Continued Efforts for Completion of Anti-corruption Legal System

The Vietnam Business Forum has been granted an exclusive interview with Mr Tran Quang Tien, Deputy Director of Anti-corruption Monitoring under the  Office of the Central Steering Committee On Anti-Corruption (OSCAC), on Vietnam’s implementation of the United Nations Convention against Corruption (UNCAC) and impacts of anti-corruption on Vietnamese enterprises. 

Vietnam joined the UN Convention against Corruption in December 2003 but not until June 30, 2009 did the State President sign the Decision No. 950/2009/QD-CTN to ratify the Convention. After the Vietnamese Ministry of Foreign Affairs sent a diplomatic note on the ratification of the convention to the United Nations Secretary General, on September 28, 2009, the UN chief sent a written notice informing the effect of the Convention in Vietnam from September 18, 2009. Prime Minister Nguyen Tan Dung signed the Decision No. 445/QD-TTg dated April 7, 2010 to ratify the plan for implantation of the United Nations Convention against Corruption. This is an important decision in the system of government’s instructions on anti-corruption. Subjectively, the Decision 445 is highly practical because implementation contents were weighed up carefully before the ratification of the convention was finalised. The Government Inspectorate was assigned to coordinate with relevant bodies, approved by the Government, to implement the plan.

 

The purpose of the plan is to determine contents of a roadmap to legalise provisions of the convention, thus improving institutions, enhancing efficiency and expanding international cooperation in anti-corruption; clarify the responsibilities of authorities of all-tiers in implementation of convention solutions; effectively implement provisions of the convention in accordance with constitutional principles, laws and economic and social conditions of Vietnam. The carrying out of the plan requires proactive, consistent and clear actions and roadmap in line with legislative reform, lawmaking and national strategy on anti-corruption.

 

The Vietnamese laws are basically consistent with the contents of the convention but some details are not in harmony. In the National Strategy for Anti-corruption until 2020, the Government announced plans to revise, supplement and promulgate bills, decrees, circulars and decisions on this matter. However, to fully comply with all requirements of the convention, Vietnam needs to continue improving its legal system like reports, proposals, draft laws, decrees, decisions, regulations, joint circulars and plans. These cover preventive measures, especially mechanisms to ensure credit and financial institutions and banks, meet requirements on supervising, inspecting, investigating and implementing appropriate provisions on bank confidentiality; build evaluating and measuring criteria systems for corruption and anti-corruption measure effects; supplement crimes and exercise corruption laws; confiscate assets originating from corruptive activities, control incomes and amend regulations on transparency of assets and incomes, etc.

 

The implementation roadmap is divided into three phases: Phase I from now to 2011, Phase II from 2011 to 2016, and Phase III from 2016 to 2030. 

 

Currently, there are many programmes and projects concerning preventing corruption and improving transparency, including the Integrity and Transparency in Business Initiative for Vietnam (ITBI) project. What is your remark on this project? 

The Integrity and Transparency in Business Initiative for Vietnam (ITBI) project carries preventive significance - which is consistent with the direction and standpoint of the Party and State on anti-corruption. The objectives of the project are to help Vietnamese and foreign businesses operating in Vietnam cooperate in ensuring the sustainable improvement integrity and transparency, thus facilitating business activities in Vietnam. It also gathers joint efforts and actions of the Vietnamese business community to improve business environment, create integrity in corruption prevention, enhance awareness of the necessity for bettering business practices, building framework-building criteria for responsible business practice, cooperating with concerned Government organs to ward off inflation threats. Thus, if preventive measures are carried out synchronously, the effect of anti-corruption will be enhanced. 

 

Do you think the project needs more practical activities to contribute further to corruption prevent and fight? Do government agencies have any support for the implementation of the project? 

Enterprises are important partners of the Government in the effort to push back corruption. Nonetheless, the approach must base on characteristics of Vietnamese business models, define the concept of integrity and transparency in the way that any business can access in the process of building business strategy towards sustainable development, no matter which size they are and which field they are involved in.

 

The project needs to receive proper attentions and directions of authorities and branches. In the imminent future, it should gather efforts of domestic enterprises and international organisations in Vietnam. In the long horizon, it needs to promote efficiency and mobilise all involved resources. The project has many advantages as the Prime Minister has approved of the plan for implementation of this convention. 

What should Vietnam resolutely do to tackle corruption woes effectively? 

Classically, corruption is defined historical category existing from the formation of the State and in parallel with the development of the State. Thus, the fight against corruption is always identified as a key task of all countries in the world. Practically, this task is extremely complex as it depends on specific countries.

 

This is also the case for Vietnam. From political determination to action does not always bring in effects as expected. Vietnam will gradually force back corruption, give a facelift to political stability and socioeconomic development, consolidate the public confidence, build a powerful and clean Party and State and use clean-fingered officials to deal with corruption effectively.