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Official Gazette

Friday, May 27, 2022
Tags: United Nations Convention against Corruption
Fighting wildlife-related corruption through international cooperation: Analysis and recommendations to improve compatibility between Vietnams law and the UNCAC 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.
Criminalization of corruption under the Penal Code of Vietnam to be compliant with the UNCAC (Part 1) Criminalization of corruption under the Penal Code of Vietnam to be compliant with the UNCAC (Part 1)
The article first reviews the United Nations Convention against Corruption in terms of criminalization of corruption. It then criticizes limitations and inadequacies of the 1999 Penal Code of Vietnam regarding corruption crimes in comparison with standards set by the UNCAC. 
Internationalization trend and challenges of Vietnams criminal legislation 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?
How will the EVFTA contribute to more transparency? How will the EVFTA contribute to more transparency?
This article looks at the EU-Vietnam Free Trade Agreement (EVFTA), recently ratified by the EU Parliament, from the angle of transparency. Reviewing the road from WTO’s limited use of measures to improve transparency and reduce bribery in international trade to new generation FTAs, the paper examines headways made in mainstreaming transparency in practically all chapters of the trade agreement.
Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption
While an effective financial disclosure system requiring politicians and public officials to report on their assets and incomes can help detect and prevent corrupt practices, it can also help build public confidence and trust in the integrity of politicians and the public service.
Control and handling of corrupt acts in the private sector through accountability mechanism 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.
Anti-corruption law focuses on prevention measures Anti-corruption law focuses on prevention measures
The new Anti-Corruption Law aims to create mechanisms to prevent and combat corruption in a proactive and comprehensive manner so that state officials dare not and cannot commit corrupt acts.
Position-related crimes under the new Penal Code Position-related crimes under the new Penal Code
This article analyzes new provisions in the 2015 Penal Code concerning position-related crimes, which are expected to give more teeth to the fight against corruption in the country.
NA Standing Committee urges passage of Planning Law NA Standing Committee urges passage of Planning Law
If the Planning Law is not passed at the upcoming sitting of the National Assembly (NA), many opportunities would be missed, said NA Chairwoman Nguyen Thi Kim Ngan at the 14th session of the NA Standing Committee that took place from September 11-20.
Corruption whistleblowers protection mechanism under current laws Corruption whistleblowers protection mechanism under current laws
Vietnam has long recognized the rights of whistleblowers in general and corruption whistleblowers in particular in many different legal instruments. However, many legal provisions are just principles, non-specific and scattered in various legal instruments of different legal effects.

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