VietNamNet Bridge – On the morning of November 23, the National Assembly (NA) passed the Law on Anti-Corruption. However, the establishment of an independent anti-corruption agency or the commission on corruption investigation under the NA is not included in the law.
Notably, the Anti-corruption Steering Committee with the Prime Minister as the head will be replaced by the Central Anti-corruption Steering Committee led by the Party Secretary General.
According to the explanation of the NA Standing Committee, a number of NA deputies proposed to establish the Central Steering Committee on Anti-Corruption under the Politburo and led by the Party General Secretary. However, to ensure the unified leadership of the Party Central Committee for the entire political system in the prevention of corruption, the contents will be specified in the Party’s documents, not in the amended Law on Anti-corruption.
With the proposal to set up an independent anti-corruption agency attached to the NA or the President, the NA Standing Committee said that this is an important innovation related to the Constitution and the laws on the state apparatus. Therefore, it needs more time for practical assessment. The NA needs to assign the Government and relevant agencies to further study about it.
Regarding the establishment of an independent corruption investigation agency, which has special authority in investigation, the Government and the People's Supreme Procuracy are making research in the preparation of the draft law on criminal investigation and the revised law on criminal procedure. Therefore, this content was not added to the anti-corruption.
The law also maintains the subjects who are obliged to asset declaration. The law does not extend the subjects to the parents, children, brothers, sisters of officials because the expansion is unfeasible and will result in conflict or inconsistence with the provisions of the Civil Code and the Labor Code.
The amended Law on Anti-corruption will take effect from February 1, 2013.
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