Regulations on giving and receiving gifts for office holders and agencies in Vietnam

Regulations on giving and receiving gifts for office holders and agencies in Vietnam (Internet image)

1. Regulations on giving gifts to office holders and agencies in Vietnam

Article 24 of Decree 59/2019/ND-CP stipulates the regulations on giving gifts to office holders in agencies as follows:

- The office holding agencies, organizations, units or individuals can only use public finance or property as gifts for charity, foreign affairs and provision of benefits as per law.

- The act of giving gifts must serve the right policies, thresholds, standards and subjects as per law; the agencies, units giving gifts must record, account and publicize within the agency or unit as per law.

2. Regulations on guidelines on receiving gifts for office holders and agencies in Vietnam

Article 25 of Decree 59/2019/ND-CP stipulates guidelines on receiving gifts as follows:

The office holding agencies, organizations, units or individuals must not by all means receive the gifts from the agencies, organizations, units or individuals involved in their work or under their management. If unable to reject, the agencies, organizations or units must follow Article 27 of Decree 59/2019/ND-CP.

3. Regulations on reporting, returning gifts gifts for office holders and agencies in Vietnam

Article 26 of Decree 59/2019/ND-CP stipulates the reporting and return of gifts as follows:

- The agencies, organizations or units must reject the inappropriate gifts; if unable to reject, the gifts must be handed over to the department in charge of managing gifts of that agencies or units for further handling specified in Article 27 of Decree 59/2019/ND-CP.

- The office holders must reject the inappropriate gifts, if unable to reject, with 05 working days from the day on which they receive the gifts, the office holders must report to the head of their agencies, organizations, units or their direct superior and turn in the gifts for further handling specified in Article 27 of Decree 59/2019/ND-CP.

The report must be in written form and contain the following information:

+ Full name, title, agency and address of the giver;

+ Type and cost of the gift;

+ Time, place and specific situation when receiving the gift;

+ Relations with the giver.

4. Disposal of gifts in Vietnam

Article 27 of Decree 59/2019/ND-CP stipulates the disposal of gifts as follows:

- If the gifts are cash or financial instruments, the heads of agencies, organizations or units must take over, preserve and turn it in the government budget as per law.

- If the gifts are goods or products, the heads of agencies, organizations or units must take over, preserve and proceed to:

+ Determine the price of the gifts based on the price provided by the giver (if any) or the price of similar products on the market. If the price of the gifts cannot be determined, the competent agencies may be required to evaluate the price;

+ Decide to sell and publicly sell the gifts as per law;

+ After taking into account the cost of disposal, the proceeds minus cost will be transferred to the government budget within 30 days from the day on which the gifts are sold.

- If the gifts are services such as domestic or overseas sightseeing, travel, medical, education and training, internship, practice and other services, the heads of the agencies, organizations or units must inform the corresponding service providers of not using the gifted services.

- If the gifts are animals, plants, raw or fresh food and other products difficult to preserve, the heads of the agencies, organizations or units based on the current situation and comply with regulations and law on handling confiscated material evidence in administrative sanctions to handle the gifts within their competence or report to the competent agencies for further consideration and solutions.

- Within 05 working days from the day on which the gifts are disposed, the agencies, organizations or units in charge of disposing the gifts must submit reports to the superiors of the agencies, organizations, units or individuals who presented the gifts for further consideration and solutions within their competence.

5. Taking actions against violations relating giving and receiving gifts in Vietnam

Article 28 of Decree 59/2019/ND-CP stipulates the handling of violations relating giving and receiving gifts as follows:

- The agencies, organizations or units using public finance or property as gifts against regulations must return the value of the gifts to the State.

The individuals using public finance or property as gifts beyond their competence, against regulations must return the value of the gifts and depending on the nature and severity of the violations will be taken actions against in accordance with regulations and law on administrative penalties in managing and using governmental property.

- Depending on the nature and severity of the violations, the heads of the agencies, organizations or units violating regulations on receiving and disposing gifts:

The office holders violating regulations on receiving, reporting and turning in gifts will be taken actions against in accordance with regulations and law on disciplining officials, public employees and administrative penalties in managing and using governmental property.

Ngoc Nhi

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