Corruption is a particularly difficult poser for the Government of Vietnam. And, Vietnam still lacks tough sanctions to punish acts of corruption, said Huynh Phong Tranh, General Inspector of Government, on the sidelines of the review conference on implementation of the UN Convention against Corruption in Vietnam held in Hanoi recently. Anh Phuong reports.
Could you tell us about the results in this report?
According to the summary report on the implementation results and implementation review of the United Nations Convention against Corruption, Vietnam was chosen to be the State party under review in 2011 in the first review cycle. Government inspectors actively coordinated with ministries and central agencies to start preparatory work for this process from the end of 2010 with the formation of the Standing Working And Planning Group responsible for assessing the Convention. At the same time, on April 7, 2010, the Prime Minister issued the Decision 445/QD-TTg on plans of enforcing the Convention in Vietnam.
To date, according to evaluation results, Vietnam basically fulfilled requirements of the Convention within the contents mentioned in the first cycle of review. Particularly, through the self-assessment, Vietnam adopted and fully implemented 102/145 Convention requirements; partly adopted and implemented 29/145 requirements; and has not adopted and implemented 14 requirements.
However, according to international experts, Vietnam also identified certain areas that have not yet been in accordance with the Convention’s requirements as well as difficulties and challenges in meeting more comprehensively Convention requirements, especially requirements regarding the improvement of legal provisions on criminal issues, criminal proceedings and mutual legal assistance. And, this is a very important opportunity for the State administrative system to review the whole legal system and implement anti-corruption works effectively.
Have you ever thought that this is an opportunity for the Vietnamese judicial agencies to make amendments to the Law on Prevention of Corruption?
Vietnam has issued many laws and bylaws on prevention of corruption over the years. . However, when they are actually put into practice, they expose to drawbacks like property declaration, formalistic income and accountability of the head.
In addition, State agencies and their heads lack drastic and close measures in directing, operating, organising activities against corruption. Even, not a few officials of State agencies, including the heads, are irresponsible to the laws. Wrong perception results to corrupt acts which are hidden by increasingly sophisticated and complex covers, signs of protections and partisanship. Many people with tremendous contributions to the nation are also reportedly involved in corrupt acts.
From this reality, I think, this is the time for the judicial sector to make amendments to the Law on Prevention of Corruption in order to better ward off acts of corruption.
Apart from the “administrative order” measures, are propaganda campaigns carried out effectively?
This is also considered a weakness of Vietnamese public authorities. Today, political, ideological and moral education and propaganda on anticorruption laws for key civil servants with the purpose of creating public exemplars are not very effective. Even, people of good deeds are not praised, encouraged and protected in many places. Wrongdoings are not punished or condemned.
Besides, through the process of self-assessments, a lot of many institutional management policies on socioeconomic fields have loopholes and cannot put an end to ‘give and take’ mechanism. This is the land to cultivate desire for corruption, especially in the field of land management, construction, procurement, personnel organisation, State-run enterprise management, etc.
What are obstacles to corruption prevention in Vietnam today?
Currently, according to international experts, 5 per cent do not comply with regulations on corruption in Vietnam, which mainly relate to illicit enrichment, bribery in private sector, and responsibility of legal persons. Many people become rich so fast that they cannot give explanations to the source of their suddenly increased assets.
Would you mind talking about contents the Government recommends for change at the next round of amendments to the Law on Prevention of Corruption?
Practices of fighting against corruption demand amendments the Law on Prevention of Corruption. New contents will be updated to the law include a wide scope of applied entities for property and income declaration, accountability to property sources; and bank account-based payment for high valued assets. The amended draft law also adds contents for mitigating penalties for people engaged in acts of corruption like committing bribery but making a confession before being found, etc.
In summary, making a national report on the Convention implementation is a new job for Vietnam. As a State party to the Convention, Vietnam urgently carries out the report. The Government Inspectorate seriously needs cooperation and coordination from relevant agencies like the Ministry of Public Security, the Ministry of Justice, the General Department of Customs, the State Bank of Vietnam (SBV), international institutions, and development partners in the fight against corruption.
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