What is a conflict of interest? Cases of conflict of interest in anti-corruption in Vietnam

What is a conflict of interest? Cases of conflict of interest in anti-corruption in Vietnam (Internet image)

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

1. What is conflict of interest?

Pursuant to Clause 8, Article 3 of the Law on Anti-Corruption 2018, conflict of interest means a situation where the interests of an office holder or his/her relative have or are likely to have an influence on performance of the office holder’s duties.

2. Cases of conflict of interest in anti-corruption in Vietnam

An office holder is considered to have conflict of interest when there is evidence indicating that he/she falls or will fall into any of the following cases:

- Receiving money, property or other benefits of the agencies, organizations, units or individuals involved in their work or under their management;

- Establishing, managing, operating sole proprietorship, limited liability companies, joint-stock companies, partnerships or cooperatives unless specified otherwise;

- Consulting domestic or foreign enterprises, organizations or individuals about matters regarding secrets of the State, secrets of business within his/her competence to handle or collaborate;

- Using information gained from his/her title, authority to exploit or to serve other organizations or individuals;

- Assigning spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the agencies, organizations, units or to trade goods, services, sign contracts for the agencies, organizations, units in which he/she is the head or deputy;

- Making capital contribution to enterprises within the fields, specialities directly under his/her state management or allowing spouses, parents or children to do business within the fields, specialities directly under his/her state management;

- Signing contracts with enterprises owned by spouses, biological parents, children, siblings or allowing enterprises owned by spouses, biological parents, children, siblings to sign contracts with his/her agencies, organizations, units when he/she is assigned to trade, sell goods, services or sign contracts for the respective agencies, organizations or units;

- Having spouses, biological parents, children, siblings directly benefiting from his/her assignment;

- Interfering or negatively impacting the operation of competent agencies, organizations, units or individuals for personal gain.

(Article 29 of Decree 59/2019/ND-CP)

3. What are the regulations on managing conflict of interest in Vietnam?

According to Article 23 of the Law on Anti-Corruption 2018, regulations on managing conflict of interest are as follows:

- In the cases where a person, during performance of his/her duties, knows or has to know about conflict of interest, he/she shall report to a competent person for consideration.

- Any state organization and individual that discovers conflict of interest of an office holder shall inform the office holder’s manager or employer for consideration.

- If the office holder’s manager or employer finds that the integrity, objectivity or truthfulness of the office holder can be affected by the conflict of interest, he/she shall:

= supervise the performance of duties by the office holder affected by the conflict of interest;

= suspend the office holder from performance of his/her duties; or

= temporarily reassign the office holder.

Nguyen Ngoc Que Anh

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