Pháp lệnh 22/2000/PL-UBTVQH10

ORDINANCE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ANTI-CORRUPTION ORDINANCE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the sixth session of the Xth National Assembly on its 2000 legislative program;
This Ordinance amends and supplements a number of articles of the Anti-Corruption Ordinance which was adopted by the National Assembly Standing Committee on February 26, 1998.

Article 1.- To amend and supplement a number of Articles of the Anti-Corruption Ordinance as follows:

1. Article 3 shall be amended and supplemented ad follows:

"Article 3.-

Acts of corruption defined in this Ordinance include:

1. Embezzlement of property;

2. Taking bribes;

3. Abusing one’s positions and powers to appropriate property;

4. Taking advantage of one’s positions and powers while performing public duties for personal benefits;

5. Abusing one’s powers while performing public duties for personal benefits;

6. Taking advantage of one’s positions and powers to influence other people for personal benefits;

7. Committing forgery in work for personal benefits."

2. Article 13 shall be amended and supplemented as follows:

"Article 13.-

1. Persons holding responsible positions and powers must not do the following:

a/ Harassing and/or causing troubles and difficulties while setting the work of agencies, organizations and/or individuals;

b/ Receiving money, property or other material benefits from agencies, organizations and/or individuals related to the work they are handling;

c/ Using public money to make presents or apportioning it to officials, employees and other persons in contravention of the State’s regulations;

d/ Unlawfully intervening in the consideration and settlement of interests for themselves and/or other people or letting other persons take advantage of their influence to act against law and gain illicit benefits;

e/ Taking advantage of their positions and powers to borrow or lend money of public funds, banks or credit institutions; abusing their positions and powers to guarantee other people’s loans from public funds, banks or credit institutions;

f/ Using public funds, houses, land or other property of agencies and/or organizations or abusing labor of the people under their management to gain benefits unlawfully;

g/ Abusing positions and powers to appropriate land or distribute public land for levy and yield collection or use land for illegal businesses in other forms;

h/ Disclosing economic and other information which are not yet allowed to be disclosed;

i/ Depositing money, precious metals or gems at foreign banks;

k/ Other acts which are not allowed to be done under the provisions of law.

2. Persons defined at Clauses 1, 2 and 3, Article 2 of this Ordinance are not allowed to establish, participate in the establishment or join the management and running of private enterprises, limited liabilities companies, joint stock companies, partnerships, cooperatives; private hospitals, private schools and private scientific research institutions.

3. The head and deputy heads of agencies; as well as their spouses are not allowed to contribute capital to enterprises operating within the branches or professions over which they are directly performing the State management.

For the equitized State enterprises, the leading and managerial cadres, their spouses, parents or children who are working at such enterprises shall be allowed only to buy shares not exceeding the average share level of shareholders.

4. The heads of the State agencies and units of the people’s armed forces are not allowed to use public funds and other property of the State to establish business enterprises or contribute capital to such enterprises to gain benefits for their own agencies and units.

5. The heads and deputy-heads of agencies and organizations are not allowed to let their spouses, parents, children or siblings hold leading positions of the organization and personnel sections and accountancy sections, work as cashiers or store keepers of the agencies and organizations; buy or sell materials and commodities, conduct transactions or sign contracts for such agencies and organizations.

6. The Government shall specify the application of the provisions of this Article."

3. Article 21 shall be amended and supplemented as follows:

"Article 21.-

Those who commit one of acts of corruption stipulated in Article 3 of this Ordinance and which constitutes a crime prescribed in Articles 278, 279, 280, 281, 282, 283 and 284 of the Criminal Code shall be handled according to the Criminal Code."

Article 2.- This Ordinance takes effect as from July 1st, 2000.

Other previous regulations contrary to this Ordinance are now all annulled.

Article 3.- The Government shall detail and guide the implementation of this Ordinance.