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March 11, 2013
MEMORANDUM OF UNDERSTANDING ON ANTI-CORRUPTION BETWEEN THE OFFICE OF THE OMBUDSMAN OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT INSPECTORATE OF THE SOCIALIST REPUBLIC OF VIETNAM
The Government Inspectorate of the Socialist Republic of Vietnam is a ministerial-level agency of the Government of the Socialist Republic of Vietnam performing the function of State management over the works of inspection, complaint and denunciation settlement, and anti-corruption.
The Office of the Ombudsman of the Republic of the Philippines, pursuant to its mandate under the Philippine Constitution and Republic Act 6770 as the protector of the People is the lead agency in the fight against graft and corruption with the ultimate goal of improving accountability, transparency and efficiency in the government. (hereinafter referred to as the Parties)
Realizing that the grave situation caused by corruption erodes social ethics, depraves public officials and deteriorates the welfare of peoples and nations worldwide;
Being aware that the prevention of and fight against transnational corruption can be enhanced by the collaborative and continuous efforts between the Parties; and
Desiring to strengthen collaborative efforts in preventing and combating corruption on the basis of equality, friendship and mutual benefits in accordance with the prevailing laws and customs of their respective countries and international law;
Have agreed as follows:
Article 1. General Provision
The Parties agree to cooperate in preventing and combating corruption and settlement of administrative complaints. The cooperation under this Memorandum of Understanding will be supervised by the highest Leaders of the Parties.
Article 2. Areas of Cooperation
The areas of cooperation shall include:
1. Subject, to the actual needs of each Party, the Parties shall cooperate in developing human resources through: (a) professional training courses, (b) exchange of expertise and (c) capacity building workshops and seminars.
2. Subject to particular capacities of each Party, the Parties shall exchange information and professional materials on preventing and combating corruption (except for the confidential items as stipulated by the legislations of the respective Parties), exchange experiences with respect to detecting corrupt acts as well as methods and means of people who commit corrupts acts.
3. Host and participate in (a) forums, (b) workshops, (c) seminars, (d) conventions and (e) conferences relative to anti-corruption activities.
4. Exchange information on community education including media and integrity promoting campaigns to enhance public awareness on anti-corruption and to strengthen public participation in preventing and combating corruption.
5. Subject to the particular capacities of each party, provide technical assistance in operational activities.
6. Annual meeting of either a high-ranking or an expert-level delegations composed of 5 to 7 participants from each Party, in order to: (a) review the implementation of the Memorandum of Understanding; (b) share experiences on preventing and combating corruption activities and (c) recommend future cooperative programs or areas of cooperation.
The guest Party shall bear the two-way airfares for its delegation.
The host Party shall bear the expenses for meals, accommodation, local travel, facilities and other expenses for the meeting.
7. Perform other areas of cooperation as deemed necessary.
Article 3. Technical Arrangement
1. Activities described in this Memorandum of Understanding shall be implemented through the development of specific arrangements, programs or projects between Parties;
2. Each Party shall designate its Representative as Contact Person. Any change of Contact Person will be communicated to the other Party;
For the Government Inspectorate of the Socialist Republic of Vietnam, the Contact Person shall be the Director General of the Department for International Cooperation.
For the Office of the Ombudsman Philippines of the Republic of the Philippines, the Contact Person shall be Weomark Ryan G. Layson, Assistant Ombudsman of the Office of the Ombudsman.
Article 4. Confidentiality of Information
The information or documents obtained from the respective Parties will be kept confidential and will not be disseminated, to any third party, nor be used for administrative, prosecution or judicial purposes without prior consent in writing of the two Parties.
Article 5. Amendment and supplement
Each Party can review or amend, supplement any part of this Memorandum with the other's consent in writing and such amendment and supplement will become effective on such date as determined by the Parties and will form as an integral part of this Memorandum of Understanding.
Article 6. Settlement of Disputes
Any dispute arising out of the interpretation, application or implementation of this Memorandum of Understanding will be resolved through negotiation.
Article 7. Entry into Force
This Memorandum of Understanding will become effective on the date of its signing , for the period of 5 years; and will automatically be extended within the same period of time until one of the Parties notifies the other in writing of any amendments, supplementation or cancellation thereto. The termination of this Memorandum of Understanding will come into effect after 30 days counted from the day the other Party receives the written notification.
The termination of this Memorandum of Understanding will not jeopardize the conclusion of on-going activities and projects in accordance with this Memorandum of Understanding, unless the two sides agreed otherwise.
IN WITNESS WHEREOF, the undersigned authorized representatives of the respective Parties have signed this Memorandum of Understanding.
Done in duplicate in Hanoi on this 11th day of March, 2013, in both English and Vietnamese Languages.
The Office of the Ombudsman of the Republic of the Philippines, pursuant to its mandate under the Philippine Constitution and Republic Act 6770 as the protector of the People is the lead agency in the fight against graft and corruption with the ultimate goal of improving accountability, transparency and efficiency in the government. (hereinafter referred to as the Parties)
Realizing that the grave situation caused by corruption erodes social ethics, depraves public officials and deteriorates the welfare of peoples and nations worldwide;
Being aware that the prevention of and fight against transnational corruption can be enhanced by the collaborative and continuous efforts between the Parties; and
Desiring to strengthen collaborative efforts in preventing and combating corruption on the basis of equality, friendship and mutual benefits in accordance with the prevailing laws and customs of their respective countries and international law;
Have agreed as follows:
Article 1. General Provision
The Parties agree to cooperate in preventing and combating corruption and settlement of administrative complaints. The cooperation under this Memorandum of Understanding will be supervised by the highest Leaders of the Parties.
Article 2. Areas of Cooperation
The areas of cooperation shall include:
1. Subject, to the actual needs of each Party, the Parties shall cooperate in developing human resources through: (a) professional training courses, (b) exchange of expertise and (c) capacity building workshops and seminars.
2. Subject to particular capacities of each Party, the Parties shall exchange information and professional materials on preventing and combating corruption (except for the confidential items as stipulated by the legislations of the respective Parties), exchange experiences with respect to detecting corrupt acts as well as methods and means of people who commit corrupts acts.
3. Host and participate in (a) forums, (b) workshops, (c) seminars, (d) conventions and (e) conferences relative to anti-corruption activities.
4. Exchange information on community education including media and integrity promoting campaigns to enhance public awareness on anti-corruption and to strengthen public participation in preventing and combating corruption.
5. Subject to the particular capacities of each party, provide technical assistance in operational activities.
6. Annual meeting of either a high-ranking or an expert-level delegations composed of 5 to 7 participants from each Party, in order to: (a) review the implementation of the Memorandum of Understanding; (b) share experiences on preventing and combating corruption activities and (c) recommend future cooperative programs or areas of cooperation.
The guest Party shall bear the two-way airfares for its delegation.
The host Party shall bear the expenses for meals, accommodation, local travel, facilities and other expenses for the meeting.
7. Perform other areas of cooperation as deemed necessary.
Article 3. Technical Arrangement
1. Activities described in this Memorandum of Understanding shall be implemented through the development of specific arrangements, programs or projects between Parties;
2. Each Party shall designate its Representative as Contact Person. Any change of Contact Person will be communicated to the other Party;
For the Government Inspectorate of the Socialist Republic of Vietnam, the Contact Person shall be the Director General of the Department for International Cooperation.
For the Office of the Ombudsman Philippines of the Republic of the Philippines, the Contact Person shall be Weomark Ryan G. Layson, Assistant Ombudsman of the Office of the Ombudsman.
Article 4. Confidentiality of Information
The information or documents obtained from the respective Parties will be kept confidential and will not be disseminated, to any third party, nor be used for administrative, prosecution or judicial purposes without prior consent in writing of the two Parties.
Article 5. Amendment and supplement
Each Party can review or amend, supplement any part of this Memorandum with the other's consent in writing and such amendment and supplement will become effective on such date as determined by the Parties and will form as an integral part of this Memorandum of Understanding.
Article 6. Settlement of Disputes
Any dispute arising out of the interpretation, application or implementation of this Memorandum of Understanding will be resolved through negotiation.
Article 7. Entry into Force
This Memorandum of Understanding will become effective on the date of its signing , for the period of 5 years; and will automatically be extended within the same period of time until one of the Parties notifies the other in writing of any amendments, supplementation or cancellation thereto. The termination of this Memorandum of Understanding will come into effect after 30 days counted from the day the other Party receives the written notification.
The termination of this Memorandum of Understanding will not jeopardize the conclusion of on-going activities and projects in accordance with this Memorandum of Understanding, unless the two sides agreed otherwise.
IN WITNESS WHEREOF, the undersigned authorized representatives of the respective Parties have signed this Memorandum of Understanding.
Done in duplicate in Hanoi on this 11th day of March, 2013, in both English and Vietnamese Languages.
(SGD.) CONCHITA CARPIO MORALES | (SGD.) HUYNH PHONG TRANH |
OMBUDSMAN | GOVERNMENT INSPECTOR GENERAL |
REPUBLIC OF THE PHILIPPINES | SOCIALIST REPUBLIC OF VIETNAM |
Entry into Force: March 11, 2013