The relation between openness transparency and accountability in state governance and the right of access to justice of citizens in vietnam

THE RELATION BETWEEN O PEN N E SS, TRANSPARENC AND ACCOUNTABILIT IN STATE GOVERNANCE AND THE RIGHT OF A CCESS TO JUSTIC E OF CITIZENS IN VIETNAM _ A/ rof Dr ruong B o H ai1 - LLM Dang Viet Dat2 Int oduction Since the end of the t entieth centu y to the p esent, the te ms ofmfo mation disclosu e, t anspa ency, and accountability a e not unkno n to the esea che s and public policymake s in Vietnam and a ound the o ld These a e o iginated in thei impo tance to the equi ement of gove nance quality enhancement, acco ding to the standa ds of good gove nance The ight of access to ustice is a fundamental human ight, ecognized by inte national human ights la and the United Nations Development P og amme (UNDP) has conside ed this ight assu ance that is an impo tant pa t of the UNDP’s mission, so as to educe the pove ty and to st engthen democ atic gove nance in the developing count ies3 To accomplish this task, the UNDP tends to p omote the implementation of info mation disclosu e, t anspa ency, and accountability in the state agencies in gene al and udicial o gans in pa ticula Vietnam is a developing count y, and it has been making effo ts to implement many efo ms since the late 80s of the t entieth centu y, so fa Vietnam has achieved many good esults and become a b ight spot in the Asia - Pacific egion on the Ho Chi Mitth National Academy of olitics 2Academy o f olitics Region IV UNDP, Access to Justice: P actice Note accessed Octobe 20 , p 52 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce pove ty-alleviation Ho eve , Vietnam still is cu ently facing many challenges, fo example, the economic g o th ate is slo ing n, the lo p oductivity and especially, Vietnam is facing the isk of the middle income t ap ; the social inequality is inc easing; the co uption occu s in a va iety and complicated manne ; the mist ial situation in legal p oceedings still occu s; the global competitiveness index is lo ; etc These facts demonst ate that the gove nance quality in Vietnam is not still high; the human ights, fundamental ights and obligations of the citizens a e not ell gua anteed, especially the ight of access to ustice2 To add ess this eality, Vietnam needs to pe fo m ell in the info mation disclosu e, t anspa ency and accountability in the state agencies To cla ify the above, this a ticle aim is to ans e the follo ing questions: What ole does info mation disclosu e, t anspa ency, and accountability play in the state gove nance? What is the impo tance of info mation disclosu e, t anspa ency, and accountability fo the ight assu ance of access to ustice of the citizens? What is the elationship bet een the good state gove nance and the ight assu ance of access to ustice of the citizens? Ho does the implementation of info mation disclosu e, t anspa ency, and accountability in gove nance ith the ight assu ance of access to ustice of the citizens in Vietnam? I format o d sclosure, tra spare cy, a d accou tab l ty - mporta t compo e ts of good gover a ce Since the 80s, the esea che s on policy and public administ ation have b ought an ent ep eneu ial spi it into the public secto , ith the goal of changing o ganizational and executive thinking in the state secto to effectively use public esou ces ( hich a e cu ently sca ce) to bette se ve society The efo e, the te m “gove nance” is inc easingly used, especially in the p og amme of the Wo ld Bank (WB)> the United Nations Development P og am (UNDP), and the Eu opean Union (EƯ), the O ganization fo Economic Co-ope ation and Development (OECD), the Asian Development Bank (ADB), etc Kenichi Ohno and Le Ha Thanh, “ he middle-income trap in Vietnam with the current situation and solutions'\ Vietnam Jou nal o f Social Sciences, (Hanoi, July 20 5) 2, p 33 2Vietnam La ye s Association, CECODES, UNDP, he Vietnam Lawyers Association, CECODE , UND , Justice index: Assessment o fDistributive Justice and Equalityfrom a Citizen-based urvey in 2012 (Hanoi 20 3) pp 2- 3, 7-2 522 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce Acco ding to Ma k Bevi , the te m “state gove nance” efe s to the enti e p ocess of o ganizing and managing the state’s activities ca ied out by many diffe ent sub ects, including the state, ma kets and social institutions th ough fo mal (legal) and info mal institutional systems (customa y la s, ethical no ms, cultu al no ms, eligious no ms, etc ) In pa ticula , the state plays a leading ole, p oactively coo dinating ith othe entities to plan, implement public policy and p ovide public se vices Although the e a e many diffe ent concepts, the theo y of the state gove nance is to aims at giving measu es in o de to p omote democ acy and hum an ights, p omote economic p ospe ity, social stability, and cohesion, educe pove ty, p otect the envi onm ent and make efficient use of natu al esou ces and inc easing the people’s confidence in state institutions In essence, the theo y of gove nance desi es the count ies to un the state acco ding to the standa ds of good gove nance In the vie of the Wo ld Bank> UNDP and the Eu opean Commission2 (this is the mainst eam vie of the cu ent app oach to this te m), the good gove nance is to effectively implement state affai s ith the pa ticipation of many sub ects in society, satisfy social needs, and ensu e the ights of the people and o ganizations This is one of the solutions to ensu e good fo comp ehensive and sustainable development, human ights, and a p ospe ous society Good gove nance leads to the follo ing values: ( ) Expanding the people’s pa ticipation in the state management activities; (2) Making policy on the p inciple of social consensus; (3) Developing a esponsible and t anspa ent administ ation; (4) an efficient and effective accountability; (5) Justice and comp ehensiveness; (6) La -Abiding3 Acco ding to these standa ds, state gove nance must ensu e the pa ticipation of the peopie (the people have a voice in policymaking, have a ep esentative democ acy, and have the f eedom of speech and association); have a society uled bythe la ; have a public and t anspa ent gove nment (the p ocesses and info mation must be accessible to the people, to help them supe vise); the gove nment ca es about the social benefits of ail stakeholde s; c eates b oad consensus in society; t eats fai ly (about oppo tunities to imp ove the quality of all the people's lives); ope ates effectively J Ma k Bevi , overnance: A Very hort Introduction (Oxfo d Unive sity P ess, 20 2), p -3 2Wo ld Bank, overnance: he WorldBank’s Experience Development in ractice (WB, 6); UNDP, overnmance fo r sustainable human development - a UND policy document (UNDP, 7) 3T uong Ho Hai, "An overview o f the state o f tectonic development and good governance”, Jou nal of La (Hanoi, Septembe 20 7) , p 52 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce and efficiently (effectiveness of institutions and p ocesses, efficiency compa ed ith invested esou ces); has accountability (policy decision make s a e accountable to the public and esponsible to the public); and finally, leade s have a st ategic vision (b oad and long-te m vision fo the development of national gove nance and human esou ces fo development) Besides the gove nance must aim to ensu e human ights, fundamental f eedoms, and human dignity (including equality, equality bet een men and omen, ega dless of ace, eligion, class); the needs of futu e gene ations must be taken into account hen developing cu ent policies; policies must meet the people’s ishes and be compensated adequately hen the people’s legal ights and inte ests a e violated In that vie , info mation disclosu e, t anspa ency, and accountability a e impo tant elements of gove nance as these a e impo tant platfo ms (launche s) fo building a p ospe ous nation The eby, the people eally t ust and a e illing to sha e the bu dens of management ith the state Additionally, the state ill be st onge hen eve y citizen ealizes that this is an institution that ep esents them and the cou try w ll prosperous w e everyo e bel eves t at t ey are s ar g t e same mission2 If Deng Zhenglai, Su ian Guo conside that good gove nance must include eight components, such as: ( ) Rule of la , Integ ity; (2) Pa ticipation; (3) Fai ness; (4) info mation disclosu e, t anspa ency; (5) Accountability; (6) Flexible adaptation; (7) Consensus; (8) Effectiveness, Efficiency (Diagram I ) , s Chiavo - Campo and P S A Sunda am have said that good gove nance must ely on fou pilla s, namely “accountability, t anspa ency, p edictability, and pa ticipation”3 It sho s that accountability, info mation disclosu e, t anspa ency, and Pa ticipation a e al ays specially impo tant in secu ing a mode n and democ atic gove nance T uong Ho Hai, “A n overview o f the state o f tectonic development and good governance", Jou nal o f La (Hanoi, Septembe 20 7) , p 6-7 2T uong Ho Hai, “A n overview o f the state o f tectonic development and good governance”, Jou nal o f La (Hanoi, Septembe 20 7) , p S Chiavo - Campo and P S A Sunda am, erving and Maintaining: Improving ublic Administration in a Competitive World (t anslated by Nguyen Canh Binh et al , National Politics, Hanoi, 2003), p 52 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce D agram : Compo e ts o f good gover a ce ource: Compiled f om Deng Zhenglai, Su ian Guo (20 ) Accountability is “the ability to ans e and take esponsibility fo the consequences” This sho s that, firstly, officials have the esponsibility to pe iodically ans e ho they have used thei autho ity, he e esou ces a e used, ho the esults a e achieved and the eason hy it did not meet the set goal econdly>besides inte nal accountability, officials need to inc ease exte nal accountability to ensu e exte nal cont oi of the quality of public se vice delive y The entity that makes and implements policies and la s is accountable not only to supe io agencies and to elected bodies but also to the p ivate secto and public social o ganizations and the pa ties involved in those egulations hirdly, officials a e esponsible (i e legal esponsibility, political esponsibility) fo the esults of thei official duties Acco dingly, the institutional system must be capable of clea ly defining esponsibilities and holding officials accountable fo the esults of thei official duties, especially heads of agencies and o ganizations Thus, autho ites can be a lack of accountability unless the e a e info mation disclosu e, t anspa ency, and a full and accu ate legal system Deng Zhenglai, Su ian Guo, China's searchfo r good governance (Published by Palg ave Macmillan, 20 ), p 17 525 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce The info mation disclosu e and t anspa ency of the state's activities can be conside ed in the follo ing main aspects Firstly, the gove nment must p ovide the info mation on facts elated to policies by itself, such as ho data a e used as a basis fo policy fo mulation, actual effects, consequences, and methods applied in p actice Besides the info mation sou ces and the att ibutes of the info mation (unde standability, consistency, comp ehensiveness, honesty, quality and eliability) also play an impo tant ole in ensu ing the info mation disclosu e and t anspa ency of the gove nment econdly, the ability of the citizens to have access - di ectly o indi ectly “ to the autho ities’s eco ds and documents (except fo matte s elated to national secu ity, inte nal info mation of agencies and o ganizations); publicizing meetings (fo example, the meetings of autho ities at all levels except fo inte nal meetings of agencies o the meetings elated to national defense and secu ity) hirdly, befo e d afting and implementing policies, the gove nment must consult ith elevant stakeholde g oups systematically, including the the dissemination of the info mation and handling of the comments eceived th ough such consultation Fourthly, p ocedu es (administ ative p ocedu es, udicial p ocedu es) fo dealing ith o ks bet een the people and the state agencies o bet een state agencies must be published fully, accu ately, timely Also this p ocedu es must be accessable Fifthly, policies and la s must ensu e elative stability, consistency, and allo fo ecasts about ho the state ill apply in p actice The efo e, the autho ities needs to stipulate specifically the content, time and manne of implementation of the autho ities’ info mation disclosu e, t anspa ence, and accountability to the people and othe autho ities Thus, info mation disclosu e, t anspa ency, and accountability a e closelylinked to the effectiveness and validity of the gove nance, especially in combating and p eventing co uption In 2008, at the 3th Inte national Anti-Co uption Confe ence (IACC) in Athens (G eece), they identified a dose connection bet een info mation disclosu e, t anspa ency, and accountability fo co uption: Co uption = (Monopoly + No info mation disclosu e, concealing the info mation) - Accountability2 The efo e, in o de to effectively p event and fight against co uption, it is necessa y to inc ease info mation disclosu e, t anspa ency, and accountability Dao T i ƯC, Law-governed state curriculum (Vietnam National Unive sity, Hanoi 20 5) p 37- 38 Dinh Van Minh, “ ood governance and anti-corruption”, Nguyen Thi Que Anh, Vu Cong Giao and Nguyen Hoang Anh, heories, models, approaches on state governance and anti-corruption (Hong Due, 20 8) p 36 526 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP _ Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce I format o d sclosure, tra spare cy, a d accou tab l ty to e sure t e c t ze s* r g t to t e access to just ce Access to ustice is one of the fundamental human ights, unde stood as: “The ights of the people to seek and achieve compensation o emedy th ough fo mal and info mal mechanisms unde inte national standa ds of human ights” Acco dingly, access to ustice is conside ed p ima ily in t o aspects2:firstly, the right to a fai t ial3; secondly, the ight to seek compensation o emedy fo the in ustices o damages suffe ed by an individual o a g oup of individuals, especially by vulne able social g oups The efo e, access to ustice is the ight of eve y citizen to equi e the state to take all measu es to ensu e thei legitimate ights and inte ests hen the e a e disputes o inf ingements of thei ights occu In the p ocess of ensu ing the ight to access to ustice fo the citizens, many sub ects a e involved, but the cou t plays the most impo tant ole because afte all, the natu e of access to ustice is access to the cou t hich implies access to the udicial p ocess and p ocedu es of a t ibunal Mean hile, the cou t is also a public autho ity, an impo tant institution of state gove nance, so this institution must be o ganized and ope ated in info mation disclosu e, t anspa ency, and accountability unde good gove nance standa ds Ensu ing that the ight to access to ustice is the efo e both a goal of udicial activities and a condition to ensu e the enhancement of udicial esponsibility and its level of integ ity Consequently, info mation disclosu e and t anspa ency in udicial activities is the most impo tant equi ement to ensu e that the people can access the cou t hich is access to ustice Info mation disclosu e and t anspa ency in udicial activities a e impo tant values, especially in udicial activities Justice must be not only enfo ced but also seen to be enfo ced” To info mation disclosu e and t anspa ency, the cou t must ensu e that the people and the media can attend the t ial and it must al ays be available to the public to access to documents in the cou t, especially udgments and othe decisions, as ell as administ ative info mation elated to the cou t UNDP, rogramming for Justice: Accessfor All A ractitioner’s - uide to a Human Rights-Based Approach to Septembe 20 » p 2Eu opean Agency fo Fundamental Rights, Eu opean Cou t of Human Rights and Council Eu ope, Handbook on Eu opean la elating to access to ustice (20 6) accessed Septembe 20 La ye s Committee fo Human Rights (2000), What is a Fai T ial? A Basic Guide to Legal Standa ds and P actice (2000) accessed Septembe 20 Accessto Justice, (UNDP Regional Cent e in Bangkok, 2005), accessed 527 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce The o ganization system of cou ts must be dete mined on the basis of p ope and monious combination of the p inciple of te ito y and the p inciple of u isdiction, to ensu e favo able conditions fo the exe cise of the ights to access to ustice of the citizens In the p ocess of esolving a specific dispute, the competent state autho ity must p ovide official info mation in the egulations about the o de , p ocedu es and ievel of cou t fees so that eve yone kno s, h en handling the case, the cou t must clea ly notify die eceipt o non- eceipt of the case file to the plaintiff ithin the time specified Afte that, the cou t must post publicly the time and venue fo opening the t ial so that all the people inte ested can attend and monito the t ial p ocess (except fo cases hich e e hea d in p ivate) Additionally, info mation disclosu e and t anspa ency in esolving cases o disputes a e one of the conditions fo competent state agencies and society to monito the settlement of cases, the eby cont olling udicial ights The efo e, the cou t must al ays be esponsible fo ensu ing info mation disclosu e and t anspa ency du ing the t ial p ocess unless it is necessa y to keep state sec ets, t aditions and customs of the nation, p otect the mino s o keep p ofessional sec ets, business sec ets, o pe sonal sec ets at the p ope equest of the litigants In such cases, the cou t may hold the t ial in p ivate Ho eve , cases of t ial in p ivate must be clea ly and st ictly stipulated by la so to avoid misuse of this p ovision to conceal the info mation in the p ocess of handling and settling cases Mo eove , info mation disclosu e and t anspa ency in udicial activities a e aimed at ensu ing the necessa y conditions fo each citizen to imp ove thei ability to access ustice (fi stly the state administ ative agencies and secondly the cou ts) In p actice, not eve yone is able to exe cise the ight to access to ustice ell because of limitations on legal kno ledge, complexity of legal p ocedu es, and lack of esou ces o obst uctions on psychology, cultu e and info mal institutions The efo e, assu ance of the ight to access to ustice fo the people is “the esponsibility of the system of legal agencies, autho ities and la ye s in p oviding p ofessional kno ledge, time and intelligence to help all the people have the ight to expect the ability to access ustice” Along ith info mation disclosu e and t anspa ency, accountability in udicial activities is an indispensable equi ement to build a ustice integ ity backg ound, so that the cou t is t uly a embodiment of ustice and good p otection of human ights The efo e, in o de to ensu e the ight of the citizens to access ustice, udicial autho ities and the cou ts must fi st be esponsible fo : ( ) publishing udgments ith 528 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess> Tra spare cy a d Accou tab l ty State Gover a ce a guments fo those udgments; ensu ing the ight to appeal o p otest (note, if the citizen has appealed to the highest level of the t ial and continues to appeal fu the , the state must have a mechanism to eplace the cu ent mechanism); publishing annual epo ts o f the cou t; (2) udges and cou ts must be accountable fo thei affai s; (3) in cases that the people a e negatively affected by a ong decision of a cou t, the u y, especially the udge (p esiding at the t ial) and the cou t must pay compenstation to such people and take legal esponsibility fo the ongdoing by the la Judicial accountability is a equi ement of ensu ing the ight to fai t ial, the ight to compensation and esto ation of the ights and inte ests of agg ieved the people and the p inciples of ustice, and the ule of la to p event udicial violations of human ights, udicial co uption and othe fo ms of udicial ong doing If a udicia y lacks accountability to the society, it ill iose t ust of society To effectively implement the citizens' ight to access to ustice in public se vice, the citizens must have the capacity and conditions to comment on the state’s decisions, so the state must apply the info mation disclosu e, t anspa ency, and accountability fo its tasks and po e s, especially in complaint settlements, denunciations and administ ative la suits Ensu ing the ight to access to ustice elated to the exe cise of legal ights and human ights, in any society, the e a e al ays disadvantaged people ho not have the capacity to access ustice themselves, so they need legal aid The efo e, it is the esponsibility of the state to p ovide legal aid and suppo t to the people, especially the poo and the disadvantaged, so that eve yone can be t eated equally by the la and a e p otected by the la Good gover a ce a ms to e sure t e c t ze s’ r g t to access to just ce The assu ance ofthe people’s ight to access to ustice is an impo tant equi ement in any la -gove ned society so this is also the goal of good gove nance (Diagram 2) The people should thus have the st ong “suppo t” of la and la enfo cement agency, as ell as adequate compensation hen thei legal ights and inte ests a e violated Ho eve , this obvious thing can only be gua anteed ell hen the state is eally esponsible to the people and se ves the people 52 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce D agram 2: Target t ee d agram good gover a ce ource: Adapted f om The Wo ld Justice P o ect and Wo ld Wide Gove nance Indicato s2 Acco ding to he WJ ( he World Justice roject) of the Wo ld Bank (WB), the ight to access to ustice is measu ed by: “Access to Civil Justice” and “Effective C iminal Justice” Th ough these facto s, the p o ect believes that the people can peacefully and effectively esolve disputes o acts that violate thei ights by common social no ms instead of eso ting to violence o self- esolution3 In Vietnam, the ight to access to ustice is bullded by the Vietnam La ye s Association (VLA), the Cente fo Community Suppo t & Development Studies (CECODES) and the United Nations Development P og am (UNDP) ith th ee indicato s: ( ) Access to legal info mation; (2) Access to legal se vices; and (3) Affo dability fo legal se vices The ight to access to ustice is one of fou components to measu e the ustice index (access to ustice; fai ness and equality; la enfo cement; and basic ights)4 It comes ith the follo ing gdals:, To p ovide eliable datas - summa ized f om public opinion, ob ective and independent sou ces of the info mation - to the Gove nment, ente p ises and social o ganizations These datas help analyze, evaluate and monito activities of udicial agencies in ensu ing access to ustice, equality and p otection ofthe ights ofthe people, especially the disadvantaged g oups; To facilitate elative analysis and compa isons on ! “The Wo ld Justice P o ect” t uy cập ngày / /20 World Wide overnance 7«dicữfo s t uy cập ngày / /20 Ma k David Ag ast, Juan Ca los Bote o and Ale and o Ponce, Rule o f Law Index 2011 (The Wo ld Justice P o ect 20 ) p 4Vietnam La ye Association, CECODES, UNDP, Justice Index 2015 - owards a system for the people (Hanoi 20 6) p 40-4 ,66-68 justce 530 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce cont ol of p ope ty t ansactions and cont ol of income is still limited The situations of taking advantage of cultu al t aditions about giving gifts, thanks fo giving and co uption fo self-inte ested motives, hich a e quite popula ; egulations and the implementation ofthe egulations on gift su ende a e still fo mality, lack offeasibility, and lo effectiveness, so it is needed to have specific egulations on sanctions and institutionalization by la econdly, the numbe of leade s that have been sanctioned fo co uption is less than the numbe of co uption cases discove ed The eason of this is the connivance of officials and a lack of dete mination, ega d, and avoidance in handling such cases On the othe hand, in many cases it has put the head in a position of conflict of inte est If it is actively checked and co uption detected inte nally, he may face handling cases that affect the eputation and achievements of himself and his unit hirdly, the handling of co uption in many cases is still not st ict and timely The measu es to suppo t udicial activities a e still limited, not meeting equi ements, especially the udicial expe tise in the fields of finance, banking, capital const uction investment, science and technology and so on Co upt behavio s a e becoming mo e and mo e sophisticated and complex, so it is difficult to detect and handle them The ate of co upt assets evocation, although inc easing eve y yea , is still much lo e than the amount of app op iated assets; co upt assets in some cases a e dispe sed and hidden, uncont ollable and difficult to ecove In 20 3, the sum of money and co upt assets ecove ed as less than 0%; in 20 4, it as only ove 22% Compa ing the above figu e ith the total actual value of app op iated assets, then the ate is much lo e In gene al, the ineffective coo dination of la enfo cement agencies (focus on police agencies, p ocu acies, and cou ts) has not c eated a sufficiently st ong legal mechanism to eve se co uption in Vietnam in ecentyea s Additionally, it isnecessa y fo the institutions of inspection and independent investigation to be pe fo med ith integ ity and efficiency so as to ensu e the effective Mfxllment of accountability Ho eve , these institutions have not been gua anteed ell yet in Vietnam Cu ently, the count y has th Cent al Stee ing Committee fo Anti-Co uption di ectly unde the Cent al Committee of the Communist Pa ty of Vietnam, the Gove nment Vietnam Communist Pa ty online ne spape , “Recovery o fcorrupt assets - Reality o f Vietnam and international expe ience”, accessed on Ma ch 3,20 535 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce Inspecto ate di ectly unde the Gove nment, ca ying out the inspection tasks of the State agencies’s activities Table 2: Corrupt o Percept o I dex (CPI) ea 20 20 20 20 20 20 20 20 20 200 2008 2007 2006 G ade 33/ 00 35/ 00 33/ 00 / 00 / 00 / 00 / 00 27 27 27 26 26 t e per od o f 2006-20 Rank 7/ 80 07/ 80 3/ 76 2/ 68 / 75 6/ 77 23/ 76 2/ 83 6/ 78 20/ 80 / 80 23/ 80 / 63 ource: T anspa ency Inte national - The Global Anti-Co uption Although the sco e has inc eased slightly, on a scale of - 00 of the CPI (of hich is high co uption and 00 is ve y pu e), sco es of 33/ 00 in 20 sho that Vietnam has not made significant changes in pe ceptions of co uption in the public secto and they continue to be in the g oup of the count ies he e the co uption is pe ceived to be se ious (Table 2) A se ies of pa ticula ly se ious violations of la had been discove ed and handled in the past, such as La Thi Kim Oanh (Minist y of Ag icultu e and Ru al Development), a co upt case at Vietnam Oil and Gas G oup, the issue of textiles quotas (Minist y of T ade), PMƯ case (Minist y of T anspo t), land co uption in Do Son (Hai Phong), Vinashine case, Vinaiines case, the key co uption cases b ought befo e the XII Cong ess of the Pa ty2, la ge co uption T anspa ency Inte national - The Global Anti-Co uption, dated Septembe 5, 20 2The key co upt cases befo e the XII Pa ty Cong ess: ( ) the case of Lam Ngoc Khuan and his accomplices; (2) the case of Pham Van Cu and his accomplices; (3) the case o f T an Quoc Dong and his accomplices; (4) the case of Duong Thanh Cuong and his accomplices; (5) the case of Vu Quoc Hao and his accomplices; (6) the case of Pham Thi Bich Luong and he accomplices; (7) the case of Le Hung Son and his accomplices; (8) the case of 536 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce cases (hea d in 20 8) , 08 g eat co upt cases (hea d in 20 )2, etc Nguyen The Dung and his accomplices (B T Ngoc, “Hold hea ings the of key co upt cases befo e the XĨI Pa ty Cong ess”, http://nld com vn/ứioi-su-t ong-nuoc/xu-8-vu-an-tham-nhung-t ong-diem-t uoc-dai-hoi-xii-cuadang-20 50 05054054 htm dated Septembe ,20Ỉ5) ! The case of Dinh La Thang and his accomplices ho committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” and “Embezzlement” in the Vietnam Oil and Gas G oup (PVN); The case o f T inh Xuan Thanh and his accomplices ho committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” and “Embezzlement” in the Pet o Vietnam Const uction Joint Stock Co po ation- PVC and Pet oleum Po e P ope ty loint Stock Company - PVP Land; The case o f Phan Van Vinh (fo me Lieutenant Gene al and fo me Di ecto Gene al of the Police Gene al Depa tment), Nguyen Thanh Hoa ( fo me Ma o Gene al and fo me Di ecto of the Police Depa tment fo Hi-tech C ime P evention), Nguyen Van Duong and his accomplices ho committed the c ime of “Using the inte net to app op iate assets”, “O ganizing gambling”, “Gambling”, “Illegally t ade invoices”, “Money launde ing”, “Giving b ibes” and “abusing position and po e hile pe fo ming duties” in Phu Tho p ovince and some localities; The case of Ha Van Tham and his accomplices ho committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences”, “Violating the egulations on lending in the ope ation of c edit institutions “Abusing position and po e to app op iate assets” and “Embezzlement” in Ocean Comme cial Joint Stock Bank- Ocean Bank; The case of T an Phuong Binh and his accomplices ho committed the c ime of "Delibe ately violating the State’s egulations on economic management causing se ious consequences” and “Abusing position and po e to app op iate assets” in the Dong A Comme cial Joint Stock Bank - DAB; The case of Phan Van Anh Vu and his accomplices committed the c ime of “Delibe ately disclosing State sec ets” and “Abusing position and po e to app op iate assets” in the Nova Bac Nam Company and Dong A Comme cial Joint Stock Bank- DAB; The case o f Chau Thi Thu Nga and he accomplices ho committed the c ime o f “F aud to app op iate assets” in the Housing Const uction and Investment Joint Stock Company - Housing G oup; The case of Pham Cong Danh and his accomplices committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” in the Vietnam Const uction Bank - VNCB; The case o f Hua Thi Phan and he accomplices ho committed the c ime of “Abusing the t ust to app op iate assets” and “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” in the T ust Bank; The case of Huynh Cong Thien and his accomplices ho committed the c ime of “F aud to app op iate assets” and “Violating the egulations on lending in the ope ation of c edit institutions “ in the Joint Stock Comme cial Bank fo Investment and Development of Vietnam(BIDV) - Tay Sai Gon B anch (Ha Cam Phong, “ g eat cases on the economic, co uption and typical cases b ought to t ial in 20 8” dated Octobe 2,20 Ma k David Ag ast, Juan Ca los Bote o and Ale and o Ponce, Rule of Law Index 2011 (The Wo ld Justice P o ect 2011) Ma k David Ag ast, Juan Ca los Bote o and Ale and o Ponce, Rule of Law Index 2014 (The Wo ld Justice P o ect 20 4) Ma k Bevi , overnance: A Very hort Introduction (Oxfo d Unive sity P ess, 20 2) S Chiavo - Campo P S A Sunda am, Se ving and Maintaining: Imp oving Public Administ ation in a Competitive Wo ld (Nguyen Canh Binh and T anslated pa tne s, National Politics, Hanoi, 2003) Eu opean Agency fo Fundamental Rights, Eu opean Cou t of Human Rights and Council Eu ope, Handbook on European law relating to access tojustice (20 6) accessed Semptembe 20 Communist Pa ty of Vietnam, Document of the 12th National Representative Congress (National Politics 20 6) Hoang Diep, “Announcing 'g eat cases’ to be t ied in 20 ” dated 22 May 20 Viet Due, vib ant in ustice cases in Vietnam dated August 20 Vu Cong Giao, “Right to access to ustice and the ole of the cou t in ensu ing this ight” in Dao T i ƯC and Vu Cong Giao, Justice and the ight to access to ustice (Hong Due 20 8) 544 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce Vu Cong Giao, Nguyen Hoang Anh, Dang Minh Tuan and Nguyen Minh Tuan (Edito ), Good gove nance: Theo y and P actice (National Politics - T uth 20 7) T uong Ho Hai, “An ove vie gove nance” Jou nal o f La of the state of tectonic development and good (Hanoi, Septembe 20 7) Ba y M Hage , he Rule of Law - A Lexicon for olicy Makers ('The Mansfieid Cente fo Pacific Affai s ) La ye s’ Association, CECODES, UNDP, Justice Index 20 - owards a justice systemfor thepeople (Hanoi 20Ỉ6) La ye s’ Association, CECODES, UNDP, Justice Index: The situation of fai ness and equality based on people’s opinions in 20 (Hanoi 20 3) La ye s Committee fo Human Rights (2000), What is a Fair rial?A Basic uide to Legal tandards and ractice (2000) accessed Semptembe 20 20 Dinh Van Minh, "Good gove nance and anti-co uption”, Nguyen Thi Que Anh, Vu Cong Giao and Nguyen H oan Anh, theo ies, models, app oaches on state gove nance and anti-co uption ( Hong Due 20 8) “Dissecting the” sto y “of Vinashin: mistakes”, c https:// times of inspecting but not detecting baomoi com/mo~xe-cau-chuyen-vinashin- -lan-thanh-kiem-t a- nhung-khong-phat-hien-sai-pham/c/4787838 epi> dated August 20 22 Chu Thi Ngoc, “Ensu ing the ight to access to ustice - a equi em ent in ensu ing the hum an ights of the cou t”, Jou nal o f Hanoi National Unive sity Science, La , (Hanoi National Unive sity, Hanoi) Vol 33,20 7) 23 B T Ngoc, “Handling key co uption cases befo e the 2th Pa ty Cong ess”, http://nỉd,com vn/thoi“Su-t ong-nuoc/xu-8"Vu-an-tham“nhung"t ong-diem-t uoc*-dai-hoi“ xii-cua-dang-20 50 05054054 htm dated Septembe 20 5) 24 Wo ld Bank G oup and Minist y of Planning and Investment, Vietnam Repo t 2035: To a ds P ospe ity, Innovation, Justice and Democ acy (Hong Due 20 6) 25 Kenichi Ohno and Le Ha ĩĩiạnh, Hie middle-income t ap in Vietnam ith the cu ent situation and solutions, Vietnam Jou nal of Social Sciences, (Hanoi, July 20 5) 26 Ha Cam Phong, " ma o economic, co uption and typical cases to be t ied in 545 PROCEEDINGS OF THE INTERNATIONAL WORKSHOP Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce 20 8” dated 04 August 20 V V Thanh, Vien Su, The P ime Ministe asked to stop c iminalizing the Xin Chao case