Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
1. This Law provides for the prevention, detection and handling of persons who commit corrupt acts and the responsibilities of agencies, organisations, units and individuals in corruption prevention and combat.
2. Corruption means acts committed by persons with positions and/or powers of abusing such positions and/or powers for self-seeking interests.
3. Persons with positions and/or powers shall include:
a) Public servants;
b) Officers, professional army men, defense workers in agencies or units of the People's Army; officers, non-commissioned officers, professional- technical officers, non-commissioned officers in agencies or units of the People's Police;
c) Leading, managerial officials in state enterprises; leading, managerial officials being representatives of the State's contributed capital portions at enterprises;
d) Persons assigned tasks or official dities who have powers while performing such tasks or official duties.
Article 2.- Interpretation of terms
In this Law, the terms below shall be construed as follows:
1. Corruption-related property means property acquired from corruption acts, property originating from corrupt acts.
2. Publicity means the publicization, supply of official information on documents, activities or certain contents by agencies, organisations or units.
3. Property and income transparency means the declaration of property, incomes by persons who are obliged to make such declaration which, when necessary, shall be verified and concluded.
4. Harassment means acts of bumbledom, authoritarianism, causing difficulties or troubles when performing tasks or official duties.
5. Self-seeking interests mean material and/or spiritual interests which are obtained or can be obtained by persons with positions and/or powers through corrupt acts.
6. Agencies, organisations, units include state agencies, political organisations, socio-political organisations, people's armed force units, non- business units, state enterprises and other agencies, organisations and units using the state budget and/or properties.
Article 3.- Corrupt acts
1. Embezzling properties.
2. Taking bribes.
3. Abusing positions, powers to appropriate properties.
4. Taking advantage of positions, powers while performing tasks or official duties for self-seeking interests.
5. Abusing powers while performing tasks or official duties for self-seeking interests.
6. Taking advantage of positions, powers to influence other persons for self-seeking interests.
7. Committing forgeries in work for self-seeking interests.
8. Offering bribes, bribe brokerage by persons with positions and/or powers to settle affairs of agencies, organisations, units or localities for self- seeking interests.
9. Taking advantage of positions, powers to illegally use state properties for self-seeking interests.
10. Harassment for self-seeking interests.
11. Failure to perform tasks or official duties for self-seeking interests.
12. Taking advantage of positions, powers to cover up law violators for self-seeking interests; illegally hindering, intervening in the examinations, inspections, auditings, investigations, prosecutions, adjudications or judgment executions for self-seeking interests.
Article 4.- Principles for handling of corruption
1. All corrupt acts must be detected, stopped and handled in a timely, strict and just manner.
2. Persons who commit corrupt acts shall be handled according to the provisions of law irrespective of their positions.
3. Corruption-related properties must be recovered, confiscated; persons committing corrupt acts and causing damage must pay compensations, indemnities according to the provisions of law.
4. Persons who commit corrupt acts and take initiative in reporting them before they are detected, actively limit damage caused by their illegal acts and/or voluntarily hand over corruption-related properties can be considered for alleviation of discipline, penalties or exemption from penal liability examination according to the provisions of law.
5. The handling of corruption must be effected in a public manner according to the provisions of law.
6. Those who have committed corrupt acts and have retired, left their jobs or been transferred to other jobs shall still be handled for their corrupt acts.
Article 5.- Responsibilities of agencies, organisations, units and persons with positions and/or powers
1. Agencies, organisations and units shall, within the ambit of their respective tasks and powers, have the following responsibilities:
a) To organise the implementation of legal documents on corruption prevention and combat;
b) To receive and handle in time reports, denunciations and other information on corrupt acts;
c) To protect the legitimate rights and interests of persons who have detected, reported on, denounced corrupt acts;
d) To take initiative in precluding, detecting corrupt acts; to promptly supply information, documents and meet the requests of competent agencies, organisations or individuals in the process of detecting and handling persons who commit corrupt acts.
2. Heads of agencies, organisations or units shall, within the ambit of their respective tasks and powers, have the following responsibilities:
a) To direct the implementation of the provisions of Clause 1 of this
Article;
b) To be exemplary, incorruptible; to periodically review the performance of their tasks and responsibilities in precluding and detecting corrupt acts, handling persons who have committed corrupt acts;
c) To bear responsibility when letting corrupt acts occur in their respective agencies, organisations or units.
3. Persons with positions and/or powers shall have the following responsibilities:
a) To perform their tasks and/or official duties strictly according to the provisions of law;
b) To be exemplary, incorruptible; to strictly observe the provisions of law on corruption prevention and combat, the code of conducts and the rules on professional ethics;
c) To declare their properties according to the provisions of this Law and take responsibility for the accuracy, truthfulness of such declarations.
Article 6.- Rights and obligations of citizens in corruption prevention and combat
Citizens shall have the rights to detect, denounce corrupt acts, have the obligations to cooperate with and assist competent agencies, organisations or individuals in the detection and handling of persons who have committed corrupt acts.
Article 7.- Coordination responsibilities of inspectorates, the state audit, investigating bodies, procuracies, courts and concerned agencies, organisations as well as units.
Inspectorates, the state audit, investigating bodies, procuracies and courts shall, within the ambit of their respective tasks and powers, have to coordinate with one another and coordinate with concerned agencies, organisations and/or units in detecting corrupt acts, handling corruption committers and take responsibility before law for their respective conclusions and decisions in the course of inspection, auditing, investigation, prosecution, adjudication of corruption cases.
Concerned agencies, organisations and units shall have to create conditions for, and collaborate with, inspectorates, the state audit, investigating bodies, procuracies, courts in detecting and handling corruption committers.
Article 8.- Responsibilities of Vietnam Fatherland Front and its member organisations
Vietnam Fatherland Front and its member organisations shall have to mobilize people to actively participate in corruption prevention and combat; detect, propose competent agencies, organisations or individuals to handle persons who commit corrupt acts; supervise the observance of law on corruption prevention and combat.
Article 9.- Responsibilities of press agencies
Press agencies shall have the responsibility to participate in corruption prevention and combat; cooperate with competent agencies, organisations or individuals in corruption prevention and combat; must ensure accuracy, truthfulness and objectiveness in their reports and bear responsibility for the contents of information they have reported.
Article 10.- Prohibited acts
1. Acts specified in Article 3 of this Law.
2. Intimidation, revenge, retaliation of persons who have detected, reported on, denounced, supplied information on corrupt acts.
3. Taking advantage of denunciation of corruption to slander other agencies, organisations, units or individuals.
Tìm kiếm
Luật phòng, chống tham nhũng 2005 (Bản Word)
Luật phòng, chống tham nhũng 2005 (Bản Pdf)