(Passed on November 29, 2005)
Chapter I General Provisions
Article 1. – Governing scope
1. This Law provides for the prevention, detection and handling of persons who commit corrupt acts and the responsibilities of agencies, organizations, units and individuals in corruption prevention and combat.
2. Corruption means acts committed by persons with positions and/or powers of abusing such positions and/or powers for self-seeking interests.
3. Persons with positions and/or powers shall include:
A/ Public servants;
B/ Officers, professional army men, defense workers in agencies or units of the People’s Army; officers, non-commissioned officers, professional- technical officers, non-commissioned officers in agencies or units of the People’s Police;
C/ Leading, managerial officials in state enterprises; leading, managerial officials being representatives of the State’s contributed capital portions at enterprises;
D/ Persons assigned tasks or official duties who have powers while performing such tasks or official duties.
Article 2. – Interpretation of terms
In this Law, the terms below shall be construed as follows:
1. Corruption-related property means property acquired from corrupt acts, property originating from corrupt acts.
2. Publicity means the polarization, supply of official information on documents, activities or certain contents by agencies, organizations or units.
3. Property and income transparency means the declaration of property, incomes by persons who are obliged to make such declaration which, when necessary, shall be verified and concluded.
4. Harassment means acts of bumbled, authoritarianism, causing difficulties or troubles when performing tasks or official duties.
5. Self-seeking interests mean material and/or spiritual interests which are obtained or can be obtained by persons with positions and/or powers through corrupt acts.
6. Agencies, organizations, units include state agencies, political organizations, socio-political organizations, people’s armed force units, non-business units, state enterprises and other agencies, organizations and units using the state budget and/or properties.
Article 3. – Corrupt acts
1. Embezzling properties.
2. Taking bribes.
3. Abusing positions, powers to appropriate properties.
4. Taking advantage of positions, powers while performing tasks or official duties for self-seeking interests.
5. Abusing powers while performing tasks or official duties for self-seeking interests.
6. Taking advantage of positions, powers to influence other persons for self-seeking interests.
7. Committing forgeries in work for self-seeking interests.
8. Offering bribes, bribe brokerage by persons with positions and/or powers to settle affairs of agencies, organizations, units or localities for self-seeking interests.
9. Taking advantage of positions, powers to illegally use state properties for self-seeking interests.
10. Harassment for self-seeking interests.
11. Failure to perform tasks or official duties for self-seeking interests.
12. Taking advantage of positions, powers to cover up law violators for self-seeking interests; illegally hindering, intervening in the examinations, inspections, auditing, investigations, prosecutions, adjudications or judgment executions for self-seeking interests.
Article 4. – Principles for handling of corruption
1. All corrupt acts must be detected, stopped and handled in a timely, strict and just manner.
2. Persons who commit corrupt acts shall be handled according to the provisions of law irrespective of their positions.
3. Corruption-related properties must be recovered, confiscated; persons committing corrupt acts and causing damage must pay compensations, indemnities according to the provisions of law.
4. Persons who commit corrupt acts and take initiative in reporting them before they are detected actively limit damage caused by their illegal acts and/or voluntarily hand over corruption-related properties can be considered for alleviation of discipline, penalties or exemption from penal liability examination according to the provisions of law.
5. The handling of corruption must be affected in a public manner according to the provisions of law.
6. Those who have committed corrupt acts and have retired, left their jobs or been transferred to other jobs shall still be handled for their corrupt acts.
Article 5. – Responsibilities of agencies, organizations, units and persons with positions and/or powers
1. Agencies, organizations and units shall, within the ambit of their respective tasks and powers, have the following responsibilities:
A/ to organize the implementation of legal documents on corruption prevention and combat;
B/ to receive and handle in time reports, denunciations and other information on corrupt acts;
C/ to protect the legitimate rights and interests of persons who have detected, reported on, denounced corrupt acts;
d/ To take initiative in precluding, detecting corrupt acts; to promptly supply information, documents and meet the requests of competent agencies, organizations or individuals in the process of detecting and handling persons who commit corrupt acts.
2. Heads of agencies, organizations or units shall, within the ambit of their respective tasks and powers, have the following responsibilities:
A/ to direct the implementation of the provisions of Clause 1 of this Article;
b/ To be exemplary, incorruptible; to periodically review the performance of their tasks and responsibilities in precluding and detecting corrupt acts, handling persons who have committed corrupt acts;
C/ to bear responsibility when letting corrupt acts occur in their respective agencies, organizations or units.
3. Persons with positions and/or powers shall have the following responsibilities:
A/ to perform their tasks and/or official duties strictly according to the provisions of law;
B/ to be exemplary, incorruptible; to strictly observe the provisions of law on corruption prevention and combat, the code of conducts and the rules on professional ethics;
C/ to declare their properties according to the provisions of this Law and take responsibility for the accuracy, truthfulness of such declarations.
Article 6. – Rights and obligations of citizens in corruption prevention and combat
Citizens shall have the rights to detect, denounce corrupt acts, have the obligations to cooperate with and assist competent agencies, organizations or individuals in the detection and handling of persons who have committed corrupt acts.
Article 7. – Coordination responsibilities of inspectorates, the state audit, investigating bodies, procuresses, courts and concerned agencies, organizations as well as units
Inspectorates, the state audit, investigating bodies, procuresses and courts shall, within the ambit of their respective tasks and powers, have to coordinate with one another and coordinate with concerned agencies, organizations and/or units in detecting corrupt acts, handling corruption committers and take responsibility before law for their respective conclusions and decisions in the course of inspection, auditing, investigation, prosecution, adjudication of corruption cases.
Concerned agencies, organizations and units shall have to create conditions for, and collaborate with, inspectorates, the state audit, investigating bodies, procuresses, courts in detecting and handling corruption committers.
Article 8. – Responsibilities of Vietnam Fatherland Front and its member organizations
Vietnam Fatherland Front and its member organizations shall have to mobilize people to actively participate in corruption prevention and combat; detect, propose competent agencies, organizations or individuals to handle persons who commit corrupt acts; supervise the observance of law on corruption prevention and combat.
Article 9. – Responsibilities of press agencies
Press agencies shall have the responsibility to participate in corruption prevention and combat; cooperate with competent agencies, organizations or individuals in corruption prevention and combat; must ensure accuracy, truthfulness and objectiveness in their reports and bear responsibility for the contents of information they have reported.
Article 10. – Prohibited acts
1. Acts specified in Article 3 of this Law.
2. Intimidation, revenge, retaliation of persons who have detected, reported on, denounced, supplied information on corrupt acts.
3. Taking advantage of denunciation of corruption to slander other agencies, organizations, units or individuals.
Chapter II Corruption Prevention
Section 1. Publicity, Transparency in Activities of Agencies, Organization, Units
Article 11. – Principles on and contents of publicity, transparency in activities of agencies, organizations, units
1. Policies, laws and the implementation of policies, laws must be publicized and transparent, ensuring fairness and democracy.
2. Agencies, organizations and units must publicize their activities, except for contents classified as state secrets and other contents prescribed by the Government.
Article 12. – Forms of publicity
1. Publicity forms shall include:
A/ Announcement at meetings of agencies, organizations, units;
B/ Posting up at working offices of agencies, organizations, units;
C/ Written notification to concerned agencies, organizations, units or individuals;
D/ Distribution of publications;
E/ Notification on the mass media;
F/ Load-up on websites;
G/ Supply of information at the request of agencies, organizations or individuals.
2. Besides the cases where the publicity form provided for by law, heads of agencies, organizations or units shall have to select one or a number of publicity forms specified in Clause 1 of this Article.
Article 13. – Publicity, transparency in procurement of public properties and capital construction
1. The procurement of public properties and the capital construction must be publicized under the provisions of law.
2. Where the procurement of public properties and the capital construction, as provided for by law, must be put up for bidding, the publicity contents shall cover:
A/ Plan on bidding, invitation to pre-qualification and pre-qualification results, invitation to bidding;
B/ List of bidders participating in restricted bidding, shortlist of bidders participating in restricted bidding, results of contractor selection;
C/ Information on individuals, organizations belonging to project owners, bid solicitors, contractors, managing agencies or other subjects that violate the law on bidding; information on contractors banned from participation and information on handling of violations of law on bidding;
D/ legal documents on bidding, systems of data information on bidding;
E/ Report on review of bidding work nationwide of the Ministry of Planning and Investment; reports on review of bidding work of ministries, branches, localities and establishments;
F/ Competence and procedures to receive and settle complaints and denunciations in bidding.
Article 14. – Publicity, transparency in management of construction investment projects
1. Construction investment planning projects must be commented by people of localities covered by the planning.
2. Construction investment projects funded by local budgets must be considered and decided by People’s Councils.
3. Construction investment projects, after being decided upon and approved, must be made public for people to supervise them.
Article 15. – Financial and state budget publicity, transparency
1. Budgets of all levels, budget-estimating units must publicize in detail the estimate and settlement figures, which have been decided, ratified by competent state bodies, including supplemented budget amounts.
2. Budget-estimating units with revenue sources from and expenditures covered by contributions of organizations and/or individuals according to the provisions of law must publicize the mobilization purposes, mobilization results and the efficiency of the use of mobilized sources.
3. Organizations provided with state budget supports must publicize the following contents;
A/ Estimate and settlement figures;
B/ Contributions of organizations, individuals (if any);
C/ Bases for determination of support levels and state budget support amounts.
4. Capital construction investment projects using state budget capital must be publicized with the following contents:
A/ The allocation of investment capital in the state budget estimate assigned annually to the projects;
B/ Budget estimates of investment projects under the approved investment plans, the investment capital of projects assigned in annual budget estimates;
C/ Annual investment capital settlement of projects;
D/ Investment capital settlement upon project completion, which has been approved by competent authorities.
5. Funds originating from the state budget must be publicized with the following contents:
A/ Operation regulations and financial mechanisms of the funds;
B/ Annual financial plans detailing revenues, expenditures related to state budget according to regulations of competent authorities;
C/ Results of the funds’ operation;
D/ Annual settlement already approved by competent authorities.
6. The allocation and use of state budget and property for projects and target programs already approved by competent state bodies must be made public to concerned agencies, organizations and/or units and people of localities directly benefiting there from.
Article 16. – Publicity, transparency of the mobilization and use of contributions of people
1. The mobilization of people’s contributions for construction of works or setting up of funds in localities must be commented by people and considered and decided by the People’s Councils of the same level.
2. The mobilization and use of people’s contributions specified in Clause 1 of this Article must be made public for supervision by people and be subject to inspection, examination and supervision under the provisions of law.
3. The publicity contents shall cover mobilization purposes, mobilization levels, the use of contributions, results of such use and the report on settlement thereof.
4. Infrastructure works in communes, wards or district townships, which are financed by people’s contributions, must be publicized with the following contents:
A/ The publicity contents specified in Clause 3 of this Article;
B/ Cost estimate for every work item under the approved investment plans;
C/ Investment capital sources for each work item;
D/ Results of mobilization from each specific subject, the mobilization duration;
E/ Results of selection of contractors, which have been approved by competent authorities;
F/ Construction progress and results of pre-acceptance tests of work volume, work quality and work settlement.
5. The mobilization and use of people’s contributions for charity and humanitarian purposes shall comply with the provisions of Clauses 2 and 3 of this Article.
Article 17. – Publicity and transparency of the management and use of financial supports, aids
The management, allocation and use of official development assistance (ODA) capital sources shall comply with the provisions of Article 15 of this Law. Non-governmental aids must be made public to beneficiaries.
Article 18. – Publicity and transparency in management of state enterprises
State enterprises shall have the responsibility to publicize the State’s capital and properties invested in the enterprises, preferential loan capital, financial statements and auditing results, the appropriation, setting up and use of their funds, the labor recruitment, the appointment of leading and managerial officials of enterprises and other contents as provided for by law.
Article 19. – Publicity and transparency in equalization of state enterprises
1. The equalization of state enterprises must be public and transparent; must not be conducted in a self-contained manner within the enterprises. Equalized enterprises shall have to publicize their actual financial status upon their valuation.
2. Competent state agencies shall have to publicize the values of equalized enterprises and the adjustment (if any) of enterprise value.
3. The first-time sale of equities of equalized enterprises must be conducted by auction.
Article 20. – Audit of the use of state budget and properties
1. Agencies, organizations and units shall have to audit, and be subject to the audit of, the use of state budget and properties under the provisions of law on audit.
2. Auditing reports must be made public according to Article 12 of this Law.
Article 21. – Publicity and transparency in management and use of land
1. The elaboration of land use planning’s and plans must ensure democracy and publicity.
2. In the process of elaborating and adjusting detailed land use planning’s and/or plans, the elaborating agencies or organizations must publicly announce such to people of the localities where the planning’s and adjustments are made.
3. Detailed land use planning’s and plans, the ground clearance, the compensation levels, after being decided, approved or adjusted by competent state bodies, must be made public.
4. The competence, order and procedures for grant of land use right certificates and the grant of land use right certificates, detailed planning’s on and allotment of residential land lots and the subjects entitled to be assigned residential land for house construction must be publicized.
Article 22. – Publicity and transparency in management and use of dwelling houses
1. The competence, order and procedures for granting, and the grant of, permits for house construction as well as house ownership certificates must be made public.
2. The sale of state-owned houses, subjects entitled to buy state-owned houses and money amounts payable upon purchase of state-owned houses must be made public.
3. The sale of houses to resettled people, low-income earners and other priority subjects must be made public.
Article 23. – Publicity and transparency in the educational domain
1. The enrollment, exams, tests, award of diplomas and certificates must be made public.
2. Educational administration agencies, educational establishments using state budget and properties must publicize the management and use of state budget and properties, the collection, management and use of school tuitions, enrollment fees, proceeds from consultancy activities, technology transfer, financial supports for and investment in education and other revenues under the provisions of law.
Article 24. – Publicity and transparency in the health domain
1. The competence, order and procedures for the grant and recovery of private medical or pharmaceutical practice certificates, certificates of full satisfaction of practice conditions to medical or pharmaceutical establishments must be made public.
2. Health management agencies, medical examination and treatment establishments which use state budget and properties must publicize the collection, management, use of state budget and properties, medicine prices, the collection, management and use of assorted charges related to medical examination and treatment and other revenues as provided for by law.
Article 25. – Publicity and transparency in the scientific and technological domain
1. The consideration, selection, direct assignment, financial supports for implementation of scientific- technological tasks and the assessment and pre-acceptance tests of results of performance of scientific-technological tasks must be conducted in a public manner.
2. Science-technology management agencies and scientific-technological research units must publicize the management and use of state budget and properties, financial supports, aids, investments and proceeds from scientific and technological activities.
Article 26. – Publicity and transparency in the physical training and sports domain
Physical training and sport administration agencies, Vietnam Olympic Committee, sports federations, physical training and sport establishments shall have to publicize the management and use of state budget and properties, proceeds from physical training and sport activities as well as services, financial supports, aids, contributions of domestic and foreign organizations as well as individuals to physical training and sport activities.
Article 27. – Publicity and transparency in activities of inspection, settlement of complaints as well as denunciations and state audit
1. Activities of inspection, settlement of complaints as well as denunciations and state audit must be carried out in a public manner under the provisions of law.
2. The following documents and decisions must be publicized, except otherwise provided for by law:
A/ Inspection conclusions;
B/ Complaint settlement decisions, denunciation settlement decisions;
C/ Auditing reports.
Article 28. – Publicity and transparency in activities of handling affairs of agencies, organizations, units or individuals
1. Agencies, organizations and individuals having managing competence in the fields of housing, land, construction, business registration, project consideration and approval, state budget allocation, credit, banking, export, import, exit, entry, household registration administration, taxation, customs, insurance and other agencies, organizations and individuals directly involved in handling affairs of agencies, organizations, units or individuals must publicize administrative procedures and settle affairs on time, according to law and lawful requests of agencies, organizations, units or individuals.
2. Agencies, organizations, units and individuals shall have the right to request competent agencies, organizations or individuals to settle their affairs and clearly explain relevant contents. Upon receiving requests of agencies, organizations, units or individuals, competent agencies, organizations or individuals must give timely and public explanations.
3. Where competent agencies, organizations or individuals give unsatisfactory explanations or deliberately cause difficulties or troubles, the concerned agencies, organizations, units or individuals may lodge their petitions to the farmer’s immediate superior agencies or organizations.
Article 29. – Publicity and transparency in the justice domain
The reception, investigation, prosecution and adjudication of cases and the judgment execution must be made public according to the provisions of procedural laws and relevant law.
Article 30. – Publicity and transparency in organizational and personnel work
1. The recruitment of public servants and other laborers into agencies, organizations and units must be made public in terms of recruitment quantity, criteria, forms and results.
2. The planning on, training, appointment, rank promotion, rotation, transfer, commendation, sacking of, relief from position or office, dismissal, discipline, retirement of public servants and other laborers must be made public within the agencies, organizations or units where such persons work.
Article 31. – Rights of agencies, organizations to request the supply of information
1. State agencies, political organizations, socio-political organizations, press agencies shall, within the ambit of their tasks and powers, have the rights to request responsible agencies, organizations and units to supply information on their respective activities according to the provisions of law.
2. Within ten days as from the date of receiving the requests, the requested agencies, organizations or units must supply information, except for information contents already publicized on the mass media, publications or posted up publicly; in cases where they do not supply or cannot supply information yet, they must give written replies to the requesting agencies or organizations, clearly stating the reasons therefore.
Article 32. – Individuals’ rights to request the supply of information
1. Public servants and other laborers shall have the rights to request heads of the agencies, organizations or units where they work to supply information on activities of such agencies, organizations or units.
2. Citizens shall have the rights to request presidents of the People’s Committees of communes, wards or district townships where they reside to supply information on activities of such People’s Committees.
3. Within ten days as from the date of receiving the requests, the requested persons shall have to supply information, except for information contents already publicized on the mass media, in publications or publicly posted up; in cases where they do not supply or cannot supply information yet, they must give written replies to the requesting persons, clearly stating the reasons therefore.
Article 33. – Polarization of annual reports on corruption prevention and combat
1. Annually, the Government shall have to report to the National Assembly on corruption prevention and combat nationwide; People’s Committees shall have to report to People’s Councils of the same level on corruption prevention and combat in their respective localities.
2. Reports on corruption prevention and combat must be publicized.
Section 2. FORMATION AND REALIZATION OF REGIMES, NORMS, CRITERIA
Article 34. – Formation, promulgation and realization of regimes, norms, criteria
1. State agencies shall, within the ambit of their tasks and powers, have the responsibilities:
A/ to formulate, promulgate and publicize regimes, norms, criteria;
B/ to publicize regulations on regimes, norms, criteria of interests for every title holder in their respective agencies;
C/ to strictly observe regulations on regimes, norms, criteria.
2. Political organizations, socio-political organizations, non-business units and other agencies, organizations or units using the state budget shall base on the provisions of Clause 1 of this Article to guide the application thereof or coordinate with competent state agencies in formulating, promulgating and publicizing regimes, norms and criteria to be applied in their respective agencies, organizations or units.
3. Agencies, organizations and units are strictly forbidden to illegally promulgate regimes, norms and/or criteria.
Article 35. – Inspection and handling of violations of regulations on regimes, norms and criteria
1. Agencies, organizations and units must regularly inspect the observance of regulations on regimes, norms and criteria and promptly handle acts of violating such regulations.
2. Persons who violate regulations on regimes, norms, criteria must be handled according to the provisions of law.
3. Persons who permit the use in excess of the set regimes, norms and/or criteria must compensate for the excessive use value they have permitted; persons using in excess of set regimes, norms and/or criteria shall bear joint liability to compensate for the excessive use value.
4. Persons who permit the application of regimes, norms, professional criteria lower than the prescribed levels shall have to pay compensations for the lower use value they have permitted; persons who have benefited from the application of lower regimes, norms and/or professional criteria shall bear joint liability to compensate for the value they have benefited.
Section 3. Code of Conducts, Rules of Professional Ethics, Changes of Working Positions of Public Servants
Article 36. – Code of conducts for public servants
1. Code of conducts mean standard behaviors of public servants in performing their tasks and official duties and in social relations, covering things which must be done or must not be done, suitable to the work peculiarity of each group of public servants and each field of public activities, aiming to ensure the righteousness and integrity as well as responsibilities of public servants.
2. Code of conducts of public servants shall be made public for people to supervise the observance thereof.
Article 37. – Things must not be done by public servants
1. Public servants must not do the following things:
a/ Being bumble like, authoritarian, troublesome in handling affairs for agencies, organizations, units and/or individuals;
b/ Setting up, participating in the setting up of, or participating in the management and administration of, private enterprises, limited liability companies, joint-stock companies, partnership companies, cooperatives, private hospitals, private schools and/or private scientific research establishments, except otherwise provided for by law;
c/ Acting as consultants for other domestic or foreign enterprises, organizations or individuals on affairs related to state secrets, work secrets, or affairs which fall under their respective settling jurisdiction or they have joined in the settlement of;
D/ Dealing in domains which they previously had the responsibility to manage within a given period of time after they resigned from their positions according to the Government’s regulations;
E/ Illegally using information, documents of agencies, organizations and/or units for self-seeking interests.
2. Heads and deputy-heads of agencies and their spouses are not allowed to contribute capital to enterprises operating in branches or professions such persons directly perform the state management.
3. Heads and deputy-heads of agencies, organizations or units must not arrange their spouses, parents, children or siblings to hold managerial positions in organizational and personnel work, in accounting and financial affairs, to work as cashiers, warehouse keepers in their agencies, organizations or units or to conduct transactions, trading in supplies, goods, conclusion of contracts of such agencies, organizations or units.
4. Heads and deputy-heads of agencies must not let their spouses, parents; children do business within the scope they directly manage.
5. Public servants being members of the Managing Boards, general directors, deputy-general directors, directors, deputy-directors, chief accountants or other managerial officials in state enterprises shall not be allowed to conclude contracts with enterprises under the ownership of their respective spouses, parents, children or siblings; to permit enterprises under the ownership of their respective spouses, parents, children or siblings to participate in bidding packages of their enterprises; to arrange their respective spouses, parents, children or siblings to hold managerial positions in organizational and personnel, accounting and financial sections, to work as cashiers, warehouse keepers in their enterprises or conduct transactions, purchase and sale of supplies, goods, to conclude contracts for enterprises.
6. The provisions of Clauses 1, 2, 3 and 4 of this Article shall also apply to the following subjects:
A/ Officers, professional army men, defense workers in agencies or units of the People’s Army;
B/ Officers, non-commissioned officers, professional-technical officers and non-commissioned officers in agencies or units of the People’s Police.
Article 38. – Obligations to report and handle reports on signs of corruption
1. Upon detection of signs of corruption in their respective agencies, organizations or units, public servants shall have to promptly report them to the heads of their agencies, organizations or units; where the heads of such agencies, organizations or units are involved in those signs of corruption, they shall report them to their immediate superior agencies, organizations or unit