Acts of corruption and misconduct in the management and use of public property in Vietnam

Acts of corruption and misconduct in the management and use of public property in Vietnam (Image from the internet)

On October 8, 2024, the Central Executive Committee issued Regulation 189-QD/TW concerning the control of power, prevention, and combat of corruption and misconduct in the management and use of public finances and property in Vietnam.

Acts of corruption and misconduct in the management and use of public property in Vietnam

Regulation 189-QD/TW of 2024 addresses principles, subjects, scope, methods, responsibilities, authorities, and handling of responsibilities in the control of power, prevention, and combat of corruption and misconduct in the management and use of public finances and property in Vietnam. This applies to the following subjects:

- Party committees and related Party organizations in the management and use of Public Finances and property.

- State agencies, units, organizations, and state enterprises with authority over the management and use of Public Finances and property.

- Officials and public employees, Party members, and persons with authority in the management and use of Public Finances and property in agencies, units, organizations, and state enterprises.

Among these, Article 9 of Regulation 189-QD/TW of 2024 stipulates the following 10 acts of corruption and negative behavior in the management and use of public property:

(1) Leading, directing, advising, or issuing documents contrary to the policies, regulations of the Communist Party, or State laws concerning the investment, procurement, management, and utilization of public property.

(2) Taking advantage of, or abusing position and authority to illegally seize, hold, or use public property.

(3) Investing in construction, procurement, allocation, leasing, or using public property improperly, against policies, or exceeding standards and limits.

(4) Allocating public property to agencies, organizations, units, or individuals beyond standards and limits, or to those without the need for use.

(5) Misusing public property given by organizations or individuals for purposes, policies, exceeding standards, and limits.

(6) Using or failing to use allocated public property wastefully; using assets for business purposes, leasing, joint venture, or collaboration inconsistently with their intended use, affecting the performance of functions and tasks assigned by the Communist Party or the State; using public property for illegal business.

(7) Handling public property contrary to State laws. Destroying or intentionally damaging public property.

(8) Failing to perform or inadequately performing responsibilities and obligations in managing and using public property as prescribed by law.

(9) Non-compliance with planning management, bidding, investment, construction, management, and use of houses, land, resources, and assets of the Communist Party and the State.

(10) Other Acts of corruption and misconduct in the management and use of public property in Vietnam as per the policies, regulations of the Communist Party and State laws.

Principles of Power Control, anti-corruption and anti-misconduct in the Management and Use of Public Finances and property in Vietnam

- Ensuring the unified, comprehensive, direct, and absolute leadership of the Communist Party; strictly adhering to the Party’s policies and regulations and the State laws on the management and use of Public Finances and property.

- State power in managing and using Public Finances and property must be strictly controlled and unified; ensuring power is used correctly and effectively; any abuse or misuse of power for corruption or misconduct must be prevented, detected, and promptly addressed.

- Effectively integrating mechanisms for inspection, supervision, and control of state power by the Communist Party, the State, and the People; rigorously applying the principles of democratic centralism, accountability, publicity, and transparency in every state agency.

- The content of control must be comprehensive, with a focus on key areas; control activities must respect and not hinder the normal operations of agencies, units, organizations, and authorized persons in the management and use of Public Finances and property.

(Article 2 of Regulation 189-QD/TW of 2024)

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