THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 120/2006/ND-CP
Hanoi, October 20, 2006
 
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ANTI-CORRUPTION LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Anti-Corruption Law;
At the proposal of the Inspector General,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Decree details and guides the implementation of a number of articles of the Anti-Corruption Law regarding corruption acts; publicity and transparency in activities of agencies, organizations and units; information and reporting regimes; regimes of examination and inspection of the observance of the law on corruption prevention and fighting; denunciations and settlement of denunciations about corruption acts; formulation and implementation of regimes, norms and criteria; international cooperation on corruption prevention and fighting and a number of other provisions of the Anti-Corruption Law.
Article 2.- Determination of corruption acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 3 of the Anti-Corruption Law
The corruption acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 3 of the Anti-Corruption Law are determined in accordance with the 1999 Penal Code.
Article 3.- Determination of corruption acts specified in Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti-Corruption Law
The corruption acts specified in Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti-Corruption Law are determined as follows:
1. Acts of offering bribes, bribe brokerage by persons with positions and powers to settle affairs of agencies, organizations, units or localities for self-seeking interests include the following acts:
a/ Offering bribes, bribe brokerage in order to receive mechanisms, policies beneficial to agencies, organizations, units or localities;
b/ Offering bribes, bribe brokerage in order to be given priority in budget allocation to agencies, organizations, units or localities;
c/ Offering bribes, bribe brokerage in order to have projects assigned to, or approved for, agencies, organizations, units or localities;
d/ Offering bribes, bribe brokerage in order to have emulation titles, honorable state titles awarded to collectives and individuals in agencies, organizations, units or localities;
e/ Offering bribes, bribe brokerage in order to have organization or state payroll quotas allocated to, or approved for, agencies, organizations, units or localities;
f/ Offering bribes, bribe brokerage in order to be not examined, inspected, investigated or audited or to distort the examination, inspection, investigation or auditing results with a view to covering up law-breaking acts;
g/ Offering bribes, bribe brokerage in order to receive other interests for agencies, organizations, units or localities.
2. Taking advantage of positions or powers to illegally use state properties for self-seeking interests cover the following acts:
a/ Using state properties for personal purposes;
b/ Leasing state properties, lending state properties;
c/ Using state properties in excess of regimes, norms, criteria.
3. Acts of harassment for self-seeking interests mean acts of authoritarianism, causing difficulties or troubles when performing tasks or official duties with a view to demanding or compelling citizens, enterprises, organizations and other individuals to pay expenses against regulations or to perform other acts for the interests of the persons who commit acts of harassment.
4. Acts of failing to perform tasks or official duties for self-seeking interests are acts of deliberately failing to fulfill the responsibilities prescribed for persons with powers or positions by law in the prevention, detection or handling of law offenses or failing to strictly observe the order, procedures and time limits prescribed for their tasks or official duties for self-seeking interests.
5. Taking advantage of positions or powers to cover up law violators for self-seeking interests; illegally hindering, intervening in the examinations, inspections, audits, investigations, prosecutions, adjudications or judgment executions for self-seeking interests cover the following acts:
a/ Using one's positions, powers or influence to cover up or help lessen law-breaking acts of other persons;
b/ Using one's positions, powers or influence to cause difficulties to the examinations, inspections, audits, investigations, prosecutions, adjudications or judgment executions or to distort the results of the above activities.
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