Regulations on handling of violations, corruption, and misconduct in lawmaking in Vietnam

Regulations on handling of violations, corruption, and misconduct in lawmaking in Vietnam (Image from the Internet)

1. Regulations on handling of violations, corruption, and misconduct in lawmaking in Vietnam

The handling of violations, corruption, and misconduct in lawmaking in Vietnam according to Article 15 of Regulation 178-QD/TW of 2024 is as follows:

- Organizations and individuals who have violations, corruption, misconduct, group interests, or localism in lawmaking must be strictly handled in accordance with the regulations of the Communist Party, state law, and the regulations of the agency, organization, or unit.

Acts of violations, corruption, misconduct, group interests, or localism in lawmaking that do not have specific handling regulations will be handled based on the Charter and regulations of the Communist Party, state law, and the charters and regulations of mass organizations accordingly.

In cases where disciplinary action has already been taken but it is deemed necessary, the competent authority must decisively transfer the violator from their current position, replace, dismiss, relieve, ask them to resign, or not arrange work related to legislative activities.

- In cases where violations are at a level that requires criminal prosecution, the case files must be transferred to the competent authority for handling according to the law, and not be kept for internal handling.

2. Principles for controlling power, preventing, and combating corruption and misconduct in lawmaking in Vietnam

Principles for controlling power, preventing, and combating corruption and misconduct in lawmaking in Vietnam according to Article 3 of Regulation 178-QD/TW of 2024 are as follows:

- Ensure the focused, unified, comprehensive leadership and direction of the Communist Party in controlling power, preventing, and combating corruption, misconduct, group interests, and localism in lawmaking.

- Integrate synchronous and tight mechanisms, and measures to control power, prevent and combat corruption, misconduct, group interests, and localism in lawmaking; primarily proactive prevention; promptly detect, prevent, and strictly handle acts of exploiting, abusing positions and powers, corruption, and misconduct in lawmaking; protect dynamic, creative, and responsible party members, officials, and public employees who dare to think, dare to do, and take responsibility for the common interest.

- Emphasize the responsibility to set an example from the heads of party committees, party organizations, agencies, and organizations, as well as the responsibility of party members, officials, and public employees in preventing and combating corruption, misconduct, group interests, and localism in lawmaking.

- Ensure the proper execution of the functions, duties, and powers of the agencies, organizations, and competent persons in lawmaking; do not obstruct the proactive and creative actions, transparency, democracy, promptness, coordination, and feasibility in lawmaking.

- Ensure the supervision, criticism, and participation in lawmaking of the Vietnam Fatherland Front and its member organizations, the press agencies, other social organizations, and the People according to regulations.

3. Acts of corruption in lawmaking in Vietnam

Acts of corruption in lawmaking according to Article 5 of Regulation 178-QD/TW of 2024 include:

- Intentionally presiding over the issuance or advising the issuance of legal documents with contents reflecting group interests or localism; intentionally delaying the suspension, abolition, replacement, amendment, supplement, or issuance of new legal documents for the purpose of group interests or localism.

- Receiving money, assets, material benefits, or other benefits in any form to issue or influence agencies, organizations, or competent persons in lawmaking to issue legal documents with contents reflecting group interests or localism.

- Bribing, mediating bribery for competent persons in lawmaking to issue legal documents with contents reflecting group interests or localism.

- Exploiting assigned positions and powers in lawmaking to guide media coverage that is neither objective nor truthful about policy content in lawmaking for self-interest.

- Abusing power, colluding with businesses, organizations, or other individuals to gain illicit profits in lawmaking.

- Other acts of corruption, group interests, and localism in lawmaking as stipulated by the Communist Party and state law.

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