Vietnam: What is corruption? 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.

(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