Corruption in Vietnam Definition, Characteristics, Legal Framework and Prevention Associate, Professor. Hoang Van Hoan, PhD Vice- President of Academy of Politics Region I, Vietnam 1

Definition and overview of corruption in Vietnam Legal framework for anti corruption in Vietnam Anti-corruption efforts in Vietnam 2

Definition and overview of corruption in Vietnam Corruption is the abuse of entrusted power for private gain. Vito Tanzi: – “Corruption is the intentional non-compliance with the arm’s-length principle aimed at deriving some advantage for oneself or for related individuals from this behavior.” 3

Definition and overview of corruption in Vietnam (cont) The Vietnamese Law on anti-corruption – corruption means acts committed by persons with positions and/or powers of abusing such positions and/or powers for self- seeking interests. 4

Definition and overview of corruption in Vietnam (cont) Three basic types of corruption: – corruption for the acceleration of processes – administrative corruption – state capture 5

Corruption Acts – Embezzling property. – Taking a bribe. – Abusing a position or powers to appropriate property. – Taking advantage of a position and/ or powers during performance of a task or official duties for self-seeking purposes. – Abusing powers during performance of a task or official duties for self-seeking purposes. – Taking advantage of a position or powers to influence another person for self-seeking purposes. – Passing oneself off whilst working, for self-seeking purposes. – Giving a bribe or bribe brokerage conducted by a person with a position and/ or powers to resolve affairs of a body, organization, entity or a locality for self-seeking purposes. – Taking advantage of a position and/ or powers to illegally use State property for self-seeking purposes. – Conducting harassment for self-seeking purposes. – Failing to perform tasks or official duties for self-seeking purposes. – Taking advantage of a position or powers to cover up a law offender for self-seeking purpose; hindering or intervening illegally in examination, inspection, auditing, investigation, prosecution, hearing or judgment execution for self-seeking purposes 6

Vietnam Raking Vietnam ranks 116 out of 175, rising by 7 grades from last year. Sectors most affected by corruption are police; public administration; health, judiciary; land management … 7

Forms of corruption in Vietnam Corruption in economy: – this kind of corruption happened both in small and large scale and related to various fields. Corruption in politics and administration: – one of the rising forms of corruption in this is scheme and policy corruption. This form is usually related to large corruption. Corruption in judiciary: – Many large corruption case in the field of judiciary Corruption in personnel activities: – Many reasons related to corruption in this area such as power and personal responsibility are separate, non transparency in the field of cardres and civil servants recruitment... 8

Legal Framework for anti corruption in Vietnam United Nations Convention Against Corruption Criminal Code No. 15/1999/QH10, Chapter VI. Law on Anti-Corruption No. 55/2005/QH11, as amended by the Law No. 01/2007/QH12 and the Law No. 27/2012/QH13. 9

Legal Framework for anti corruption in Vietnam Law on Cadres and Civil Servants 22/2008/QH12. Decree No. 78/2013/ND-CP on Transparency of assets and income. Decree No. 59/2013/ND-CP elaborating some articles of Anti- corruption Law. Decision No. 115/2008/QD-TTg promulgating the regulation on publicity of the management and use of state property at state agencies, public non-business units and organizations assigned to manage and use state property. Decision No. 64/2007/QD-TTg promulgating the regulations on giving, receipt and hand-over of gifts by state budget- funded agencies, organizations and units and cadres, public employees and servant. Decree No. 107/2006/ND-CP on the responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations and units 10

Anti-corruption efforts in Vietnam The fight against corruption has received increasing public attention in Vietnam, especially after 2005, when a new law on corruption was passed. The establishment of the National Anti- Corruption Committee in 2006, in charge of overseeing the handling of complaints and accusations of corruption 11

Anti-corruption efforts in Vietnam `The Government Inspectorate and the World Bank (WB) jointly launched the 2014 Vietnam Anti- Corruption Initiative (VACI 2014) program to identify feasible anti-corruption projects in the community. – VACI 2014 aims at supporting initiatives to enhance transparency and responsibility in reducing corruption. – VACI focuses on strengthening transparency, public integrity and accountability. This project expected that will encourage of the efforts of law enforcement officers and community participation in the fight against corruption place almost everywhere and has drawn much criticism from the public. 12