What are cases where an office holder is considered to have conflict of interest in Vietnam?

What are cases where an office holder is considered to have conflict of interest in Vietnam?

Pursuant to the provisions of Article 29 of Decree 59/2019/ND-CP, an office holder is considered to have conflict of interest when there is evidence indicating that he/she falls or will fall into any of the following cases:

- Receiving money, property or other benefits of the agencies, organizations, units or individuals involved in their work or under their management;

- Establishing, managing, operating sole proprietorship, limited liability companies, joint-stock companies, partnerships or cooperatives unless specified otherwise;

- Consulting domestic or foreign enterprises, organizations or individuals about matters regarding secrets of the State, secrets of business within his/her competence to handle or collaborate;

- Using information gained from his/her title, authority to exploit or to serve other organizations or individuals;

- Assigning spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the agencies, organizations, units or to trade goods, services, sign contracts for the agencies, organizations, units in which he/she is the head or deputy;

- Making capital contribution to enterprises within the fields, specialities directly under his/her state management or allowing spouses, parents or children to do business within the fields, specialities directly under his/her state management;

- Signing contracts with enterprises owned by spouses, biological parents, children, siblings or allowing enterprises owned by spouses, biological parents, children, siblings to sign contracts with his/her agencies, organizations, units when he/she is assigned to trade, sell goods, services or sign contracts for the respective agencies, organizations or units;

- Having spouses, biological parents, children, siblings directly benefiting from his/her assignment;

- Interfering or negatively impacting the operation of competent agencies, organizations, units or individuals for personal gain.

What are cases where an office holder is considered to have conflict of interest in Vietnam? (Internet image)

Noticing, reporting on conflict of interest in Vietnam

Noticing, reporting on conflict of interest in Vietnam complies with Article 30 of Decree 59/2019/ND-CP, specifically as follows:

- If the office holder learns or is supposed to learn about any of the conflicts of interest that will occur in the assignment upon receiving or during it, a written report must be submitted to his/her direct supervisor or employer for consideration and handling in compliance with regulations and law.

- The agencies, organizations, units or individuals discovering the conflicts of interest of the office holder must submit a notice or report to his/her direct supervisor or employer for consideration and handling.

- The notice, report on the conflict of interest must be submitted within 05 working days from the day on which the assignment is found to cause any of the conflicts of interest to the assign individual. The notice, report on the conflict of interest must be made on paper and must specify the following information:

= The case of conflict of interest;

= The time of conduct and discovery of conflict of interest;

= The level of influence or negative influence on the assignment of the office holder;

= Suggestions or propositions about solutions to the management of conflict of interest.

Mai Thanh Loi

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