Is it possible for an official in Vietnam to be corrupt? Do people in Vietnam have the right to denounce corruption? Are the heads of Vietnam who commit acts of corruption disciplined and their deputies jointly responsible?
Is it possible for an official in Vietnam to be corrupt?
I want to ask, often when it comes to corruption, people with functions like officials and civil servants. However, is it considered corruption for officials if they commit the same?
Answer: Pursuant to Point a, Clause 2, Article 3 of the Anti-Corruption Law 2018 stipulates as follows:
“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;
Thus, according to the above-mentioned regulations, corruption in Vietnam is the act of a person whose position or power has been abused for his/her benefit. Therefore, the official remains in this category.
Do people in Vietnam have the right to denounce corruption?
I am a resident of commune X. Recently, I discovered that commune cadres have received money from some people to carry out the transfer of land use purposes contrary to the provisions of the law. So is this corruption? And do I have the right to denounce this behavior? I hope the editorial staff assist me.
Answer: According to Clause 1, Article 2 of the Anti-Corruption Law 2018, there are provisions on corrupt practices including:
1. Acts of corruption committed by office holders in state organizations include:
- 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;
=> Therefore, the act of receiving money to illegally transfer the land use purpose in Vietnam is the act of " Abusing positions and powers in the performance of tasks and official duties for profit"
According to Article 5 of the Anti-Corruption Law 2018, the rights and obligations of citizens in anti-corruption are as follows:
- Every citizen, by law, has the right to discover and report acts of corruption, the right to protection and rewards; the right to propose amendments to anti-corruption laws and supervise implementation of thereof.
- Citizens shall cooperate and assist competent authorities and competent persons in anti-corruption.
=> Thus, in accordance with the law in Vietnam, you are fully entitled to denounce the above behavior and will be protected for safety in accordance with the law.
Is the head of the department responsible for corruption in Vietnam disciplined?
The head of the unit has been disciplined at the level of demotion due to violation of the regulations of the party and the state at the level of serious experience with corrupt acts. So, is the deputy disciplined jointly?
Answer: Pursuant to Article 11 of Decree 112/2020/ND-CP stipulating the application of demotion discipline to civil servants holding leadership and management positions
The disciplinary form of demotion applies to civil servants holding leadership or management positions in one of the following cases:
1. They have been disciplined in the form of warnings as prescribed in Article 9 of this Decree but repeat their violations;
2. Committing the first violation, causing serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree;
3. Committing the first violation, causing very serious consequences in one of the cases specified in Article 8 of this Decree.
Thus, in Vietnam, when the head of the unit is sanctioned with the form of demotion with corruption violations that the deputy knows but does not report and violations about report handling will be disciplined according to the level of the act of not reporting.
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