LESSON 03.

LAW ON ANTI-CORRUPTION
 SOCIALIST REPUBLIC OF VIETNAM

THE NATIONAL ASSEMBLY-------- Independence - Freedom - Happiness

---------------

Law No. 36/2018/QH14 Hanoi, November 20, 2018

ANTI-CORRUPTION LAW

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Anti-corruption Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for prevention and discovery of corruption; actions against corruption and other violations against anti-corruption laws.

Article 2. Acts of corruption

1. Acts of corruption committed by office holders in state organizations include:

a) Embezzlement;

b) Taking bribes;

c) Abuse of one’s position or power for illegal appropriation of assets;

d) Abuse of official capacity during performance of tasks or official duties (hereinafter referred to as “duties”) for personal gain;

dd) Acting beyond authority in performance of one’s duties for personal gain;

e) Abuse of official capacity to influence another person for personal gain;

g) Impersonation for personal gain;

h) Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

i) Illegal use of public assets for personal gain by abuse of official capacity;

k) Harassment for personal gain;

l) Failure to perform or correctly perform one’s duties for personal gain;

m) Abuse of official capacity to screen violations of law for person gain; illegally intervening or obstructing supervision, inspection, audit,

investigation, prosecution, adjudication or judgment enforcement for personal gain.

2. Acts of corruption committed by office holders in non-state organizations include:

a) Embezzlement;

b) Taking bribes;

c) Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.

Article 3. Definitions

For the purposes of this Law, the terms below are construed as follows:

1. “corruption” means an office holder’s abuse of his/her official capacity for personal gain.

2. “office holder” means a person that is designated, elected or employed under a contract or another form of employment, receiving or not receiving

salaries, assigned certain duties and authority to perform such duties. Office holders include:

a) Officials and public employees;

officers, non-commissioned officers and workers of the People’s Police units;

c) Representatives of state investment in enterprises;

d) Holders of managerial positions in organizations;

dd) Other persons assigned certain duties and authority to perform such duties.

3. “corruptly-acquired asset” means an asset that is obtained through corrupt activities.

4. “information disclosure and transparency” means disclosing of information and provision of explanation for the organization structure,

performance of duties, entitlements and responsibilities of an organization during its operation.

5. “accountability” means then responsibility of a competent organization, unit or individual (hereinafter referred to as “competent authority”) to

clarify information or providing timely and adequately explanation about his/her decision or actions during performance of his/her duties.

6. “harassment” means an authoritative or magisterial act or request of an office holder that is meant to cause difficulties during performance of

his/her duties.

7. “personal gain” means a benefit or advantage that an office holder wishes to obtain by abusing his/her official capacity.

8. “conflict of interest” means a situation where the interests of an office holder or his/her relative have or are likely to have an influence on

performance of the office holder’s duties.

9. “state organizations” include a regulatory authorities, political organizations, socio-political organizations, military units, public service agencies,

state-owned enterprises, other organizations and units established, invested in, partially or wholly funded by the State, partially or wholly

administrated by the State for the purposes of development of the State and society.

10. “non-state organization” means any enterprise or organization other than those defined in Clause 9 of this Article.

Article 4. Responsibility of state and non-state organizations for anti-corruption

1. Every state organization has the responsibility to:

a) Implement measures for prevention of corruption; discover, take appropriate actions against and inform competent authorities about any act of

corruption that occurs within their organization; implement other anti-corruption laws;

b) Protect the lawful rights and interests of the individuals who report, provide information or file complaints against corrupt activities (hereinafter

referred to as “informers”);

c) Promptly receive and process information about acts of corruption;

d) Provide information and comply with requests of competent authorities during the process of discovery and taking actions against corruption.

2. Every non-state organization has the responsibility to:

a) Implement measures for prevention of corruption; discover and report any act of corruption that occurs within their organization to competent

authorities, and cooperate with competent authorities in taking actions in accordance with its rules and regulations;

b) Promptly provide information about acts of corruption committed by office holders and cooperate with competent authorities in prevention and

taking actions against such acts of corruption.

Article 5. Rights and obligations of citizens regarding anti-corruption

1. Every citizen, by law, has the right to discover and report acts of corruption, the right to protection and rewards; the right to propose amendments

to anti-corruption laws and supervise implementation of thereof.

2. Citizens shall cooperate and assist competent authorities and competent persons in anti- corruption.

Article 6. Anti-corruption education and awareness improvement

1. Communications authorities, other organizations and units, within the scope of their duties and entitlements, have the responsibility to raise

awareness and provide education about anti- corruption for citizens and office holders.
2. Education and training institutions shall include ethics, lifestyle and dignity education in their programs for school students, college students, other

students and office holders as prescribed by law.

Article 7. Supervision of anti-corruption works

1. The National Assembly and Standing Committee of the National Assembly shall supervise anti-corruption works nationwide.

2. Ethnicity Councils, committees of the National Assembly, within the scope of their duties and entitlements, shall supervise anti-corruption works

under their management.

3. Judicial Committee of the National Assembly, within the scope of their duties and entitlements, shall supervise discovery and taking of actions

against anti-corruption acts.

4. Delegates of the National Assembly, within the scope of their duties and entitlements, shall supervise anti-corruption works.

5. The People’s Councils, Standing Committees and boards of the People’s Councils, delegates of the People’s Councils, within the scope of their

duties and entitlements, shall supervise anti- corruption works in their areas.

Article 8. Prohibited acts

1. The acts of corruption defined in Article 2 of this Law.

2. Threatening, taking vengeance on, victimizing or revealing information about informers.

3. Slandering another organization or individual in the name of anti-corruption.

4. Screening acts of corruption; illegal intervention or obstruction of the process of discovery and anti-corruption actions, other violations against

anti-corruption laws specified in Section 2 Chapter IX of this Law.

Chapter II

PREVENTION OF CORRUPTION IN STATE ORGANIZATIONS

Section 1

INFORMATION DISCLOSURE AND TRANSPARENCY IN STATE ORGANIZATIONS

Article 9. Principles

1. Every state organization shall disclose information about its organization structure and operation, except for state secrets, business secrets and other

information prescribed by law.

2. The information disclosed shall be accurate, clear, adequate and timely, comply with law procedures established by competent authorities.

Article 10. Information to be disclosed

1. Every state organization shall disclose the following information:

a) Implementation of policies and laws relevant to the lawful rights and interests of officials, public employees, other employees, servicemen and

citizens;

b) Distribution, management and use of public funds, public assets or funds from other lawful sources;

c) Human resources management; code of conduct for office holders;

d) Implementation of policies and laws other than those mentioned in Point a through b of this Clause but have to be disclosed by law.

2. Besides the information mentioned in Clause 1 of this Article, state organizations that have influence over other state organizations and individuals

shall disclose information about administrative procedures.

Article 17. Criteria for assessment of anti-corruption works

1. Criteria for assessment of anti-corruption works:

a) Quantity, nature and seriousness of the corruption case;

b) Development and completion of anti-corruption laws and policies;

c) Implementation of measures for prevention of corruption;

dd) Recovery of corruptly-acquired asset.

2. The Government shall elaborate this Article.

Article 22. Giving and receiving gifts

1. State organizations and office holders must not use public funds or public assets as gifts, unless they are given for charitable purposes, diplomatic

purposes and other cases in which it is necessary as prescribed by law.

2. State organizations and office holders directly or indirectly receive gifts in any shape or form from another organization or individual that is

relevant to the tasks they are performing or under their management.

3. The Government shall elaborate this Article.

Section 6

ASSET AND INCOME SURVEILLANCES OF OFFICE HOLDERS IN STATE ORGANIZATIONS

Sub-section 1

AUTHORITY AND RESPONSIBILITY OF STATE ORGANIZATIONS AND INDIVIDUALS FOR ASSET AND INCOME

SURVEILLANCE

Article 30. Asset surveillance authorities

1. Government Inspectorate shall keep surveillance of assets and income of holders of positions of directors of provincial departments and above who

are working in Ministries, ministerial agencies, Governmental agencies, local governments, public service agencies, organizations established by the

Prime Minister, state-owned enterprises, individuals required to declare assets and income under its management.

2. Provincial inspectorates shall keep surveillance of assets and incomes of individuals required to declare assets and income working in state

organizations and state-owned enterprises under management of local government, except for the cases specified in Clause 1 of this Article.

3. Ministries, ministerial agencies, Governmental agencies shall keep surveillance of assets and incomes of individuals required to declare assets and

income working in state organizations and state-owned enterprises under their management, except for the cases specified in Clause 1 of this Article.

4. The agencies that assist Standing Committee of the National Assembly in personnel management shall keep surveillance of assets and incomes of

full-time delegates of the National Assembly and other individuals required to declare assets and income under management of Standing Committee

of the National Assembly.

5. The National Assembly Office shall keep surveillance of assets and incomes of individuals required to declare assets and income working in

Standing Committee of the National Assembly and the National Assembly, except for the cases specified in Clause 4 of this Article.

6. Office of the President shall keep surveillance of assets and income of the individuals required to declare assets and income working therein.

7. The People’s Supreme Court, the People’s Supreme Procuracy, State Audit Office of Vietnam shall keep surveillance of assets and income of the

individuals required to declare assets and income working therein.

8. Competent authorities of Communist Party of Vietnam, central authorities of socio-political organizations shall keep surveillance of assets and

income of the individuals required to declare assets and income working therein.

Chapter III

DISCOVERY OF CORRUPTION IN STATE ORGANIZATIONS

Section 1

INSPECTION AND SELF-INSPECTION BY STATE ORGANIZATIONS

Article 55. Inspection by regulatory authorities

1. The head of a regulatory authority shall organize inspection of conformity with law of the state organizations under its management in order to

discover and take actions against corruption.

inform a competent authority as prescribed by law.

Chapter IX

ACTIONS AGAINST CORRUPTION AND OTHER VIOLATIONS OF ANTI-CORRUPTION LAWS

Section 1

ACTIONS AGAINST CORRUPTION

Article 92. Penalties against corrupt individuals

1. Corrupt individuals, regardless of their positions, shall face harsh penalties as prescribed by law, including those who have retired, resigned or

reassigned.

2. A person who commit any of the acts of corruption specified in Article 2 of this Article shall face disciplinary actions, administrative penalties or

criminal prosecution depending on the nature and severity of his/her violations.

3. A corrupt individual who is the head or deputy of a state organization shall incur harsher penalties.

4. An individual who confesses to his/her corruption before being discovered, shows cooperation, voluntarily gives up the corruptly-acquired assets

and relieves the damage caused by his/her act of corruption may be granted leniency or absolution as prescribed by law.

5. An official or public employee who is convicted of corruption is obviously dismissed from the effective date of the court judgment or decision. In

the same situation, a delegate of the National Assembly or the People’s Council is obviously dismissed from such position.

Article 93. Handling corruptly-acquired assets

1. Corruptly-acquired assets shall be recovered and returned to their lawful owners or managers, or confiscated as the National Assembly by law.

2. The corrupt individuals shall pay compensation for the damage caused by their corrupt activities as prescribed by law.

Chapter X

IMPLEMENTATION CLAUSE

Article 96. Effect

1. This Law comes into force from July 01, 2019.

2. The Anti-corruption Law No. 55/2005/QH11, which is amended by Law No. 01/2007/QH12, and Law No. 27/2012/QH13 are annulled from the

effective date of this Law.

This Law is ratified by the 14th National Assembly of Socialist Republic of Vietnam during its 6th meeting on November 20, 2018.

PRESIDENT OF THE NATIONAL ASSEMBLY

Nguyen Thi Kim Ngan