Vietnam: What is corruption? What are the acts of corruption?

Nowadays, crimes related to corruption are increasing in Vietnam. So what are the regulations on corruption and what are the acts of corruption?

Vietnam: What is corruption? What are the acts of corruption? (Source: Internet)

1. What is corruption? 

According to Clause 1, Article 3 of the Law on Anti-corruption 2018, “corruption” means an office holder’s abuse of his/her official capacity for personal gain.

In there:

“Office holder” means a person that is designated, elected or employed under a contract or another form of employment, receiving or not receiving salaries, assigned certain duties and authority to perform such duties. Office holders include:

- Officials and public employees;

- Commissioned officers, career military personnel, national defense workers and public employees of the People’s Army units; commissioned officers, non-commissioned officers and workers of the People’s Police units;

- Representatives of state investment in enterprises;

- Holders of managerial positions in organizations;

- Other persons assigned certain duties and authority to perform such duties.

2. Acts of corruption

Article 2 of the Law on Anti-corruption 2018 stipulates that corrupt acts include:

* Acts of corruption committed by office holders in state organizations include:

- Embezzlement;

- Taking bribes;

- Abuse of one’s position or power for illegal appropriation of assets;

- Abuse of official capacity during performance of tasks or official duties (hereinafter referred to as “duties”) for personal gain;

- Acting beyond authority in performance of one’s duties for personal gain;

- Abuse of official capacity to influence another person for personal gain

- Impersonation for personal gain;

- Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

- Illegal use of public assets for personal gain by abuse of official capacity;

- Harassment for personal gain;

- Failure to perform or correctly perform one’s duties for personal gain;

- Abuse of official capacity to screen violations of law for person gain; illegally intervening or obstructing supervision, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for personal gain.

* Acts of corruption committed by office holders in non-state organizations include:

- Embezzlement;

- Taking bribes;

- Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.

- “State organizations” include a regulatory authorities, political organizations, socio-political organizations, military units, public service agencies, state-owned enterprises, other organizations and units established, invested in, partially or wholly funded by the State, partially or wholly administrated by the State for the purposes of development of the State and society.

- “Non-state organization" means any enterprise or organization other than those defined above.

(Clause 9, 10, Article 3 of the Law on Anti-corruption 2018, Clause 3, Article 217 of the Law on Enterprises 2020).

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

192 lượt xem
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;