Do cadres and civil servants in Vietnam have the right to receive gifts during the Lunar New Year holiday in 2024?

Do cadres and civil servants in Vietnam have the right to receive gifts during the Lunar New Year holiday in 2024?

Pursuant to Clause 2 Article 22 of the Law on Anti-Corruption in 2018 stipulating as follows:

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 must not 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.

At the same time, the Central Committee of the Communist Party of Vietnam issued Directive 26-CT/TW in 2023 on the organization of the Lunar New Year of 2024. Accordingly, Section 3 of Directive 26-CT/TW in 2023 stipulates as follows:

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3. No visits or greetings to superiors and leaders at all levels will be organized; no delegations from the Central Government will be organized to visit and greet the Party Committees and People's Committees of provinces and cities; strictly prohibiting the giving and receiving of New Year's gifts to leaders at all levels in any form; officials at all levels are only allowed to attend pagoda ceremonies and festivals when assigned; do not participate in superstitious activities; do not use state budget, public vehicles, and public property for festival activities and entertainment activities outside of regulations... Strictly implement the regulations on the responsibility to set an example for officials and party members and the things that party members are not allowed to do.

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Therefore, cadres and civil servants are not allowed to directly or indirectly receive gifts in any form from agencies, organizations, units, or individuals related to the work they are responsible for or within their management scope.

Do cadres and civil servants in Vietnam have the right to receive gifts during the Lunar New Year holiday in 2024? - Source: Internet

How shall cadres and civil servants in Vietnam handle the gifts in case they cannot refuse?

Pursuant to Clause 1 Article 26 of the Decree 59/2019/NĐ-CP stipulating as follows:

Reporting, returning gifts

1. The agencies, organizations or units must reject the inappropriate gifts; if unable to reject, the gifts must be handed over to the department in charge of managing gifts of that agencies or units for further handling specified in Article 27 of this Decree.

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Based on the above regulations, in order to avoid disciplinary action, civil servants must refuse to accept New Year's gifts.

If a civil servant receives a gift that is not in accordance with the regulations, they must refuse; if they cannot refuse, they must deliver the gift to the department responsible for managing gifts in that agency or unit for processing in accordance with the provisions of Article 27 of Decree 59/2019/NĐ-CP.

Pursuant to Article 27 of the Decree 59/2019/NĐ-CP stipulating disposal of gifts as follows:

- If the gifts are cash or financial instruments, the heads of agencies, organizations or units must take over, preserve and turn it in the government budget as per law.

- If the gifts are goods or products, the heads of agencies, organizations or units must take over, preserve and proceed to:

+ Determine the price of the gifts based on the price provided by the giver (if any) or the price of similar products on the market. If the price of the gifts cannot be determined, the competent agencies may be required to evaluate the price;

+ Decide to sell and publicly sell the gifts as per law;

+ After taking into account the cost of disposal, the proceeds minus cost will be transferred to the government budget within 30 days from the day on which the gifts are sold.

- If the gifts are services such as domestic or overseas sightseeing, travel, medical, education and training, internship, practice and other services, the heads of the agencies, organizations or units must inform the corresponding service providers of not using the gifted services.

- If the gifts are animals, plants, raw or fresh food and other products difficult to preserve, the heads of the agencies, organizations or units based on the current situation and comply with regulations and law on handling confiscated material evidence in administrative sanctions to handle the gifts within their competence or report to the competent agencies for further consideration and solutions.

- Within 05 working days from the day on which the gifts are disposed, the agencies, organizations or units in charge of disposing the gifts must submit reports to the superiors of the agencies, organizations, units or individuals who presented the gifts for further consideration and solutions within their competence.

What are regulations on giving gifts to cadres and civil servants in Vietnam?

Pursuant to Article 24 of the Decree 59/2019/NĐ-CP stipulating regulations on giving gifts as follows:

Regulations on giving gifts

1. The office holding agencies, organizations, units or individuals can only use public finance or property as gifts for charity, foreign affairs and provision of benefits as per law.

2. The act of giving gifts must serve the right policies, thresholds, standards and subjects as per law; the agencies, units giving gifts must record, account and publicize within the agency or unit as per law.

As regulations above, regulations on giving gifts to cadres and civil servants in Vietnam are as follows:

- The office holding agencies, organizations, units or individuals can only use public finance or property as gifts for charity, foreign affairs and provision of benefits as per law.

- The act of giving gifts must serve the right policies, thresholds, standards and subjects as per law; the agencies, units giving gifts must record, account and publicize within the agency or unit as per law.

Best regards!