Ordinance No. 22/2000/PL-UBTVQH10 Amending and Supplementing Certain Articles of the Anti-Corruption Ordinance

ORDINANCE ON COMBATING CORRUPTION

NUMBER 22/2000/PL-UBTVQH10 dated April 28, 2000

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE ORDINANCE ON COMBATING CORRUPTION

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

BASED ON THE RESOLUTION OF THE NATIONAL ASSEMBLY, TENTH SESSION, SIXTH MEETING ON THE LEGISLATIVE PROGRAM FOR 2000;

THIS ORDINANCE AMENDS AND SUPPLEMENTS CERTAIN PROVISIONS OF THE ORDINANCE ON COMBATING CORRUPTION, WHICH WAS APPROVED BY THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON FEBRUARY 26, 1998.

ARTICLE 1. AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE ORDINANCE ON COMBATING CORRUPTION AS FOLLOWS:

1. AMENDING AND SUPPLEMENTING ARTICLE 3:

1. Employers stipulated in Clause 1 of Article 1 of this Decree may recruit foreign workers up to a ratio not exceeding 3% of the current number of employees in the enterprise, but at least one person must be recruited. The acts of corruption stipulated in this Ordinance include:
1. Embezzlement of property;
2. Accepting bribes;
3. Misusing power to appropriate property;
4. Exploiting position and authority for personal gain while performing official duties;
5. Exceeding authority for personal gain while performing official duties;
6. Exploiting position and authority to influence others for personal gain;

7. Falsifying work for personal gain."

2. AMENDING AND SUPPLEMENTING ARTICLE 13:

"Article 13.
1. Persons with positions and authorities shall not engage in the following activities:
a) Causing harassment, difficulties, or inconvenience when handling matters for agencies, organizations, or individuals;
b) Receiving money, assets, or other material benefits from agencies, organizations, or individuals related to their own work;
c) Using public funds to give gifts or distribute to officials, employees, and other persons beyond the regulations of the State;
d) Illegally intervening in the examination and resolution of interests for themselves or others, or allowing others to take advantage of their influence to violate laws and obtain improper benefits;
đ) Using positions and authorities to borrow or lend money from public funds, banks, or credit institutions; using positions and authorities to guarantee loans for others from public funds, banks, or credit institutions;
e) Using public funds, houses, land, or other assets of agencies or organizations, or taking advantage of the work of those under their management to obtain improper benefits;
g) Using positions and authorities to occupy land, use land for illegal farming or business operations;
h) Disclosing economic information or other information that has not been authorized to be published;
i) Depositing money, precious metals, or precious stones in foreign banks;
k) Other actions prohibited by law.
2. Persons specified in Clauses 1, 2, and 3 of Article 2 of this Ordinance shall not establish, participate in establishing, or manage private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives; private hospitals, private schools, or private scientific research organizations.
3. Heads of state agencies and their deputies, as well as their spouses, shall not invest capital in businesses operating within the scope of industries or professions they directly manage. For state-owned enterprises undergoing shareholding reform, leaders and managers of such enterprises, their spouses, parents, children, may only purchase shares up to the average shareholding level of shareholders.
4. Heads of state agencies and units under the people's armed forces shall not use public funds and other state assets to establish businesses for profit or invest in businesses for profit for their own agencies or units.
5. Heads of agencies and organizations and their deputies shall not appoint their spouses, parents, children, brothers, sisters, or half-siblings to leadership positions in human resources, accounting-finance; serving as cashiers, warehouse keepers in agencies or organizations, or buying and selling materials, goods, transactions, and contracts for these agencies or organizations.

6. The Government shall provide detailed regulations on the implementation of the provisions of this Article."

3. AMENDING AND SUPPLEMENTING ARTICLE 21:

Article 21. Any person committing any of the acts of corruption stipulated in Article 3 of this Ordinance, which constitute crimes as defined in Articles 278, 279, 280, 281, 282, 283, and 284 of the Penal Code, shall be subject to punishment under the Penal Code."

Article 2. THIS ORDINANCE SHALL TAKE EFFECT FROM JULY 1, 2000.

Previous regulations contrary to this Ordinance are abolished.

Article 3. THE GOVERNMENT SHALL ISSUE GUIDELINES AND REGULATIONS TO IMPLEMENT THIS ORDINANCE.