Who is a Person with Position and Authority?

On November 20, 2018, the National Assembly of the Socialist Republic of Vietnam, Session XIV, at its 6th session, passed the Anti-Corruption Law No. 36/2018/QH14 (hereinafter referred to as the Anti-Corruption Law 2018).

The Anti-Corruption Law 2018 stipulates the prevention and detection of corruption; handling corruption and other acts violating anti-corruption laws.

According to Clause 2, Article 3 of the Anti-Corruption Law 2018 (which comes into effect from July 1, 2019), a person with a position and authority is defined as a person appointed, elected, recruited, contracted, or through another form, who may or may not receive a salary, assigned to perform certain duties or tasks and possesses certain powers while performing those duties or tasks, including:

- Officials and public employees;

- Officers, professional soldiers, workers, national defense public employees in agencies, units under the People's Army; officers, professional and technical non-commissioned officers, police workers in agencies, units under the People's Police;

- Representatives of state capital in enterprises;

- Persons holding management titles and positions in enterprises and organizations;

- Other individuals who are assigned to perform tasks and have authority while performing those tasks.

The above represents our advisory opinion regarding the issue you are inquiring about.

Sincerely!