Directive 40 in 2024: Strict prohibition of giving and receiving Lunar New Year Gifts in 2025 for leaders at all levels in any form

Directive 40 in 2024: Strict prohibition of giving and receiving Lunar New Year Gifts in 2025 for leaders at all levels in any form

On December 11, 2024, the Central Executive Committee issued Directive 40-CT/TW in 2024 regarding the organization of the Lunar New Year 2025. Directive 40 in 2024 strictly prohibits the giving of Lunar New Year 2025 gifts to leaders at all levels in any form. Additionally, it stipulates the following regulations:

- Strengthening efforts to prevent waste and negative impacts

- No visits or New Year greeting activities to higher-level authorities and leaders at all levels

- No organizational visits from central authorities to local Party committees and governmental authorities for New Year greetings

- Prohibitions on participating in superstitious activities

- Leaders at all levels may only attend temple ceremonies and festivals when assigned (except when attending in a personal capacity)

- Prohibiting the use of state budgets, means, and public assets contrary to regulations for festival and recreational activities

- Strictly implementing regulations on revolutionary ethical standards; the responsibility of setting an example for officials, Party members, and the prohibitions for Party members, especially regarding not driving under the influence of alcohol.

Directive 40 in 2024: Strict prohibition of giving and receiving Lunar New Year Gifts in 2025 for leaders at all levels in any form​ (Image from the Internet)

What are the regulations regarding receiving gifts for leaders at all levels?

Pursuant to Article 25 of Decree 59/2019/ND-CP regarding the receipt of gifts:

Article 25. Regulations on Receiving Gifts

Agencies, organizations, units, and individuals with positions and authority are not allowed to directly or indirectly receive gifts in any form from agencies, organizations, units, or individuals related to the work they handle or fall within their management. If refusal is not possible, the agency, organization, or unit must manage and process gifts according to the provisions in Article 27 of this Decree.

Thus, the content concerning the receipt of gifts for leaders at all levels includes:

- Agencies, organizations, units, and individuals with positions and authority are not allowed to directly or indirectly receive gifts in any form from agencies, organizations, units, or individuals related to the work they handle or fall within their management.

- If refusal is not possible, the agency, organization, or unit must manage and process gifts according to the provisions of Decree 59/2019/ND-CP.

How to handle gifts that leaders in Vietnam cannot refuse?

Based on Article 27 of Decree 59/2019/ND-CP, gifts that leaders cannot refuse must be handled by agencies, organizations, units as follows:

[1] For cash or negotiable instruments: The head of the agency, organization, or unit organizes the receipt, safekeeping, and procedures for depositing into the state budget according to legal regulations.

[2] For tangible gifts, the head of the agency, organization, or unit undertakes the following:

- Determine the value of the gift based on the price provided by the agency, unit, or individual giving the gift (if any) or the value of similar gifts sold in the market. If the value of the tangible gift cannot be determined, a request can be made to the responsible agency for valuation.

- Decide to sell the gift and publicly organize the sale of the gift according to the law.

- Deposit the proceeds after deducting costs related to handling the gift into the state budget within 30 days from the date of sale.

[3] For gifts such as travel, tourism, healthcare, education, training, internships, and similar services: The head of the agency, organization, or unit must notify the service-providing entity not to use the service.

[4] For gifts such as animals, plants, fresh or live food, and other difficult-to-preserve items: The head of the agency, organization, or unit evaluates the situation and legal provisions on handling evidence in administrative violations to make decisions or report to the competent authority for consideration and decision-making.

[5] Within 5 working days from the date of handling the gift, the agency, organization, or unit handling the gift must notify in writing the agency, organization, or unit managing the gift giver or the immediate superior of the agency, organization, or unit that gave the gift to consider and handle according to authority.