Prevention of property corruption in Vietnam nowadays

2018 at the rate of from more than 30% to nearly 60% compared to the original year of 2010; very serious crime steadily increased in the years following the original year of 2010 with the rate of increase ranging from 4% 11 - 16.6%, then steadily decreasing in the next 3 years with the highest reduction rate of 27.4% and skyrocketing in 2018 and 2019 with the highest growth rate of 46.6%; Compared with the base year of 2010, particularly serious crimes increased in all years, of which the lowest rate of increase was 5.9% and the highest rate of increase was 94.1%. 1.3.2.2. Evolution of the structure of property embezzlement in the form of criminal execution Property embezzlement in Vietnam in the period from 2010 to 2019 is mainly done in the form of an accomplice, accounting for 64.6% of the number of cases listed in the research period; the number of cases committed with individual criminals only accounted for a certain percentage of 35.4%. In which, the number of cases committed with individual offenders tends to decrease compared to the data of the original year 2010; while the number of cases done in the form of an accomplice tended to increase regularly and sharply increase in the second half of the research period. 1.3.2.3. Evolution of the structure of property embezzlement in the form of property being appropriated The number of property embezzlement cases occurring in 100% state-owned enterprises tends to decrease compared to the original year 2010, while the rate of property embezzlement cases occurred in partially State capital tends to increase compared to the original year 2010. 1.3.2.4. Evolution of the structure of property embezzlement according to the type and value of the property being appropriated Compared with the original year of 2010, the type of property appropriated as money tends to increase at a very high rate in the following years, of which the highest rate of increase is 407.6% compared to the base year; For the type of property that was appropriated, other assets such as construction materials, coal, paddy ... tended to decrease in the following years compared to the original year, of which the lowest rate was 66.7%. It can be seen that money is a type of property appropriated, which is increasingly popular in property embezzlement cases in Vietnam. This is also one of the features that need to be taken care of by stakeholders in order to take appropriate measures in the management of this asset, in order to eliminate or limit the risk of appropriation by a part of people with positions and powers. 1.3.2.5. Evolution of the structure of property embezzlement by management level of the person with positions and powers The number of property embezzlement cases occurring at the central level has been on a decreasing and decreasing trend at a remarkable rate compared to the original year 2010, the highest reduction rate is 40.8%; Meanwhile, the number of 12 property corruption cases occurring in local agencies has increased and increased at a very high rate compared to the original year of 2010, the highest rate of increase is 407.6%. 1.3.2.6. Evolution of the crime structure of property embezzlement according to the characteristics of first-time or recidivism, dangerous recidivism of offenders The number of first-time offenders tended to decrease steadily in all years in the research period compared with the original year 2010; meanwhile, the number of recidivism and dangerous recidivism tended to increase in all years during the study period compared with the base year. CHAPTER 2. CAUSE OF PROPERTY EMBEZZLEMENT 2.1. The general issue of the cause of the crime The cause of crime is one of the research subjects of criminology in general as well as specific problems of criminology. When studying a specific crime group or crime from the perspective of criminology, it is indispensable to do research to determine the factors considered the causes of the crime, providing measures suitable to practical requirements, to limit or possibly eliminate the impact of those factors on the occurrence of crime within the research scope. However, in Vietnam today, there are still different conceptions about the causes of crime. These different conceptions are firstly manifested in the use of different concepts to refer to factors that give rise to crime, such as: The concept of "the cause and conditions of crime"; "Causes and conditions of the crime situation"; "Causes of the criminal situation" and differentiated from the concept "conditions of the crime situation"; the concept of "the cause of crime". From my side, the PhD student agrees with the point of view that the cause of the crime is a combination of factors, the interaction between factors that leads to the criminal performance of the offender. Accordingly, the cause of property embezzlement is a combination of factors, the interaction between these factors leads to the appropriation of property that are managed by persons with positions and powers. 2.2. The cause of property embezzlement in the 2010-2019 period 2.2.1. Causes related to limitations in organization and state management In fact, the organizational apparatus of state management agencies in the economy remains cumbersome, with many stages and intermediate layers; the establishment of functions and tasks among state agencies, organizations and economic units is unclear, or overlapping, lacks a specific coordination mechanism, resulting in the fact that a case may have been managed by many agencies but none of them is primarily in charge. This is the direct cause that leads to the situation of people in positions and powers taking advantages of the gaps of the overlap or the unclear delineation of functions and duties to appropriate property they are assigned 13 to. However, not all limitations and shortcomings in the organization and state management are the cause of property embezzlement, but only the limitations and shortcomings are directly related or relevant. Certainly to the mechanism, organization and operation of State economic agencies, organizations and units in the management and use of assets in different fields and in different forms, specifically: 2.2.1.1. Causes related to limitations in the organization and state management of production and business activities of state-owned enterprises and economic groups include the following limitations: The system of state management agencies is organized with cumbersome structure with many intermediate stages. State management and organization activities for state-owned enterprises and economic groups are still lax. The State giving too much priority to State enterprises is one of the factors that create negative effects in the organization and management of state enterprises. The State's granting of state enterprises the right to do multi-sector and multi-field business, recognition of the form of cross-ownership among state-owned enterprises and economic groups, has created a factor giving rise to the act of corruption of a number of people with positions and powers in this field. The State attaches much importance to administrative procedures when establishing enterprises, but after the establishment of enterprises, loosens the management of production and business activities, leading to the situation that people with positions and powers take advantage appropriation of property under which they are assigned to manage. The Law on Enterprises 2014 has not yet covered all the subjects that need to be controlled, so there is a lack of legal basis to strictly prevent transactions with risk of self-interest in enterprises. 2.2.1.2. Causes related to limitations in organization and state management of public procurement activities; management and use of funds, the budget, including the following limitations: A strict management mechanism has not been established for public procurement, fund management and allocated budgets, so people with positions and powers have taken advantage of this restriction to appropriate their assigned assets. Some restrictions of the bidding law also contributed to the rise and increase of the number of property embezzlement cases in this field. Some shortcomings of the Budget Law also create loopholes for people with positions and powers to take advantage of to appropriate property when they are assigned to manage the fund and the allocated budget. For example, in Article 58 of the State Budget Law 2015, there are measures to deal with temporary shortages of 14 state budget funds, but there is no provision on dealing with temporary surplus of state budget funds. This omission has led to the situation when the budget is in excess, positions and powers can be easily used to make false invoices, settlement documents and appropriate the balance of the budget fund. 2.2.1.3. Causes related to limitations in the organization and state management of land management activities include the following limitations: State agencies, according to the decentralized management, have the power to decide on land as the representative of the owner and the right to decide on the management of land as state management agencies; This integrated provision has been exploited by persons with positions and powers to appropriate benefits obtained from land. The 2013 Land Law recognizes the mechanism of exchanging land for infrastructure in the form of construction and transfer projects is one of the potential factors at risk of property corruption from this activity. 2.2.1.4. Causes related to limitations in the organization and state management of banking and credit activities include the following limitations: Regulations on licensing conditions for commercial banks and credit institutions have not ensured publicity and transparency, leading to a massive establishments of commercial banks and credit institutions. Some people have positions and powers to take advantage of such establishment to appropriate property. Some documents under the law on the management of lending and receiving deposits at commercial banks and credit institutions are loose or unclear, so in fact, some people have positions and rights has been taken advantage of to appropriate property of banks or credit institutions. The organization and management activities in the banking and credit sector are still loose and have not met the actual requirements, which also has a significant impact on the arising and increasing the crime of embezzlement in our country reccently. The commercial banking system and branches developed massively, with no planning, and operations revealed many loopholes, driven by profit pressure, loosened credit conditions that is one of the reasons causing property embezzlement in this sector. 2.2.1.5. Causes related to limitations in organization and state management of investment and construction activities include the following limitations: The regulations on the allocation of investment capital and budget management are somewhat unreasonable, creating a loophole for people with positions and powers to take advantage of assets when they are assigned to directly manage and use investment capital from the state budget. 15 The Bidding Law 2013 stipulates cases where appointing contractors are allowed, but in reality the scope of designation is quite wide, while there is no mechanism to closely monitor the implementation of the appointment of contractor, there is no document. The specific guidance should create negative factors for people with positions and powers to take advantage of to appropriate property when assigned the responsibility of managing and using the budget to spend for investment, construction and installation, public procurement. Investment capital management is still lax, such as supervision of project formulation, appraisal, approval, capital allocation, investment decisions and implementation of investment projects has not been implemented closely; Because the subject carrying out the monitoring activity and the subject to be supervised are both managed by an agency, or ministry or branch, there are not enough factors to ensure the objectivity and transparency of the monitoring activity, leading to the operation investment and construction supervision is still procedural, not really effective for the prevention of property corruption in this field. 2.2.2. Nguyên nhân liên quan đến hạn chế của công tác cán bộ 2.2.2. Causes related to the limitations of staff work 2.2.2.1. Causes related to limitations in planning, promotion, appointment and use of staff, including the following limitations: For staff planning: In some sectors, localities have not used the assessment of staff as the main criteria, not derived from the requirements, tasks and practical capacity of staff, not attached planning. With the training, arrangement and use of staff, the planning is still formalistic, lack of feasibility, the quality of the planning is still low, the planning structure is not balanced in terms of qualifications, training occupations, have not met the mission requirements. For the appointment of staff: The appointment of leaders and management through the recruitment examination source has not yet ensured the publicity, lack of objectivity and is not really fair. 2.2.2.2. The reasons are related to limitations in the management and evaluation of staff, including the following limitations: Staff management has revealed many loopholes and weaknesses due to being influenced and affected by many relationships related to material interests. The way of managing cadres still attaches great importance to the resume, family traditions, records management, and qualifications, but overlooks the current political management of each official, leading to the situation that, cadres have deteriorated in morality and lifestyle, abusing their assigned positions and powers to appropriate state property. The management of assets and income of managers and leaders in state economic agencies and units is still the weakest activity in personnel management. 16 Staff assessment is still a weak stage, still has many limitations, so the assessment results do not really reflect the professional capacity and ethical qualities of the staff. The assessment of staff at the end of the working year or before promotion or appointment is still a formality to complete the procedures in the staff profile, but is not considered a channel, an aspect to be able to promptly detect mistakes and weaknesses in the process of executing duties and assigned tasks of cadres and civil servants. Meanwhile, the staff evaluation results are considered as one of the basic criteria when considering appointing leaders and managers for officers. 2.2.2.3. Causes related to limitations in the salary and allowances policy for people with positions and powers include the following limitations: The salary policy is still unreasonable; Most cadres and civil servants do not have enough to live off their salaries, in which a part of cadres lacks bravery have taken advantage of their assigned positions and powers to appropriate state property to satisfy material needs. The remuneration regime for talented people, people with high capacity and professional qualifications is also limited, has not created motivation to encourage their abilities and qualifications to be effective in public service; Allowance regime is still in nature, not commensurate with the nature of assigned specific tasks. 2.2.3. Causes related to limitations in law propagation and education activities 2.2.3.1. Restrictions in determining legal propaganda and education contents Law propaganda and education often focus only on some provisions of the Law on Anti-Corruption, but not to mention the necessary provisions of legal documents for each specific branch and field. Legal propaganda and education content has not been integrated with practical activities, so the results have not met the practical requirements. 2.2.3.2. Limitations in determining objects of law propagation and education The identification of the subjects of legal propaganda and education is still out of place, generally targeting all classes of the people in general, without the selection and classification of subjects when conducting propaganda and education activities on the prevention and prevention of property embezzlement. The identification of subjects of law propaganda and education also has a similarity between individuals and citizens in all different fields with cadres, civil servants and employees in agencies and state owned economy units; There is no classification by groups of subjects based on different criteria, so that there are propaganda and educational contents suitable to each target group. 17 2.2.3.3. Restrictions on forms of propaganda and education on anti- corruption laws The form of propaganda and education on the law on prevention and control of corruption crimes in general and property embezzlement in particular is still monotonous, with no classification of target groups to choose appropriate propaganda forms. Therefore, the propaganda effect is still very limited. 2.2.4. The cause is related to limited activities in detecting and handling property embezzlement 2.2.4.1. Limitations in detecting property embezzlement Detecting crime in time is still one of the factors that have a significant impact on the effectiveness of preventing the crime of embezzlement, or it is the factor that contributes to the generation and increase of the crime of embezzlement. 2.2.4.2. Limitations in prosecuting the case and prosecuting the accused Limitations in prosecution cases and accused are shown in the low rate of prosecuting the case, prosecuting the accused compared with the number of reports, criminal denunciations, prosecution petitions: In the 10 years from 2010 to 2019, the number of criminal reports and denunciations, petitions for prosecution to be resolved is 4505 cases / 8276 people; meanwhile, the number of cases and defendants prosecuted at the same time were 2796 cases, accounting for 62% and 5030 defendants, accounting for 60.7% of the number of cases and people denounced and petitioned for prosecution. 2.2.4.3. Limitations in the process of solving property embezzlement cases The settlement of property embezzlement cases is prolonged due to the following factors: The collection of documents and evidence often faces many difficulties due to being destroyed, concealed, or legalized by procedures; assessment activities still take a long time, the coordination between ministries and branches has not been close; inconsistency in the perception and application of the law between the agencies competent to initiate the proceedings of property embezzlement cases. 2.2.4.4. Limitations in determining the level of criminal liability of offenders The determination of the level of criminal liability to the accused and defendants by the People's Procuracies and People's Courts at all levels in property embezzlement cases is somewhat incompatible with the nature of the act and the extent of the consequences caused by the defendant. This not only affects the severity of the law towards the defendant, but also creates negative effects in general prevention, especially for cases of public concern. This situation has created urgent reactions in the public opinion of the people, eroding people's confidence in the Party and State. But more importantly, if this situation occurs widely, it will 18 become one of the negative social factors that contribute to the actual crime of embezzlement. 2.2.4.5. Limitations in recovery of appropriated property Asset recovery in property embezzlement cases is still very limited, is also one of the factors that reduce the effectiveness of property corruption prevention, because the requirements of anti-corruption in general and property embezzlement in particular must perform thoroughly the recovery of property. 2.2.5. Causes are from the offenders The reality of investigation, prosecution and adjudication of property embezzlement cases in recent years shows that negative factors have a certain impact on the negative psychological characteristics of people with positions and powers, causing greed to arise, leading to them appropriating property for which they are responsible for management, those factors are: 2.2.5.1. Luxurious playfulness, showing the level of a part of people with positions and powers This is a negative social phenomenon that has appeared in the public sector in recent years; demonstrating a luxurious lifestyle, enjoying pleasure, using assets such as villas, vehicles, and clocks worth tens of billions of VND or spending special amounts of money on entertainment services, personal needs to assert the upper class of a part of people with positions and powers. However, to do that, the bureaucrats must have a huge amount of money. That is the cause that arouses their greed, their self-interest and is the factor that motivates them to use their positions and powers as a means of appropriating property they are assigned to manage. 2.2.5.2. To appreciate material benefits, and desire to get rich quick Due to the deterioration of political ideology, morality and lifestyle, when people with positions and powers are assigned to manage the property of the state and the organization, they arise the intention to usurp their assets to serve and satisfy their own different interests. 2.2.5.3. Character of greed, self-interest The reality of investigation, prosecution and adjudication of property embezzlement cases shows that greed and self-interest are considered negative factors that have a permanent role in forming the cause of the offender. CHAPTER 3. MEASURES TO PROMOTE EFFICIENCY PREVENTION OF PROPERTY EMBEZZLEMENT IN VIETNAM IN THE FUTURE 3.1. Evaluation of activities to prevent property embezzlement in Vietnam in recent years The assessment of property embezzlement prevention activities in recent years is the basis for seeing the results achieved, as well as the limitations that need 19 to be overcome of the property embezzlement prevention activities, thereby bringing necessary measures to improve the effectiveness of this crime prevention in our country in the coming time. The prevention of property embezzlement in recent years has achieved remarkable results in building and completing institutions, policies and laws; Anti- corruption measures, including property corruption, have been promoted. However, this activity still has limitations that affect the effectiveness of prevention such as: Resolutions, Directives of the Party on prevention and control of this crime have not been institutionalized in a timely manner; Property embezzlement prevention measures have not been implemented synchronously and consistently; there is no mechanism to link the responsibility of preventive actors with the effectiveness of prevention activities; legal propaganda and education activities, detecting and handling property embezzlement criminals still have certain limitations; the role of political organizations, political organizations, social and media has not been maximized ... 3.2. Forecast of property embezzlement On the basis of the average increase or decrease in the 2010-2019 period, the author can forecast and evaluate the number of cases and the number of offenders of property embezzlement in Vietnam from 2021 to 2030 as follows: the number of property embezzlement cases will have an average increase in the range of 40% to 60% and the number of offenders of property embezzlement will have an average increase of between 55% and 70%. In terms of development, the number of property corruption crimes will tend to increase, when decreasing, in which the number of crimes will have a reduction rate ranging from 3% to 30% and the increase rate fluctuates in about 3% to 50%; The number of offenders will have a reduction ratio ranging from 1.5% to 6% and will increase from 3% to 60%. 3.3. Measures to improve effectiveness to prevent property embezzlement in Vietnam in the coming time 3.3.1. Group of measures related to state management and organization 3.3.1.1. Renewing the way of organizing and managing production and business activities