Corruption crimes in Vietnam's LHS Based on practical data of Dak Lak province

INTRODUCTION

1. Urgency of the topic

According to the Global Integrity report in 2014, “Crime and corruption steal nearly $1 trillion each year from poor and middle-income countries. If this money were invested in small businesses, health services, education and infrastructure, it would be enough to boost economic growth, create jobs and increase public funds .” This shows that corruption has huge consequences for the socio-economics of each country and today it is a common global problem.

In Vietnam, corruption has also caused great harm to political and economic life, eroding moral, cultural, family and social values. In particular, corruption has reduced people's trust and distorted the Party's policies and guidelines. In this situation, corruption has become an issue of concern to the Party, the State and the whole society. This is reflected in the political determination of the Party and the State in the fight against corruption until 2020 [13].

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To prevent and repel this national disaster, our State has established the Anti-Corruption Department under the Government according to Decision 1424 dated October 31, 2006. The National Assembly passed the Anti-Corruption Law on November 29, 2005, amended and supplemented in 2012. Many decrees, decisions, circulars and directives have been issued to specify the Anti-Corruption Law, including regulations on transparency of assets and income; rotation of cadres, civil servants and public employees; standards and norms of equipment and means of work of State agencies and cadres, civil servants and public employees; giving, receiving and returning gifts; paying salaries through accounts for those receiving salaries from the budget; list of people obliged to declare assets and income; responsibility allowance regime in anti-corruption activities; handling of responsibilities.

Responsibilities of heads of agencies, organizations and units for corruption to occur; roles and responsibilities of society in anti-corruption... In particular, crimes of corruption have been regulated in the 1999 Penal Code [42].

Regarding the fight against corruption, we have a legal basis, a mechanism for inspection, supervision and detection, but in recent times, major corruption cases in Vietnam have increased in number and sophistication and danger; the Party, the State and the people have resolutely resolved corruption cases, widely announced the results in the mass media to strengthen people's trust, such as the Huynh Thi Huyen Nhu case, the Tran Van Truyen case...

Therefore, comprehensive research and clarification of corruption crimes are of great significance not only in terms of awareness but also in helping the prosecution agencies have a legal basis to prevent and combat crimes committed by people in positions of authority. On that basis, the author chose the topic: " Corruption crimes in the Vietnamese Criminal Procedure Code (Based on practical data in Dak Lak province) ". However, within the scope of the master's thesis, the author only studies a number of theoretical and practical issues related to these crimes based on research on practical trial data from 2008 to 2014 in Dak Lak province.

2. Overview of research situation

Since the 1999 Penal Code came into effect, corruption crimes have been mentioned in many documents and magazine articles and have been chosen as topics for theses and dissertations by researchers. The authors have deeply studied the current state of corruption and anti-corruption solutions as well as mentioned the implementation of anti-corruption laws and proposed solutions to improve the effectiveness of anti-corruption work.

First of all, we must mention the textbooks of law training institutions: 1) Prof. Dr. Le Van Cam (Editor-in-Chief), Vietnamese Law Training Textbook

(Part of crimes) , Hanoi National University Publishing House, 2003 (Chapter on crimes related to positions); 2) Prof. Dr. Vo Khanh Vinh (Editor-in-Chief), Vietnamese Student Textbook (Part of crimes) , People's Police Publishing House, Hanoi, 2003 (Chapter on crimes related to positions); 3) Prof. Dr. Nguyen Ngoc Hoa (Editor-in-Chief), Vietnamese Student Textbook , Volume II, People's Police Publishing House, Hanoi, 2010 (Chapter on crimes related to positions); 4) Prof. Dr. Phan Xuan Son, Dr. Pham The Luc (Co-editors), Identifying corruption and solutions to prevent and combat corruption in Vietnam today , National Political Publishing House, Hanoi, 2008; 5) Nguyen Van Kim, Nguyen Huy Hoang (Editors), Anti-corruption laws of countries around the world , National Culture Publishing House, 2003; 7) Master of Science. Dinh Van Que, Scientific Commentary on the Penal Code - Part on crimes , Volume V - Crimes related to positions , Ho Chi Minh City Publishing House, 2006;...

Second, from the perspective of the master's thesis on the topic " Innovation of legal thinking on the fight against corruption in Vietnam today " by Ngo Duy Hieu studies corruption, the fight against corruption and innovation of thinking in preventing and fighting corruption in Vietnam. The Master's thesis in Law " Improving the law on anti-corruption in Vietnam today " by Tran Anh Tuan studies the theoretical basis for improving the law on anti-corruption, the development process of the law on anti-corruption and the current status of the law on anti-corruption (up to 2006); giving viewpoints, directions and solutions to improve the law on anti-corruption in Vietnam. The Master's thesis in Law " Crime of bribery according to the Vietnamese Criminal Code and the United Nations International Convention against Corruption " by author Vu Viet Tuong in 2014 at the Faculty of Law, VNU; etc.

Third, from the perspective of the doctoral thesis on the topic " Situation, causes and measures to combat corruption crimes " by PhD student Tran Cong Phan, it highlights the viewpoints of our Party and State on the fight against corruption.

fight against corruption, analyze the current situation of corruption crimes in our country and the causes of that situation and solutions to fight against corruption crimes. The doctoral thesis in law " Corruption in the Vietnamese Government: manifestations and solutions " by PhD student Le Trung Kien studies the nature of corruption, its causes, forms, features and manifestations in Vietnamese society, in the Government organization; determines the directions, methods and means to overcome in the new economic and social conditions of our country. The doctoral thesis in law by PhD student Nguyen Hai Phong " Activities of the People's Procuracy in the fight against corruption crimes in Vietnam " studies the theoretical basis, the current situation of corruption crimes, forecasts, directions, requirements and solutions to improve the effectiveness of the activities of the People's Procuracy (VKS) in the fight against corruption crimes in Vietnam.

Fourthly, from the perspective of a state-level scientific topic, there is the topic " Fighting against corruption in our country " by the Central Committee of the Communist Party of Vietnam's Internal Affairs Committee, which studies the current situation and fundamental causes of corruption in Vietnam, thereby proposing solutions to fight against corruption in our country. The topic " Scientific arguments for building a strategy to prevent and improve the effectiveness of fighting against corruption in Vietnam until 2020 " by author Mai Quoc Binh, Deputy Inspector General, and a group of authors from the Government Inspectorate, studies a number of general theoretical issues on corruption and the fight against corruption, the current situation, consequences and causes of corruption, the situation of fighting against corruption in Vietnam, the requirement to build a socialist rule-of-law state with the task of fighting against corruption, experiences in fighting against corruption in the world, solutions to prevent and improve the effectiveness of fighting against corruption and the development of a Strategy for Fighting Against Corruption in Vietnam.

Fifth, from the perspective of basic scientific research topics, the problem is studied.

Corruption in different aspects, there is the topic " Some issues of corruption in the private sector and anti-corruption in the private sector in Vietnam today " by MSc. Nguyen Vu Quynh Lam, Institute of Inspection Science, Government Inspectorate as the Head of the research on the concept, theory and practice of corruption in the private sector, giving forecasts and solutions for anti-corruption in the private sector in Vietnam. The grassroots scientific topic "The role of the Association of the Elderly and the Association of War Veterans in participating in anti-corruption at the grassroots level " by MSc. Nguyen The Hue, Vietnam Institute for Elderly Research as the Head of the research and the grassroots scientific topic " Ho Chi Minh Communist Youth Union and anti-corruption work in Vietnam " by author Nguyen Tuan Anh, Institute of Inspection Science, Government Inspectorate as the Head of the research on the role of the Ho Chi Minh Communist Youth Union in anti-corruption work and giving solutions to perfect the operating mechanism and improve the operational efficiency of the above organizations in anti-corruption work.

There are also a number of scientific works, research articles, and assessments of laws on anti-corruption and implementation of laws on anti-corruption to contribute to the improvement of laws on anti-corruption.

Although many legal scientific research projects have made important contributions to the development and improvement of anti-corruption laws, anti-corruption is a complex and “sensitive” issue, and the reality of corruption is increasingly serious. Moreover, through the implementation of anti-corruption laws, it has been shown that in addition to the achieved results, the current anti-corruption laws still have shortcomings. In some cases, the laws are not suitable for practice or do not meet the requirements, causing difficulties in preventing, detecting and handling corruption, requiring continued research to improve.

3. Research object and scope

3.1. Research subjects

The research object of the thesis is as its name suggests - Crimes.

Corruption in Vietnam's LHS (Based on practical data of Dak Lak province).

3.2. Scope of research

Assessment of the current situation of corruption in Dak Lak province in recent years (2009-2014);

Study the basic contents of the law on anti-corruption as shown in the Vietnamese Criminal Code and the guiding documents on the implementation of corruption crimes in the Vietnamese Criminal Code;

Research the concepts of corruption, anti-corruption, anti-corruption laws, perfecting anti-corruption laws and criteria to serve as a basis for assessing the level of perfection of anti-corruption laws;

Analyze the Vietnamese criminal law and some countries in the world on corruption crimes to point out the concept, theoretical basis and practice of regulating this crime in the Vietnamese criminal law;

Point out the policies and guidelines of the Party and State and the proposed solutions focusing on perfecting the current legal regulations on anti-corruption to actively contribute to corruption prevention.

4. Research methods

4.1. Research methodology

The thesis is based on the theoretical basis of historical materialism, dialectical materialism of Marx - Lenin, and Ho Chi Minh thought.

The thesis is based on the current viewpoints, policies, directions and tasks of the Party on anti-corruption, especially the Resolution of the 11th National Party Congress, the Resolution of the 3rd Central Committee Conference (Term X) on strengthening the Party's leadership in anti-corruption and waste work.

4.2. Research methods

The thesis uses traditional methods: analysis, comparison, demonstration, systematization, statistics, synthesis...

5. Meaning of the thesis

- The research results of the thesis can be used as a reference in the research process to find theoretical and practical bases to build and perfect legal regulations on PCTN.

- The thesis is a reference document for state officials, civil servants and related organizations and individuals in researching and proposing specific solutions in anti-corruption work or directly participating in anti-corruption work, especially officials and civil servants in the internal affairs sector.

6. Structure of the Thesis

In addition to the introduction, conclusion and list of references, the thesis consists of 3 chapters:

Chapter 1 : Some general issues on corruption crimes in Vietnam's criminal justice system.

Chapter 2 : Corruption crimes in the current Vietnamese Penal Code and trial practices in Dak Lak province.

Chapter 3 : Perfecting the provisions of the Vietnamese Penal Code on corruption crimes and solutions to improve the effectiveness of application.

Chapter 1

SOME GENERAL ISSUES ON CORRUPTION CRIMES IN VIETNAMESE CRIMINAL LAW

1.1. Concept, characteristics and significance of regulating corruption crimes in Vietnam's Criminal Code

Corruption is a negative historical social phenomenon. It appears and exists in a class-divided society and the formation of the State. The consequences it causes are extremely harmful in terms of economy, politics, culture and society. It hinders the development of society and can even lead to the collapse of an entire institution. It occurs in all countries in the world, regardless of political regime, conditions and level of socio-economic development.

1.1.1. Concept and characteristics of corruption crimes in Vietnam's criminal system

Along with the development of the economy, corruption crimes are increasingly diverse, so the need to criminalize some illegal acts of people with positions and powers, the need to codify the Criminal Code, amend and supplement it to suit the political, economic, cultural and social situation... is an urgent task of the State.

On December 21, 1999, the National Assembly passed the Penal Code, which took effect from July 1, 2000, replacing the 1985 Penal Code. Crimes of corruption are regulated in Section A, Chapter XXI, including 7 crimes: Crime of embezzlement of property (Article 278); Crime of accepting bribes (Article 279); Crime of abusing position and power to appropriate property (Article 280); Crime of taking advantage of position and power while performing official duties (Article 281); Crime of abusing power while performing official duties (Article 282); Crime of taking advantage of position and power to influence others for personal gain (Article 283); Crime of forgery in work (Article 284) [42].