Private sector employees caught giving petty bribes could face fines of up to VND100 million (US$4,300), according to a draft Government decree guiding the Law on Anti-Corruption, which will take effect in early July this year.

A view of the workshop on a draft Government decree guiding the Law on Anti-Corruption 

The United Nations Development Program (UNDP), in partnership with the Government Inspectorate of Vietnam (GIV), held a consultation workshop in Hanoi on March 27 on the draft decree, reported the Vietnam News Agency.

UNDP Deputy Country Director in Vietnam Akiko Fujii said in her opening remarks that corruption is identified as one of the greatest obstacles to the country’s objective of realizing the UN’s Sustainable Development Goals by 2030. The annual cost of international corruption was estimated at US$3.6 trillion, more than 5% of the global gross domestic product.

Fujii spoke highly of Vietnam’s efforts in the anti-corruption drive, noting that the country had ratified the UN Convention against Corruption in 2009, revised the 2017 Penal Code to include significant changes in criminal treatment for corruption crimes and adopted the Law on Anti-Corruption in 2018.

She also pointed out a notable point of the new law, which expands the scope of the anti-corruption fight to the private sector: individuals found to have offered bribes or brokered bribe arrangements to ease tasks for their enterprises and organizations but whose acts are not severe enough to be subject to penalties will receive warnings or be ordered to pay VND5-10 million.

Those caught embezzling assets and accepting bribes but whose violations have yet to reach the extent of being examined for liability will be fined between VND10 million and VND20 million. In cases of aggravated circumstances, they will pay up to VND20-50 million.

Given the same acts, if signs of harassment or abuse over charitable activities are found, the violators could attract fines from VND50 million to VND100 million.

According to the UNDP representative, these efforts demonstrate Vietnam’s commitment to fulfilling Sustainable Development Goal 16, for which a substantial reduction in corruption and bribery in all forms is a main indicator.

Nguyen Tuan Anh, deputy director of the GIV’s Legal Affairs Department, who is also the head of the decree drafting board, said that administrative sanctions for harassment violations only apply to those in the private sector. Meanwhile, public officials and civil servants are subject to disciplinary measures rather than administrative treatments.

Retired officials must wait before establishing private firms

Retired government officials are to be barred from establishing or running private companies in the sectors that were under their jurisdiction and management in their former posts, for periods ranging from six months to two years after their retirement.

The law also set out stricter regulations on gifting and receiving gifts. Public assets can only be gifted for charity purposes or as part of a compensation program for high-ranking public servants and the families of revolutionaries. These activities will be under the supervision and regulation of the Finance Ministry.

Public servants who have received gifts are required to return them or report them within five days to their respective offices if returning them is not feasible.

This is the first version of the draft decree, which asks for consultation and comment. The GIV is expected to release the draft to the public next month. One month later, the draft will be submitted to the Government for consideration and approval.

SGT