VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW PHẠM TUẤN MINH STUDENT CODE: 18062021 PERFECTING THE ANTI-CORRUPTION LAW IN VIETNAM TODAY GRADUATION THESIS Major: Law High Quality Program Course: QH-2018-L Ha Noi – 2022 VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW PHẠM TUẤN MINH STUDENT CODE: 18062021 PERFECTING THE ANTI-CORRUPTION LAW IN VIETNAM TODAY GRADUATION THESIS Major: Law High Quality Program Course: QH-2018-L SUPERVISOR: DR. NGUYỄN HOÀNG ANH Ha Noi – 2022 DECLARATION OF AUTHORSHIP I hereby declare that this thesis was carried out by myself under the guidance and supervision of Dr. Nguyễn Hoàng Anh; and that the work contained and the results in it are true by author and have not violated research ethics. The data and figures presented in this thesis are for analysis, comments, and evaluations from various resources by my own work and have been duly acknowledged in the reference part.
In addition, other comments, reviews and data used by other authors, and organizations have been acknowledged, and explicitly cited. I will take full responsibility for any fraud detected in my graduation thesis. confirmation of instructor Ha Noi City, day month year Author 1 THANK YOU To complete my graduation course, I can express my gratitude to the teachers in the Faculty of Law as well as all the teachers in Vietnam National University, Hanoi dedicated to conveying valuable ideas to me during the study and training at the school. With sincere gratitude, I would like to express my deep thanks to the instructor who dedicatedly instructed and guided me throughout my studies and completed this essay.
Finally, I would like to sincerely thank my family, head teacher and friends for wholeheartedly encouraging me throughout my studies and research. Although there have been many attempts to complete the course in the most complete way, due to the limited time and capacity as well as experience, while implementing the topic, it is difficult to avoid shortcomings. I look forward to receiving sincere comments from teachers and friends to help my essay topic be more complete. Thank you very much! 2 TABLE OF CONTENTS DECLARATION OF AUTHORSHIP .2 TABLE OF CONTENTS.
The urgency of studying the topic. Scientific and practical implications. Research purposes and tasks. Subjects and scope of study.
Methodology and research methods. Specific research methods. Layout of graduation report .9 CHAPTER 1: THE THEORETICAL BASIS OF THE IMPROVEMENT OF THE LAW ON ANTI-CORRUPTION. Concepts and roles of law on anti-corruption.
Legal concepts on anti-corruption. The role of anti-corruption legislation. Concepts and criteria for completing the law on anti-corruption. Concept of completing the law on anti-corruption.
Criteria for assessing the level of completion of the law on anti-corruption. Necessity and factors affecting the improvement of the law on anti-corruption. The need to perfect the law on anti-corruption. Factors affecting the improvement of the law on anti-corruption .28 CHAPTER 2: THE CURRENT LEGAL SITUATION ON ANTI-CORRUPTION IN OUR COUNTRY.
Scope and contents of the current law on anti-corruption. Scope of adjustment of the current law on anti-corruption. Contents of the current law on anti-corruption. Assessing the completeness of the current anti-corruption legal system.
Achievements in anti-corruption work. Results achieved in the handling of corruption cases of a serious nature. Results achieved in the detection, investigation and handling of corruption crimes. Improved Corruption Perception Index (CPI).
To improve people's trust in the Party and State in the fight against corruption. Some other results achieved. Inadequacies and limitations of the current law on anti-corruption. The system of specialized anti-corruption agencies is complex, lacks strictness, does not have sufficient independent legal powers and positions.
Asset declaration in Vietnam is still formal, not effective. The legal provisions on conflict of interest control in public service activities are fragmented, incomplete, comprehensive and lack feasibility. The work of detecting and dealing with corruption related to enterprises encounters many difficulties and challenges. Some other inadequacies and limitations.
54 CHAPTER 3: PROPOSING VIEWS AND SOLUTIONS TO PERFECT THE LAW ON ANTI-CORRUPTION IN VIETNAM. Views on perfecting the law on anti-corruption. Solutions to complete the law on anti-corruption. Establishment of an independent, competent and effective anti-corruption agency, making civil servants "dare not to be corrupt".
Complete the mechanism for controlling assets and incomes of cadres and civil servants. To communicate data information on asset and income control of cadres and civil servants. Anti-corruption must go hand in hand with the reform of administrative procedures, innovation of technology management and application of information technology. Some other solutions.
The urgency of studying the topic Corruption is a phenomenon that exists objectively inevitably in a society with class division, state. Because corruption has always been associated with state power; Some people with positions and powers in the state apparatus have taken advantage of state power to corrupt, in order to gain benefits for themselves, for their families, or for their relatives. Corruption does not only occur in the fields of economy, finance, banking, investment, basic construction, land management,. but also spread to the fields of culture, health, education, fitness, sports; in subsidy programs for war invalids, martyrs, policy families; in relief programs for people in disasters; in the process of reviewing the recognition of historical and cultural relics, emulation of rewards,.
Corruption changes all areas of social life such as the economy, the law, democracy, morality, education. they have violated, even moved, changed and upset moral standards in the system of public agencies, corrupted the cadres and civil servants of the State. Corruption not only erodes people's trust in the Party's policies, policies and laws of the State, but also supports hostile and reactionary forces in smearing, discrediting and discrediting the Party in the national level as well as in the international arena. In many resolutions, our Party has clearly defined the task of effectively implementing the fight against corruption and asked party committees, authorities, branches and levels to focus on leading, directing to promote and improve the effectiveness of the fight against corruption to quickly prevent, Push back against this evil.
On November 29, 2005, the National Assembly passed the Anti-Corruption Act. This law was amended and supplemented in 2007 and 2012, respectively. On November 20, 2018, the National Assembly passed a new Anti-Corruption Law , replacing the Anti-Corruption Law 2005. In fact, the law on anti-corruption is still limited, in which, there are still some relationships that have not been regulated by law, adjusted or many provisions of the Anti-Corruption Law have not been specifically guided to implement.
In particular, some regulations are issued but when implemented, they show inappropriate or contradictory, overlap. Therefore, perfecting the law on anti-corruption is an urgent concept. To perfect the law on anti-corruption, it is necessary to study the 6 theoretical basis of the improvement of the law on anti-corruption; assess the current situation of the law on anti-corruption; propose views and solutions to complete the law on anti-corruption. The study of this topic is intended to contribute to the implementation of the above task.
The fight against corruption and negativity is a long, difficult and complex struggle. In the process of renovation, our Party always pays attention to promoting the fight against corruption and considers this a particularly important task of building and correcting the Party. With the desire to contribute to ensuring the effectiveness of the policy, reducing the serious corruption situation in Vietnam, I chose the issue of "Perfecting the anti-corruption law in Vietnam today" to study. Scientific and practical implications The report forms and supplements the theoretical issues of the current lack of anti- corruption policies such as: the content of the concept of anti-corruption policy, identifying the characteristics and contents of anti-corruption policies (objectives, solutions, tools), affirming the role, the important meaning of anti-corruption policy in the national policy system, identifying the basic objective and subjective factors affecting anti-corruption policies, especially identifying the basic criteria for evaluating anti-corruption policies.
The requirements, solutions and recommendations made by the report will provide documents for the competent authorities to refer directly to the development of the National Strategy on Anti-Corruption in the next phase (from 2020 to 2030), adjusting the provisions in institutional documents to concretize solutions, tools of policy, conducting solutions to support the improvement of the policy. In addition, the report is also a document for exploitation in teaching, training and retraining at training institutions and other agencies and organizations, as a reference for further studies on anti-corruption policies. The results of the research on the topic presented in the thesis course can be used as a reference in the process of formulating and perfecting the provisions of the law on ANTI-CORRUPTION in our country today. The thesis course is a reference in the anti-corruption work.
7 The course is a document for the study, study, teaching and propagation of anti- corruption laws in Vietnam. Research purposes and tasks 3. Research purposes The purpose of the course is to identify the basis for completing the law on anti- corruption in Vietnam; assess the status of the provisions of the current anti-corruption law in our country, specify the advantages and limitations of the law in that field; thereby proposing views, the solution contributes to perfecting the law on anti- corruption in our country today. Research tasks Clarify the concept of corruption, anti-corruption, anti-corruption law, law on anti- corruption, perfecting the law on anti-corruption; the role of the law on anti-corruption; the criteria for perfecting the law on anti-corruption; the necessity and factors affecting the improvement of the law on anti-corruption.
Codify the provisions of the current anti-corruption law , identify the advantages and point out the limitations of anti-corruption legislation. Proposing views, requirements and solutions to complete the law on anti- corruption in order to facilitate the fight against corruption effectively in the current period. Subjects and scope of study The course only examines the basic contents of the anti-corruption law expressed in the Anti-Corruption Law and the documents guiding the implementation of this Law, identifying the advantages and limitations of the law on anti-corruption, thereby providing solutions to complete the provisions on prevention, detecting and dealing with corruption; organization and operation of anti-corruption agencies; promoting the roles and responsibilities of citizens and organizations in anti-corruption; international cooperation on anti-corruption; organizations and apparatus of state agencies and officials, civil servants and officials effectively; assessing the situation of corruption, effective anti-corruption work and legal improvement in some areas at high risk of corruption. Methodology and research methods 5.
Methodology The thesis course is studied on the basis of the theory of historical materialism, dialectical materialism of Marx - Leninism, Ho Chi Minh thought. At the same time, based on the Party's views, guidelines, directions and tasks on anti-corruption, especially the Resolution of the 3rd Central Committee (Class X) on strengthening the Party's leadership in anti-corruption and waste prevention. Specific research methods The specific methods used in the process of researching the basic topic are traditional methods such as: analysis, comparison, proof, systematization, statistics, synthesis. Layout of graduation report The report is divided into three chapters as follows: CHAPTER 1: THE THEORETICAL BASIS OF THE IMPROVEMENT OF THE LAW ON ANTI-CORRUPTION CHAPTER 2: THE CURRENT LEGAL SITUATION ON ANTI- CORRUPTION IN OUR COUNTRY CHAPTER 3: PROPOSING VIEWS AND SOLUTIONS TO PERFECT THE LAW ON ANTI-CORRUPTION IN VIETNAM 9 CHAPTER 1: THE THEORETICAL BASIS OF THE IMPROVEMENT OF THE LAW ON ANTI-CORRUPTION 1.
Concepts and roles of law on anti-corruption 1. Legal concepts on anti-corruption 1. The concept of corruption Corruption is the act of abusing positions and powers to enjoy illegal material interests, causing damage to the property of the State, collectives and individuals, infringing on the proper activities of agencies and organizations. In Vietnam's criminal law, many specific acts of corruption such as acts of embezzlement, taking bribes.
It was regulated relatively early.
