Vietnam: What are prohibited actions for officials and civil servants during the Lunar New Year 2023? It is strictly forbidden to give Tet gifts to leaders at all levels in any form?

"What are the prohibited actions for officials and civil servants in Vietnam during the Lunar New Year 2023?" - asked Mr. Truong (Phu Tho)

In order to best prepare the conditions to serve the people to celebrate healthily and safely the Lunar New Year 2023, the Government requires officials and civil servants at all levels to well implement the regulations set out in Directive 19/CT-TW in 2022; Regulation 69/QD-TW 2022; The 2018 Anti-Corruption Law as follows:

It is strictly forbidden to give Tet gifts to leaders at all levels in Vietnam in any form?

This is one of the provisions emphasized in Directive 19/CT-TW 2022 of the Central Committee on the organization of the Lunar New Year in 2023 as follows:

3. Fail to organize Tet visits and greetings to superiors and leaders at all levels; fail to organize delegations of the Central Committee to visit and wish Tet greetings at all levels of Party committees and authorities of provinces and cities; be strictly forbidden to give Tet gifts to leaders at all levels in any form; only attend temple ceremonies and festivals when being assigned; fail to participate in superstitious activities; do not use the state budget, public vehicles, and property in contravention of regulations.

According to the above regulations, officials and civil servants at all levels are not allowed to visit and wish New Year's greetings to their superiors and leaders at all levels; organize delegations of the Central Committee to visit and wish Tet greetings at all levels of Party committees and authorities of provinces and cities; are strictly forbidden to give Tet gifts to leaders at all levels in any form in order to prevent the bribery for title appointment according to the provisions of Clause 2, Article 10 of Regulation 205/QD-TW in 2019:

Bribery for title appointment
...
2. Take advantage of it anytime, anywhere, especially on holidays, birthdays and other opportunities, using the name of personal affection or other organizations, agencies, units and individuals to give gifts. gifts, money, real estate, arrangement of entertainment and entertainment activities for leaders, competent people or related people for the purpose of gaining support, trust, position, or power.
...

Also in Article 13 of Regulation 205/QD-TW in 2019 on handling acts of bribery for title appointment as follows:

- Officials, communist party members, civil servants, and public employees committing the bribery for title appointment, covering up, or abetting the bribery for title appointment shall be disciplined according to current regulations. In addition, if they are officials on duty, depending on the form of discipline, they will also be subject to the following disciplinary measures:

+ If they are reprimanded, they will be removed from the staff planning (if they are in the planning). After at least 18 months from the date of removal from the master plan, the staff planning may be considered. Not arranged to do advisory work, professional organization, staff, and inspection.

+ If they are warned, they shall be considered quitting the party committee or holding the current position; removed from the staff planning (if they are in the planning). After at least 30 months from the date the Party Committee issues reassignment decisions, new positions may be considered for staff planning. Not arranged to do advisory work, professional organization, staff, and inspection.

+ If they are dismissed, they will be removed from the staff planning (if they are in the planning). After at least 60 months from the date of removal from the planning, the staff planning may be considered. Not arranged to do advisory work, professional organization, staff, and inspection.

+ If they are expelled from the Party, they are considered for the resignation or termination of employment contracts.

- For acts of committing the bribery for title appointment, covering up, or abetting the bribery for title appointment related to giving or receiving bribes or other violations with seriousness eligible for criminal prosecution, dossiers must be sent to competent agencies for consideration and handling in accordance with law; it is strictly forbidden to retain dossiers to impose administrative penalties.

Shall officials and civil servants in Vietnam be allowed to attend temple ceremonies and festivals on Tet holiday without assignment?

In Directive 19/CT-TW in 2022 of the Central Committee on the organization of the Lunar New Year in 2023, this content is specified as follows:

3. Fail to organize Tet visits and greetings to superiors and leaders at all levels; fail to organize delegations of the Central Committee to visit and wish Tet greetings at all levels of Party committees and authorities of provinces and cities; be strictly forbidden to give Tet gifts to leaders at all levels in any form; only attend temple ceremonies and festivals when being assigned; fail to participate in superstitious activities; do not use the state budget, public vehicles, and property in contravention of regulations.

Accordingly, officials and civil servants are only allowed to attend temple ceremonies and festivals on the occasion of Tet 2023 when being assigned.

It is strictly forbidden for officials and civil servants in Vietnam to play cards illegally in any form?

Pursuant to Article 28 of Decree 144/2021/ND-CP on illegal gambling, officials and civil servants can be fined up to 20 million VND depending on the seriousness of the violation.

For communist party members: Pursuant to Article 49 of Regulation 69/QD-TW 2022, communist party members illegally gambling may be disciplined corresponding to the seriousness of the violation in the following forms:

- Reprimand

- Warning

- Exclusion from the Party.

Are officials and civil servants in Vietnam not allowed to illegally use the public property during the Lunar New Year 2023?

Pursuant to Directive 19/CT-TW in 2022 of the Central Committee on the organization of the 2023 Lunar New Year, this content is specified as follows:

3. Fail to organize Tet visits and greetings to superiors and leaders at all levels; fail to organize delegations of the Central Committee to visit and wish Tet greetings at all levels of Party committees and authorities of provinces and cities; be strictly forbidden to give Tet gifts to leaders at all levels in any form; only attend temple ceremonies and festivals when being assigned; fail to participate in superstitious activities; do not use the state budget, public vehicles, and property in contravention of regulations.

Accordingly, the Central Committee instructs that officials and civil servants must not use public property illegally for personal gain during Lunar New Year 2023 because this is considered one of the corrupt acts under the provisions of Point i, Clause 1, Article 2 of the 2018 Law on Anti-corruption.

Article 2. Acts of corruption
1. Acts of corruption committed by office holders in state organizations include:
...
i) Illegal use of public property for personal gain by abuse of official capacity.

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