OPEN UNIVERSITY MALAYSIA

HO CH MINH CUTY UNNIVERSITY OF TECHNOLOGY

BUSINUESS ADMINISTRATION

OUMM3203

PROFESSINAL ETHIC

THE PROBLEMS OF BRIBERY

FULL NAME: CAO TRONG TIN

ID STUDENT: 191401083
CLASS: 19BOBA01
INTRUCTOR: TRAN THI TUONG VI

Ho Chi Minh city, November 7, 2020

Word count: 2936
 Table of Contents
I. INTRODUCTION________________________________________________1
1.1 Definition of bribery______________________________________________1
1.2. History________________________________________________________1
1.3. Practice of bribery_______________________________________________2
II. BODY_________________________________________________________2
2.1 Economic analysis on the act of bribery______________________________2
2.2 Legal analysis on the act of bribery__________________________________3
2.3 Ethical analysis on the act of bribery_________________________________5
2.4 Types of bribery_________________________________________________5
3. Sanctions policies and solution to overcome____________________________6
III. SUMMARY____________________________________________________8
IV. REFERENCE__________________________________________________10
I. INTRODUCTION

1.1 Definition of bribery

Bribery is an illegal act involving the exchange of an item or service of desired

value, such as money, for the purpose of influencing the behavior of public
servants and bribery expressed in three different forms: taking bribes, giving
bribes and brokering bribes. In a society with its own cultural values, including a
common standard for determining the nature of bribery, regardless of form,
method, tricks, bribery still violates ethics, law and is punished by law.

The first, for acts of accepting bribes, this is a form of corruption expressed in
abusing their position and powers to receive money, property or other material
benefits in any form or abuse of office or powers to do something not permitted
to do for the benefit or at the request of the recipient of the bribe.
The second, bribery is also one of the forms of bribery and also a violation of
ethics and criminality, but if the recipient of the bribe is not coerced but has
proactively declared before being discovered, he or she may be exempt from
criminal liability and be returned a portion or property used to give bribes.

The third, act of brokering bribes is an intermediary act between the recipient
and the recipient of bribes at the request of either party or of both. And bribery
brokerage is an act that facilitates the achievement of an agreement or to make
an agreement on the giving and receiving of bribes. Some forms of bribery
brokerage activities can occur such as helping the two parties meet, assist in the
transfer or accept bribes. Acts of brokering bribes are acts dangerous to society,
infringing on the activities of agencies and organizations.

1.2. History 1

On the historical issue of bribery, I think bribery has been formed since the class
divide emerged, when the ranks were clearly divided. Most of this comes from
human greed, when class and hierarchical divisions take place people in low
positions they always strive to achieve the high positions they desire but
there are some who use bribes to get those positions temporarily , they join and
look for powerful or high-positioned people who can create relationships and
use money or valuable products and items that can convince and hope to give
them the positions they desire.
1.3. Practice of bribery
Bribery is a serious problem when in modern times today society is growing,
the demand for work is increasing, human greed is growing. Therefore, bribery
takes place regularly in life and is increasingly sophisticated. There are some
people who use gifts to make bribes to their bosses or bribe rival company
employees to get confidential, important information. This is one of the most
serious issues for a country, an organization, an individual. Some countries
have offered solutions to policies to overcome the situation but I think that no
matter what policy leaders make, bribery has been accompanied by human
greed and human greed is bottomless greed and from there will always be
bribery.
II. BODY
2.1 Economic analysis on the act of bribery
Economically bribery is both beneficial but also harmful:
For benefits, some acts of bribery bring benefits such as when bribing your
company can sign contracts, promotions at work but these acts must be based
on their fairness and strength, and in the spirit of creating good relationships
with partners.
E.g. When performing acts of bribery but may allow someone to escape
oppression, this is indeed not harmful but can also rescue those who are
oppressed to be free. Or you can bribe by giving gifts to create relationships at
work and thereby develop the company.
But in the event that the act of bribery is no longer fair, or violates in humaneacts
as well as affecting certain individuals or collectives,2the bribery in this
case will cause harm.
E.g. When your company causes water pollution in an area, and affects the
lives of individuals underwater as well as the surrounding people. To avoid the
information of the incident your company has taken bribes with local
authorities and as well as the media so that the incident is not broken. This is a
violation of ethics as well as shows the in humanity and incurability of the
company when not daring to admit mistakes and correct mistakes. It may cause
your company to suffer more losses when things get bigger.
So from my point of view and analysis of the economics of bribery.
Economically, you are allowed to bribe when it does not affect an individual or
organization
2.2 Legal analysis on the act of bribery
According to article 354. For accepting bribes. According to Vietnam's
criminal code
Legally, a person who abuses his/her position, direct or intermediate powers or
receives any of the following benefits for himself or herself or another person
or organization to do or not to do something for the benefit or at the request of
the bribe taker , they are sentenced to between 02 years and 07 years of
imprisonment:
- Money, property or other material benefits valued from VND 2,000,000
to less than VND 100,000,000 or less than VND 2,000,000 but have been
disciplined for this act but have also committed violations or have been
convicted of one of the crimes specified in Section 1 of this Chapter, which
have not yet been cleared of criminal convictions but also violated;
- Non-material benefits.
Committing crimes in one of the following cases, they must be sentenced to
between 07 years and 15 years of imprisonment:
- Organized;- Abusing their position and powers;
- Bribery means money, property or other material benefits worth from
VND 100,000,000 to less than VND 500,000,000;
- Causing property damage from VND 1,000,000,000 to less than VND
3,000,000,000; 3

- Committing crimes 02 or more times;

- Knowing that bribery is the property of the State;
- Demanding bribes, harassment or using cunning tricks.
Committing crimes in one of the following cases, they must be sentenced to
between 15 years and 20 years of imprisonment:
- Bribery means money, property or other material benefits worth from
VND 500,000,000 to less than VND 1,000,000,000;
- Causing property damage from VND 3,000,000,000 to less than VND
5,000,000,000.
Committing crimes in one of the following cases, they must be sentenced to 20
years imprisonment, life imprisonment or the death penalty:
- Bribery means money, property or other material benefits worth VND
1,000,000,000 or more;
- Causing property damage of VND 5,000,000,000 or more.
Offenders who are banned from holding certain position for between 01 year
and 05 years may be imposed a fine of between VND 30,000,000 and VND
100,000,000, confiscating part or all of their assets.
Those who have position and powers in enterprises or organizations outside the
State who accept bribes and are dealt with in accordance with this Article.
The subjects of the bribery offenses must be money, property or valuable
papers. But if the bribe recipient does not accept money or property that
receives the feelings of the same sex, this is not considered an act of bribery.
The objective side of the crime is expressed in the profiteering of the position,
the right to receive money and other material benefits in any way to do or notto
do the work required or for the benefit of the bribe taker. Acts of accepting
bribes are carried out directly or through an intermediary who has or will
receive various money, property or material benefits. Do you think that in the
event of an objective side of a criminal committing an act, they have the right
to decide whether they have committed the act of bribery on request or for the
benefit of a person or an organization
E.g. Nowadays bribes use gifts to create intimacy and therefore thanks for
meeting their requirements for a problem is very common.
4 Gifts or valuable
items are given on special holidays such as birthdays, but when the giveer is
frequent and of high value as well as accompanied by some offers, this is no
longer called a normal gift but between the giver and the recipient of the gift
understands that this is an act of bribery
For the subjective side of bribery is done directly. This means that in this case
the person performing the act of bribery was aware and committed the act
directly and wishes to obtain the bribe amount by taking advantage of his
position, authority, or receiving the money from the bribe. against the law,
contrary to regulations of agencies and organizations. However, the act of a
person guilty of accepting a bribe must be a person with positions and powers.
Such positions and powers are directly related to the handling of the affairs of
the bribe. If a person has a position but their positions and powers are not
related to the handling of affairs at the request of the bribe, it is not considered
a crime of accepting bribes but committing abuse of positions and powers.
influence others for self-seeking.
E.g. People with high positions in a company or in a government organization,
they show their powers and positions to take bribes and give bribes to a
position in a company or a position in a government organization
2.3 Ethical analysis on the act of bribery
Compared to the economic and legal part of bribery, the ethics of bribery will
be completely different. Ethics represents the system of social rules and norms
by which people self-regulate their behavior to suit the interests of the
community and society. But when someone commits a bribery act, the first
thing they make is the rules and norms of society and leads to a deviation of
their behavior, no longer fit and the interests of the community, because you
bribe will have 2 problems. As I said above, bribery also has two good and bad
sides, when someone's behavior leads to the benefit of the community, it is still
well viewed.
E.g. Bribery for economic development. When your company or country has a
big project that promotes the economy of the individual or the country, but has
a problem that prevents the project from promoting and not completing, in this
case the act of bribing the project to be completed to 5promote economic
development, I think there is absolutely no ethical violation.
2.4 Types of bribery
Increasingly sophisticated forms of bribery and some forms of bribery such as
to fire a person and give gifts and receive increasingly variable and complex gifts.
According to Mr. Nguyen Ngoc Phuong ' Here we need to create a stronger
movement in resolutely returning large value gifts, wrong gifts will be supported
and followed more. With violations that need to be handled strictly in accordance
with the provisions of law’.
Bribery is a violation of the law and everyone criticizes it, but why does it have
such intense 'vitality'? As I mentioned, bribery comes with human greed, and
human greed is bottomless, so this is why bribery is so intense.
For bribery relationships, most bribery parties have some benefits and therefore
they find ways to cover each other up, it is difficult to detect and there are very
few cases where the bribe taker confesses his or her bribery.

However, the vast majority assert that the direct and indirect harm of bribery is
inevitable, regardless of the 'benefits' it may have brought. Bribery, in the long
run, has an effect on the function of state management. The disease of bribery can
be spread throughout the fields. If bribery becomes common in the state
department, job enforcer in different industries will focus on the most profitable
parts of the work brought about by bribery.

Bribery makes administrative activities a turning of the state's open policy

policies into a means of enrichment. Worse, bribery can cripple government
activity, turning the government into a profitable place to do business. Bribery
upsets moral and cultural values.
Bribery is very difficult to detect and prosecute responsibility for handling.
Because of this, bribery becomes more difficult when bribery involves gifts,
which are normal behavior, and also one of the habits of every human being. The
survey results showed that many cases of gifts when coming to public authorities
have become a habit accepted by the people. The obvious distinction between
gifts and bribes is almost impossible. 6

3. Sanctions policies and solution to overcome

Bribery is a complex phenomenon and a consequence of many causes. Therefore,
in order to improve the effectiveness of the fight against bribery, we need to
implement a synchronized solution of prevention, detection and handling, in
which prevention is fundamental, implemented against both giving, receiving and
brokering bribes, in which, the collective is mainly against taking bribes. To
prevent and reduce bribery, two basic solutions such as:

- Firstly, to promote the reform of administrative procedures, the radical

elimination of the mechanism of application and giving, promoting the
socialization of public services to reduce the disparity in supply and demand, the
main cause of the giving and receiving of bribes.

Review and amend and supplement regulations on administrative procedures in

the direction of thoroughly eliminating the mechanism of application and giving
as well as the thorough implementation of the decentralization and
decentralization regime in the administrative system. There are regimes and
inevitably lead to abuse of power, is the germ of bad giving - taking bribes. This
mechanism creates the privilege of the giver, they have the right to give or not to
give, to one person or to another. The mechanism for applying for bribes is
required to enjoy benefits such as licenses and projects. Meanwhile, the current
administration does not have a radical decentralized and decentralized, leading to
an overlap of powers between central and local levels, between management by
sector and by territory, even between one sector and another making the
administrative procedures many layers hiccups, cumbersome and difficult to
determine responsibility. In such conditions, troubling, leading to bribery is
inevitable. Therefore, with the amendment and supplementation of regulations on
administrative procedures is necessary, if you want to limit and repel bribery. It is
necessary to continue to promote the socialization of services to reduce the
pressure caused by the difference in supply and demand, especially in the fields
of health and education, and to strengthen inspection
7 and inspection of the
implementation of economic and technical standards of quality standards in this
field, strictly handle violations.
- Secondly, raising awareness, promoting the role of society in criticizing and
fighting bribery.
Along with strengthening measures on the part of the government to strengthen
control over the exercise of power, it is indispensable to raise awareness and
promote the role of society in fighting bribery, especially gift habits.

Measures to promote propaganda are needed, considering bribes as one of the

worst deeds, and getting rich from bribes is the worst way to get rich. Need to
create in society the mentality of not accepting bribes, not seeing bribes as a way
to handle their affairs.
In a society where people accept evil as a natural existence, do not condemn, do
not want to condemn or dare not condemn evil, evil occurs around them, then the
role of morality has been degraded. Social moral decline will undermine the
foundation for the struggle against evil, evil. It's the same with bribery. If in
society people naturally admit to using money to buy a degree, buy a job, buy a
job, generally use money to deal with all their work in public places, then it is
time to alarm about a social disease.
Therefore, it is necessary to promote the education of people to respect, observe
the law, each citizen and business must be sure of their rights, grasp the
provisions of the law every time they exercise their rights and obligations and try
to comply with those regulations , gradually abandoning the habit of asking for
figs, gifts, respect for order and social justice in the culture of daily behavior.

III. SUMMARY
Everything in our lives has two good sides and bad sides and after the analysis of
bribery, bribery is analyzed based on three different aspects of life: Economics,
Ethics, Legal and all three aspects have different good and bad sides. But almost
everyone commits acts of bribery in things that benefit themselves and can also
affect the community for those own interests. So to come
8 up with a solution to the
problem of how bribery does not exist anymore is difficult because bribery is
always accompanied by human greed, this is one of the personalities of people so
to come up with solutions to prevent bribery is almost impossible. However, it is
still possible to solve this situation by propagating, considering bribery as
improper behavior and bad social.

9
IV. REFERENCE
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