Full text of Regulation 131 of the Politburo on controlling power, preventing and combating corruption and negativity

Chapter I: GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. Regulations on power control, prevention and combat of corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and auditing activities.

2. Subjects of application are organizations (including Party committees, Party organizations, agencies, units), individuals with authority in inspection, supervision, enforcement of Party discipline and inspection and auditing activities; organizations and individuals being inspected, supervised, inspected, audited, and subject to Party discipline (hereinafter referred to as inspection subjects).

Article 2. Interpretation of terms

In this Regulation, the following terms are construed as follows:

1. The power in the work of inspection, supervision, enforcement of party discipline and in inspection and auditing activities is the authority of organizations and individuals in these works and activities according to the regulations of the Party and the State.

2. Controlling power, preventing and combating corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and auditing activities is the use of mechanisms and measures to ensure strict implementation of Party regulations, State laws, working regulations, regulations and professional procedures to prevent, detect, stop and handle violations, especially acts of abuse and exploitation of positions and powers in performing assigned duties and tasks.

3. Corruption in inspection, supervision, party discipline enforcement and in inspection and auditing activities is the act of a person in authority taking advantage of or abusing his or her assigned position and power for personal gain or other personal motives.

4. Negativity in inspection, supervision, party discipline enforcement and inspection and auditing activities is an act of degradation in political ideology, ethics, lifestyle, violation of regulations, rules, and professional procedures leading to actions that are not in accordance with Party regulations and State laws when performing inspection, supervision, party discipline enforcement, inspection, and auditing tasks.

5. Organizations and individuals leading, directing and implementing inspection, supervision, enforcement of party discipline and inspection and auditing activities are Party committees and organizations; agencies and leaders of inspection, supervision and audit agencies; inspection, supervision and enforcement of party discipline, inspection and auditing teams; leaders of agencies assigned with specialized inspection functions; cadres and Party members assigned with inspection, supervision, enforcement of party discipline, inspection and auditing tasks.

6. Family relations include wife (husband); father, mother, direct foster parent or father, mother, direct foster parent of wife (husband); biological children, adopted children, daughters-in-law, sons-in-law; biological brothers and sisters; biological brothers and sisters of wife (husband) as prescribed by law.

Article 3. Principles of controlling power, preventing and combating corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and auditing activities

1. Ensure the Party's centralized, unified, close and comprehensive leadership and direction over the work of inspection, supervision and enforcement of Party discipline; control by state agencies in inspection and auditing activities; supervision by elected bodies, the Vietnam Fatherland Front, socio-political organizations and the People in these activities.

2. There must be a mechanism to prevent and ensure that all powers are strictly controlled, and that authority must be linked to responsibility. Publicity and transparency must be linked to the accountability of agencies, organizations, and individuals with authority in the work of inspection, supervision, enforcement of party discipline, and inspection and auditing activities.

3. Ensure independence, objectivity, fully implement and strictly comply with working regulations, rules, inspection, supervision, party discipline enforcement, inspection and auditing procedures; build and implement a culture of integrity, no corruption, no negativity in performing tasks.

4. Timely detect, prevent and strictly handle acts of taking advantage of or abusing positions and powers, corruption and negativity in inspection, supervision, enforcement of party discipline and inspection and auditing activities.

5. Comply with the Party's policies and regulations and the State's laws.

Chapter II: CONTROL OF POWER, PREVENTION AND COMBAT OF CORRUPTION AND NEGATIVITY IN PARTY INSPECTION, SUPERVISION, DISCIPLINE ENFORCEMENT AND INSPECTION AND AUDIT ACTIVITIES

Article 4. Corrupt and negative acts in inspection, supervision, party discipline enforcement and in inspection and auditing activities

1. Bribery, receiving bribes, brokering bribes, bribing people with responsibilities, positions, powers or related people to reduce or avoid responsibility for the violator.

2. Providing or disclosing information, documents, and records of the inspected subject to organizations and individuals without authority or responsibility, especially information, documents, and records that are in the process of inspection, supervision, party discipline enforcement, or inspection and audit.

3. Receiving money, property, other material benefits or immaterial benefits, participating in entertainment activities of the inspected subject or a person related to the inspected subject.

4. Taking advantage of familiar relationships or using one's own advantages, work position, or reputation or that of others to influence, gain favor, or put pressure on the inspected subject or related organizations or individuals for personal gain or other personal motives.

5. Taking advantage of having internal information or unfavorable information of an organization or individual to set conditions or put pressure on the inspected subject, the person with authority or responsibility in performing the tasks of inspection, supervision, enforcement of party discipline, inspection, and auditing for personal gain or other personal motives.

6. Allowing people with family relationships to take advantage of their position and authority to manipulate and interfere in inspection, supervision, enforcement of party discipline, inspection, and auditing.

7. Putting forward personal intentions, setting out criteria, conditions, comments, and assessments that are imposed, incorrect in nature, or untrue to benefit or disadvantage the subject of inspection.

8. Confirming, commenting, evaluating, concluding and recommending that are not true or falsifying or distorting the content of the records, nature of the case, or violations of the inspected subject.

9. Agreeing or setting conditions with the inspected subject or a person related to the subject; improperly or incompletely implementing regulations to change or distort the results or conclusions of inspection, supervision, audit or investigation.

10. Not recommending or proposing to transfer to competent authorities for handling according to law when detecting cases with signs of crime; not recommending or directing, handling the recovery of material, or handling disciplinary actions according to authority for violations when conducting inspections, supervisions, audits.

11. Directing or providing false information or documents that have not been permitted to be published or failing to properly implement conclusions or recommendations on inspection, supervision, party discipline enforcement, inspection, and auditing.

12. Meeting, contacting, and exchanging with the inspected subject in violation of regulations; using inspection and verification documents for the wrong purpose.

13. Covering up, assisting, delaying or failing to conclude, failing to handle or concluding, handling incorrectly the content, nature, level of violation or failing to report to competent authorities for handling according to regulations for violating organizations and individuals.

14. Performing inspection, supervision, party discipline enforcement, inspection, and auditing tasks beyond authority; not in accordance with professional procedures, scope, subjects, content, and time as prescribed. Obstructing or illegally intervening in inspection, supervision, party discipline enforcement, inspection, and auditing.

15. Disclosing state secrets, professional secrets, harassing, causing difficulties, imposing, disrespectful attitudes, violating industry regulations, and illegally interfering in the activities of the inspected entity.

16. Failure to handle or failure to report to competent authorities for handling according to regulations upon receiving information, petitions, letters reflecting or denouncing the inspected subject.

17. Taking advantage of one's position, authority or using one's own and one's family's prestige and influence to suggest, influence, or put pressure on a person with the authority to decide or advise on conclusions of inspection, supervision, party discipline enforcement, inspection, or audit that are not true to the nature of the matter.

18. Influence competent persons to help the inspected subject obtain results or gain unjust benefits that affect the interests of the State, the interests of agencies, organizations or individuals.

19. Directly or indirectly supporting the inspected subject to perform acts to evade or reduce responsibility.

20. Failure to promptly change members of inspection, supervision, party discipline enforcement, inspection and audit teams when there is evidence that members are not impartial and objective in their work; failure to promptly direct and resolve difficulties and problems of the team.

21. Failure to promptly inspect, supervise, inspect, and audit organizations, agencies, units, and individuals showing signs of violations, and to submit petitions, letters of reflection, and denunciations that have been determined to have grounds.

22. Other acts of corruption and negativity as prescribed by the Party and the law.

Article 5. Responsibilities of Party committees, Party organizations, heads and members of Party committees and Party organizations

Not performing the acts specified in Article 4, and at the same time being responsible for:

1. For the Party Committee

1.1. Lead, direct, concretize and strictly implement Party regulations on inspection, supervision and enforcement of Party discipline; and legal regulations on inspection and auditing activities.

1.2. Direct the development, approval of plans and organization of inspection and supervision according to the plan; closely coordinate between the inspection and supervision team of the Party Committee and the inspection committee at a higher level in performing the tasks of inspection, supervision and enforcement of Party discipline.

1.3. Regularly lead, direct, inspect and supervise Party committees and organizations under their management; advisory and support agencies of Party committees and inspection committees of Party committees strictly implement Party regulations and instructions of superior Party committees and inspection committees; promptly correct limitations and shortcomings in inspection, supervision and enforcement of Party discipline.

1.4. Direct the implementation of measures to prevent and combat corruption and negativity; proactively detect and strictly handle violations in inspection, supervision and enforcement of party discipline.

2. For inspection committees at all levels

2.1. Direct the concretization or recommend competent authorities to issue, amend, and supplement regulations on inspection, supervision, and enforcement of party discipline. Clearly define the responsibilities of collectives and individuals in performing tasks, ensuring democracy, publicity, and transparency.

2.2. Regularly direct, guide, inspect, and supervise the Party Committee, Party organization, Party members of the organization and subordinates to fully implement the Party's regulations on inspection, supervision, and disciplinary enforcement. Promptly correct limitations and shortcomings, and handle violations according to authority.

2.3. Not arranging to monitor the area or field or participate in, direct inspection, supervision and disciplinary teams against people who have family relationships or rights and interests related to the inspected subject.

2.4. Transfer or change the job position of a person who has been in charge of or monitored an area or field for 2 to 5 years depending on the characteristics of the industry or field or when deemed necessary.

2.5. Timely protect and reward organizations and individuals who discover, reflect, and denounce violations in the work of inspection, supervision, and enforcement of party discipline.

3. For party organizations leading and directing inspection and auditing activities

3.1. Lead and direct the full and serious implementation of Party regulations, laws, programs, plans and professional procedures in inspection and auditing activities.

3.2. Direct or recommend competent authorities to issue, amend, and supplement regulations and procedures for inspection and auditing activities and other relevant regulations, ensuring control of power, preventing and combating corruption and negativity in inspection and auditing activities.

3.3. Coordinate with the Party Committee at the same level in self-inspection, promptly correct limitations and shortcomings and strictly handle violations in performing inspection and audit tasks.

3.4. Direct the protection and reward of organizations and individuals who detect, reflect, and denounce violations in inspection and auditing activities; regularly direct or coordinate the direction of inspection and supervision of party organizations, party members, cadres, and civil servants in agencies and units; promptly detect, prevent, handle, or recommend handling of violations in inspection and auditing activities.

3.5. Transfer or change the job position of a person who has been in charge of, monitored inspection and audit in a locality or field for 2 to 5 years depending on the characteristics of the industry or field or when deemed necessary.

4. For leaders, members of Party committees and organizations

4.1. Head of Party committee and organization

- Responsible for leading, directing, and implementing Party regulations and State laws; responsible for violations of regulations on power control, corruption, and negativity in inspection, supervision, and enforcement of Party discipline and in inspection and auditing activities.

- Convene fully and with the right composition, ensuring the principle of democratic centralism in discussing and deciding on issues within one's authority; do not mobilize, lead, manipulate, impose subjective opinions, influence, or pressure others to comment, evaluate, vote, or decide according to one's own will.

- Timely, honestly, objectively and fully report the opinions of the leadership team to competent authorities, especially on issues with different opinions.

- Publicly announce and conclude on inspection, supervision, party discipline enforcement and inspection and auditing activities according to regulations. Provide complete records and documents as required by competent authorities.

4.2. Party committee and organization members

- Comply with collective resolutions and decisions; share responsibility with the collective for decisions discussed and voted on. Make recommendations, propose and reserve opinions.

- Responsible for recommendations and proposals within assigned areas and fields.

- Responsible for violations related to power control, corruption, and negativity in the assigned area and field.

Article 6. Responsibilities of leaders, heads of inspection, auditing and auditing agencies and organizations and related individuals

Not performing the acts specified in Article 4, and at the same time being responsible for:

1. For the leaders of the inspection committee

1.1. Correctly and fully perform one's responsibilities and powers according to regulations and working rules. Timely, fully, accurately and honestly reflect to competent authorities the contents related to the field and area that the individual is assigned to be in charge of, manage and monitor. Clearly express one's opinions, take responsibility for one's opinions and reserve opinions.

1.2. Resolutely combat manifestations and actions that violate the Party's policies and regulations on inspection, supervision, and enforcement of Party discipline.

1.3. Responsible for proposals for inspection, supervision, and enforcement of party discipline, and for comments, assessments, and recommendations within the authority. Together with the collective, responsible for incorrect decisions and conclusions in inspection, supervision, and enforcement of party discipline (except in cases of disagreement with incorrect decisions and conclusions of the collective).

1.4. Voluntarily report to the Party Committee, Party organization, and agency leadership when having shares or relatives who have rights and interests related to the inspected subject.

1.5. Be responsible for any corruption, negativity, or violations by the assigned inspection, supervision, and disciplinary enforcement team.

2. For leaders of inspection and auditing agencies

2.1. Strictly implement the Party's policies and regulations and the State's laws in inspection and auditing activities.

2.2. Regularly inspect, promptly correct and take responsibility for violations and shortcomings in inspection and auditing activities within assigned authority.

2.3. Heads and leaders of agencies and units assigned to preside over inspections and audits:

- Lead and direct the correct, complete and strict implementation of the Party's policies and regulations, the State's laws, regulations and professional procedures in inspection and auditing activities; monitor, urge and inspect the implementation of inspection and auditing conclusions and recommendations according to authority.

- Regularly self-check to promptly correct and take responsibility for shortcomings and violations in inspection and auditing activities within assigned authority.

- Publicly and transparently disclose the contents of inspection and audit activities to relevant organizations and individuals according to regulations.

- Issue or recommend competent authorities to issue, amend, supplement, replace, or abolish legal regulations and professional procedures in inspection and auditing activities to ensure control of power and prevent and combat corruption and negativity.

- Take responsibility for corruption, negativity, and violations of the assigned inspection and audit team.

3. For inspection, supervision, party discipline enforcement, inspection and audit teams

3.1. Delegation members

- Voluntarily report to the party organization, agency or unit leaders and request not to be a member of the delegation when: Having rights and interests related to the inspection subject; having family relationships with the inspection subject or being a member of the delegation.

- Strictly comply with the Party's policies and regulations on inspection, supervision, enforcement of Party discipline and laws on inspection and auditing activities; regulations of the industry, agency, organization and unit in which one works.

- Strictly implement the decisions, plans, and assignments of the delegation; promptly report to the delegation head or the leader of the agency, unit, or competent authority when detecting acts of corruption or negativity in the delegation's activities.

- Responsible for the accuracy and correctness of the content of assigned work reports and reserve your own opinions.

- Do not accept material gifts and non-material benefits from the inspected subjects, agencies, organizations and individuals related to inspection, supervision, party discipline enforcement and inspection and auditing activities in any form.

3.2. Head of delegation

In addition to implementing the provisions in Section 3.1, the head of the delegation is also responsible to the Party Committee, Party organization, head of the competent agency, organization, or unit for:

- The operation of the delegation is in accordance with the Party's policies and regulations, the State's laws and the rules, regulations and procedures of the industry and agency.

- The correctness and accuracy of the contents of inspection, supervision, party discipline enforcement, inspection, audit; the proposals and recommendations of the delegation.

- Take primary responsibility for corruption and negativity in the delegation when performing the tasks of inspection, supervision, party discipline enforcement, inspection and auditing.

4. For staff working in advisory positions

In addition to strictly complying with the Party's policies and regulations and the State's laws on inspection, supervision, party discipline enforcement, inspection, auditing and regulations, rules and procedures of agencies and units, they must also:

- Voluntarily report to the Party organization, agency or unit leaders when having family relationships with the head of the locality or field, or having shares in the assigned enterprise to monitor and be in charge of.

- Responsible for recommendations and proposals for assigned fields and areas to monitor and be in charge of.

- Do not accept material gifts and immaterial benefits from agencies, organizations, and individuals in the area or field you are assigned to monitor and be in charge of in any form.

Article 7. Responsibilities of other organizations and individuals

1. Party committees, party organizations, collective leadership and heads of localities, agencies and units that are subject to inspection within the scope of their tasks and powers are responsible for:

1.1. Do not carry out requests or demands that are outside the scope of inspection, supervision, party discipline enforcement, inspection, and auditing. Timely detect, receive information for handling or report to relevant agencies about acts of corruption, negativity or acts of covering up or assisting corruption, negativity while being inspected, supervised, inspected, audited, or subject to party discipline enforcement.

1.2. Provide timely, complete and accurate information and documents and strictly comply with the requests of competent agencies and organizations during the process of being inspected, supervised, audited, and subject to party discipline.

1.3. Timely protect and reward organizations and individuals who discover, reflect, and correctly denounce acts of corruption, negativity, or acts of covering up or assisting corruption and negativity; strictly handle those who make false accusations that affect the reputation and honor of organizations and individuals.

1.4. The following acts are strictly prohibited:

- Illegally intervening in inspection, supervision, party discipline enforcement, inspection and auditing activities; taking advantage of one's influence to influence those performing inspection, supervision, party discipline enforcement, inspection and auditing tasks.

- Establishing relationships to bribe or buy off people with responsibilities, positions, powers or related people for the purpose of escaping punishment or evading responsibility for the violator.

- Taking advantage of one's position, authority or using one's own and one's family's prestige and influence to suggest, influence, or put pressure on a person in authority to decide or advise, propose, comment, evaluate, or vote on conclusions or decisions on inspection, supervision, party discipline enforcement, inspection, or audit that are not true to the nature of the matter.

- Reporting false, dishonest, incomplete, untimely or lacking objectivity information related to inspection, supervision, party discipline enforcement, inspection and auditing.

- Other corrupt and negative acts related to inspection, supervision, party discipline enforcement, inspection and auditing.

2. The Vietnam Fatherland Front Committee, socio-political organizations, elected bodies at all levels, and citizens, if discovering acts of corruption, negativity, cover-up, or abetting corruption and negativity, must promptly make recommendations to competent organizations and individuals for handling in accordance with regulations.

3. Officials and party members are responsible for handling information reflecting and denouncing corruption, negativity, covering up, and assisting corruption and negativity in order to promptly report and coordinate with competent authorities to handle corrupt and negative acts.

4. Information and communication agencies promote their roles and responsibilities in controlling power, preventing and combating corruption and negativity in inspection, supervision, enforcement of party discipline and in inspection and auditing activities.

Chapter III: HANDLING OF VIOLATIONS

Article 8. Handling of acts of taking advantage of, abusing position, power, abuse of power, corruption, and negativity

1. Promptly review and strictly enforce disciplinary measures according to Party regulations against Party committees, Party organizations, and Party members who commit acts of corruption, negativity, cover-up, or abetting corruption and negativity in inspection, supervision, and Party discipline enforcement, and in inspection and auditing activities. In cases where violations are not serious enough to warrant disciplinary action, self-criticism must be taken, measures must be taken to correct violations and shortcomings, and a commitment must be made not to re-offend.

2. Party members, cadres, civil servants and public employees (including those who have transferred jobs or retired) who violate the contents stated in Article 4 of this Regulation shall be handled according to current regulations. In addition, individuals currently working shall also be subject to the following handling measures:

2.1. Suspension from work and position, not assigned to do staff work, professional work on inspection, supervision, party discipline enforcement, inspection, and auditing.

2.2. Not planning, mobilizing, rotating, appointing, reappointing, conferring, promoting ranks, recommending for election, running for equivalent or higher positions, recognizing positions, conferring titles, or rewarding according to Party regulations and State laws.

2.3. Cancel or revoke conclusions and decisions issued incorrectly regarding inspection, supervision, party discipline enforcement, and inspection and auditing activities (if there are violations regarding authority, subjects, content, recommendations, proposals, and decisions on forms of disciplinary action against the party, government, or organizations).

3. For violations that require criminal prosecution, the case must be promptly transferred to the competent authority for consideration and handling in accordance with the provisions of law; it is strictly forbidden to retain the case for administrative or internal handling.

4. Competent agencies, organizations and individuals must promptly and properly handle information reflecting and denouncing acts of corruption, negativity, cover-up and abetting corruption and negativity in inspection, supervision, enforcement of Party discipline and in inspection and auditing activities.

Article 9. Handling of responsibilities when corruption and negativity occur

1. For organizations

1.1. Strictly discipline Party committees and Party organizations that violate this Regulation according to Party regulations and State laws.

1.2. Disciplined Party committees and organizations must consider the responsibility of the heads, members of the Party committees, organizations, and members of the relevant leadership collective; promptly replace and assign other work to those who no longer have enough prestige to lead the agency or unit.

2. For leaders of Party committees, party organizations, agencies and units

2.1. Take primary responsibility and be considered and disciplined according to Party regulations when violating Article 4 of this Regulation, allowing corruption and negativity to occur in their agency or unit.

2.2. Consideration for exemption or reduction of liability in the following cases:

- Unable to know or apply necessary measures to prevent and stop corruption and negativity in inspection, supervision, party discipline enforcement and in inspection and auditing activities.

- Have applied necessary measures to prevent and overcome the consequences of corruption and negative acts or promptly detect, proactively report and handle corruption and negative acts.

- Proactively request to resign from position before competent authorities detect and handle, except in cases of criminal prosecution.

Chapter IV: IMPLEMENTATION PROVISIONS

Article 10. Implementation

1. The Central Inspection Committee, the Party Committee of the Government Inspectorate, the Party Committee of the State Audit, the provincial and municipal Party Committees directly under the Central Government and relevant Party committees and organizations shall lead and direct the dissemination, development of programs and plans to seriously and effectively implement this Regulation.

2. The Central Inspection Committee shall preside over and coordinate with the Central Internal Affairs Committee, the Party Committee of the Government Inspectorate, the Party Committee of the State Audit, the Party Delegation of the Vietnam Fatherland Front and socio-political organizations to monitor, urge, inspect and supervise the implementation of the Regulation; handle disciplinary actions, propose disciplinary actions against groups and individuals violating the Regulation; periodically review, summarize and report to the Politburo and the Secretariat.

Article 11. Entry into force

This regulation takes effect from the date of signing and dissemination to Party cells. During the implementation process, if there are any problems or need for amendments or supplements, it shall be reported to the Politburo (through the Central Inspection Committee) for consideration and decision.