INTELLECTUAL PROPERTY

LAW

INTRODUCTION TO ANTI-CORRUPTION LAW

 Introduction to Anti-Corruption Law

1. Introduction to Corruption
2. Introduction to the source of Anti-Corruption Law
3. Act of Corruption stipulated by Vietnam Law
4. Anti-Corruption work in the private sector

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 1. Introduction to Corruption

Corruption is a global phenomenon which affects businesses applying for:

- government licences
- seeking tenders (both public and private sector),
- contracting with intermediaries and agents,
- giving charitable donations,
- providing corporate hospitality,
- hiring employees,
- keeping accurate accounts,
- filing tax claims or just carrying out their daily business

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 1. Introduction to Corruption

Corruption is a global phenomenon which affects businesses applying for:

- getting goods or people across borders,
- starting up operations abroad,
- import-export
…………….

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 1. Introduction to Corruption
Some definition
•Corruption as "the abuse of public office for private gains." (The World Bank
and the International Monetary Fund)
•Corruption is the misuse of entrusted power for private gain (Transparency
International)
•Corruption is the behavior of people with positions and powers taking
advantage of those positions and powers for personal gain.(Anti-Corruption
Law of Vietnam 2018)

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 1. Introduction to Corruption
Characteristics
•The behavior of people with positions and powers.
•Take advantage of their positions and powers to violate the law for personal
gain.
•The motive of people committing corrupt acts is for personal gain
It is considered a corrupt act if all three elements are present. If one of those
elements is missing, although it is not corruption, it may be another illegal act
(for example, an intentional act., wrongdoing, abuse of trust and appropriation
of property).

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 1. Introduction to Corruption
Cost of corruption
•Political aspect: constitutes a major obstacle to obey the law.
•Economic aspect: can leads to the depletion of national wealth, hinders the
development of fair market structures and distorts competition, thereby
deterring investment.
•Legal aspect: Harm the social benefit, for example the lack of, or non-
enforcement of, environmental regulations and legislation allows pollution,
over-exploitation of natural resources, and other environmental damage which
ravage natural environments.

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 1. Introduction to Corruption
Cost of corruption
•The effect of corruption on the social fabric of society is the most damaging
of all. It undermines people's trust in the political system, in its institutions and
its leadership. Frustration and general apathy among a disillusioned public
result in a weak civil society. That in turn clears the way for despots as well as
democratically elected yet unscrupulous leaders to turn national assets into
personal wealth. Demanding and paying bribes become the norm. Those
unwilling to comply often emigrate, leaving the country drained of its most
able and most honest citizens.

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 1. Introduction to Corruption
Anti-Corruption law and legislation
•Whenever a public office is abused, a public function or objective is set aside
and compromised
=> Corruption is illegal in many countries in the world
=> Anti-Corruption or Anti-Bribery law and/or legislation were issued

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 2. Introduction to the source of Anti-Corruption law

- International Conventions
- National laws/regulations: Anti-Corruption laws can vary considerably
from jurisdiction to jurisdiction and the grey area between acceptable
corporate behaviour and corruption can be very murky.

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 2.1. International Convention
The United Nations Convention against Corruption
•The only legally binding universal anti-corruption
instrument.
•Unique tool for developing a comprehensive response to
a global problem.
•Five main areas: preventive measures, criminalization
and law enforcement, international cooperation, asset
recovery, and technical assistance and information
exchange.
•Covers many different forms of corruption, such as
bribery, trading in influence, abuse of functions, and
various acts of corruption in the private sector
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 2.2. National law/regulations

• Vietnam
- Anti-Corruption Law (2018)(*)
- Criminal Law (2015, 2017)
- Implementing regulations (Decrees, Circulars…)

(*) Called “the Law”

Be issued on November 20, 2018, taking effect on July 1, the 2019, “the Law”
prescribes the prevention and detection of corruption; handling of corruption and
acts of violation of the anti-corruption law.
“The Law” aims to handle persons committing acts of corruption as well as agencies,
organizations and individuals performing other acts violating “the Law”.
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 3. Act of Corruption in Vietnam law

• In the state sector: 12 acts of corruption (Article 2.1 of “the Law”)

• In the private sector: (Article 2.2 of “the Law”)
 embezzling assets
 taking bribes,
 giving bribes or brokering bribery for settlement of affairs of enterprises or
organizations for personal gain.

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 4. Anti-Corruption work in the private sector
 Corruption in business activities such as bribery, embezzlement, property
embezzlement, insider trading, accounting fraud, tax evasion, money
laundering, forgery of documents.
 Corrupt acts of enterprises colluding with enterprises to cause damage to a
third party (be it the public sector or the private sector), typically in
bidding, auction, and price manipulation activities. securities, taking
advantage of inside information or insider trading... to defraud investors
 Corrupt behavior that causes damage to the business itself. This behavior is
quite common in the process of purchasing materials and goods, renting
and leasing facilities, recruiting and appointing personnel, abusing
allowances; cooperation, capital contribution, loans to partners....
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 4. Anti-Corruption work in the private sector
As a business or organizations
•Take corruption prevention measures;
•Promptly detect, notify, and coordinate with competent state agencies in,
deterring and handling corruption occurring in enterprises and organizations in
accordance with law as well as their charters and operation regulations.
•Promptly provide information about acts of corruption committed by persons
with positions and powers and coordinate with competent state agencies in
deterring and handling corruption.
Article 4 of “the Law”

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 4. Anti-Corruption work in the private sector
As a citizen
•Have the right to detect, reflect, denounce and report on acts of corruption
•Be protected and rewarded in accordance with law;
•Have the right to propose to state agencies to complete the law on corruption
prevention and fighting and supervise the implementation of the law on
corruption prevention and fighting;
•Be obliged to cooperate with and assist competent agencies, organizations
and individuals in preventing and fighting corruption.
Article 5 of “the Law”

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 Reference

1. Tài liệu giảng dạy về phòng, chống tham nhũng dùng cho các trường Đại
học, Cao đẳng không chuyên về luật, Bộ Giáo Dục Đào tạo, 2014
2. Luật phòng, chống tham nhũng (2019)
3. Phòng, chống tham nhũng, tiêu cực trong lĩnh vực tư, Báo Nhân dân, 2023
4. An international Guide to Anti- Corruption Legislation, Clifford Chance
2019

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 Thank you for your attention

Questions & Answers

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