Vietnam: Administrative officials are strictly prohibited from acting in an authoritative and extortive manner towards administrative procedure-complying subjects

According to Article 6 of Decree No. 63/2010/ND-CP of Vietnam’s Government, officials assigned to implement administrative procedures are prohibited from committing the following acts:

- Disclosing information on documentation and information relating to business know-how and personal secrets of administrative procedure-complying subjects that are known during the implementation of administrative procedures, unless such disclosure is consented by such subjects in writing or otherwise prescribed by law; using such information to infringe upon others’ legitimate rights and interests;

- Refusing to implement, prolonging the time of implementation or requiring other additional dossiers and papers than those prescribed at their own discretion without giving any reasons in writing;

- Acting in an authoritative, extortive and troubling manner towards administrative procedure-complying subjects; taking advantage of regulations and constraints related to administrative procedures for self-seeking purposes;

- Accepting money or gifts in any forms from administrative procedure-complying subjects upon receipt and handling of administrative procedures other than charges or fees for implementing administrative procedures which have been prescribed and made public;

- Shifting responsibility, showing lack of coordination, causing delays and obstacles in performing assigned tasks.

Besides, to ensure that officials can perform their duties without being tempted by money, this Article also stipulates that:

- Administrative procedure-complying subjects are prohibited from obstructing activities of state agencies and competent persons; from giving bribes or using other expedients to deceive state agencies or competent persons in implementing administrative procedures.

- Agencies, organizations and individuals are prohibited from committing acts that obstruct the control of administrative procedures.

View more details at Decree No. 63/2010/ND-CP of Vietnam’s Government, effective from October 14, 2010.

Nguyen Phu

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