Luxury golf clubs worth billions of VND, multi-billion Patek Philippe watches, luxury cars costing several billion, stacks of U.S. dollars worth hundreds of millions – even billions – and bribes amounting to hundreds of billions. Such astronomical figures and extravagant “gifts” have shocked the public in recent corruption cases.
The Law on Anti-Corruption 2018 sets out in detail the acts that are strictly prohibited, as well as regulations on the giving and receiving of gifts – a matter considered highly sensitive. As the old saying goes, “One who opens his mouth is easily caught,” or “What comes from heaven must return to earth.”
The Penal Code further stipulates that the crimes of embezzlement and taking bribes are not subject to statutes of limitation – meaning there will be no so-called “safe landing.” At any point in time, offenders may still be prosecuted.
- Acts of corruption
Corruption in the state sector, committed by persons holding positions of authority in state agencies, organizations, or units, includes:
a) Embezzlement of property;
b) Taking bribes;
c) Abusing positions or powers to misappropriate property;
d) Abusing positions or powers while performing official duties for personal gain;
đ) Exceeding authority while performing official duties for personal gain;
e) Abusing positions or powers to exert influence over others for personal gain;
g) Falsifying official documents for personal gain;
h) Offering bribes or acting as an intermediary in bribery to resolve affairs of an agency, organization, unit, or locality for personal gain;
i) Abusing positions or powers to unlawfully use public property for personal gain;
k) Harassment for personal gain;
l) Failure to perform, improper performance, or incomplete performance of duties for personal gain;
m) Abusing positions or powers to cover up violations of law for personal gain; obstructing or unlawfully interfering with supervision, inspection, auditing, investigation, prosecution, adjudication, or enforcement of judgments for personal gain.
Corruption in the non-state sector, committed by persons holding positions of authority in enterprises or organizations outside the state sector, includes:
a) Embezzlement of property;
b) Taking bribes;
c) Offering or acting as an intermediary in bribery to resolve affairs of their enterprise or organization for personal gain.
- Regulations on the giving and receiving of gifts
Gift-giving:
Agencies, organizations, units, and persons holding positions of authority may only use public funds and public assets to give gifts for lawful purposes such as charity, external relations, or the implementation of policies and regimes as prescribed by law.
The giving of gifts must comply with applicable regimes, standards, and limits, as well as designated recipients; all expenses must be properly recorded in accounting books and publicly disclosed within the agency or unit in accordance with the law.
Gift-receiving:
Agencies, organizations, units, and persons holding positions of authority are prohibited from directly or indirectly receiving gifts, in any form, from agencies, organizations, units, or individuals that have work relations with them or fall within their management. Where refusal is impossible, such gifts must be managed and handled in accordance with Decree No. 59/2019/ND-CP.
Reporting and surrendering gifts:
- Agencies, organizations, or units that receive gifts in contravention of regulations must refuse them; if refusal is impossible, the gifts must be delivered to the designated gift-management body of that agency or unit for handling in accordance with Decree No. 59/2019/ND-CP.
- Persons holding positions of authority who receive gifts in contravention of regulations must refuse them; if refusal is impossible, they must report to the head of their agency, organization, or unit, or to the head of the immediate superior agency/organization/unit, and surrender the gifts within five (05) working days from the date of receipt, for handling in accordance with Decree No. 59/2019/ND-CP.
The written report must include: the full name, position, agency, and address of the gift-giver; the type and value of the gift; the time, place, and specific circumstances under which the gift was given; and the relationship with the gift-giver.
Handling of Gifts
For gifts in the form of money or valuable papers, the head of the agency, organization, or unit shall be responsible for receiving, safeguarding, and carrying out procedures to remit them into the state budget in accordance with the law.
For gifts in the form of tangible assets, the head of the agency, organization, or unit shall be responsible for receiving, safeguarding, and handling them as follows:
a) Determine the value of the gift based on the value provided by the gift-giving entity (if available) or the value of similar items sold on the market. Where the value cannot be determined, a competent valuation authority may be requested;
b) Decide on the sale of the gift and organize a public sale in accordance with the law;
c) Remit the proceeds, after deducting expenses related to the handling of the gift, into the state budget within 30 days from the date of sale.
For gifts in the form of services such as sightseeing, tourism, healthcare, education–training, internships, or other services domestically or abroad, the head of the agency, organization, or unit shall notify the service provider of the non-use of such services.
For gifts in the form of animals, plants, fresh food, or other perishable or difficult-to-preserve items, the head of the agency, organization, or unit shall, depending on the circumstances and in accordance with laws on handling exhibits in administrative violations, decide on the handling within their competence or report to the competent authority for consideration and decision.
Within 05 working days from the date of handling the gift, the agency, organization, or unit shall notify in writing the managing authority of the gift-giver or the immediate superior of the agency, organization, or unit that gave the gift, for review and handling within their competence.
Handling of Violations Concerning the Giving and Receiving of Gifts
Agencies, organizations, or units that use public finances or public assets to give gifts in contravention of regulations shall be liable to reimburse the value of the gifts to the State. Individuals who use public finances or public assets to give gifts without proper authority or in contravention of regulations shall be liable to reimburse the value of the gifts and, depending on the nature and seriousness of the violation, be subject to penalties under the law on administrative violations in the management and use of state property.
Heads of agencies, organizations, or units that violate regulations on the receipt and handling of gifts, and persons holding positions and powers who violate regulations on receiving gifts, reporting, or returning gifts, shall, depending on the nature and seriousness of the violation, be subject to disciplinary action under the law on discipline for officials, public servants, and employees, as well as penalties under the law on administrative violations in the management and use of state property.
Legal Basis:
– Article 2, Law on Anti-Corruption 2018.
– Articles 24, 25, 26, 27, Section 2, Chapter II, Decree No. 59/2019/ND-CP detailing and guiding the implementation of a number of provisions and measures under the Law on Anti-Corruption.
