The latest code of conduct for office holders in Vietnam

The latest code of conduct for office holders in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. The latest code of conduct for office holders in Vietnam

The code of conduct for office holders in Vietnam under Article 20 of the Anti-corruption Law 2018 is as follows:

- During performance of duties and in social relationships, office holders in state organizations shall implement the code of conduct, which includes social norms, permissible and prohibited actions that are meant to maintain integrity, responsibility and ethics of office holders.

- Office holders in state organizations are prohibited from:

+ Harassment during task performance;

+ Establishing, participating in administration of sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise prescribed by law;

+ Providing information about state secrets, business secrets or other secrets about their tasks or any task in which they participate for other domestic and foreign organizations and individuals;

+ Establishing, holding managerial or executive positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives in the field that was under their management according to regulations of the Government;

+ Illegally using information of their organizations;

+ Other actions that office holders must not do according to the Law on officials and public employees, the Law on Enterprises and relevant laws.

- The heads and deputies of state organizations must not allow their spouses, parents, children or siblings to hold positions of personnel management, accounting, treasurer or warehouse-keeper in their organizations or participate in transactions, trade of goods or services or conclusion of contracts with their organizations.

- The heads and deputies of state organizations must not contribute capital to enterprises operating in the same field as that of their organizations, and must not allow their spouses, parents or children to do business in the same field as that of their organizations.

- Members of Board of Directors or the Board of members, the presidents, general directors, deputy general directors, directors, deputy directors, chief accountants and holders of other managerial positions of state-owned enterprises must not sign contracts with enterprises owned by their spouses, parents, children or siblings;

Must not allow enterprises owned by their spouses, parents, children or siblings to bid for contracts of their enterprises; must not allow their spouses, parents, children or siblings to hold positions of personnel management, accounting, treasurer or warehouse-keeper in their enterprises or participate in transactions, trade of goods or services or conclusion of contracts with their enterprises.

2. Power to issue code of conduct for office holders in state organizations in Vietnam

Power to issue code of conduct for office holders in state organizations in Vietnam under Article 21 of the Anti-corruption Law 2018 is as follows:

- Ministers, heads of ministerial agencies, heads of governmental agencies, chairperson of the Office of the President, chairperson of the Office of the National Assembly shall issue code of conduct for officer holders in their fields.

- Executive judge of the People’s Supreme Court, director of the Supreme People’s Procuracy, State Auditor General shall issue code of conduct for office holders in their fields.

- The Minister of Internal Affairs shall issue code of conduct for office holders in local governments.

- Central authorities of political organizations and socio-political organizations shall issue the code of conduct for office holders in their organizations.

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