| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 107/2006/ND-CP | Hanoi, September 22, 2006 |
DECREE
DEFINING RESPONSIBILITIES OF HEADS OF AGENCIES, ORGANIZATIONS AND UNITS FOR CORRUPTION OCCURRING IN THEIR AGENCIES, ORGANIZATIONS OR UNITS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Anti-Corruption Law;
Pursuant to the December 21, 1999 Penal Code;
Pursuant to the February 26, 1998 Ordinance on Cadres and Civil Servants; the April 28, 2000 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Cadres and Civil Servants; and the April 29, 2003 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Cadres and Civil Servants;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree defines responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units.
Article 2.- Subjects of application
1. This Decree applies to heads of agencies, organizations and units within state bodies, political organizations, socio-political organizations, people's armed forces units, non-business units, state enterprises, and other agencies, organizations and units that use state budget and property.
2. Deputy heads of agencies, organizations and units defined in Clause 1 of this Article shall also be responsible for corruption occurring in the working domains or units under their assigned management.
Article 3.- Severity of corruption cases
1. The severity of corruption cases shall serve as a basis for defining responsibilities of heads and deputy heads of agencies, organizations and units.
2. Corruption cases shall be classified based on the extent of their severity as follows:
a/ Less serious corruption case means a case in which a person commits an act of corruption which is not serious enough for examination of penal liability or is subject to penal liability examination and a penalty in the form of non-custody re-education of up to 3 years or imprisonment of up to 3 years;
b/ Serious corruption case means a case in which a person committing an act of corruption is subject to imprisonment of between 3 and 7 years;
c/ Very serious corruption case means a case in which a person committing an act of corruption is subject to imprisonment of between 7 and 15 years;
d/ Particularly serious corruption case means a case in which a person committing an act of corruption is subject to imprisonment of at least 15 years, life imprisonment or death penalty.
Article 4.- Principles for handling heads and deputy heads of agencies, organizations and units
1. Heads or deputy heads of agencies, organizations or units who are directly responsible for acts of corruption committed in their agencies, organizations or units shall be disciplined under the provisions of this Decree or shall, if there exist full elements of a crime, be examined for penal liability according to the provisions of law.
2. Heads of agencies, organizations or units who are jointly responsible for acts of corruption committed in their agencies, organizations or units shall be disciplined according to the provisions of this Decree.
3. Where a corruption case involves many agencies, organizations or units, apart from agencies, organizations or units where the corruption case occurs, heads or deputy heads of the involved agencies, organizations or units having violators shall also be jointly responsible therefor according to the provisions of this Decree.
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