How to combat transnational bribery?
(Baonghean) - In the context of global economic integration, it is not uncommon for manufacturing and trading companies in one country to bribe officials in another country to smuggle their goods, materials, and equipment into the host country.
In recent years, the bribing of Vietnamese officials by foreign companies has occurred repeatedly. Considering only the major cases (famous not only in Vietnam but also causing public uproar in many countries), we can cite the following three typical examples. First, the bribery case involving PCI – Pacific International Consulting Company (Japan) – bribing officials of the Project Management Unit (PMU) in Ho Chi Minh City. This case involved Japan prosecuting its officials for bribing Vietnamese officials to secure an elevated railway project using ODA funds. The defendants in Japan clearly stated in court that they paid 70 million yen (equivalent to 640,000 USD) to three high-ranking officials (whose names are clearly known) of the Vietnam Railway Corporation... And most recently, the bribery case involving Bio-Rad Laboratories, a medical equipment manufacturing and trading company, amounting to 2.2 million USD, to the Vietnamese health sector.
Transnational bribery is no longer unfamiliar to our officials. Currently, this vice is becoming increasingly complex and has caused serious consequences. This situation demands that our laws be reformed more dynamically, with appropriate penalties to promptly address the new and emerging offenses.
The question is, why are all cases of corruption and bribery involving foreign elements in Vietnam discovered... outside of Vietnam? In many cases, only when the matter is exposed and can no longer be covered up do our authorities and relevant agencies panic and get involved. There are also cases like the railway bribery case, where the Japanese prosecuted their officials for giving bribes, but none of the Vietnamese officials who received the bribes have been punished! This case remains unresolved, with investigators claiming they "couldn't find the culprits"! Amazing! The bribe-giver has been punished, but the recipient of the bribe remains "unaccounted for." Is there a loophole in Vietnamese law, or is the way our law enforcement agencies handle the situation inadequate, confused, and unable to address the issue?
Regardless, the inadequate and somewhat clumsy handling of the situation by some officials in relevant agencies, as seen recently, may set a bad precedent: Those who receive bribes can rest assured that even if a foreign court uncovers the case, domestic law will not necessarily hold them accountable.
It is well known that in today's integrated and open market economy, transnational bribery can take many forms. Bribes can be given directly, but they can also be disguised in many ways and forms, such as promotions, rewards, gifts, and stock options. Therefore, defining the crime of accepting bribes is fraught with difficulties and complexities.
However, in principle, regardless of how bribery manifests itself or takes form, the law must proactively adapt to specify the offense, define the crime, and impose appropriate and deterrent penalties to help prevent its spread in society. Hopefully, in the future, our country's fight against corruption and transnational bribery will see even more progress!
Thach Quy
