What is the definition of “harassment”? In Vietnam, what are the acts of corruption?

What is the definition of “harassment”?

“Harassment” means an authoritative or magisterial act or request of an office holder that is meant to cause difficulties during performance of his/her duties.

Who are office holder in Vietnam?

“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;

- Commissioned officers, career military personnel, national defense workers and public employees of the People’s Army units; commissioned officers, non-commissioned officers and workers of the People’s Police units;

- Representatives of state investment in enterprises;

- Holders of managerial positions in organizations;

- Other persons assigned certain duties and authority to perform such duties.

In Vietnam, what are the acts of corruption?

- Acts of corruption committed by office holders in state organizations include:

+ Embezzlement;

+ 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;

+ Abuse of official capacity to influence another person for personal gain

+ Impersonation for personal gain;

+ Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

+ Illegal use of public assets for personal gain by abuse of official capacity;

+ Harassment for personal gain;

+ Failure to perform or correctly perform one’s duties for personal gain;

+ Abuse of official capacity to screen violations of law for person gain; illegally intervening or obstructing supervision, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for personal gain.

- Acts of corruption committed by office holders in non-state organizations include:

+ Embezzlement;

+ Taking bribes;

+ Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.

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.

Legal basis: Law on Anti-Corruption in 2018

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