HUTECH INSTITUTE OF INTERNATIONAL EDUCATION

OUMH2203

______________________________________________

BIBERY IS A VERY SERIOUS MATTER

_____________________________________________

Name: Ho Dac Nhat Linh

ID student: UGS00020230
Class: 19BOBA01
Instructor: Tran Thi Tuong Vi

Course: 2019

Novomber 5, 2020.

1
 TABLE OF CONTENT
Introduction

1. ...................................................................................................3
1.1. Definition..................................................................................................3
1.2. History......................................................................................................5
1.3. Practice of bribery..................................................................................5
2. Body.................................................................................................................5
2.1. Economic analysis on the act of bribery................................................5
2.2. Legal analysis on the act of bribery......................................................7
2.3. Ethical analysis on the act of bribery....................................................8
2.4. Solution....................................................................................................9
3. Summary........................................................................................................10
4. Reference........................................................................................................11

2
1. Introduction.

Our country's economy is walking the considerable development, the people's life has
been raised, stable economic situation, national defence and security are consolidated, the
foreign relations are strongly developed, expand the cooperative and active participation
in international activities. With respect to enterprises, business ethics is an indispensable
part of creating the profits in a competitive environment. It is an indispensable rules of
every business that needs survival and sustainable development. Social responsibility in
Vietnam had been recognizing. Along with the country's development, that
responsibility will be given prominence  together with perfecting on the legal, the state
apparatus and economic institution. However, in recent years, the public opinion has
repeatedly accused the object of the breach of professional ethics in business, to run after
the profits, to ignore the interests of community. This has caused many urgent matter in
public opinion such as Formosa company in Ha Tinh had violated the problem of
bringing about serious consequences in regard to the rivers are polluted with toxic
waste; Alibaba joint-stock company had violated the problem of immovable property and
the act of defrauding, appropriating the customer's property; Asanzo Joint Stock
Company has infringed an intellectual property,to deceive customer. And a series of
the related to food hygiene and safety. Aside from the  issues refered above, in society as
well as in the economy still existed and caused the damage to the economy. In which,
must take about  the serious problem, that is a bribery, it has become a popular
phenomenon, go inside all areas of socioeconomic life.

1.1 Definition of bribery

Bribery is a social evils, it is manifested under the three different forms: To accept bribes,
bring bribes and through intermediary in order to the bribery. Each society has regular
one's own cultural criterion with regard to cultural value, it connotate a general standards
so that determine the nature of bribery, despite any of the form, method, and artifice,
bribery is still punished by the law. 

1.1.1 To accept bribes

To accept bribes must be a person who with authority. Greed is inherently the human
nature. When is a power in the hands, to be short of close control, who have power can't
resist temptation. It is a form of corruption, it manifest itself in civil servants and state
cadre takes advantage of the positions and powers in order to receive money, property or
other material benefits in any form. In order to do something that belongs to or may not

3
be their responsibility or to misuse the power, positions in order to do something that is
not permitted, because of the benefits or according to request of bribers (According to
stipulate at article 279 of Vietnam's criminal code in 1999).

Example: Field of being liable to a risk of the acts of bribery rise from who have
positions, power interests or taking advantage of positions and powers in order to receive
money, property or other material benefits in any form This is also the basic
characteristics of this problem and is a main sign in order to us know.

1.1.2 Giving bribes

Article 15 of the UN Convention provides the definition with regard to the act of giving
bribes following of to for national civil servant as follows: "An act of intentionally
promise, invite a acceptance or giving bribery of national public officials or another
person or an organization, directly or indirectly, any unrightghyeous interest, in order to
the public officials to act or not doing one thing in the process of implementing the
mission".

Giving bribes is usually entrepreneur or individuals. It is a one of the behavioural user of

money or matter in order to enchant decision-makers, the individuals have a position and
powers so that the businesses to be got a lucrative contract, individual do something so
that bring to the their personal benefit (it may be legal or illegal). When business is
becoming more difficult, competition is increasingly fierce, bribery is the manner of
being got a contract, a permission from the side of a person who have the positions and
powers in the state agency, from there to make a illegal profits. It also diametrically
opposed to ethical standard and infringed the law. The sin of giving bribes is stipulated at
article 364 of Vietnam's criminal code in 2015.

With regard to individuals, there are two possible cases as follows they are initiative in
bringing the bribery under the form of gifts or to act on someone's suggestion or to be
forced. The benefits of the bribers can attain as well as quite diversified as follows:
maybe that is a rightful, legitimate interest but they meet a procedural difficulties or to
be a harassment, therefore they must seek to "lubricate".

1.1.3 Brokering bribes

This is behavior that only appears when the developed society to a certain extent, when a
problem of business cannot perform directly or the law has stipulated for the punishment
of the act of giving bribes and accepting bribes. Brokering bribery is making the
"supply/demand" meet.

4
1.2 History.

Bribery is a social phenomenon. It have early appeared from the feudal dynasties.
Through the documents from the feudal dynasties showed that bribery was one of the
popular evil within this period, it was expressed in the following forms as delays in the
settlement of petitions and lawsuits in order to ask money. To stave off the bribable crime
and to treat with the bribable act, the feudal dynasties had promulgated many the
regulations, royal decree and stipulated a specific in the text of the law. A typical as in
the Hong Duc code of the Le dynasty, there are nearly the thirtieth clauses in order to
apply to acts of corruption and bribery.

The period after the August Revolution in 1945 and the country unified in 1975, bribery
is a dangerous evil that it cause influence on the operation of the apparatus of
government, social organization, building and defending socialism, national
industrialization, modernization. To struggle with this evil, bribery has been regulated in
the constitution of the socialist republic of Viet Nam in 1980 - an original code, basic,
the most important in system of legal text.

1.3 Practice of bribery.

It is manifisted under the three different forms: To accept bribes, bring bribes and
through intermediary in order to bribery. Each society has regular one's own cultural
criterion with regard to cultural value, it connotate a general standards so that determine
the nature of bribery, despite any of the form, method, and artifice, bribery is still
punished by the law.

Currently, to accept bribes, bring bribes and through intermediary in order to bribery,
hadthere are many the state cadres have a high positions but degenerated and
metamorphosed. Because greed for money that accept bribes. To be even suggestive, to
force to the business or individual must bring bribes. If don't give bribes, will make
difficulties for the business or individual. This even leads to fail in the jobs.

2. Body.
2.1 Economic analysis on the act of bribery.

Corruption and bribery take place in all countries of the world, and occur in all fields
concerning socio-economic activities. Bribery and corruption give an obstacle in order to
economic development. Socio-economic difficulties have directly effected on the matter
to arise criminal in general and a criminal with regard to the corrupt and the bribery in

5
particular, and are manifested in the following specific aspects: The market economy has
directly affected the social class, with regard to the material and the spirit. To arise
pragmatic thoughts and development, make the standards of social values have a change.
The economy has many components and market mechanisms that create a favorable
environment for the country's economic development. But its main also do arise and
develop negativity in society, to impulse the individualism developed. A number of the
parts of cadres and party members are the retrograde and degenerate elements, corrupted,
to keep aloof from the target, ideal, to forget the interests of the community, to be
anxious only to the individual, abuse of power, bossy, by using a ruse in order to "earn
money", had created should a bad "precedent" in a part of the masses, cadres of agencies
and organizations, arise from the matter of bribery. Economic difficulties not only affect
specific people but also negatively effect on performing the State's social policies and
guidelines.

2.1.2 Example for economic analysis on the act of bribery.

According to the indictment, in 2015, MobiFone implemented a television service

investment project in the form of state capital investment, bought 95% the shares of AVG
(Audio Visual Global) with the amount of 8,900 billion VND, belonging to a group A
project - the authority of The Prime Minister decides the investment policy.

According to the indictment, in 2015, MobiFone implemented a television service

investment project in the form of state capital investment, bought 95% the shares of AVG
with the amount of 8,900 billion VND, belonging to a group A project - the authority of
The Prime Minister decides the investment policy.

In the process of project implementation, the defendants have violated the law in the
proposal of investment projects, financial and business evaluation ... of AVG, causing
particularly serious damage to property. of the State with the amount of more than 6,590
billion VND.

Of which VND 6,475 billion was the state money lost when MobiFone bought AVG and
VND 115 billion was the interest of term deposit contracts that were withdrawn before
maturity to pay for AVG.

The allegation said that defendant Pham Nhat Vu gave Nguyen Bac Son 3 million USD,
Mr. Le Nam Tra USD 2.5 million, Mr. Cao Duyy Hai USD 500,000, and Mr. Truong
Minh Tuan USD 200,000.

6
2.2 Legal analysis on the act of bribery.

In recent times, originate in real state of deserving a worrying with regard to the act of
bribery as well as its consequences with respect to the socio-economic life, the
international community attach special important to preventing and struggle with regard
to the matter of the bribery. Therefore, a series of legal text of international and regional
concerning to bribery had been promulgated, this texts have referred to many different
aspects of the bribery phenomenon. The International Convention mentioned such as the
United Nations Convention against Corruption (UNCAC), the European Union
Convention against Corruption, the Criminal Law Convention on Corruption (COC) -
Council of Europe, OECD Anti-Bribery Convention (OECD is abbreviation of the
Organization for Economic Cooperation and Development - officially Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions).
These are also text of international legal on anti-bribery approved by countries around the
world.

First, although there is different with regard to content of the regulations, the scope of
application and the level of detail of regulations but most of the international conventions
mentioned above is a problem of being a bribery. For example, the OECD Convention
calls for the nations of membership, must quickly criminalize the bribery of foreign
public officials because this phenomenon is seriously affecting the equal competition of
international business transactions, including trade and investment.

Second, all of these conventions build a standard instrument for nation of the member
with regard to criminalize bribery as well as provide a punishment in order to the act of
bribery. These international conventions call for the responsibility of the nation of the
with respect to criminalize a series of the act of bribery, such as giving bribes, accepting
bribes, bribing foreign civil servants and civil servants of organization, to bribe in the
private sector. These can be considered as suggestions for the nations of membership in
determining the forms of bribery that is giving the danger for the nations as well as to the
international community in general. According to the regulations of these conventions,
the nations of membership do not force to the regulations of each type of the act bribery
into each a criminal with regard to the bribery. It rise from the reality as there are many
countries that have regulated all of these types of bribery, but only a very vague in one or
a few charge. However, the distinct regulation and specific for each type of the act of
bribery mentioned above are encouraged and considered as the international standard for
the activities with regard to legislate criminal of the country.

7
Third, the general opinion of international law considers bribery as a form of corruption,
reflected in the foreword of the conventions above. Most clearly, the United Nations
Convention against Corruption, had stipulated with regard to the types of the act bribery,
beside a series of the act of other corrupt such as to embezzle property , to take advantage
of the influence in order to be self-seeking,...

2.3 Ethical analysis on the act of bribery.

In the present situation, our country is changing with regard to integrate into the
international economy, life of people have been gradually improved, the society is
increasingly developing, This has positive and negative influence on many aspects of the
force of cadres, civil servants and official, to make a big change in ideology, lifestyle
ethics, therefore, a number of cadres, civil servants and official manifested with regard to
the recession, short of exemplary with regard to ethics and lifestyle. It can be seen that
the ethical act of cadres, civil servants and public employees in the current period appear
mainly focusing on areas such as land, construction, ... and especially an phenomenon
with regard to problem of bribery.

Example: On February 3, 2014, when selling water to customers, Mr. Minh discovered
that in bottle Number 1 (plastic bottle, 350ml volume, a product of Tan Hiep Phat
Trading and Service Co., Ltd.) found a fly inside the bottle. taken away.

On February 5, 2014, Mr. Minh called Tan Hiep Phat Company to report that he was
holding the Number 1 water bottle with its stamp intact, inside there was a fly. Mr. Minh
suggested that the company must meet with Minh to resolve.

Immediately after that, the company assigned 3 employees to meet Mr. Minh in turn.
Initially, Mr. Minh asked the company to give him 1 billion VND to keep the secret of
the water bottle containing the fly. Otherwise, Mr. Minh will release the water bottle to
the market, put it on television programs and newspapers, causing the company to lose its
brand name and reputation.

At this time, the company representative proposed to give Mr. Minh 2 barrels of water
Dr. Thanh and ice pitcher instead thanked and offered to receive the bottle of water, but
Mr. Minh did not agree.

On December 16, 2014, the representative of the company continued to meet Mr. Minh.
During this meeting, the company proposed to give Mr. Minh 3 barrels of Dr.Thanh
water and 1 jar of ice to thank him, but Mr. Minh still disagreed. Mr. Minh threatened to

8
sue the Department of Food Safety and Hygiene, print leaflets to discredit the company.
Seeing Mr. Minh's resolute attitude, the two employees of the company left.

A few days later, Mr. Minh called the company to lower 600 million VND to keep it a
secret, otherwise information appeared on the radio.The company informed Mr. Minh
that the company's policy so far does not deal with defective products with money, so
they do not agree to compensate VND 600 million as requested by Mr. Minh.

On January 20, 2015, Tan Hiep Phat Company assigned 3 employees to meet Mr. Minh
to resolve. The company believes that the defective product is not the manufacturer's
fault, and the company does not deal with the defective product with money, but only
resolves the defective product with the defective product, so ask Mr. Minh to accept a
few boxes of the company's products instead of thanks. Anh Minh reduced the amount to
500 million VND but the staff disagreed.

Due to fear of affecting the company's reputation (according to representatives of Tan

Hiep Phat), the company director accepted to deliver money at the request of Mr. Minh.
On January 27, 2015, when Mr. Minh was receiving money from the company's staff, the
police caught him and the evid

2.4 Solution

Bribery is a complex phenomenon and is the result of many causes. Therefore, in order to
improve the effective with regard to prevent the bribery, it is necessary to synchronous
solutions to prevent, discover and tackle, in which the prevention is the basic; To carry
out anti-bribery offering, receiving and brokerage, in which, the focus is on anti-bribery.
To perform against bribe offering, receiving and brokerage, in which, the focus of
problem is against bribery. To prevent and reduce bribery, the following two basic
solutions such as:

Firstly, to step up the reform in administrative procedures, to completely eliminate with

regard to ask-give mechanism ; promoting the socialization of public services so that aim
at reducing the difference of supply and demand, this main cause of soliciting, taking
bribes. Reviewing and amending and supplementing regulations with regard to
administrative procedures in the direction of thoroughly eliminating the mechanism of
asking for – giving and perform thorough with regard to regime of decentralization. The
mechanism of asking - giving inevitably leads to the phenomenon of authoritarian, is the
seeds of giving money- accepting bribes. The mechanism forcing people to "run" to get
benefits: "run" the license, "run" the project, even "run" the policy ... That is an
irreversible consequence.

9
Second, raise awareness and promote the role of society in criticizing and struggling
bribery. Along with intensifying method on the side of the State so that increase control
with regard to perform of power and position, it is indispensable to raise awareness and
promote the role of society in fighting bribery, especially the habit of gifting and running.
Measures to promote propaganda are needed, considering bribes as one of the worst
deeds, and getting rich from bribes is the most disgraceful way to get rich. Need to create
in society the mentality of not accepting bribes, not seeing bribes as a way to deal with
their affairs.

3. Summary

The act of bribery is analyzed based on 3 different aspects about economics, laws, ethics.
Bribery is a social evils, it is manifested under the three different forms: To accept bribes,
bring bribes and through intermediary in order to the bribery. Each society has regular
one's own cultural criterion with regard to cultural value, it connotate a general standards
so that determine the nature of bribery, despite any of the form, method, and artifice,
bribery is still punished by the law.

Total is 3091

10
4. Reference.

Adopted by the Negotiating Conference on 21 November 1997. Convention on

Combating Bribery of Foreign Public Officials in International Business Transactions-
Retrieved Novomber 5, 2020.

Blue, N (2017) Nhan dinh phap ly ve vu an chai nuoc co ruoi hay Tan Hiep Phat – Vo
Van Minh va muc an 7 nam tu. Retrieved October 31, 2020. Available at:
https://luatnb.com/nhan-dinh-phap-ly-ve-vu-an-chai-nuoc-co-ruoi-tan-hiep-phat-vo-van-
minh-va-muc-an-7-nam-tu-phan-1/
Dinh, M (2012) Hoi lo va nhung sưa doi phap luat can thiet de chong hoi lo Retrieved
Available at: http://lapphap.vn/Pages/tintuc/tinchitiet.aspx?tintucid=210157. October 31,
2020.

Ngo, P., (not date). Thu tim nguyen nhan va dieu kien cua cac toi hoi lo trong nhung nam
gan day. Retrieved October 31, 2020. Available at: https://thegioiluat.vn/bai-viet-hoc-
thuat/THU-TIM-NGUYEN-NHAN-VA-DIEU-KIEN-CUA-CAC-TOI-HOI-LO-
TRONG-NHUNG-NAM-GAN-DAY-5726/

National Assembly (2015), The Criminal Code of Vietnam (Law No. 100/2015/QH13, 27
November 2015): Chapter XXIII: Offences related to abuse of power-Section 2. Others
offences related to abuse of power. Article 364.Giving bribes;

National Assembly (1999) Criminal Code No. 15/1999/QH10 of December 21, 1999.
Chapter XXI:Crimes relating to position-Section A. Crimes of corruptio . Article 279.
Receiving bribes. Retrieved October 25, 2020.

UNITED NATIONS office on Drugs and Crime (2004). United Nations Convention
against Corruption.- Chapter III:Criminalization and law enforcement. Article 15.
Bribery of national public officials,p17 . Retrieved Novomber 5, 2020.

Phaply (2019)Dieu tra toi pham dua – nhan hoi lo: Kinh nghiem tu vu an AVG. Retrieved
October 31, 2020. Available at: https://tapchitoaan.vn/bai-viet/cong-dan-va-phap-luat-
2/dieu-tra-toi-pham-dua-nhan-hoi-lo-kinh-nghiem-tu-vu-an-avg

11
12