What is Corruption?
Corruption refers to the misuse of power conferred by a public office or private authority, to obtain personal benefit or provide it to a third party, often in exchange for payment or any other form of benefit. This may include practices such as fraud, embezzlement, nepotism, favoritism, influence peddling, collusion, money laundering, and bribery. Corruption is considered a global scourge that undermines public trust in institutions, reduces the quality of public services, fosters injustice and poverty, impedes economic growth, and leads to violations of fundamental human rights.
What are the applicable legal texts in Vietnam and Myanmar?
Both Myanmar and Vietnam are parties to the United Nations Convention against Corruption, adopted in 2003. This convention aims to prevent and combat corruption on an international scale by strengthening cooperation between states and implementing measures to prevent, detect, and prosecute corruption.
In addition, Myanmar is also a party to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which aims to discourage corruption in international business transactions. Vietnam is not a party to this OECD convention, but it is a signatory to the United Nations Convention against Corruption. Both countries are also members of the Extractive Industries Transparency Initiative (EITI), which aims to improve transparency in the extractive industries and combat corruption in this sector.
Finally, Myanmar and Vietnam have also adopted national anti-corruption laws. In Myanmar, the main national anti-corruption law is the Anti-Corruption Law of 2018, which repealed the previous law of 1948. This law provides for preventive, detection, and prosecutorial measures against corruption, as well as penalties for persons found guilty of corruption. It also creates the Myanmar Anti-Corruption Agency to investigate corruption cases and prosecute alleged offenders.
In Vietnam, the 2018 anti-corruption law is the primary national law for combating corruption. It provides provisions for the prevention, detection, and prosecution of corruption, as well as penalties for alleged perpetrators. The law also provides for the establishment of a national commission for the prevention and fight against corruption to oversee and coordinate anti-corruption activities at the national level.