Ordinance No. 03/1998/PL-UBTVQH10 on Combating Corruption

The persons with positions and authorities as defined in this Ordinance include:

1. Civil servants working in state agencies, political organizations, political-social organizations, units under the People's Army, and the Public Security Force, as prescribed by the Ordinance on civil servants;

2. Officers, non-commissioned officers, professional soldiers, defense workers in units under the People's Army; professional officers, non-commissioned officers in units under the Public Security Force;

3. Leaders and managers in state-owned enterprises;

4. Village, ward, town leaders;

5. Other persons entrusted with public duties having authority while performing such duties;

Acts of corruption as defined in this Ordinance include:

1. Embezzlement of socialist assets;

2. Accepting bribes;

3. Using socialist assets as bribes; taking advantage of positions and authorities to offer bribes, or mediate bribery;

4. Taking advantage of positions and authorities to defraud and illegally appropriate socialist assets, or abuse trust to illegally appropriate socialist assets;

5. Illegally using socialist assets due to the abuse of positions and authorities;

6. Illegally appropriating assets of individuals due to the abuse of positions and authorities;

7. Taking advantage of positions and authorities while performing public duties for personal gain;

8. Exceeding authority while performing public duties for personal gain;

9. Taking advantage of positions and authorities to influence others for personal gain;

10. Establishing illegal funds for personal gain;

11. Falsifying work for personal gain;

All acts of corruption must be detected promptly. Any person committing acts of corruption at any position or rank must be dealt with promptly and strictly according to the provisions of the law;

Assets seized due to acts of corruption must be recovered; assets obtained through corruption must be confiscated; persons causing losses due to acts of corruption must compensate;

Persons committing acts of corruption who voluntarily report, actively limit losses caused by their unlawful acts, return the assets they have embezzled, may be considered for leniency or exemption from disciplinary action, reduced punishment, or exemption from criminal prosecution according to the provisions of the law depending on the circumstances;

Persons committing acts of corruption who use cunning methods to conceal violations, obstruct agencies and organizations with authority in detecting and handling violations will be severely punished according to the provisions of the law;

Citizens have the right and duty to detect and report acts of corruption, participate in prevention and combat against corruption;

Agencies and organizations have the responsibility to protect the rights and legitimate interests of persons reporting acts of corruption when they are threatened, retaliated against, or persecuted;

Relevant agencies and organizations have the responsibility to provide information and documents and implement requests of agencies and organizations with authority during inspections, investigations, and handling of persons committing acts of corruption;

Heads of agencies and organizations within their scope of duties and powers are responsible for implementing preventive measures, preventing acts of corruption, handling such acts, and creating conditions for agencies and organizations with authority to handle persons committing acts of corruption; if they fail to fulfill their responsibilities leading to corruption in their agencies or organizations, they will be dealt with according to the provisions of the law;

Inspection, Investigation, Prosecution, and Court agencies within their functions, duties, and powers are responsible for cooperating with other agencies and organizations in detecting acts of corruption, handling persons committing acts of corruption, and bearing legal responsibility for their conclusions and decisions during inspections, investigations, prosecutions, and trials of corruption cases;

The Government organizes, directs, and supervises all levels and sectors in implementing preventive measures and anti-corruption efforts;

Ministries, ministerial-level agencies, government agencies, and People's Councils at all levels within their functions, duties, and powers organize, direct, and supervise preventive measures and anti-corruption efforts in ministries, sectors, and localities;

The Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils, and deputies of People's Councils at all levels within their duties and powers are responsible for supervising agencies and organizations in preventing and detecting acts of corruption and handling persons committing acts of corruption; when discovering acts of corruption, they have the right to request relevant agencies and organizations to apply necessary measures to promptly prevent and handle acts of corruption;

The Vietnam Fatherland Front and its member organizations are responsible for mobilizing the people to actively participate in preventive measures and anti-corruption efforts; requesting competent agencies and organizations to conclude and handle corruption cases; supervising the implementation of preventive measures against acts of corruption and handling persons committing acts of corruption;

People's inspection organizations established at grassroots level under the guidance of the Vietnam Fatherland Front, grassroots trade unions, are responsible for detecting, recommending to competent agencies and organizations to handle, and supervising the handling of persons committing acts of corruption in their agencies, organizations, and localities.

The Vietnam Fatherland Front and its member organizations have the right to request competent authorities to review decisions on handling corruption cases if they believe that such handling has not been strict in accordance with the provisions of the law. Competent authorities must examine and respond to the organization that made the request.

Information agencies and press have the responsibility to participate in preventing and combating corruption; when reporting publicly, they must ensure accuracy, truthfulness, and objectivity in accordance with the law on press and bear legal responsibility for their reports.

1. Persons holding positions and powers must declare their houses, lands, and other valuable assets.

2. Declaring persons must declare accurately and truthfully and bear legal responsibility for the contents of their declarations.

3. The Government shall specify the subjects required to declare, types of assets to be declared, declaration deadlines, procedures, and formalities.

1. Agencies and organizations authorized to manage in the fields of housing, land, construction, business registration, project approval, state budget funding, credit, banking, import-export, immigration, household registration, taxation, customs, insurance, and other agencies directly handling matters for agencies, organizations, or individuals must disclose administrative procedures, process matters within the prescribed time limits, in accordance with the law, and meet legitimate requirements of agencies, organizations, or individuals.

It is strictly prohibited to arbitrarily set up procedures, fees, or charges outside the provisions of the law.

2. Allocation and use of state budget funds, state capital, and state assets for projects and programs with specific objectives approved by authorized agencies and organizations must be carried out in accordance with the law, the approved content, and must be disclosed to relevant agencies, organizations, and the people directly using them.

3. Mobilizing people's contributions for investment in construction projects and establishing non-state funds beyond the regulations of the State must be discussed and decided by the people. The use of such funds must be in accordance with the purpose, transparent for people to supervise, and subject to inspection and audit by competent state agencies.

1. Heads of agencies and organizations must set a good example and be honest; regularly review their performance of assigned responsibilities and duties, and review their responsibility in preventing, detecting acts of corruption, and handling persons involved in corruption.

1. Heads of agencies and organizations must frequently inspect and audit the performance of assigned responsibilities and duties of subordinate agencies, organizations, or individuals; apply preventive and detection measures for acts of corruption, handle persons involved in corruption, and report to competent state agencies as stipulated by law.

Persons holding positions and powers who fail to fully perform their assigned responsibilities and duties, thereby allowing others to violate the law and gain improper benefits, shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

When discovering acts of corruption, citizens have the responsibility to promptly report to competent agencies or organizations.

Agencies and organizations receiving reports of corruption must promptly handle them in accordance with the law; keep confidential the names and addresses of the reporters.

1. Reporters who promptly report acts of corruption, creating conditions for competent agencies or organizations to detect and handle acts of corruption shall be appropriately rewarded according to the Government's regulations.

Reporters of corruption have the right to request relevant agencies and organizations to protect their lives, freedom, dignity, reputation, property, and other legitimate rights and interests. Relevant agencies and organizations have the responsibility to apply necessary measures within their authority to protect the reporters.

2. It is strictly prohibited to abuse the right to report to defame and cause damage to the reputation, prestige, and interests of agencies, organizations, or individuals. Defamers shall be severely punished in accordance with the law.

During the inspection, investigation, prosecution, and trial processes, the Inspection, Investigation, Prosecution Office, and Court agencies must comply with legal regulations to promptly and accurately identify acts of corruption and timely and strictly handle individuals engaging in such acts.

Individuals assigned tasks for inspection, investigation, prosecution, and trial who, due to lack of responsibility, allow individuals committing acts of corruption to go unpunished, fail to detect acts of corruption, intentionally violate legal provisions, shield individuals committing acts of corruption, or wrongfully convict innocent persons shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation.

Individuals committing acts of corruption that do not reach the level of criminal liability shall, depending on the nature, severity of the violation, the value of the corrupt property, the extent of damage caused, and aggravating or mitigating circumstances stipulated in Article 23 of this Ordinance, be subject to one of the following disciplinary measures:

1. Reprimand;

2. Warning;

3. Reduction in pay grade;

4. Demotion;

5. Removal from office, dismissal;

6. Compulsory resignation.

1. Aggravating circumstances to consider when applying disciplinary measures to individuals committing acts of corruption:

a) Using cunning methods to conceal their violations;

b) Taking advantage of their position or authority to obstruct authorized agencies or organizations in detecting and handling their acts of corruption;

c) Refusing to comply with decisions of authorized agencies or organizations regarding returning corrupt property or compensating losses caused by their acts of corruption.

2. Mitigating circumstances to consider when applying disciplinary measures to individuals committing acts of corruption:

a) Voluntarily reporting acts of corruption before being discovered;

b) Actively limiting losses caused by their acts of corruption;

c) Voluntarily returning corrupt property and compensating losses caused by their acts of corruption.

Individuals subjected to disciplinary measures such as demotion in rank, demotion in grade, removal from office, or dismissal shall be reassigned to positions unrelated to work prone to corruption.

Individuals subjected to disciplinary measures such as forced resignation shall not be accepted as officials or civil servants for a period of three to five years from the date of the disciplinary decision.

Individuals committing acts of corruption who are members of agencies or organizations with specific charters or regulations shall, in addition to being disciplined according to this Ordinance, also be disciplined according to the charter or regulation of their agency or organization.

Individuals committing acts of corruption working under labor contracts shall be handled according to the Labor Code and other relevant laws.

When heads of agencies or organizations discover acts of corruption within their agencies or organizations, they must examine and handle the individuals committing such acts within their authority, take necessary measures to recover the appropriated assets, and inform authorized agencies or organizations; if there are signs of criminal offenses, they must transfer the case files or immediately report to the Investigation Agency or the Prosecution Office for examination and handling.

Heads of agencies or organizations who fail to handle cases within their authority or fail to transfer corruption cases with signs of criminal offenses to the Investigation Agency or the Prosecution Office as required by law shall be held accountable for shielding offenses.

Individuals under investigation for acts of corruption by authorized agencies or organizations shall not be transferred to other positions, allowed to resign, or retired until the investigation is completed.

Individuals committing acts of corruption who have been transferred, resigned, or retired before being discovered shall still be held responsible for those acts.

During the investigation, prosecution, and trial of corruption crimes, the Investigation, Prosecution, and Court agencies have the responsibility to strictly and promptly handle corruption crimes, and apply necessary measures as prescribed by law to recover appropriated assets.

1. During inspections, the head of the State Inspection Agency has the right to apply the following measures:

a) Requesting the head of the authorized agency or organization to temporarily suspend the work of individuals committing acts of corruption if there is evidence suggesting that they may continue to commit corruption or obstruct the inspection;

b) Sealing documents and seizing assets of inspected agencies or organizations that are determined to be related to corruption;

c) Applying other measures as prescribed by law on inspections.

When applying these measures, State Inspection Agencies must bear legal responsibility for their application.

2. When there is evidence to conclude that the act of corruption does not reach the level requiring criminal prosecution, the head of the State Inspectorate shall transfer the file to the person in charge of the agency or organization with the authority to request disciplinary action against the person committing the act of corruption and to take necessary measures to recover the property that has been embezzled.

3. When it is found that the act of corruption indicates a crime, the head of the State Inspectorate must immediately transfer the file to the Investigation Agency or the Prosecutor's Office in accordance with the provisions of the law.

Upon receiving the request from the State Inspectorate, the Investigation Agency, or the Prosecutor's Office, the person in charge of the agency or organization must implement the request within the latest thirty days; in case of inability to implement, they must provide the reasons in writing.

Upon receiving the file transferred from the agency or organization, the Investigation Agency or the Prosecutor's Office must examine and handle it promptly within their jurisdiction, take necessary measures to recover the property that has been embezzled, and notify the transferring agency or organization about the results.

A person who covers up for someone committing an act of corruption, obstructs, or interferes with the discovery and handling of the person committing the act of corruption shall be subject to disciplinary action in one of the forms prescribed in Article 22 of this Ordinance or be prosecuted criminally depending on the nature and severity of the violation.

A person who retaliates against or persecutes someone who discovers or reports an act of corruption shall be severely punished according to the law.

The person in charge of the agency or organization has the responsibility to report to the superior agency or organization and inform the State Inspectorate at the same level about the prevention, discovery of acts of corruption, and disciplinary actions taken against persons committing acts of corruption within their scope of responsibility.

Within their respective duties and powers, the Inspectors at all levels and sectors have the responsibility to inspect and urge the prevention, discovery of acts of corruption, and handling of persons committing acts of corruption in agencies and organizations under their ministries, sectors, and localities; to report to the heads of state management agencies at the same level and higher-level State Inspectorates about anti-corruption work.

The State Inspector General, in collaboration with the Ministers of the Ministry of Home Affairs, the Ministry of Defense, and other relevant heads of agencies, assists the Prime Minister in guiding, inspecting, and urging all levels and sectors in preventing, discovering acts of corruption, and handling persons committing acts of corruption; to compile the situation and report to the Government about anti-corruption work nationwide.

The Prime Minister directs the Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Councils, and centrally-administered city People's Councils to implement anti-corruption prevention and struggle work; to report to the National Assembly, the Standing Committee of the National Assembly, and the President about anti-corruption work nationwide.

When necessary, the Prime Minister works with the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy, and other relevant agencies to unify the guidance on anti-corruption prevention and struggle work.

The person in charge of the agency or organization within their respective duties and powers has the responsibility to apply preventive measures, discover acts of corruption, and handle persons committing acts of corruption.

The Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairmen of provincial and centrally-administered city People's Councils have the responsibility to report to the Prime Minister about anti-corruption work within their ministries, sectors, and localities.

The Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, and National Assembly deputies supervise the implementation of preventive measures, discovery of acts of corruption, and handling of persons committing acts of corruption; supervise the activities of inspection, investigation, prosecution, and trial of corruption cases.

The People's Councils and representatives of the People's Councils at all levels supervise the implementation of preventive measures, discovery of acts of corruption, and handling of persons committing acts of corruption; supervise the activities of inspection, investigation, prosecution, and trial of corruption cases locally.

The Chairmen of the People's Councils, Chief Justices of the People's Courts, and Chief Procurators of the People's Procuratorates at all levels within their respective duties and powers have the responsibility to report to the People's Councils at the same level and inform the same-level United Front about anti-corruption work locally.

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective duties and powers have the responsibility to provide detailed regulations and guidance on the implementation of this Ordinance./.