Vietnam’s efforts in maintenance of international peace and security
With its foreign policy of peace, independence, self-reliance, respecting and committing to the principles and noble objectives of the United Nations (UN), Vietnam wishes to make more contributions to the common efforts of the international community in upholding international law and the UN Charter and promoting the role of the UN and multilateral institutions, especially in the maintenance of international peace and security. This article reviews Vietnam’s efforts in fulfillment of the UN’s common goals of maintenance of international peace and security as well as its guidelines, policies and actions on the issue.
Fighting wildlife-related corruption through international cooperation: Analysis and recommendations to improve compatibility between Vietnam’s law and the UNCAC
International cooperation has been recognized as a key in the fight against corruption in general and corruption relating to wildlife crime in particular. In order to create a legal basis for international anti-corruption efforts, the United Nations adopted the Convention against Corruption on October 31, 2003. Vietnam became an official State Party to the Convention on August 19, 2009. This article analyzes the Convention’s provisions and Vietnam’s regulations on international cooperation in the fight against corruption, especially those concerning the wildlife, and puts forward some recommendations for making them more compatible with the United Nations Convention against Corruption.
Internationalization trend and challenges of Vietnam’s criminal legislation
Vietnam’s criminal law’s evolution landmarks include the first-ever 1985 Penal Code, 1999 Penal Code (revised in 2009) and the latest Penal Code passed in 2015 (revised in 2017). Each of these codes and its revised version was imbued with characteristics of certain criminal legislation trends in its effective period. In the initial stage of codification of Vietnam’s criminal law, international aspects were embodied in a very moderate manner. The 1985 Penal Code only recognized some international criminal law principles regarding some crimes in order to protect interests of the international community. The 1999 Penal Code went further with some revisions to guarantee Vietnam’s responsibility as a state party to a number of conventions and treaties on criminal justice. However, these two codes have not yet initiated the internationalization trend of Vietnam’s criminal law. Until the 2009 Code revising the 1999 Penal Code and the 2015 Penal Code (revised in 2017), such trends as modernization, benevolence, international integration, judicial reform and respect for human rights are embraced. So, for what reasons Vietnam’s criminal law has been influenced by international criminal law and more and more clearly leaned toward consistency with international criminal law?
Control and handling of corrupt acts in the private sector through accountability mechanism
Corruption in the non-state business sector happens when someone takes advantage of his/her position in his/her enterprise for the sake of his/her personal gains. In Vietnam, the 2015 Penal Code (revised in 2017) has broadened the scope of corrupt acts to include corruption occurred in the private sector. Specifically, persons with high positions and/or powers in a non-state enterprise or organization will be liable for the following criminal acts: embezzlement, receiving bribes, giving bribes and bribery brokerage. However, in order to effectively prevent and combat corruption in the private sector, holding persons committing corrupt acts liable is not sufficient enough.