) Results of implementing administrative procedures: information documents and reports on conflicts of interest.

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

Duong Chau Thanh

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