Since the establishment of the Central Steering Committee on Anti-corruption(1) up to now (as of May 2020), especially after more than 4 years of implementing the Resolution of the 12th Congress of the Party, the struggle against corruption is led, directed and implemented aggressively, drastically, persistently, synchronously, comprehensively, methodically and in-depth; promoting synergy, combining prevention with detection and handling, anti-corruption with the construction and rectification of the Party and the political system, internally and externally, domestically and internationally; synchronously implementing political, ideological, organizational, administrative, economic and criminal measures.
Party General Secretary and State President Nguyen Phu Trong attended and chaired the Standing Meeting of the Central Steering Committee on Anti-corruption to discuss and give opinions on a number of cases and matters under the Steering Committee’s monitoring and direction, on May 26, 2020 _ Photo: VNA
In recent years, the anti-corruption work (ACW) has made great strides, achieving many important, comprehensive, and clear results, leaving a good impression, creating positive and strong diffuse effects in the whole society, obtaining the agreement, response, and appreciation of the cadres, party members and people receiving the recognition from international organizations, as comrade General Secretary and President Nguyen Phu Trong affirmed, “the prevention of and fight against corruption, wastefulness, and negativity has become a movement and an irresistible trend”(2). Corruption is gradually being curbed, prevented, repelled and tended to decrease(3), significantly contributing to maintaining political stability, socio-economic development, and strengthening the confidence of cadres, party members and people towards the Party, State and regime. That result is based on the following 5 issues:
Firstly, to focus on directing the detection of and fight against corruption, combining administrative handling, discipline by the Party, the State, and unions with criminal handling; Party discipline is carried out first, paving the way, facilitating the discipline of the State, unions and criminal handling, under the motto of “no restricted zones, no exceptions”.
The inspection and supervision of the Party and the audit of the State have been strengthened, detecting and strictly handling the violations, tightening discipline and rules, effectively contributing to improving ACW’s efficiency. Since the beginning of the 12th Party Congress, the party committees and inspection committees at all levels have disciplined more than 2,370 officials and party members due to corruption and deliberate wrongdoing; The Central Committee, the Politburo, the Secretariat, the Central Inspection Committee, and the competent committees have disciplined more than 90 officials under the central management(4). This is a breakthrough in the inspection and discipline of the Party, tightening discipline and rules in the Party and the state system. The inspection and audit agencies have strengthened the inspection and audit of sectors with many negative manifestations, corruption, and projects causing large and prolonged losses which attract the public concerns to strictly detect and seriously handle violations. From 2016 until now, thorough inspection and audit, nearly 455 trillion dong and more than 8,100 hectares of land have been petitioned to be recovered; nearly 8,000 collectives and individuals have been proposed to be handled accountability; 409 violation cases have been transferred to investigation agency.
The investigation, prosecution and adjudication work have been drastically directed, accelerated, promptly detected and strictly handled many cases of particularly serious, complicated and redundant economic corruption attracting public concern, with strict but also very humane punishments, creating a breakthrough in anti-corruption work. Since the establishment of the Central Steering Committee for Anti-Corruption, legal proceedings throughout the country have sued and investigated 12,178 cases/20,668 defendants, prosecuted 10,397 cases/20,354 defendants, and tried 918 cases / 19,026 defendants on corruption, economic management order violations and other crimes in terms of position(5). The Steering Committee has brought 120 cases, 95 matters of serious and complicated economic corruption, attracting the public opinion’s attention under monitoring and directing (in particular, Steering Committee 110 was established under the Decision No.110-QD/TW, dated January 24, 2018, of the Secretariat to monitor and direct the handling of 10 cases/68 suspects related to Phan Van Anh Vu and Dinh Ngoc He); tried 76 cases/775 defendants, sentenced 11 defendants (10 people) to death and 23 defendants (22 people) to life imprisonment, 12 defendants to 30 years in prison, 23 defendants from 20 years to less than 30 years in prison, 658 defendants from 12 months to less than 20 years in prison(6). The Central Committee, the Politburo, the Secretariat, the Central Steering Committee on Anti-corruption have led and decisively directed, strictly, rationally but also sympathetically handled a number of senior officials, both incumbent and retired, with violations related to corruption, particularly serious economic, complicated cases, which attract public interest(7). From the beginning of the 12th Party Congress, procedure agencies at all levels have investigated 7,270 cases/12,303 defendants, prosecuted 5,976 cases/11,613 defendants, tried at first instance 5,641 cases/10,970 defendants for corruption, economic management order violations and other crimes in terms of position(8), thereby, the situation “hot above, cold below” is gradually being remedied(9); the recovery of assets appropriated and lost in corruption and economic cases has many positive changes(10). A number of particularly serious cases, which have long been considered “restricted and sensitive zones”, and many matters lasted from the previous years have been directed to be handled completely and strictly, effectively alerting, deterring and preventing corruption. This is a bright spot in the fight against corruption, demonstrating the determination of the Party and the State as well as the performance of the Central Steering Committee on Anti-corruption and the authorities in the recent anti-corruption struggle, which is agreed, supported and highly appreciated by the people.
Since the 11th Central Conference (October 2019) up to now (as of May 2020), among the cases and matters under the monitoring and direction of Central Steering Committee on Anti-corruption, have been concluded the investigation of 13 cases/79 defendants, prosecuted 15 cases/105 defendants, tried at first instance 19 cases/106 defendants, especially: 1- For the first time, two officials - former members of the Party Central Committee and former ministers - were brought to a public trial on charges of accepting bribes and leaders of non-state enterprises on charges of giving bribes in the case MobiFone bought 95% of AVG’s shares (Global Audiovisual Joint Stock Company); 2- Tried 2 former president and 2 former vice presidents of the provincial People's Committees committing crimes related to violations in the management and use of state property and land in the Phan Van Anh Vu case; 1 former deputy minister commits a crime intentionally violating the State's regulations on economic management, causing serious consequences and 1 former deputy minister due to irresponsible behavior causing serious consequences in the Dinh Ngoc He case;... 3 - The Central Committee, the Politburo, the Secretariat, the Central Inspection Committee have disciplined 2 party organizations(11), 12 officials under the central management(12); 4 - Local procedural agencies have prosecuted 268 cases/475 defendants; charged 105 cases/163 defendants; tried 127 cases/268 defendants on corruption offenses(13).
Secondly, in parallel with focusing on directing the work of detecting and dealing with corruption, the construction and improvement of institutions on socio-economic management and anti-corruption have been strengthened, step by step perfecting the prevention mechanism to “eradicate corruption”(14).
Many regulations of the Party and State laws on building and regulating the Party, socio-economic management and anti-corruption were issued and implemented drastically, coming to life, both having educational and preventing effects, and serving as a basis for detecting and handling violations and corruption.
Thirdly, the staff work and administrative reform have been implemented publicly and transparently; accountability in the operations of agencies, organizations and units as well as anti-corruption solutions are specially concerned, focusing on leadership, direction and achieving positive results.
The Party’s Central Committee, the Politburo and the Secretariat have made many innovations, consistently and clearly, directing and solving many previous problems in the staff work; “Not illegal lobbying for position and power” has become a strong statement with many regulations issued synchronously and feasible (15). Controlling assets and income; non-cash payments; promoting administrative reform, enhancing publicity, transparency, accountability, improving investment and business environment, enhancing national competitiveness... have significantly contributed to economic growth and prevention of negativity and corruption (16). Party committees, authorities, commissioners at all levels have concerned themselves in receiving, dialogue, and resolving reflections, petitions, complaints, denunciations, problems and frustrations of people and businesses.
Fourthly, the activities of information, advocacy and education on anti-corruption has been renewed and strengthened; the role of the Fatherland Front, the people and the press in anti-corruption has been better promoted.
Promoting the activities of information, advocacy, education, raising awareness and responsibility of officials, party members, civil servants, public employees and people in anti-corruption, creating unity and determination in action and positive social impacts. Publicizing the results of examination, inspection, audit, and settlement of corruption cases and economic matters; proactively providing information on sensitive issues of public interests and concerns, helping to orient the public opinion, demonstrating the openness and transparency of the Party and State in dealing with corruption. The news agencies and press associations have actively accompanied the Party, State and the authorities in anti-corruption, fighting against the wrongful and distorted arguments of hostile forces on anti-corruption work. Local authorities, the Vietnam Fatherland Front at all levels and its member organizations should strengthen supervision of anti-corruption work.
Fifthly, focusing on strengthening the organization, improving the quality, efficiency of operations and coordination among agencies and authorities to prevent corruption; promoting international cooperation on anti-corruption, step by step expanding anti-corruption activities to non-state sectors.
The inspection agencies and internal affairs of the Party, the inspection, auditing, police and judicial agencies in the army, procuracies and courts have been increasingly active and effective; the specialized anti-corruption units continue to strengthen their organizational system, improving the efficiency of detecting and handling corruption cases and matters. The coordination among agencies and authorities to prevent corruption is getting closer and more effective. The Criminal Code 2015 (amended and supplemented in 2017) has added 4 charges of corruption against the non-state sector (embezzlement, accepting bribes, giving bribes and committing bribery); The Anti-Corruption Law 2018 has a separate chapter on anti-corruption activities in the non-state sector.
The main causes of the results achieved are: 1- The high political determination of the Party and State in the fight against anti-corruption; 2- The close, drastic and aggressive leadership and direction with many correct and timely decisions of the Central Committee, the Politburo, the Secretariat, the Central Steering Committee on anti-corruption, the National Assembly and the Government; especially the exemplary, criticism, coupled with the actions of the General Secretary, the President, the Head of the Central Steering Committee on Anti-corruption and key leaders; 3- The efforts and endeavours of the advisory agencies, the party committees, the party organizations, ministries, branches and localities, especially the very high efforts of the agencies, units with anti-corruption functions and agencies conducting the proceedings at central and local levels; 4- The active participation of the Fatherland Front and socio-political organizations, the consensus, support and encouragement of the people, the active initiative in the press, creating synthesized strength in anti-corruption work.
Some lessons learned
From the practice of anti-corruption in recent years, some lessons can be drawn as follows:
1- The political determination of the Party and State on anti-corruption must be turned into actual actions of the cadres, party members, civil servants, public employees and people; first of all, the exemplary, drastic words that go hand in hand with the work of the comrade leaders of the Party, the State, the heads of the party committees, the party organizations, the authorities, agencies, organizations and units in their ACW; associated ACW with promoting the work of building and regulating the Party, studying and following Ho Chi Minh's ideology, morality and style.
2- The active prevention must be closely combined with proactive detection and resolutely, strictly and promptly handling those who commit, cover up, tolerate or support corruption, who interfere and prevent anti-corruption work in accordance with the provisions of the Party and the laws of the Nation, under the motto of “no restricted zones, no exceptions”. In the current situation, prevention plays a fundamental and long-term role, while detection and handling are important and urgent.
3- The institutional system of socio-economic management and anti-corruption must be built and perfected in a synchronous, consistent, feasible manner and must be organized and implemented seriously and effectively; Attaching importance to examining, monitoring and controlling the enforcement of power by persons with positions and powers to abolish the State’s prerogative, privilege and monopoly control.
4- The roles and responsibilities of the elected bodies and deputies, the Fatherland Front, the socio-political organizations, the people, the media and press agencies, the enterprises, and entrepreneurs in anti-corruption must be fully promoted. Proactively publicizing and promptly providing information and orientation on the results of detecting and handling corruption for the press and people to monitor and supervise. Listening to the people and public opinion instead of following public opinion to selectively acquire the right. This is one of the important factors creating a high social consensus for anti-corruption work in recent years.
5- Ensuring the unified, strict, drastic, firm, appropriate, "right role, mastery work" direction of the Central Steering Committee on anti-corruption; the consensus, the close, timely and effective coordination between Party agencies and State agencies in general, focusing on promoting the core role and coordination among the supervision agencies and internal affairs of the Party with the inspection, audit, investigation, prosecution, adjudication and judgment agencies in particular. Ensuring the integrity of the contingent of cadres and civil servants in anti-corruption agencies and authorities.
6-The anti-corruption solutions must be suitable to the socialist-oriented market economy as well as the cultural traditions of Vietnam. In each different time, it is necessary to identify key tasks and breakthrough solutions suitable to the situation of the country or locality in order to focus on effective leadership and direction of implementation. Strengthening and expanding international cooperation on anti-corruption work.
Some issues are drawn from the direction of handling corruption and economic cases over the past time
Firstly, several serious corruption cases and complicated economic matters detected and handled in recent years have mainly occurred in previous terms(17). The main context and causes of that situation are: 1- Our country is in the process of extensive development and international integration, requiring rapid growth. However, limited initial perception of the market economy, the socialist-oriented market economy and the inclusive and sustainable development in a part of cadres and civil servants along with incomplete mechanisms and policies have created gaps between development requirements and legal frameworks, management and administration capacities, leading to "breaking-down-barriers" phenomenon; 2- In the process of transforming the management mechanism, there is a lack of binding legal framework, insufficient attention to the inspection, supervision, management and assessment; confusing between self-motivation, creativity and carelessness, running risks for self-seeking, for group benefits; lack of inspection, timely and resolute warning by superior authorities, leading to arbitrary, abuse of power, wrongdoings and corruption; 3- The influence of "term-thinking" and haste to develop, leading to permissiveness, relaxation of discipline and rules in leadership, direction and socio-economic management; 4-Controlling power of persons with positions and authority is not effective; self-examination and detection of corruption internally is still a weak stage; 5- The sense of cultivating, training and preserving moral qualities and exemplary roles of the heads of party committees, party organizations, agencies and authorities still has limitations, which at some places and sometimes have been underestimated; A part of cadres and civil servants have deteriorated in moral qualities, qualifications and capacities that have not yet met the requirements.
Secondly, the consideration and handling of wrongdoings in cases and matters occurring in recent years must be considered very justified, with comprehensive, historical - specific and developmental perspectives; carefully analyzing the specific historical context of the actual situation and legal provisions at the time of the violation; carefully considering the motivations, purposes, consequences, damages and causes of wrongdoings to evaluate objectively and comprehensively in the synthesis of relationships. Subsequently, determining the true nature of the cases, whether the violation is administrative, civil or criminal so as to decide to handle it appropriately, "reasonable and sensible", "strict and clear but also humane", "prosecuting a case, alerting the whole region"; strictly punishing those who commit wrongdoings for self-interest and personal motives; at the same time, protecting and encouraging those who are enterprising, who dare to break out, innovate and create for a common cause according to the conclusion of comrade General Secretary Nguyen Phu Trong, Head of the Central Steering Committee on Anti-corruption(18). The Standing Office of the Central Steering Committee on Anti-corruption has deeply grasped the instructions of the Secretary-General and the President in directing the handling of recent cases and matters(19); The Central Organization Commission is urgently building and advising the Politburo on mechanisms to encourage and protect the officials who are dynamic, innovative, creative, enterprising, and have a sense of responsibility for the common good.
Thirdly, the corruption cases and economic matters that happened in recent years are very complicated and especially serious, causing enormous damage(20); offenses with intertwining and cohesion between violations of economic management order or position and violations of corruption(21); offenders are persons with positions and powers, including high-ranking officials, including officials in anti-corruption forces, with knowledge and experience, using all tricks to cope, evade and conceal wrongdoings, destroying evidence, dispersing property due to crimes ..., causing difficulties for procedure-conducting agencies in investigation and handling; but also many subjects being not aware of criminal acts. Most of them are cadres, civil servants, dependent workers under the leadership and direction of the offenders who are heads of agencies or organizations, bound by administrative mechanisms and orders.
Therefore, the process of directing and handling must thoroughly grasp the principle of “no restricted zones, no exceptions”, “what is clear must be handled”; properly considering and evaluating the nature, roles, characteristics and extent of the subjects’ violations, in accordance with the operating principles of state administrative agencies and organizations in the relations between the principal and the coordinating entities (one task is assigned to only one agency, organization, and one person to preside over the main responsibility), between the head and the staff, between the decision-making authority and the counselor, assistant and executor; thereby, clearly identifying their liability is whether criminal or administrative to personalize responsibilities accordingly(22), with the spirit of “rehabilitating a wrongdoer”, avoiding widespread criminal handling; At the same time, attention must be paid to recover lost, appropriated assets and lenient to those who show repentance and desire to redeem their faults.
Fourthly, from the strict handling of many wrongful officials and party members, there are concerns that such strict handling will reduce innovation, creativity, and “falter” those who are enterprising and have a sense of responsibility, “slowing” the general development; some cadres and civil servants, some leading and managerial officials showed lack of determination and bravery, dodged and laid the blame on each other, afraid of being wrong, leading to stagnation. In fact, the work of anti-corruption and the regulation of the Party in recent years has not “slowed down” the development, but has contributed to promoting socio-economic development(23); consolidating confidence, creating consensus and excitement among the people; making cadres and civil servants more cautious in handling work. Promoting anti-corruption work and reorganizing the Party only “falters” those whose motives are not pure and do not fully grasp the Party's undertakings and policies and the State’s policies and laws, who lack bravery. Therefore, it is necessary to thoroughly grasp and strictly comply with the direction of the General Secretary, the President, and Head of the Central Steering Committee on anti-corruption to reorganize and fight this worrying thought among officials, Party members, especially leaders and managers at all levels; there must be a “dose of vaccine” against the “stagnant virus” immediately as directed by the Prime Minister. Absolutely not to be subjective, satisfying, hesitant, passive, but to promote drastically, regularly, continuously, with higher determination, strength, and effectiveness in anti-corruption work and reorganizing the Party. Both resolutely directing the strict handling of cases and matters that have occurred, while promoting the prevention of corruption, enhancing vigilance and promptly handling acts of taking advantage of anti-corruption to cause disturbances and defamation, causing internal solidarity, defeating the party congress at all levels.
Fifthly, through handling corruption and economic cases and matters, attention should be paid to detecting loopholes and shortcomings in order to urgently amend, supplement, complete and organize the serious and effective implementation of the institutional system on socio-economic management, Party building and anti-corruption work.
A number of issues need to be addressed in the upcoming anti-corruption work
Although many very important results have been achieved, corruption in some areas is still serious, complicated, causing frustration in society (24), remaining one of the threats to the survival of the Party and our system.
1-Corruption takes place internally, by persons with positions and powers. Anti-corruption is a struggle within each person, in each agency, organization, unit, or locality; related to the interests, money, position, reputation and prestige of organizations and individuals; therefore, it is a very difficult, complex, long-term struggle that is always used by hostile forces and bad actors to destroy and cause political instability. Thus:
- Having to be determined in detecting and handling corruption; moderately persistent in education, management and prevention of corruption; at the same time, protecting and promoting the positive factors in the fight against corruption, building a culture of saving and not embezzling, first of all among cadres, party members, civil servants and public employees.
- Both bringing into play the role of the people, social organizations, the media and the press in fighting against corruption; and also be vigilant and fight with the schemes and activities of hostile forces, bad elements that take advantage of the fight against corruption to defame and sabotage our Party, State and system.
2- Anti-corruption is an important and regular task; It must be carried out at all levels, branches and fields, implementing synchronous measures; with focus and target, no restricted zones, no exceptions.
The head must be exemplary, drastic and responsible for weaknesses and wrongdoings of corruption in his organization, agency, authority or locality; not only resolutely handle acts of avoiding, tolerating and covering up corruption; but also properly evaluate and protect agencies, organizations, authorities and leaders who actively and initiatively detect, prevent and handle corruption.
3-Corruption is an “innate disability of power”, so the person assigned to positions and powers must constantly cultivate, train, and regularly self-examine and self-correct; At the same time, it is necessary to effectively strengthen supervision and control of the exercise of power by persons with positions and powers; All powers must be tightly controlled by a mechanism and bound by responsibility; “with great power comes great responsibility”, abuse of power must be prosecuted for accountability and handled for violations. Therefore, it is necessary to be open and transparent in the operations of agencies, organizations and units, effectively control assets, income and improve the accountability of persons with positions and powers; building and perfecting the institutional system of the Party and State in order to “can not”, “dare not” and “do not need to corrupt".
4-Focusing on improving the quality and capacity of the officials engaged in anti-corruption work; especially the contingent of inspection officials, internal party politics, inspectors, auditors, investigators, procurators, courts, judgment executors who are directly involved in detecting, investigating and handling corruption cases and matters. Controlling of power and practicing of integrity must firstly be carried out effectively in these forces, to "fight corruption within anti-corruption agencies", as Secretary-General Nguyen Phu Trong has directed(25).
5-Focusing on leadership, urgently directing the institutionalization of anti-corruption objectives, views, tasks, and solutions set out in the Party's resolutions, conclusions and directives to organize the strict implementation. Overcoming the situation where the resolutions are correct, the regulations of the Party and the laws of the State are not lacking but not strictly implemented or ineffective.
6-Directing to speed up the progress and expeditiously clarify related cadres and party members involved in corruption cases and matters in order to serve the personnel work of the Party Congress at all levels.
Comrade Secretary General Nguyen Phu Trong requested: “To focus on doing, acting, implementing, not just by words, on paper or general exhortations, but by taking specific, practical, effective, visible actions in reality”(26); “The central government has been doing drastic action, and the locality must also be the same. The Party's direction and legal documents are not lacking, but the most important thing today is self-awareness, high unity of will and action. The party committees, party organizations, ministries, sectors, localities, heads of the party committees and the government must join together with a higher and more drastic determination”(27)./.
PHAN DINH TRAC, Secretary of Party Central Committee, Head of Party Central Committee’s Commission for Internal Affairs, Deputy Head of the Central Steering Committee on Anti-corruption
(1) The Steering Committee was established on 1-2-2013 under Decision No. 162-QD / TW of the Politburo
(2) In 2019, compared to the first year of the 12th Party Congress (in2016), the rate of assessment of the “prevention and combat of corruption, wastefulness, group benefits” has achieved encouraging results, increasing from 29% to 48%; in 2020, the rate of anti-corruption is predicted to have a positive change, reaching 75% (in 2018, the forecast for 2019 was 66%; in 2017, the forecast for 2018 was 52%; in 2016, forecast for 2017 was 45% - according to Report No. 23-BCĐT / DLXH, dated 16-4-2020, of the Institute of Social Opinion, Central Propaganda Department). According to Transparency International, Vietnam's Corruption Perceptions Index (CPI) in 2015 reached 31/100 points, ranking 112/168 on the global rankings; in 2016, reaching 33/100 points, ranking 113/176 on the global rankings; in 2019, reaching 37/100 points, ranking 96/180 on the global rankings.
(3) According to the Vietnam Provincial Governance and Public Administration Performance Index 2019 (PAPI 2019), the perceptions of change in corruption at different levels of government are as follows: at the national level, the level of corruption was reduced to 54.22% (in 2018, reaching a rate of 49.32%); At the provincial / city level, the level of corruption decreased, reaching 59.71% (it was 55.68% in 2018); At the commune/ ward level, the level of corruption reduced, reaching 65.42% (in 2018, the rate was 59.78%).
(4) Among them, there are 23 members of the Party’s Central Committee and former members of the Party Central Committee (including 2 members of Politburo, 1 former member of Politburo), 22 general-level officers in the armed forces.
(5) In particular, corruption crimes: investigated 1,753 cases/3,800 defendants, prosecuted 1,796 cases/4,113 defendants, tried at first instance 1,691 cases/3,841 defendants; other crimes in terms of position: investigated 226 cases/712 defendants, prosecuted 204 cases/721 defendants, tried atfirst-instance 185 cases/704 defendants; economic crime: investigated 10,199 cases/16,174 defendants, prosecuted 8,397 cases /15,517 defendants, tried at first instance 8,042 cases/14,481 defendants.
(6) Since the beginning of the 12th Party Congress: monitored and directed the handling of 114 cases, 92 cases of corruption, serious and complicated economic matters which attracted public concern. To date, investigated, prosecuted and tried at first instance 62 cases/598 defendants, sentencing 3 accused to death, 12 defendants (11 people) life imprisonment, 8 defendants 30 years imprisonment, 19 defendants from 20 years to under 30 years imprisonment, 510 defendants from 12 months to less than 20 years imprisonment, including imprisonment for suspended sentence of 120 defendants, non-detention resounding 16 defendants, fined 29 defendants, exempt from criminal liability 1 defendant; appellate trial of 48 cases/459 defendants, sentenced 5 to death, 12 defendants life imprisonment, 14 defendants sentenced 30 years in prison, 16 defendants sentenced from 20 years to less than 30 years in prison, 377 defendants sentenced from 20 months to less than 20 years in prison... Among them, there are 14 officials under the central management (5 are former members of Party Central Committee, including 1 former member of Politburo); many high-ranking officers in the armed forces (3 former deputy ministers, 6 general-level officers, 11 colonel-level officers).
Particularly, Steering Committee 110 monitored and directed the handling of 10 cases/68 suspects related to Phan Van Anh Vu and Dinh Ngoc He (of which, there are 7 cases/39 defendants related to Phan Van Anh Vu; 3 cases / 29 defendants related to Dinh Ngoc He). To date, 8 cases/50 defendants have been tried at first instance, 2 defendants sentenced to 30 years in prison, 46 defendants from 18 months to less than 20 years in prison (of which, imprisonment for suspended sentence of 2 defendants), non-custodial reforming 1 defendant, exempting 1 defendant from criminal liability; appellate trial 4 cases/15 defendants, sentenced 1 defendant to 30 years in prison, 13 defendants from 18 months to less than 12 years in prison, non-custodial reform 1 defendant.
(7) There are 15 officers under the central management subject to criminal penalties (6 former members of Central Party, including 1 former member of Politburo, 6 general-level officers), 11 colonel-level officers.
(8) In which, corruption offenses: investigated 970cases/2,137 defendants, prosecuted 939 cases/2,209 defendants, tried at first instance 892 cases/2,118 defendants; other crimes on position: investigated 126 cases/471 defendants, prosecuted 106 cases/424 defendants, tried at first instance 101 cases/441 defendants; economic crime: investigated 6,174 cases/9,695 defendants, prosecuted 4,868 cases/9,010 defendants, tried at first-instance 4,648 cases / 8,411 defendants
(9) Many localities have directed the detection and strict handling of many corruption and economic cases, strictly handling officials belonging to the provincial Party Committee and the city Party Committee, such as Hanoi, Ho Chi Minh City, Nam Dinh, Thanh Hoa, Quang Ninh, Bac Giang, Bac Ninh, Phu Tho, Thanh Hoa, Binh Duong, Dak Lak, Dak Nong, An Giang,...
(10) Especially in the cases under the Central Steering Committee on anti-corruption’s monitoring and direction, assets worth over 50,000 billion VND have been seized, sequestered, distrained, blocked, prevented transactions. During the judgment execution period, property recovery work has also changed; the amount recovered in the 2016-2018 period was 10,255 billion VND, nearly twice as much as in the period 2013 – 2015.
(11) Ho Chi Minh City Standing Party Committee; Party Civil Affairs Committee of the Khanh Hoa People’s Committee.
(12) Among them, there are 6 members of Party Central Committee, former member of Party Central Committee (including 1 member of Politburo, 1 former member of Politburo, 1 former member of Deputy Prime Minister); 3 Deputy Ministers and Former Deputy Ministers, 5 Deputy Secretaries, Chairmen of People's Councils, Chairmen of People's Committees of provinces and cities directly under the central authority
(13) Many localities such as Hanoi, Ho Chi Minh City, Thanh Hoa, Bac Ninh, Nam Dinh, Son La, Hoa Binh,... have investigated, prosecuted, tried a number of corruption and economic cases.
(14) Since the beginning of the term, the Central Committee, the Politburo, the Secretariat have issued nearly 80 documents aimed at strengthening the Party building, the political system and the ACW. The National Assembly, the Standing Committee of the National Assembly promulgated 62 laws, 1 ordinance, and 66 resolutions; The Government and the Prime Minister issued 611 decrees, 532 resolutions and 197 decisions to improve the effectiveness and efficiency of state management in all fields of social life.
(15) Conclusion No. 12-KL/TW, dated March23, 2017, of the Politburo, on “Amending and supplementing a number of regulations on officials work”; Conclusion Notice No. 36-TB/TW, dated July 19, 2017, of the Politburo, “On personnel rotation work"; Regulation No. 89-QD/TW, dated August 4, 2017, of the Politburo, on "Framework for title criteria, orientation of criteria for evaluating leaders and managers at all levels”; Regulation No. 90-QD/TW, dated August 4, 2017, of the Politburo, on “Criteria for titles, criteria for evaluating cadres belonging to the Party Central Committee, Politburo, and the Secretariat"; Regulation No. 98-QD/TW, dated October 7, 2017, of the Politburo, "On personnel rotation"; Conclusion No. 24-KL/TW, dated December 15, 2017, of the Politburo, “In principle of transferring, assigning, and arranging work for officials rotated by the Central”; Regulation No.105 QD/TW, dated December 19, 2017, of the Politburo, "On hierarchy of management, appointment of cadres, nomination of candidates for public offices"; Regulation No. 179-QD/TW, dated February 25, 2019, of the Politburo, "On the regime of inspection and supervision of cadres work"; Conclusion Notice No. 48-KL/TW, dated April 26, 2016, of the Secretariat, "On the results of self-inspection and review of cadres work performance"; Directive No. 35-CT/TW, dated 30-5-2019, of the Politburo, "On the Party Congress at all levels to the 13th National Congress of the Party"; Regulation No. 205-QD/TW, dated September 23, 2016, of the Politburo, "On the control of power in personnel work and prevent illegal lobbying for position and power”; Regulation No. 214-QD/TW, dated February 2, 2020, of the Politburo, on “Criteria for evaluation of cadres under the Central Committee, Politburo, Secretariat of Management"; Conclusion Notice No. 71-KL/TW, dated March 24, 2020, of the Secretariat, “On handling violations in the recruitment of cadres, civil servants and public employees according to Conclusion Notice 43-TB/TW dated December 28, 2017 of the Politburo "...
(16) According to the World Bank's assessment, Vietnam's business environment in 2017 increased by 14 places compared to 2016 (ranked 68/190 economies in the world); in 2019 ranked 69/190 economies worldwide. According to the PCI (Provincial Competitiveness Index) in 2019, 81.3% of enterprises found that "state cadres handle their jobs effectively" (only 67.4% in 2015 and 74.1% in 2018); 72.6% of enterprises said “the time for implementing administrative procedures is shorter than in the regulations” (67% in 2017, 68.9% in 2018) ... According to PAPI results in 2019, 87% of users were satisfied with authentication, certification and administrative services at commune and ward levels,...
(17) Such as the case of Duong Chi Dung, the case of Vu Quoc Hao, the case of Huynh Thi Huyen Nhu, the case of Pham Cong Danh, the case of Ha Van Tham, the case of Giang Kim Dat, the case of Dinh La Thang, the case of Trinh Xuan Thanh, the case of Phan Van Anh Vu, the gambling and gambling organization case that happened in Phu Tho and some localities, the AVG case, the Dinh Ngoc He case...
(18) “In addition to strictly handling violations, we also need a mechanism to protect and encourage cadres, party members, and leaders who are enterprising and have a sense of responsibility, mission, who are brave to take the lead in innovation for the development of the country; the assessment and recognition of wrongdoings must also be put in specific historical conditions and circumstances to have an objective and appropriate handling point of view ”(Remarks of comrade General Secretary Nguyen Phu Trong, Head of the Steering Committee at the National Conference on Anti-Corruption 2018).
(19) As the cases occurred in: Vietnam Oil and Gas Group (PVN), Vietnam Maritine Corporation (Vinalines), Ocean Bank, Vietnam Construction Bank, Dong A Bank, Great Trust Bank, Bank for Investment and Development of Vietnam (BIDV)...
(20) In the case of AVG, the amount is over 8,770 billion VND; Phan Van Anh Vu cases: about 20,000 billion VND; the case of Great Trust Bank: over 10,000 billion VND; the case of Vietnam Construction Bank: over 9,000 billion VND...
(21) The prosecuting percentage of economic and corruption cases from 2011 to 2016 is 19.2% (1,667 / 8,688 cases); from 2016 to 2019 is 23.5% (1,267/ 5,380 cases). Out of a total of 119 economic and corruption cases under the Central Steering Committee for anti-corruption, there are 34 cases of corruption (28.57%); Many cases were expanded to investigate, such as: 1- The case happened at the Saigon Agricultural Corporation, initially prosecuted on the crime of "Violation of the regulations on the management and use of state property, causing losses and waste"; after expanding the investigation, the investigation agency has added a decision to prosecute the case of "embezzlement of property", prosecuting 7 defendants for "embezzlement"; 2- Expanding the investigation of phase II of the gambling and gambling organization case in Phu Tho and some localities, the investigation agency has further prosecuted the case of “Abuse of positions and entrusted powers while on duty", prosecute the accused against the Chief Inspector of the Ministry of Information and Communications; 3- The case of Mobifone buying 95% of AVG shares, initially prosecuting the case on the crime of "Violation of regulations on the management and use of investment capital, causing serious consequences"; during the extensive investigation process, additionally prosecuted the cases of "Bribery" and "Bribing", additionally prosecuted 4 defendants on charges of "Bribing", prosecuted 1 accused for crime "Give bribes"; 4- The case of Phan Van Anh Vu and his accomplices; and the case of Dinh Ngoc He and his accomplices, to date, have investigated and handled 11 cases and 11 related matters, including many cases and accused are brought to trial on corruption crimes.
(22) Among the offenses, the accused or defendants are leaders, persons with positions and authority to decide and their advisers, assistants and executors, between heads and salaried employees; between the instigators, the leaders, the activists and accomplice; between the crooked person denying their guilt and the person who show repentance and desire to redeem their faults...
(23) In 2017, completing and exceeding 12/13 socio-economic targets, GDP growth reached 6.81%; in 2018, completing and exceeding 13/13 socio-economic targets, GDP growth reached 7.08%, which is the highest level within a decade; in 2019, December 12, the socio-economic target reached and exceeded the target, GDP grew by 7.02%, which is the second consecutive year that GDP growth exceeded 7% since 2011;...
(24) According to report No. 16-BCĐT / DLXH, dated August 6, 2019, of the Institute of Social Opinion, Central Propaganda Department, 80% of respondents said that corruption ranks first among the problems that people are most worried and pressing about.
(25), (26) the conclusion speech of General Secretary Nguyen Phu Trong, Head of the Central Steering Committee on anti-corruption at the National Conference on Anti-Corruption, on May 5, 2014.
(27) Nhan Dan Newspaper, issued Spring 2018.