Viet Nam Human Rights
Anti-Corruption Law
8/9/19
The National Assembly promulgated the Anti-Corruption Law last November, extending the fight against corruption in the non-state sector.Taking effect on July 1, the 2018 Anti-Corruption Law (the Law), with 10 chapters and 96 articles, prescribes the prevention and detection of corruption; and handling of corruption and acts of violation of the anti-corruption law. With its scope of regulation, the Law aims to handle persons committing acts of corruption as well as agencies, organizations and individuals performing other acts violating the anti-corruption law.
The Law supersedes its predecessor enacted in 2005 with revisions made in 2007 and 2012 (the 2005 Law).
Acts of corruption
Acts of corruption as well as the subjects committing acts of corruption in the state sector and non-state sector are different. Consequently, the Law has separate provisions on acts of corruption in these two sectors.
For acts of corruption in the state sector, Article 2 of the Law retains 12 acts of corruption committed by persons with positions and powers in agencies, organizations and units as stated in the 2005 Law.
For acts of corruption in the non-state sector, the Law only regulates acts of corruption committed by persons with positions and powers in enterprises or organizations in this sector in the spirit of the Penal Code. These acts include embezzling assets, taking bribes, and giving bribes or brokering bribery for settlement of affairs of enterprises or organizations for personal gain.
Anti-corruption work in enterprises and organizations in the non-state sector
Responsibilities of enterprises and organizations in the non-state sector for corruption prevention and combat are defined in Article 4 of the Law. Accordingly, these enterprises and organizations must take corruption prevention measures; promptly detect, notify, and coordinate with competent state agencies in, deterring and handling corruption occurring in enterprises and organizations in accordance with law as well as their charters and operation regulations. They also have to promptly provide information about acts of corruption committed by persons with positions and powers and coordinate with competent state agencies in deterring and handling corruption.
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| A workshop on anti-corruption in business activities in Vietnam held by the Government Inspectorate in December 22, 2018__Photo: Internet |
Noticeably, the Law devotes a separate chapter-Chapter VI-with new provisions aiming to deal with corruption prevention and combat in enterprises and organizations in the non-state sector. These new provisions reflect the role of enterprises and organizations in the non-state sector in anti-corruption work. This Chapter underlines the building of a healthy and corruption-free business culture.
As this is an extremely important issue, the Law encourages enterprises, enterprise associations, trade associations, social organizations, and socio-professional organizations to issue codes of business conduct or codes of professional conduct for their workers and members in accordance with the Law and other relevant laws. In addition, the Law asks enterprises and economic organizations to issue and implement their codes of conduct and internal control mechanisms for preventing conflicts of interests, deterring acts of corruption and building a healthy and corruption-free business culture. Enterprise associations and trade associations are responsible for assisting, mobilizing and encouraging their members to build a healthy and corruption-free business culture; and supervising their members in observing the anti-corruption law, and actively participate in improving policies and laws.
Article 80 of the Law lists provisions compulsorily applied to public companies, credit institutions and social organizations established under decisions of or having their charters approved by the Prime Minister, Minister of Home Affairs or chairpersons of provincial-level People’s Committees that mobilize people’s contributions for charity activities. These provisions include: (i) principles, contents and forms of publicity and transparency, and responsibility for ensuring publicity and transparency; (ii) control of conflicts of interests; and (iii) responsibilities and handling of responsibilities of heads and deputy heads.
Noticeably, the Government Inspectorate, ministerial inspectorates and provincial inspectorates will inspect the implementation of the anti-corruption law by the above-mentioned entities when having clear signs of violation prescribed in Article 80 of the Law. Violators of this provision will, depending on the nature and severity of their violations, be sanctioned in accordance with law. In addition, persons holding managerial titles and positions will be handled under the charters or operation regulations of their enterprises or organizations. If failing to handle such persons, enterprises or organizations will have their names, addresses and violations announced by competent agencies in charge of inspection.
As required by the Law, enterprises and organizations in the non-state sector must carry out self-examination for timely detecting and handling, or proposing competent agencies to handle, acts of corruption occurring in their enterprises or organizations.
Meanwhile, if detecting acts of corruption in enterprises and organizations in the non-state sector through inspection, inspection agencies will handle such acts or refer them to competent agencies for handling.
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All comments [ 20 ]
The Vietnamese Party and government have resolutely directed the fight against corruption. Achieved results have hit back at hostile forces’ attempts to sabotage Vietnam with misinformation.
Corruption is a global challenge. It persists in every nation. The cause of corruption is not the regime or the ruling party.
Arguments that “the one-party regime is the root of corruption”, “an arbitrary ruling party causes corruption”, and “corruption is a product of a public ownership of production materials and one-party autocracy” are an attempt by hostile forces to smear the prestige of the Communist Party of Vietnam, deny the Party leadership, and abolish socialism in Vietnam.
Distorted information cannot obscure the political will and achievements that the Party and government of Vietnam have gained in the fight against corruption.
President Hồ Chí Minh was the first person to sign an order to execute a military official for embezzlement. This was the first case of corruption to be put on trial in the country.
corruption as an “internal invader” which could damage all of the country’s development cause without a gun or a sword.
the fight against corruption in all fields, including both public and private sectors, traders and farmers, cadres, public employees and businesses, which still meets current international practices.
anti-corruption must depend on the people who directly supervise cadres and those involved in corruption must be strictly punished no matter what position they held or what sector they were working in.
All President Hồ Chí Minh’s ideology in anti-corruption has been applied and its value remains the same at present.
People play an important role and a decisive factor in the fight against corruption.
If we have tools to fight against corruption but fail to uphold the strength of the people, the results would be limited. It is because no agency can have “eyes” on all sectors, localities and levels, but the people can.
To promote the role of the public in the fight against corruption, it is necessary to help people understand their rights and capacity and encourage their honesty and solidarity; create a mechanism to help people access different sources of information; and have policies to praise those contributing to the fight against corruption.
It is also crucial to have policies to protect people who fight corruption.
We have to protect the life and reputation of corruption fighters and even provide them with unemployment insurance to promote the role of the public in the fight against corruption.
related mechanisms need to be tightened to let no one take advantage of loopholes of any regulation and law to be corrupt.
It is also necessary to improve the living conditions of cadres to help them live well with their salary without corruption and to educate them to raise their ethics.
we have enough conditions and factors to speed up the fight against corruption and can achieve higher results. The problem is how to use these tools effectively together with promoting the role of the public.
it is necessary to complete this law which is considered the sharpest tool in fighting corruption.
Anti-corruption work has contributed to socio-economic development and strengthened public trust in the Party and socialism.
The results have affirmed resolute determination of the Party and state to reform and purify the administration apparatus.
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