Socialist Republic of Vietnam

Vietnam’s new bill on anti-corruption has, for the first time, legalized the responsibility of state officials, civil servants and army and police officers to declare assets of 50 million VND (roughly 3,150 USD) and up.

Officials’ declared assets must also include those of the spouse and children as well, according to the bill, stressing likely confiscation of assets for officials who fail to prove assets were acquired legally.

Dishonest declaration or failure to prove the legal origin of assets will result in varied forms punishments, the lowest being a warning. In case of officials who run for membership in the National Assembly or other legislative bodies, they will be excluded from the candidate list, the bill added.

But, some legislators expressed their concerns when the bill was discussed on Saturday during the month-long NA session in Hanoi.

Some legislators said the bill’s rule of compulsory property declaration by officials and civil servants’ spouses and children may violate their civil rights to own assets.

The husband or wife and children are independent subjects from officials and civil servants, some said.

But, “officials and civil servants need to bear some specific restrictions and commitments as public officers,” said Vu Duc Khien, head of the NA Law Committee.

Stricter rules

Compared with the existing anti-corruption ordinance, the draft law also introduces stricter regulations to prevent corruption of officials and civil servants.

New corruption activities, including bribery and acting as an intermediary to bribery, harassment while on duty or abuse of authority for mercenary motives or abuse of authority to obstruct activities to detect and deal with corruption, were added to the bill.

The bill also regulates seven activities which officials and civil servants are banned from doing, including establishing or managing private firms.

State-funded agencies, companies and organizations are prohibited from using state property or budget for gifts, the bill said.

Officials and civil servants are also prohibited from receiving presents from enterprises under their authority.

Personnel shuffling in corruption-prone posts such as customs and licensing organizations are also required, according to the bill.

The bill also states the responsibilities of leaders in case of corruption in their state agencies and organizations.

Flaws of anti-corruption committee

The anti-corruption bill, however, fails to clarify the role and operation of the suggested steering committee for anti-corruption, according to a report by the NA Law Committee.

According to the report, the steering committee consists of the prime minister, leaders of judiciary ministries and sectors, the finance minister and representatives from the State Audit and some Party committees.

But, most members of the NA Law Committee disagreed to the establishment of such a committee due to its “unclear legal role, principles, relations and operations,” the report said.

Moreover, a precedent Anti-Corruption Board had been eventually dissolved before because of its ineffectiveness, said Mr. Khien.

Some members of the Law Committee also suggested that personnel shuffling be applied in state personnel agencies to prevent the practice of bribing for better positions.

No quick success

But, don’t expect that the new anti-corruption law to immediately remove all existing hurdles, Mr. Khien warned.

The Law Committee proposed the NA give out a resolution with “specific and practical measures” to fight against corruption in all agencies and organizations, he said.

The NA Standing Committee and the government should be responsible for implementing the resolution, Mr. Khien added.

On that same day, the NA also approved the Law on Tourism, Law on Import and Export Tariffs (revised) and law on amendments and supplements to some articles of the Mineral Law.

(Reported by Manh Quan – Translated by The Vinh)
Story from Thanh Nien News
Published: 12 June, 2005, 12:17:29 (GMT+7)
Copyright Thanh Nien News