ANTI-CORRUPTION LAW DATABASE

Title Content Summary
1. International conventions
United Nations Convention against Corruption (UNCAC)  

United Nations Convention against Corruption (****)

 

The Convention covers five main areas: (i) preventive measures, (ii) criminalization and law enforcement, (iii) international cooperation, (iv) asset recovery, and (v) technical assistance and information exchange. Vietnam ratified UNCAC in 2009.
2. Law on Anti-Corruption
Law on Anti-Corruption 2018 Law No. 36/2018/QH14 (***) This Law provides for the prevention, detection of corruption; handling of acts of corruption and other violations of the laws on prevention and anti-corruption.
Law on Anti-Corruption 2005 Law No. 55/2005/QH11 (*) This Law provides for anti-corruption in State sectors. It also regulates the role of society (including: Vietnam Fatherland Front and its member organizations, press, enterprises, citizens and people’s inspection boards) in anti-corruption.
Law on Anti-Corruption 2007 Law No. 01/2007/QH12 (*) This Law adds to Law on Anti-corruption 2005 a provision on establishment of provincial-level Steering Committee for Corruption Prevention and Combat.
Law on Anti-Corruption 2012 Law No. 27/2012/QH13 (*) This Law adds to Law on Anti-corruption 2005 (amended in 2007) provisions on (i) Publicity and transparency in a number of fields, (ii) responsibilities for explanation, as well as removes the provision on Steering Committee for Corruption Prevention and Combat.
Decree No. 47/2007/NĐ-CP Decree No. 47/2007/NĐ-CP(*) This Decree provides the role and responsibilities of society in anti-corruption.
Decree No. 59/2013/NĐ-CP Decree No. 59/2013/NĐ-CP(*) This Decree provides guidelines for implementing Law on Anti-corruption
Decree No. 78/2013/NĐ-CP Decree No. 78/2013/NĐ-CP(*) This Decree provides guidelines for transparency of assets and income
Decree No. 107/2006/NĐ-CP Decree No. 107/2006/NĐ-CP(*) This Decree defines responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units
Decree No. 211/2013/NĐ-CP Decree No. 211/2013/NĐ-CP(**) This Decree amends and supplements a number of Decree No. 107/2006/NĐ-CP on responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units.
Decision No. 64/2007/QĐ-TTg Decision No. 64/2007/QĐ-TTg(**) This decision provides the Regulation on giving, receipt and hand-over of gifts by State budget-funded agencies, organizations and units and cadres, public employees and servants.
3. Penal Code
Penal Code 2015 Penal Code No. 100/2015/QH13 (**) Chapter XXIII of the Penal Code promulgated a number of corruption-related crimes. Thereof, several provisions are applied for handling private corruption, including: embezzlement; taking bribes; giving bribes; and brokering bribery.
Law on amending Penal Code 2017 Law No. 12/2017/QH14 (**) This Law supplements, amends and removes a number of provisions under Penal Code 2015. Corruption-related crimes remain unchanged.
4. Law on Access to Information
Law on Access to Information 2016 Law No. 104/2016/QH13(**) This law provides for the exercise of the citizens’ right of access to information, principles and procedures for exercising the right of access to information, responsibilities of state agencies in ensuring the citizens’ right of access to information.
Decree No. 13/2018/NĐ-CP Decree No. 13/2018/NĐ-CP(**) This Decree provides guidelines for implementing Law on Access to Information 2006.
Decision No. 1301/QĐ-BTP Decision No. 1301/QĐ-BTP(*) This Decision promulgates the Regulation on providing information to citizens by Ministry of Justice
5. Law on Denunciation
Law on Denunciation 2018 Law No. 25/2018/QH14(***) This Law provides for denunciation and settlement of denunciations of violations against the law during performance of duties and other violations against the law related to state management of fields; protection of denouncers and responsibilities of organizations for management of denunciation settlement.
6. Law on Complaints
Law on Complaints 2011 Law No. 02/2011/QH13(*) This Law regulates on complaints and settlement of complaints against administrative decisions or acts of state administrative agencies or competent persons in these agencies; complaints and settlement of complaints related to disciplinary decisions against cadres or civil servants; reception of citizens; management and supervision of complaint settlement work.
Decree No. 75/2012/NĐ-CP Decree No. 75/2012/NĐ-CP(*) This Decree provides guidelines for implementing Law on Complaints 2011.
7. Press Law
Press Law 2016 Law No. 103/2016/QH13(*) This law provides for freedom of press, freedom of speech in the press of the citizens; organization and operation of the press; rights and obligations of agencies, organizations and individuals that participate in and are related to press activities; State management over the press.
Decree No. 09/2017/NĐ-CP Decree No. 09/2017/NĐ-CP(***) This Decree provides guidance for the making of statements and provision of information by state administrative agencies to the press.
8. Law on Reception of Citizens
Law on Reception of Citizens 2013 Law No. 42/2013/QH13(*) This Law prescribes the responsibility for receiving citizens; rights and obligations of persons making complaints, denunciations, petitions and reports; the organization of citizen reception activities at citizen reception offices and citizen reception places of agencies, organizations and units, and conditions to ensure citizen reception activities.
Decree No. 64/2014/NĐ-CP Decree No. 64/2014/NĐ-CP(*) This Decree provides guidelines for implementing Law on Reception of Citizens 2013.
9. Law on Cyber Security
Law on Cyber Security 2018 Law No. 24/2018/QH14(***) This Law provides for protection of national security and public order in cyberspace; responsibility of relevant organizations and individuals.

Sources:

(*) Portal of Vietnam’s Ministry of Justice: www.moj.gov.vn

(**) Vietnam’s National Legal Database: vbpl.vn/pages/portal.aspx

(***) Portal of Government of Vietnam: www.chinhphu.vn

(****) Portal of United Nations Office on Drugs and Crime: www.unodc.org

Facebook