CHAPTER I - GENERAL PROVISIONS
Article 1. Scope of regulation and applicable subjects
1. This regulation provides for the control of power, prevention and combat of corruption and negativity in investigation, prosecution, trial (hereinafter referred to as litigation activities), execution of judgments and other activities related to investigation, prosecution, trial, execution of judgments (hereinafter referred to as other related activities).
2. This regulation applies to Party committees, Party organizations, Party members, competent agencies, organizations and individuals (collectively referred to as competent agencies, organizations and individuals) in leading, directing and implementing litigation activities, execution of judgments and other related activities according to Party regulations and State laws.
Panorama of the closing session of the 8th Central Conference, Session XIII, morning of October 8, 2023. Photo: Phuong Hoa/VNA
Article 2. Interpretation of terms
In this Regulation, the following terms are construed as follows:
1. Litigation and judgment enforcement activities include: Receiving and handling information about crimes, initiating, investigating, prosecuting, and trying criminal cases; resolving administrative cases, civil cases, and bankruptcy cases; considering and deciding on the application of administrative measures in court; enforcing court judgments and decisions according to the provisions of the law on criminal, administrative, civil, bankruptcy proceedings, handling of administrative violations, and judgment enforcement.
2. Other activities related to litigation and judgment enforcement (other related activities) include: Appraisal, asset valuation, bidding, auction; notarization, authentication; interpretation, translation; defense, legal aid, protection of the legitimate rights and interests of victims and litigants; mediation, dialogue in court; bailiff, coordination in enforcement of judgments, consideration of amnesty; judicial assistance and other international cooperation; settlement of petitions, reflections, complaints, denunciations; protection of whistleblowers, witnesses, victims and other participants in litigation.
3. Power in litigation and execution activities is the authority of agencies, organizations and individuals in leading, directing and implementing litigation and execution activities and other related activities according to Party regulations and State laws.
4. Taking advantage of one's position and power in litigation and judgment enforcement activities is the act of an agency, organization or person with authority in leading, directing and implementing litigation and judgment enforcement activities and other related activities for personal gain or other personal motives, taking advantage of one's assigned position and power to act against official duties (not performing the assigned tasks or duties) in leading, directing and implementing litigation and judgment enforcement activities and other related activities.
5. Abuse of position and power in litigation and judgment enforcement activities is the act of an agency, organization or person with authority in leading, directing and implementing litigation and judgment enforcement activities and other related activities for personal gain or other personal motives, using position and power to do things beyond the scope of assigned position and power.
6. Abuse of power in litigation and judgment enforcement activities is the act of an agency, organization or person with authority in leading, directing, and implementing litigation and judgment enforcement activities and other related activities for personal gain or other personal motives that exceeds the assigned authority, and violates public duties in leading, directing, and implementing litigation and judgment enforcement activities and other related activities.
7. Corruption in litigation and judgment enforcement activities is the act of a person holding a position and authority in leading, directing, and implementing litigation and judgment enforcement activities and other related activities who has taken advantage of, abused his or her position and authority, and abused his or her power for personal gain.
8. Negativity in litigation and execution activities is an act of degradation in political ideology, ethics, lifestyle, violation of regulations, rules, professional procedures, ethical standards, codes of conduct, and improper implementation of the Party's policies and regulations and the State's laws.
9. Controlling power, preventing and combating corruption and negativity in litigation and execution activities is the use of mechanisms and measures to ensure strict implementation of the Party's policies and regulations, the State's laws, principles, working regulations, regulations, professional processes, ethical standards, codes of conduct; preventing, detecting, stopping and handling violations, taking advantage of, abusing positions and powers, abusing power, corruption, negativity in litigation, execution activities and other related activities.
10. Family relations include spouse; biological parents, adoptive parents, direct caregivers; biological parents, adoptive parents, direct caregivers of spouse; biological children, adopted children, daughters-in-law, sons-in-law; biological brothers and sisters; biological brothers and sisters of spouse.
11. Relatives include people with family relationships; paternal grandparents; paternal great-grandparents; paternal uncles, paternal aunts, paternal aunts, paternal nieces and nephews.
Article 3. Principles of controlling power, preventing and combating corruption and negativity in litigation and execution activities
1. Ensure the centralized, unified, close and comprehensive leadership and direction of the Party; the supervision of agencies and elected representatives, the Vietnam Fatherland Front, law enforcement agencies, socio-political organizations and the People over litigation activities, execution of judgments and other related activities according to Party regulations and State laws.
2. Ensure that all power is strictly controlled by mechanisms and bound by responsibilities. With power comes responsibility; the higher the power, the greater the responsibility.
3. Ensure independence, objectivity, compliance with laws, regulations, working rules, professional processes, ethical standards, and codes of conduct of agencies, organizations, and competent persons in litigation, execution of judgments, and other related activities.
4. Ensure publicity and transparency associated with accountability of agencies, organizations and competent persons in litigation, execution of judgments and other related activities according to Party regulations and State laws.
5. Timely detect, prevent and strictly handle all violations, abuse of position and power, abuse of power, corruption and negativity in litigation, execution of judgments and other related activities, without forbidden areas or exceptions.
6. Comply with the Party's policies and regulations and relevant legal regulations.
Article 4. Contents of power control, prevention and combat of corruption and negativity in litigation and execution activities
1. Control the leadership, direction, and organization of the implementation of the Party's policies and regulations, the State's laws, working regulations, rules, professional procedures, ethical standards, codes of conduct, anti-corruption and anti-negativity work in litigation, execution of judgments, and other related activities.
2. Control the performance of duties and powers of agencies, organizations and competent persons in leading, directing and implementing litigation activities, execution of judgments and other related activities.
Article 5. Methods of controlling power, preventing and combating corruption and negativity in litigation and execution activities
1. Lead, direct, advise on the development, promulgation, and implementation of Party policies and regulations, State laws, working regulations, professional procedures, ethical standards, and codes of conduct to control power, prevent and combat corruption and negativity in litigation, execution of judgments, and other related activities.
2. Lead, direct, and implement self-criticism and criticism, exemplary responsibility, publicity, transparency, accountability, and other measures to control power, prevent violations, corruption, and negativity; resolve petitions, reflections, complaints, and denunciations in litigation, judgment enforcement, and other related activities; self-inspection, detection, prevention, and handling of violations, corruption, and negativity within agencies and organizations with authority to conduct litigation, judgment enforcement, and other related activities.
3. Lead, direct and orient the activities of competent agencies and organizations to conduct proceedings, execute judgments and other related activities according to Party regulations and State laws; build and perfect the organizational apparatus and staff of cadres, party members, civil servants and public employees in these agencies.
4. To inspect, supervise, examine, audit and supervise the performance of duties and powers; the implementation of the Party's policies and regulations, the State's laws, working regulations, professional regulations, ethical standards and codes of conduct; the settlement of recommendations, reflections, complaints and denunciations and the implementation of measures to prevent, stop and handle violations, abuse of position and power, abuse of power, corruption and negativity in litigation activities, execution of judgments and other related activities according to the Party's regulations and the State's laws.
5. Lead and direct the handling of cases and incidents according to Party regulations and State laws. Request inspection, audit, and review of decisions of competent agencies, organizations, and individuals in litigation, execution of judgments, and other related activities according to Party regulations and State laws.
CHAPTER II - CONTROL OF POWER, PREVENTION AND COMBAT OF CORRUPTION AND NEGATIVITY IN LITIGATION AND ENFORCEMENT OF JUDGMENTS
Article 6. Acts of taking advantage of, abusing position, power, power abuse, corruption, and negativity in litigation and execution activities
1. Lead, direct, advise, and issue documents contrary to the Party's policies and regulations and the State's laws in litigation, execution of judgments, and other related activities.
2. Failure to implement or improper or incomplete implementation of the Party's policies and regulations, the State's laws, working regulations, rules, professional procedures, ethical standards, codes of conduct, duties and public services in litigation, execution of judgments and other related activities.
3. Lack of responsibility, lax leadership and management leading to violations, abuse of position, power, abuse of power, corruption, and negativity in litigation, execution of judgments and other related activities.
4. Covering up, condoning, assisting, and improperly handling violations, taking advantage of, abusing positions, powers, power, corruption, and negativity in litigation, execution of judgments, and other related activities.
5. Interfering, obstructing, or influencing contrary to the Party's regulations and the State's laws on litigation, execution of judgments, and other related activities, on inspection, supervision, and auditing activities of Party committees, Party organizations, advisory and support agencies of the Party, and functional agencies, on supervisory activities of elected agencies and representatives, the Fatherland Front, socio-political organizations, and the People regarding litigation, execution of judgments, and other related activities.
6. Directing or forcing subordinates to conceal, not report, report falsely, not implement or not implement correctly regulations and professional procedures, leading to incorrect results in receiving and handling information about crimes, initiating prosecution, investigating, prosecuting, trying, executing sentences and other related activities.
7. Intentionally not receiving, handling or receiving, handling not in accordance with the provisions of law regarding sources of information about crimes, initiating lawsuits to resolve administrative cases, civil cases, requests to resolve civil matters, bankruptcy, and execution of judgments.
8. Concealing, distorting, omitting or leaking information about crimes or falsifying records, documents, or illegally destroying evidence or exhibits.
9. Issuing decisions to prosecute or not to prosecute a case, decisions to prosecute a defendant or not to issue decisions to prosecute a defendant, decisions to approve or cancel decisions to prosecute a defendant illegally; not to prosecute a guilty person or to prosecute an innocent person or to issue illegal judgments or decisions.
10. Decision to apply, change, cancel preventive measures, coercive measures, judicial measures, change crime, punishment, exempt or reduce punishment, exempt or reduce criminal or civil liability, temporarily suspend or stop the settlement of a case, incident, transfer a case, illegally merge or separate cases.
11. Torturing, forcing, eliciting or directing or organizing the collusion of the accused; forcing or suggesting the litigant or other participants in the proceedings to provide documents, statements or presentations that are not objective or truthful.
12. Delaying or prolonging the time for appraisal or valuation of assets in violation of the provisions of law; intentionally avoiding or prolonging the time for providing documents as requested for appraisal or valuation or providing false documents; concluding appraisal or valuation of assets in violation of the law or refusing to conclude appraisal or valuation of assets in violation of the law.
13. Taking advantage of the right to request an appraisal, request property valuation, the right to request the provision of records and documents, or the right to return the case file for further investigation, the right to annul the judgment for re-investigation, the right to appeal, review, retrial, or the right to request an explanation of the judgment to prolong the process of resolving the case, incident, or executing the judgment for personal gain.
14. Proposing and deciding to postpone or temporarily suspend the execution of a prison sentence, exempt or reduce the execution of a prison sentence, conditionally release prisoners early, shorten the probation period of a person serving a suspended sentence, consider and propose illegal amnesty.
15. Intentionally enforcing a judgment contrary to the content of a judgment or decision that has come into legal effect or failing to issue a decision to enforce a judgment, delaying or prolonging the time to resolve an illegal judgment enforcement; deciding to apply security measures, temporary emergency measures, compulsory enforcement of judgments, colluding with valuation units, property auctioning units to restrict buyers, suppress prices, or lower the prices of assets subject to illegal judgment enforcement.
16. Intentionally violating regulations on sealing, unsealing, seizing assets, freezing accounts, seizing, preserving, and handling evidence, temporarily detained assets, and assets subject to execution of judgments.
17. Illegally obstructing the activities of defenders, protectors of the legitimate rights and interests of victims and litigants; self-defense, asking for defense, protection of legitimate rights and interests or exercising the right to complain, denounce and other rights of victims, persons subject to enforcement of judgments, litigants, accused persons, persons serving sentences, persons subject to enforcement of judgments as prescribed by law.
18. Consulting, contacting, approaching, or handling matters that are not in accordance with regulations on visiting, meeting, and communicating with accused persons and prisoners; causing trouble or harassment to accused persons, persons serving sentences, persons subject to sentence execution, victims, persons subject to sentence execution, litigants, or their relatives for personal gain or other personal motives.
19. Taking advantage of work related to state secrets or work secrets for personal gain or other personal motives; directing or providing, disclosing information, records, and documents related to a case or incident contrary to Party regulations and State laws.
20. Taking advantage of, abusing one's position, power, or power to appropriate property; taking advantage of influence over people in positions of power or authority or falsifying work to gain benefits in litigation, execution of judgments, and other related activities.
21. Taking advantage of, abusing one's position, power, or authority to impose or legalize one's illegal actions or decisions or to resolve one's personal matters in litigation, execution of judgments, and other related activities.
22. Receiving gifts (material or immaterial benefits) in any form to violate Party regulations and State laws; giving gifts (directly or indirectly in any form) to influence or influence competent persons in litigation, execution of judgments and other related activities, distorting the results of handling information about crimes, prosecution, investigation, prosecution, trial, execution of judgments and other related activities.
23. Intentionally allowing relatives and other relatives to take advantage of one's work position, title, or authority for personal gain or to participate in defending or providing legal advice in a case or matter that one directs to resolve or directly resolves.
24. Intentionally failing to resolve, failing to implement or resolving, implementing incorrectly or obstructing the resolution of recommendations, reflections, complaints, denunciations, requests in litigation activities, judgment enforcement and other related activities.
25. Disclosing information, threatening, retaliating against, or suppressing people who make recommendations, reflect, denounce, make accusations, report, or provide information about corrupt and negative acts in litigation, execution of judgments, and other related activities within the scope of assigned management and responsibility.
26. Threatening, retaliating, suppressing, or bribing people who report crimes, people who report corruption, or negative acts related to themselves or their family members during the process of resolving cases, incidents, or executing judgments.
27. Taking advantage of, abusing position, power, and authority in applying professional measures to infringe upon the legitimate rights and interests of organizations and individuals; illegally using information and documents collected from professional measures.
28. Acts of taking advantage of, abusing position, power, power abuse, corruption, and other negative acts in litigation, execution of judgments, and other related activities according to Party regulations and State laws.
Article 7. Responsibilities of Party committees and organizations in controlling power, preventing and combating corruption and negativity in litigation and execution activities
Within the scope of assigned functions, tasks and powers, Party committees and organizations must lead and direct the implementation of the following contents:
1. Advise on the development, institutionalization, and strict implementation of the Party's policies and regulations, the State's laws on litigation, execution of judgments, and other related activities; strictly implement mechanisms to control power, prevent and combat corruption, and negativity in litigation, execution of judgments, and other related activities.
2. Review, amend, supplement, perfect and strictly implement working regulations, rules, professional processes, ethical standards and codes of conduct; ensure independence, objectivity and compliance with the law of investigators, prosecutors, judges, enforcement officers and other competent persons in litigation, execution of judgments and other related activities.
3. Strictly implement decisions, requests and recommendations of competent agencies, organizations and individuals in litigation, judgment enforcement and other related activities; promptly cancel or change decisions on litigation, judgment enforcement and illegal conclusions; request, recommend and protest competent agencies, organizations and individuals to review groundless and illegal acts, decisions and conclusions.
4. Receive, resolve, and respond promptly and in accordance with regulations to requests, recommendations, reflections, reports, complaints, denunciations, accusations, and information from agencies, organizations, and individuals in litigation, judgment enforcement, and other related activities.
5. Timely protect and reward those who discover, reflect, report, denounce, inform, inform, and provide information about violations, abuse of position, power, abuse of power, corruption, and negativity in litigation, execution of judgments, and other related activities; strictly handle cases of taking advantage of reflection, petition, complaint, and denunciation to slander, distort, and insult the reputation of agencies, organizations, and individuals.
6. Implement self-criticism and criticism, exemplary responsibility, publicity, transparency, accountability, building a culture of integrity and other measures to prevent violations, abuse of position, power, abuse of power, corruption, and negativity in litigation, execution of judgments and other related activities.
7. Inspect, supervise, audit; strengthen the role, responsibility, effectiveness of prosecution and supervision of judicial activities of the Procuracy at all levels; strengthen and improve the effectiveness of supervision by agencies and elected representatives, the Vietnam Fatherland Front, law enforcement agencies, socio-political organizations and the People over litigation activities, execution of judgments and other related activities; directly inspect, supervise, promptly detect and strictly handle party organizations, party members and individuals who violate, take advantage of, abuse their positions and powers, abuse their power, commit corruption and negative acts as prescribed in Article 6 of this Regulation. Lead, direct, create favorable conditions for the activities and strictly implement the requirements, recommendations and conclusions of inspection, supervision, inspection and audit teams.
8. Directing the activities of competent agencies and organizations in conducting proceedings, executing judgments and other related activities; advocating the handling of cases and incidents according to Party regulations and State laws. Requesting inspections, examinations and reviews of decisions of competent agencies, organizations and individuals in proceedings, executing judgments and other related activities when there is information, requests, recommendations, complaints and denunciations based on Party regulations and State laws.
9. Do not perform the acts specified in Article 6 of these Regulations.
Article 8. Responsibilities of members of Party committees, Party organizations, and members of the collective leadership of agencies and organizations with authority to conduct proceedings, execute judgments, and other related activities
1. Correctly and fully perform assigned tasks and powers in leading, directing, implementing litigation activities, executing judgments and other related activities according to Party regulations and State laws.
2. Be an example in strictly implementing the Party's policies and regulations, the State's laws, working regulations, professional procedures, ethical standards, and codes of conduct; regulations on prohibited acts and things that cadres, Party members, civil servants, public employees, judges, people's assessors, prosecutors, investigators, bailiffs, supervisors, and other competent persons in litigation, execution of judgments, and other related activities; be responsible for setting an example, self-criticizing, criticizing, maintaining moral qualities, an honest, clean, impartial, objective, and fair lifestyle in performing public duties, and other measures to control power and prevent corruption and negativity.
3. Do not obstruct, influence, or illegally interfere with litigation, execution of judgments, and other related activities, and with inspection, supervision, examination, and auditing activities in this field.
4. Regularly conduct self-inspection and supervision to promptly detect, correct and strictly handle violations, abuse of position and power, abuse of power, corruption and negativity in litigation, execution of judgments and other related activities within the scope of management and responsibility.
5. Take direct responsibility for violations, abuse of position, power, power, corruption, and negativity in the assigned unit for direct management and responsibility.
6. Be responsible as a member of the Party Committee, Party organization, leader of the agency, organization and as a manager, in charge of the field for violations, abuse of position, power, abuse of power, corruption, and negativity in the Party Committee, Party organization, agency, organization and in the field assigned to manage and be in charge.
7. Do not perform the acts specified in Article 6 of this Regulation.
Article 9. The responsibility of the heads of the Party committees, party organizations, agencies and organizations competent to conduct legal proceedings, judgment execution and other relevant activities
1. Leading, directing and fulfilling responsibilities specified in Article 7 of this Regulation; At the same time, strictly complying with the responsibilities specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 7, Article 8 of this Regulation.
2. Responsible for the head of violations, abusing, abusing positions, powers, abuse of power, corruption and negative in the Party Committee, Party organization, agency and organization under the scope of management and in charge; The negative occurs in the unit assigned to directly manage and in charge.
Article 10. The responsibility of the competent person in proceedings, judgment execution and other related activities
1. Implementing the responsibilities specified in Clause 1, Clause 2, Clause 3, Clause 7, Article 8; simultaneously depending on the position to fulfill the responsibilities specified in Clause 4, Clause 5, Clause 6, Article 8 of this Regulation.
2. Be responsible before law and party committees, party organizations, leaders of agencies, organizations and units on behavior and decisions.
3. Observe the assignment, direction, examination, supervision, inspection and audit of the Party Committee, Party organization, agency, organization, unit, collective of leaders and heads of competent authority;
Chapter III - Handling of violations
Article 11. Handling violations, abusing, abusing positions, powers, abuse of power, corruption, negative
1. Organizations and individuals committing violations, abusing, abusing positions, powers, abuse, corruption and negative in proceedings, judgment execution and other relevant activities must be strictly handled according to the Party's regulations, the laws of the State and regulations of agencies, organizations and units.
Acts of violations, abusing, abusing positions, powers, abuse of power, corruption and negative have not yet been handled, based on the Charter and regulations of the Party, the laws of the State, the charter and regulations of mass organizations for handling accordingly.
In case of disciplinary handling, but it is necessary to see that the competent authority must resolutely transfer the violator from the position of work being undertaken, replaced, stopped to hold, dismissed, resigned, did not arrange the work related to the proceedings, judgment execution and other relevant activities;
2. In case of violation that it is required to be examined for penal liability, the file must be transferred to the authorities for handling in accordance with the law and strictly prohibited retention for internal handling.
Article 12. Handling responsibilities when the violation occurs, abusing, abusing positions, powers, abuse of power, corruption, negative
1. For organizations:
Party committees and party organizations to occur violations, abuse, abuse positions, powers, abuse of rights, corruption and negativity within the scope of responsibilities, competence of leadership and direction shall be handled in accordance with the Party's regulations.
2. For leaders of Party committees, party organizations, agencies, organizations and units:
- Người đứng đầu, thành viên cấp ủy, tổ chức đảng, thành viên tập thể lãnh đạo cơ quan, tổ chức, đơn vị để xảy ra hành vi vi phạm, lợi dụng, lạm dụng chức vụ, quyền hạn, lạm quyền, tham nhũng, tiêu cực trong hoạt động tố tụng, thi hành án và các hoạt động khác có liên quan tại cơ quan, tổ chức, đơn vị, phạm vi công việc mình được phân công trực tiếp quản lý, phụ trách thì xử lý theo quy định của Đảng, pháp luật của Nhà nước và quy định của cơ quan, tổ chức, đơn vị.
- Considered to increase responsibility in case of detecting violations, abusing, abusing positions, powers, abuse of rights, corruption and negative without applying necessary measures according to its competence to promptly prevent, handle and overcome the consequences of violations or timely reports in accordance with the Party and the laws of the State.
- Considered excluding responsibility in case of unknown or applied necessary measures according to its competence to prevent and prevent violations, abuse, abuse positions, powers, abuse of power, corruption, negative in proceedings, judgment execution and other relevant activities.
- Considering exemption and reduction of liability in case of actively detecting and applying necessary measures according to its competence to prevent, handle, overcome the consequences or report to competent authorities to handle and overcome the consequences of violations, abuse, abuse positions, powers, abuse, corruption and negative; At the beginning of the Party Committee, Party organization, agency, organization and unit.
- Considering the exemption or reduction of discipline if they take the initiative to stop holding their positions, resignation or working leave before the competent authority detects, handles, except for cases of examination of penal liability.
Chapter IV - Terms of implementation
Article 13. Organization of implementation
1. The Central Military Commission, the Central Police Party Committee, the Party Court of the Court of the Supreme People's Court, the Party Affairs Committee of the Supreme People's Procuracy, the Judicial Party Committee, the Vietnam Bar Association, the Vietnam Lawyer Association, the Provincial Party Committee, the Party Committee, the Central Party Committee and the Party Committees and Party organizations are relevant to lead and direct the effective and effective organization.
2. , negative.
3. The judgments and other relevant activities.
4. The Central Committee of Internal Affairs presides over and coordinates with the Central Inspection Committee and the Party Committees and Party organizations to monitor, urge, inspect and supervise the implementation of this Regulation;
Article 14. Implementation effect
This regulation takes effect from the date of signing.
According to VNA/Tin Tuc Newspaper
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