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.
Le Nhung
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