Decree No. 90/2013/ND-CP dated August 08, 2013 of the Government on the analyzing responsibilities of state agencies on the implementation of appointed tasks and powers

THE GOVERNMENT

Decree No. 90/2013/ND-CP of August 8, 2013, stipulating the accountability of state agencies in performance of assigned tasks and exercise of vested powers

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Law No. 55/2005/QH11 on Anti-Corruption, which was amended and supplemented under Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

At the proposal of the Inspector-General of the Government,

The Government promulgates this Decree stipulating the accountability of state agencies in performance of assigned tasks and exercise of vested powers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the conditions for receiving explanation requests; rights and obligations of explanation requesters and makers; the order and procedures for making explanations and responsibilities of related agencies, organizations and individuals in implementation of regulations on accountability.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. State administrative agencies, public non-business units of state administrative agencies and competent persons in the implementation of accountability.

2. State agencies, political organizations, socio-political organizations, social organizations, socio-political-professional organizations, socio-professional organizations, and economic organizations; foreign organizations lawfully established and operating in Vietnam; and Vietnamese citizens and foreigners currently residing or working in Vietnam that request for explanation.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Explanation means that a state agency provides, explains and clarifies information on performance of assigned tasks and exercise of vested powers and its responsibilities in such performance and exercise.

2. Explanation requester means an agency, organization or individual that requests a state agency or competent person to explain about contents related to performance of its/his/her tasks and obligations.

3. Explanation maker means the head of a state agency or his/her authorized person who makes explanations.

Article 4. Principles of implementation and application of laws on accountability

1. The implementation of accountability complies with the following principles:

a/ Ensuring publicity, transparency, adequacy, timeliness and intra vires;

b/ Protecting the rights and legitimate interests of the State, organizations and individuals.

2. In case other legal documents provide accountability, such legal documents apply.

Article 5. Contents falling beyond accountability

1. Explanation makers are not responsible for explaining about the following contents:

a/ Information related to state secrets;

b/ Contents related to the direction and organization of performance of tasks and official duties within state agencies; and the direction and management by superior administrative agencies toward subordinate administrative agencies;

c/ Information on personal secrets;

d/ Information on business secrets;

dd/ Contents already explained or settled by competent agencies;

2. Explanation requests which are made 90 days after agencies, organizations or individuals receive state agencies’ decisions or acts or know that such decisions or act directly impact their rights and legitimate interests.