Which officer will refuse and return the 'gift'?

It is not new for influential officials to suggest or receive gifts. Depending on the type of work and position, the value of the gift can be more or less, big or small, it can be several hundred thousand or tens of billions of dong, it can be material or immaterial.

The distortion of the so-called “gifts” has caused public outrage, eroded the ethics of officials and the trust of the people. And although it has been codified in legal documents, it is still a challenge and a difficulty in the fight against social evils and corruption.

In a recent meeting with the people, in response to suspicions that officials of Tam Hong commune, Yen Lac district, received gifts from land grabbers to avoid removing illegal constructions, Chairman of Vinh Phuc Provincial People's Committee Nguyen Van Tri frankly said: "Any official who is wrong and accepts gifts to cover up violations must be disciplined and public land must be returned to the collective."Not long before, Ms. Nguyen Thi Kim Anh (at that time, Head of the Inspection Delegation of the Ministry of Construction) suggested to the unit: "The inspection subjects in Vinh Phuc province must have gifts for orientation."

What is the “gift” mentioned here if not hundreds of millions, billions, even tens of billions of dong from businesses, organizations, and people? What is that “gift” if not the blatant extortion of those who act in the name of officials? What is that “gift” if not the price paid for ignoring and overlooking the wrongdoings of individuals and organizations? What is that “gift” if not a delicious piece of fat to share, to continue to nurture the chain of interests. What is that “gift” if not the backroom exchange of those who benefit themselves at any cost, even selling their integrity.

It is because of collusion, indifference, corruption, and gifts that urban planning is disrupted by illegal apartment buildings of dozens of floors springing up close together; projects encroaching on public land, taking land from the people and paying for it at a pittance; there are many complaints about land and policy implementation that have not been resolved despite this order or that directive; and violations continue to follow violations.

In the report on the results of anti-corruption work, every year the number of officials and civil servants who returned gifts and the value of the gifts are also recorded. However, no one dares to affirm that officials and civil servants have strictly implemented the regulations on giving and receiving gifts, and have accurately reflected the giving and receiving of gifts.

The 2018 Law on Anti-Corruption took effect from July 1. The Government's Decree detailing a number of articles and measures to implement the Law on Anti-Corruption took effect from August 15, clearly regulating the giving and receiving of gifts by agencies, organizations, units, and people with positions and powers. Gifts that do not comply with regulations must be refused, and those that cannot be refused must be handed over to the department responsible for managing gifts of the agency or unit for handling according to regulations.

The regulation is like that, but whether it is feasible or effective in preventing and fighting corruption is a problem that even people in the legislative body are still concerned about.

They are concerned because the refusal and return of gifts largely depends on the subjective consciousness of the recipient, and not everyone can easily overcome the temptation of gifts. The concern is because not all gifts are material; something to be weighed, measured, counted; something to be brought and returned. The concern is because the power control mechanism is not sensitive and effective, the supervision of organizations and people is not really taken seriously. The concern is because the apparatus is still cumbersome; there is still the giving in the mechanism of asking and giving; there is still a lack of tools to support the development of the behavior of asking for gifts, receiving gifts in violation of regulations; there are still concerns about the accountability and ethics of officials and civil servants, about the transparency and seriousness in handling the behavior of asking for gifts, receiving gifts in violation of regulations.

Only when these concerns are resolved, will the regulation on refusing to accept gifts that do not comply with regulations be feasible, will it expose bribery disguised as gifts, and contribute to the fight against corruption that the Party, State and people are determined to carry out.