Ministry of Industry and Trade of Vietnam: 03 measures to prevent corruption in enterprises (Internet image)

Ministry of Industry and Trade of Vietnam: 03 measures to prevent corruption in enterprises (Internet image)

The Ministry of Industry and Trade of Vietnam issued Official Dispatch 8387/BCT-TTB in 2022 guiding the implementation of anti-corruption work.

1. What is corruption in enterprises?

Corruption in an enterprise is an act committed by a person holding a position or authority in an enterprise, including:

- Embezzlement of property;

- Bribery;

- Giving bribes or brokering bribes to settle the affairs of their enterprises or organizations for their own benefit.

2. Characteristics of corruption in enterprises under the Ministry of Industry and Trade of Vietnam

Characteristics of corruption in business are that persons with positions and powers in enterprises take advantage of their assigned positions, powers and duties for personal gain, causing damage and threatening the rights and interests of their enterprises.

In which, a person holding a position and authority in an enterprise is a person who is appointed, recruited, contracted or otherwise, with or without salary, assigned to perform certain tasks and have certain powers while performing that task. Persons holding positions and powers in enterprises under the Ministry include:

- The representative of the state capital share in the enterprise;

- Holders of managerial titles and positions in the enterprise;

- Other people assigned to perform a task, and have authority while performing that task.

3. 03 measures to prevent corruption in enterprises under the Ministry of Industry and Trade of Vietnam

03 measures to prevent corruption in enterprises include:

(1) Building a healthy, corruption-free business culture according to the provisions of Articles 78 and 79 of the Law on Anti-Corruption.

- Pursuant to the provisions of the Law on Anti-Corruption and other relevant laws, the enterprise shall issue the business ethics code and the code of professional ethics for the employees in the enterprise.

- Promulgating and implementing codes of conduct and internal control mechanisms to prevent conflicts of interest, prevent corrupt acts and build a healthy, non-corrupt business culture.

(2) Implement publicity and transparency in organization and operation according to the provisions of Article 9, Points a, c and d Clause 1 Article 10, Article 11, Article 12, Article 80 of the Law on Anti-Corruption and Article 53 of Decree 59/2019/ND-CP.

- Based on the characteristics of the organization and operation, the enterprise is responsible for specifying the form of publicity, the content of the publicity, and the responsibility for publicity and transparency in the enterprise.

- Regarding public content:

+ The implementation of policies and laws pertaining to employees' and members' legal rights and interests;

+ Salary and bonus structures;

+ working time, rest time, and other social welfare regimes; codes of conduct; corporate charters;

The organization and arrangement of personnel and other contents must be public and transparent in accordance with relevant laws.

- Disclosure of information in accordance with Decree 47/2021/ND-CP, which details a number of articles of the Law on Enterprises.

(3) Implement the control of conflicts of interest according to the provisions of Articles 23 and 80 of the Law on Anti-Corruption and Article 54 of Decree 59/2019/ND-CP.

- Specifying conflicts of interest, information responsibility, reporting on conflicts of interest, and publicizing, disseminating, and training all employees and members of the enterprise.

- Specifying the receipt and processing of information, as well as reporting on conflicts of interest in the enterprise, including monitoring and applying other appropriate measures to control conflicts of interest in accordance with its competence.

- Taking timely protective measures to protect the legitimate rights and interests of employees who have informed or reported on conflicts of interest in the enterprise when suffering damage or threatening to cause damage.

- In the event of a conflict of interest that leads to a violation of the law, report it to the appropriate state agencies in accordance with the law.

- Outlining the head's and deputy head's responsibilities when there is corruption in the unit or organization under his/her management.

- When there is corruption in the unit or organization under his/her management, cases are considered to be excluded, exempted, reduced, or increased responsibility for the head and deputy of the head.

- Specifying the order and procedures for handling the head's and the head's deputy's responsibilities when corruption occurs in the units or organizations under his/her management.

Diem My

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