Corrupt acts in proceedings and judgment enforcement in Vietnam

Corrupt acts in proceedings and judgment enforcement in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Corrupt acts in proceedings and judgment enforcement in Vietnam

On October 27, 2023, the Politburo issued Regulation 132-QD/TW on controlling power, preventing and combating corruption and misconduct in investigation, prosecution, trial and judgment enforcement activities.

According to Regulation 132-QD/TW, corrupt acts in proceedings and judgment enforcement in Vietnam include:

- Leading, directing, advising, and promulgating documents contrary to the Party's policies and regulations and the State's laws in litigation, judgment enforcement, and other related activities.

- Failure to implement or improperly or incompletely implement the Party's policies and regulations, State laws, working regulations, professional processes, ethical standards, codes of conduct, duties, and official duties in litigation, judgment enforcement, and other related activities.

- Lack of responsibility, lax leadership and management, allowing violations, taking advantage, abuse of position, abuse of power, corruption, and misconduct in litigation, judgment enforcement, and other related activities.

- Covering up, tolerating, abetting, and improperly handling violations, taking advantage, abusing positions and powers, abuse of power, corruption, and misconduct in litigation, judgment enforcement, and other related activities.

- Interfering, hindering, or influencing contrary to Party regulations and State laws in proceedings and judgment enforcement and other related activities; inspection, supervision, inspection and audit activities of party committees, party organizations, advisory and assisting agencies of the Party and functional agencies; supervision activities of agencies and elected representatives; the Fatherland Front, socio-political organizations; and the People for litigation and judgment enforcement activities and other related activities.

- Directing or forcing subordinates to conceal, not report, report falsely, not comply or not comply with regulations, professional processes lead to erroneous results in handling criminal information, prosecuting, investigating, prosecuting, adjudicating, executing judgments, and other related activities.

- Intentionally not receiving, processing, or receiving information not in accordance with the law for information about crimes; initiating lawsuits to resolve administrative cases, civil cases, requests to resolve civil matters, bankruptcy, and judgment enforcement.

- Concealing, falsifying, omitting, or leaking information about crimes or falsifying records and documents, destroying evidence and exhibits illegally.

- Issuing a decision to prosecute or deciding not to prosecute the case; deciding to prosecute the accused or not issuing a decision to prosecute the accused; deciding to approve or annul the decision to prosecute the accused illegally; not prosecuting guilty people or innocent people or issuing illegal judgments or decisions.

- Deciding to apply, change, or cancel preventive measures, coercive measures, judicial measures, change crimes and penalties, decide to exempt or reduce penalties, exempt or reduce criminal and civil liability, temporarily suspend or suspend the resolution of cases or cases, transfer cases, or merge or separate cases illegally.

- Corporal punishment, forcing confessions, extracting confessions, or directing or organizing confessions against accused persons; coerce and suggest to litigants and other participants in proceedings to provide documents, declarations, and presentations that are not objective and truthful.

- Delaying or prolonging the time for appraisal and valuation of assets not in accordance with the law; intentionally avoiding or prolonging the time to provide documents according to appraisal or valuation requests or providing false documents; untrue appraisal and asset valuation conclusions; or refusing illegal asset appraisal and valuation conclusions.

- Abusing the right to request appraisal, request asset valuation, the right to request the provision of records and documents, or the right to return case files for additional investigation; the right to cancel the judgment and re-investigate; the right to appeal, cassation, and retrial; the right to request an explanation of the judgment to prolong the process of resolving the case or incident; and the right to execute the judgment for personal gain.

- Recommend and decide to postpone or temporarily suspend the execution of prison sentences, exempt or reduce the period of serving prison sentences, release prison sentences early with conditions, shorten the probation period of people receiving suspended sentences, and consider and request amnesty in violation of the law.

- Intentionally executing a judgment contrary to the content of a legally effective judgment or decision or failing to issue a decision to execute a judgment, delaying or extending the time to resolve the illegal execution of a judgment; deciding to apply security measures, temporary emergency measures, enforcement of judgments, collusion, collusion with price appraisal units, asset auctions
to limit buyers, suppress prices, and lower the prices of assets for illegal judgment enforcement.

- Intentionally violating regulations on sealing, unsealing, distraint of assets, freezing of accounts, seizure, preservation, and handling of physical evidence, seized assets, and judgment enforcement assets.

- Illegally obstructing the activities of defenders, defenders of the legitimate rights and interests of victims and litigants; self-defense activities, asking defense counsel, protecting legitimate rights and interests, or exercising the right to complain or denounce other rights of victims, judgment creditors, litigants, accused persons, judgment executors, and judgment debtors according to the provisions of law.

- Consulting, contacting, and resolving improperly the regulations on visit, meeting, and contact regimes for accused persons and prisoners; causing trouble or harassment to the accused, the person serving the sentence, the person subject to the judgment, the victim, the person being executed, the litigant or their relatives for personal gain or other motives. 

- Taking advantage of work related to state secrets or work secrets for personal gain or other personal motives; direct, provide, or disclose information, records, and documents related to cases and incidents contrary to Party regulations and State laws.

- Taking advantage of, abusing positions and powers, and abusing power to appropriate property; taking advantage of influence over people with positions and powers; or falsifying work to profit in litigation, judgment enforcement, and other related activities.

- Taking advantage of, abusing positions and powers, or abusing power to impose or legitimize one's illegal actions or decisions or to resolve personal matters in proceedings, judgment enforcement, and other related activities.

- Accepting gifts (material or non-material benefits) in any form to violate Party regulations and State laws; giving gifts (directly or indirectly in any form) to influence and influence competent people in proceedings and judgment enforcement; and other related activities that distort the results of handling criminal information, prosecuting, investigating, prosecuting, adjudicating, executing sentences, and other related activities.

- Intentionally allowing family members and other relatives to take advantage of their position and authority to seek personal gain or participate in defense or legal advice in cases or matters that they direct or directly resolve.

- Intentionally not resolving, not implementing or resolving, performing improperly, or obstructing the settlement for recommendations, feedback, complaints, denunciations, requests in proceedings, judgment enforcement, and other related activities.

- Revealing information, threatening, retaliating, and repressing people who petition, report, denounce, report, inform, and provide information on corrupt and negative acts in litigation activities, judgment enforcement, and other related activities within the scope of assigned management and responsibility.

- Threatening, retaliating, harassing, and bribing people who report crimes, people who report corrupt or negative acts related to themselves, or people with family relationships in the process of resolving cases, matters, and executing judgments.

- Taking advantage of, abusing positions and powers, and abusing power in applying professional measures to harm the legitimate rights and interests of organizations and individuals; illegally using information and documents collected from professional measures.

- Acts of taking advantage of, abusing positions, powers, abuse of power, corruption, and other negative actions in litigation, judgment enforcement, and other related activities according to party regulations and State laws.

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