10 prohibited actions of Vietnamese officials and public employees from July 01, 2019

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1. Using influence to interfere with work resolution in Vietnam

Legal Basis: Point a Clause 2 Article 20 Anti-Corruption Law 2018.

2. Establishing or participating in management or operations in Vietnam

- Private enterprises;

- Limited liability companies;

- Joint stock companies;

- Partnerships;

- Cooperatives.

Note: Except where stipulated otherwise by law.

Legal Basis: Point b Clause 2 Article 20 Anti-Corruption Law 2018.

3. Advising enterprises on matters related to state secrets in Vietnam

To be specific, according to Point c Clause 2 Article 20 Anti-Corruption Law 2018, individuals with positions of power are not allowed to advise enterprises, organizations, or other individuals both domestically and internationally on work related to:

- State secrets;- Work-related secrets;- Matters within their authority to resolve or participate in resolving.

4. Conducting business in fields previously under their management in Vietnam

This is stipulated in Point d Clause 2 Article 20 Anti-Corruption Law 2018. Officials and public employees are not allowed to establish, hold positions, or manage private enterprises, limited liability companies, joint stock companies, partnerships, or cooperatives in fields that they previously managed, within a certain period as specified by the Government of Vietnam.

5. Illegal use of information from agencies, organizations, or units

Legal Basis: Point dd Clause 2 Article 20 Anti-Corruption Law 2018.

6. Appointing relatives to positions in personnel management, accounting, treasury, or storage

To be specific, the head, or the deputy head of an agency, organization, or unit must not appoint the following individuals to management positions in organization personnel, accounting, or as treasurer or warehouse keeper in the agency, organization, or unit, or in transactions, sales, or service contracts on behalf of the agency, organization, or unit:

- Spouse;- Parents;- Children;- Siblings.

Legal Basis: Clauses 3 and 5 Article 20 Anti-Corruption Law 2018.

7. Investing in enterprises operating in sectors under their management or that of their direct superior

To be specific, according to Clause 4 Article 20 Anti-Corruption Law 2018, the head, or the deputy head of a state agency must not invest capital in enterprises operating in sectors that they directly manage.

8. Allowing spouse, parents, or children to conduct business in sectors under their management

To be specific, the head, or the deputy head of a state agency must not allow their spouse, parents, or children to conduct business in sectors that they directly manage.

Legal Basis: Clause 4 Article 20 Anti-Corruption Law 2018.

9. Signing contracts with enterprises owned by relatives

This content is stipulated in Clause 5 Anti-Corruption Law 2018. Officials and public employees who are members of the Board of Directors, members of the Members' Council, Company Chairman, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and individuals holding other management titles in state enterprises must not sign contracts with enterprises owned by:

- Spouse;- Parents;- Children;- Siblings.

10. Allowing enterprises owned by relatives to bid on their company's projects

Officials and public employees who are members of the Board of Directors, members of the Members' Council, Company Chairman, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and individuals holding other management titles in state enterprises must not allow enterprises owned by their spouse, parents, children, or siblings to bid on their company's projects.

This is stipulated in Clause 5 Article 20 Anti-Corruption Law 2018.

Moreover, officials and public employees must not undertake other activities that individuals with positions of power are prohibited from under the Law on Cadres and Civil Servants, the Law on Public Officials, the Enterprise Law, and other related laws.

- Nguyen Trinh -

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