ORDINANCE AGAINST CORRUPTION
In order to raise the efficacy of the prevention and combat against corruption, enhance discipline and order and to protect the interests of the State and collectives and the legitimate rights and interests of individuals;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the second session of the Xth National Assembly on its 1998 legislative program;
This Ordinance prescribes measures to prevent and detect acts of corruption, deal with persons committing acts of corruption and defines the responsibility of agencies, organizations and individuals in the prevention and combat against corruption.
Chapter I
GENERAL PROVISIONS
Article 1.- Corruption is an act committed by a person who holds a responsible position and power and who takes advantage thereof to embezzle, take bribe or deliberately act against law for his/her own benefits, causing losses to the property of the State, collectives and individuals and infringing upon legitimate activities of agencies and organizations.
Persons who commit acts of corruption must be severely dealt with by law.
Article 2.- Persons holding responsible positions and powers defined in this Ordinance include:
1. Officials and public servants working in State agencies, political organizations, socio-political organizations, agencies and units of the People's Army and the People's Police as described in the Ordinance on Public Employees;
2. Officers, non-commissioned officers, professional military personnel, military workers in agencies and units of the People's Army; officers and non-commissioned officers in the agencies and units of the People's Police;
3. Leading and managerial officials in the State enterprises;
4. Public servants at commune, ward and district town level;
5. Other persons vested with power to perform their assigned tasks and public duties.
Article 3.- Acts of corruption defined in this Ordinance include:
1. Embezzlement of socialist property;
2. Taking bribes;
3. Using socialist property as bribes; abusing positions and powers to give bribes or act as middlemen for bribery;
4. Taking advantage of positions and powers to swindle and appropriate socialist property, abusing one's prestige to appropriate socialist property;
5. Taking advantage of positions and powers to illegally use socialist property;
6. Abusing positions and powers to appropriate property of individuals;
7. Misusing positions and powers while performing assigned tasks and public duties for personal benefits.
8. Abusing powers for personal benefits while performing tasks and public duties.
9. Misusing positions and powers to influence other people for personal benefits.
10. Illegally setting up funds for personal benefits.
11. Committing forgery in work for personal benefits.
Article 4.- All acts of corruption must be detected in time. Persons who commit acts of corruption, regardless of their positions and titles, must all be promptly and strictly dealt with in accordance with the provisions of law.
Property appropriated through corruption must be recovered; property obtained through corruption must be confiscated; persons who commit acts of corruption that cause damage shall have to compensate therefor.
Article 5.- Those who commit acts of corruption but report them on their own, endeavoring to limit the damage caused by their unlawful acts and handing in the corruption-derived property shall, depending on each case, be considered for discipline reduction or exoneration, reduction of penalties or relief from penal liabilities as prescribed by law.
Those who commit acts of corruption and employ devious means to cover up their offenses or prevent competent agencies and/or organizations from detecting and handling such acts shall be severely dealt with by law.
Article 6.- Citizens have the right and obligation to uncover and denounce acts of corruption, and to participate in the prevention and combat against corruption.
Agencies and/or organizations shall have to protect the rights and interests of those who uncover and/or denounce acts of corruption when they are intimidated, retaliated or prejudiced against.
Concerned agencies and/or organizations shall have to provide information and materials for, and meet the requests of, competent agencies and/or organizations in the process of inspection, investigation and dealing with persons committing acts of corruption.
Article 7.- The heads of agencies or organizations shall, within their respective tasks and powers, have to take measures to prevent and deal with acts of corruption and create conditions for competent agencies and/or organizations to deal with persons committing acts of corruption; if out of irresponsibility they let corruption occur in their agencies or organizations, they shall be dealt with according to law.
Article 8.- The inspecting agencies, the investigating agencies, the procuracies and the courts shall, within their respective functions, tasks and powers, have to coordinate with other agencies and organizations in detecting acts of corruption, dealing with persons who commit acts of corruption, and take responsibility before law for their conclusions and decisions in the course of inspection, investigation, prosecution and trial of corruption cases.
Article 9.- The Government shall organize, direct and inspect the prevention and combat against corruption by all levels and all branches.
The ministries, ministerial-level agencies, agencies attached to the Government and the People's Committees of all levels shall, within the scope of their functions, tasks and powers, organize, direct and inspect the prevention and combat against corruption in the ministries, branches and localities.
Article 10.- The National Assembly Standing Committee, the Nationality Council, the Commissions of the National Assembly, the National Assembly deputies' delegations, the National Assembly deputies, the People's Councils and the People's Council deputies at all levels shall, within the scope of their tasks and powers, have to supervise agencies and organizations in preventing and detecting acts of corruption as well as in dealing with persons who commit acts of corruption; upon detection of acts of corruption, they have the right to request concerned agencies or organizations to take necessary measures in order to promptly check corruption acts and deal with corrupt persons.
Article 11.- The Vietnam Fatherland Front and its member organizations shall have to mobilize the people to actively participate in the prevention and combat against corruption; request competent agencies and organizations to formulate conclusions on and handle corruption cases; supervise the application of measures to prevent corruption acts and deal with the persons who commit acts of corruption.
The people's inspectorates, established at grassroots unit under the provisions of law, shall, under the guidance of grassroots Vietnam Fatherland Front organizations and trade unions, have to detect, propose competent agencies or organization to handle and supervise the handling of persons committing acts of corruption in their agencies, organizations and localities.
The Vietnam Fatherland Front and its member organizations shall have the right to request competent agencies or organizations to reconsider their decisions on handling corruption cases if they deem that such handlings are not strict and adequate under the provisions of law. The competent agencies or organizations shall have to reconsider and answer the petitioning or requesting organizations.
Article 12.- Information and press agencies shall have to participate in the prevention and combat against corruption; their reports must be accurate, truthful and objective as prescribed by the Press Law and they shall have to bear responsibility before law for their reports.
Chapter II
MEASURES TO PREVENT AND DETECT CORRUPTION
Article 13.-
1. Persons holding responsible positions and powers must refrain from doing the following:
a/ Harassing and/or causing troubles and difficulties while discharging the work of agencies, organizations and/or individuals;
b/ Receiving money, property or other material benefits from agencies, organizations and/or individuals related to the affairs they are handling;
c/ Using public money to make presents or apportioning it to officials, public employees and other persons in contravention of the State's regulations;
d/ Unlawfully intervening in the consideration and settlement of interests for themselves and other people or letting other people take advantage of their influence to act against law and gain unlawful benefits;
e/ Taking advantage of their positions and powers to borrow or lend money of public funds, banks or credit organizations; misusing their positions and powers to guarantee other people's loans from public funds, banks or credit organizations;
f/ Using public funds, houses, land or other property of agencies and/or organizations or abusing other people's labor to gain benefits unlawfully;
g/ Abusing positions and powers to appropriate land or distribute public land for rent collection or use land for illegal businesses in other forms;
h/ Disclosing economic and other information which are not yet allowed to be disclosed;
i/ Depositing money, precious metals or gems into foreign banks.
2. Persons defined in Points 1, 2 and 3, Article 2 of this Ordinance shall not be allowed to set up, participate in the setting up or join the management and running of private enterprises, companies with limited liabilities, joint stock companies, cooperatives, private hospitals, private schools, private scientific research institutions.
The heads and deputy-heads of agencies, their spouse, parents or children shall not be allowed to contribute capital to enterprises operating within the branches or trades over which they are directly performing State management.
The leading and managerial cadres of the equitized State enterprises, their spouse, parents or children who are working at such enterprises shall be allowed only to buy shares not exceeding the average share of the shareholders.
3. The heads and deputy-heads of agencies and organizations shall not be allowed to let their spouse, parents, children or siblings hold leading positions of the organization and personnel sections and accountancy sections, work as cashiers or store keepers of agencies and organizations, buy or sell materials and commodities, conduct transactions or sign contracts for such agencies or organizations.
4. The Government shall stipulate in detail the application of provisions in this Article.
Article 14.-
1. Persons holding responsible positions and powers shall have to declare their houses, land and other property of great value.
2. The declarants must declare accurately and truthfully and take responsibility before law for the contents of their declarations.
3. The Government shall specify subjects that need to be declared, the kinds of property to be declared, the time, order and procedures for making declarations.
Article 15.-
1. Agencies and/or organizations having competence in the management of land, houses, construction, business registration, consideration and approval of projects, allocation of capital from the State budget, credit institutions, banks, export and import, exit and entry, household registration, and other agencies directly involved in settling affairs of agencies, organizations and/or individuals shall have to publicize the administrative procedures therefor, settle them in time, in accordance with law and with the legitimate requirements of agencies, organizations and/or individuals.
It is strictly forbidden to set procedures, charges or fees outside the provisions of law.
2. The allocation and use of State budget funds, capital and property for target projects and programs already approved by competent agencies and/or organizations must comply with the provisions of law and approved contents and must be made known to the related agencies and/or organizations as well as the people in the localities where such capital and property are directly used.
3. The mobilization of capital from the people for investment in the construction of projects, as well as the establishment of funds outside the State's regulations must be discussed and decided by the people. Such capital must be used for the right purposes and the use must be made public for supervision by the people and subject to the inspection and examination by competent State bodies.
Article 16.-
1. The heads of agencies and organizations must be exemplary and upright; periodically review their responsibilities and tasks in preventing and detecting acts of corruption and dealing with persons who commit acts of corruption.
2. The heads of agencies and organizations must regularly supervise and inspect the discharge of the responsibilities and tasks assigned to the agencies, organizations and individuals under their charge; apply measures to prevent and detect acts of corruption, deal with persons who commit corruption and inform the competent State bodies thereof as prescribed by law.
Article 17.- Those who hold responsible positions and powers but fail to fulfill their assigned responsibilities and tasks and let other people violate law for personal benefits shall be disciplined or examined for penal liability, depending on the nature and extent of the violation(s).
Article 18.- Upon detecting acts of corruption, citizens shall have to promptly denounce them to competent agencies and/or organizations.
Agencies and/or organization receiving denunciations of corruption acts shall have to handle them in time according to law, and keep secret the names and addresses of the denouncers.
Article 19.-
1. Those who denounce acts of corruption in time and create conditions for competent agencies and/or organizations to detect corruption acts and deal with corrupt persons shall be duly commended and rewarded according to the Government's regulations.
Those who denounce acts of corruption shall be entitled to request concerned agencies and/or organizations to protect their lives, freedom, honor, dignity, property and other legitimate rights and interests. Agencies and/or organizations shall have to take necessary measures within their jurisdiction to protect the denouncers.
2. All acts of abusing the right to denunciation to slander and harm the honor, prestige and interests of agencies, organizations or individuals are strictly forbidden. The slanderers must be duly dealt with by law.
Article 20.- In the process of inspection, investigation, prosecution and trial, the inspection agencies, the investigating agencies, the procuracies and courts must strictly abide by the provisions of law so as to quickly and accurately detect acts of corruption and deal with in time and duly persons who commit acts of corruption.
Persons who are assigned the tasks of inspection, investigation, prosecution and trial but pass over corrupt persons and acts of corruption due to irresponsibility, deliberately breach the provisions of law, cover up persons who commit corruption or wrongly inculpate innocent people shall be disciplined or examined for penal liability, depending on the nature and extent of the violations.
Chapter III
HANDLING ACTS OF CORRUPTION
Article 21.- Persons who commit one of the following acts of corruption shall be examined for penal liability:
1. Embezzling socialist property or abusing positions and powers to swindle and appropriate socialist property, abusing positions and powers to appropriate individuals' property valued at five million Vietnam dong or more, or under five million Vietnam dong but causing serious consequences, committing repeated violations in spite of having been disciplined;
2. Taking bribes or abusing positions and powers to influence others for personal benefits valued at five hundred thousand Vietnam dong or more or under five hundred thousand Vietnam dong but causing serious consequences, committing repeated violations in spite of having been disciplined;
3. Using socialist property for bribery or abusing positions and powers to give bribes, acting as middleman for a bribe valued at five hundred thousand Vietnam dong or more or at under five hundred thousand Vietnam dong but causing serious consequences or committing the violations repeatedly;
4. Abusing positions and powers to set up unlawful funds of from fifty million Vietnam dong or more for personal benefits and having used such funds, thus causing serious consequences or having been disciplined but continuing the violations;
5. Abusing positions and powers to illegally use socialist property for personal benefits, causing serious consequences or having been disciplined but continuing the violations;
6. Abusing positions, powers and prestige to appropriate socialist property; abusing positions and powers for personal benefits while performing public duties, abusing powers while performing public duties, committing forgery in work thus harming the interests of the State and collectives as well as the legitimate rights and interests of individuals.
Article 22.- Persons who commit acts of corruption but not seriously enough to be examined for penal liability shall, depending on the nature and seriousness of the violations, the value of the corruption property, the extent of damage and the existence of extenuating or aggravating circumstances defined in Article 23 of this Ordinance, be subject to one of the following disciplinary forms:
1. Reprimand;
2. Warning;
3. Wage cut;
4. Demotion;
5. Removal from position or office;
6. Sack.
Article 23.-
1. Aggravating circumstances to be taken into consideration before the application of disciplinary forms against corrupt persons:
a/ Using devious means to cover up their offenses;
b/ Taking advantage of their positions and powers to prevent competent agencies or organizations from detecting and dealing with their acts of corruption;
c/ Failing to abide by the decision of the competent agency or organization to return the corruption property or to compensate for the losses caused by their acts of corruption.
2. Extenuating circumstances to be taken into consideration before the application of disciplinary forms against corrupt persons:
a/ Reporting at their own free will their acts of corruption before they are detected;
b/ Actively limiting the damage caused by their acts of corruption;
c/ Voluntarily returning the corruption property and compensating the damage caused by their corruption acts.
Article 24.- Corrupt persons who are disciplined with either form of wage lowering, demotion or dismissal from position or office shall be transferred to other jobs not related to corruption-prone activities.
Persons who commit acts of corruption and are disciplined by sacking shall not be admitted to work as public officials or employees for a period of from three to five years from the date the disciplinary decision is issued.
Corrupt persons who are members of agencies and/or organizations that have their own charters or rules, apart from being disciplined according to this Ordinance, shall be dealt with in accordance with the charters or rules of such agencies or organizations.
Corrupt persons who work under labor contracts shall be dealt with according to the Labor Code and relevant legal documents.
Article 25.- The heads of agencies or organizations, when detecting acts of corruption in their agencies or organizations, shall have to consider and deal with corrupt persons according to their competence, apply necessary measures to recover the appropriated property and notify competent agencies or organizations thereof; in cases there are signs of criminality, they must transfer the dossiers or report to the investigating agencies or the procuracies for consideration and handling.
Heads of agencies or organizations who fail to handle the cases according to their competence or fail to transfer corruption cases with signs of criminality to the investigating agencies or the procuracies as prescribed by law shall be dealt with for acts of cover-up.
They shall not be entitled to transfer persons under investigation by competent agencies or organizations for their acts of corruption to other agencies or organizations, or to let them quit their jobs or retire.
Corrupt persons who have been transferred, have quit their jobs or retired before their acts of corruption are detected shall still be responsible for such corruption acts.
Article 26.- In the course of investigation, prosecution and trial of corruption-related crimes, the investigating agencies, the procuracies and the courts shall have to deal with them strictly and promptly and apply necessary measures prescribed by law to recover the appropriated property.
Article 27.-
1. During the process of investigation, the head of an investigating agency shall be entitled to apply the following measures:
a/ Requesting the head of the competent agency and/or organization to temporarily suspend the work of the person committing acts of corruption if there are grounds to believe that such person may continue committing acts of corruption or obstruct the inspection;
b/ Sealing documents and inventorying the property of the agency or organization which are determined as the object of the inspection involved in the corruption case;
c/ Applying other measures as prescribed by the legislation on inspection.
When applying the measures prescribed in this Clause, the State Inspectorates shall be responsible before law for the application thereof.
2. When there are grounds to conclude that an act of corruption is not serious enough to be examined for penal liability, the head of the concerned State Inspectorate shall transfer the dossier to the head of the competent agency or organization, requesting the latter to deal with the corrupt person(s) and apply necessary measures to recover the appropriated property.
3. Upon finding criminal signs in corruption cases, the heads of the State Inspectorates shall have to immediately transfer the dossiers to the investigating agencies or the procuracies as prescribed by law.
Article 28.- Upon receiving the requests of the State Inspectorates, the investigating agencies or the procuracies, the heads of the concerned agencies and/or organizations shall, within three days, have to satisfy such requests. Failing this, the reasons must be clearly stated in writing.
Article 29.- Upon receipt of dossiers sent by agencies and/or organizations, the investigating agencies and the procuracies shall have to study and handle them in time according to their competence, apply necessary measures to recover the appropriated property and notify the sending-agencies and/or organizations of the results.
Article 30.- Those who cover up corrupt persons, obstruct or intervene in the detection or handling of corrupt persons shall, depending on the nature and seriousness of the violations, be dealt with in one of the disciplinary forms prescribed in Article 23 of this Ordinance or examined for penal liability.
Persons who commit acts of retaliation or prejudice against detectors or denouncers of corruption acts shall be duly punished by law.
Chapter IV
RESPONSIBILITIES AND RELATIONSHIP OF COORDINATION AMONG AGENCIES, ORGANIZATIONS IN THE PREVENTION AND HANDLING OF CORRUPT PERSONS
Article 31.- Investigating agencies, procuracies and courts shall, within the scope of their respective tasks and powers, have to coordinate with one another in the investigation, prosecution and trial of corruption-related offenses.
The people's procuracies of all levels shall have to supervise the observance of law in the process of discovering and handling corruption-related offenses.
The Head of the Supreme People's procuracies shall have to report to the National Assembly, the National Assembly Standing Committee and the State President on the situation of dealing with corruption-related crimes, and notify the Prime Minister thereof.
Article 32.- The heads of agencies or organizations shall have to report to their higher bodies on and notify the State inspectorates of the same level of the prevention and detection of corruption acts as well as disciplines against corrupt persons within the scope of their responsibility.
Within the scope of their responsibilities and powers, the chief inspectors of all levels and all branches shall have to supervise and promote the prevention and detection of corruption acts and the handling of corrupt persons in agencies and organizations under their ministries, branches or localities, and report to the heads of the State management agencies of the same level and the higher State inspectorate on the prevention and combat against corruption.
The State Inspector General shall assume the prime responsibility and coordinate with the Minister of the Interior, the Defense Minister and the heads of concerned agencies in assisting the Prime Minister to guide, supervise and promote different levels and branches in the prevention and detection of corruption acts and dealing with corrupt persons, and sum up the situation and report to the Government on the prevention and combat against corruption throughout the country.
Article 33.- The Prime Minister shall direct the ministries, the ministerial-level agencies, the agencies attached to the Government, the People's Committees of the provinces and cities directly under the Central Government to prevent and combat corruption, and report to the National Assembly and its Standing Committee and the State President on this fight against corruption throughout the country.
When necessary, the Prime Minister shall discuss with the Chairman of the Supreme People's Court, the Director of the Supreme People's procuracies and concerned agencies for the uniform direction of the prevention and combat against corruption.
Article 34.- The heads of agencies or organizations shall, within the scope of their tasks and powers, have to apply measures to prevent and detect acts of corruption and deal with corrupt persons.
The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to report to the Prime Minister on prevention and combat against corruption within their ministries, branches or localities.
Article 35.- The National Assembly Standing Committee, the Nationality Council, the Commissions of the National Assembly deputies' delegations and the National Assembly deputies shall supervise the application of measures to prevent and detect acts of corruption and to deal with corrupt persons, and supervise the inspection, investigation, prosecution and trial of corruption cases.
Article 36.- The People's Councils and deputies to the People's Councils of all levels shall supervise the application of measures to prevent and detect acts of corruption and deal with corrupt persons and supervise the inspection, investigation, prosecution and trial of corruption cases in their localities.
The presidents of the People's Committees, chairmen of the people's courts, directors of the people's procuracies of all levels shall, within their respective tasks and powers, have to report to the People's Councils of the same level on the prevention and combat against corruption in their respective localities.
Chapter V
IMPLEMENTATION PROVISIONS
Article 37.- This Ordinance takes effect as from May 1, 1998.
All previous stipulations which are contrary to this Ordinance are hereby annulled.
Article 38.- The Government, the Supreme People's Court and the Supreme People's procuracies shall, within the scope of their tasks and powers, have to specify and guide the implementation of this Ordinance.
On behalf of the National Assembly Standing Committee
Chairman
NONG DUC MANH