马克思主义研究网Marxism Research Network

Unofficial English translation by DeepSeek, a Chinese LLM · source marxism.cass.cn

Corruption Governance of the Communist Party of Vietnam during the Reform Period: Stages, Main Achievements, and Basic Experiences

王贤 范文德:革新时期越南共产党的腐败治理:阶段历程、主要成效与基本经验

· · Marxism Abroad · Theoretical Horizon 2021, no. 9 · 25 min read

Since the mid-1980s, driven by the wave of economic globalization, countries around the world have actively adjusted their development strategies and accelerated the pace of economic opening up. In this wave, Vietnam, once regarded as one of the backward countries in Southeast Asia, precisely seized this opportunity, boldly took the step of “reform,” and gradually explored a path suitable for its own development. Since entering the reform period, Vietnam’s economy has achieved unprecedented rapid and stable development, attracting the attention of countries around the world. However, alongside rapid economic development, Vietnam has also faced various crises and challenges. One of the “four major crises” is the serious corruption problem, which is called a “national calamity” by the Vietnamese people. Therefore, Vietnam’s reform and development history is also a history of the Communist Party of Vietnam and the government continuously struggling against corruption. The achievements it has made in corruption governance have also attracted worldwide attention. China and Vietnam are both socialist countries. In decades of reform and development, both sides have faced many pressures and problems related to economic development and corruption governance. Currently, China is making every effort to advance corruption governance. In this process, strengthening the study of the history and experience of corruption governance of the Communist Party of Vietnam can not only deepen our understanding of Vietnam but also provide some references

20世纪80年代中期以来,在经济全球化发展浪潮的推动下,世界各国都积极调整发展策略,加大经济对外开放步伐。在这一浪潮中,一向被视为东南亚落后国家之一的越南,精准地抓住这一契机,大胆地迈出了“革新”步伐,并逐步探索出一条适合自身发展的路子。进入革新时期以来,越南的经济获得了前所未有的快速、稳定发展,并引起了世界各国的瞩目。然而在经济飞速发展的同时,越南国内也面临着各种危机和挑战,其中的“四大危机”之一,就是被越南国民称为“国难”的严重贪腐问题。因此,越南的革新发展史,也是越南共产党和政府不断地同腐败现象作斗争的历程,其在腐败治理方面所取得的成绩也同样为世人所关注。中国与越南同为社会主义国家,在几十年的改革发展中,双方都面临着经济发展与腐败治理的诸多压力与问题。当前,我国正全力推进腐败治理,在这一进程中,加强对越共腐败治理历程与经验的探究,不但可以加深对越南的了解,还可以为我国的腐败治理提供一些参考。

I. The Phased Process of Corruption Governance by the Communist Party of Vietnam

一、越南共产党腐败治理的阶段历程

Since 1986, the Communist Party of Vietnam has continuously carried out corruption governance for several decades. Based on the main content of its governance, the primary means and methods adopted, and the main characteristics exhibited, we can roughly divide this process into three distinct stages.

自1986年以来,越南共产党持续开展了几十年的腐败治理。根据其治理的主要内容、采取的主要手段和方式及呈现的主要特征,我们可以将这一过程大致划分为三个不同阶段。

(A) The Stage of Campaign-Style Anti-Corruption (1986-2005): Conducting Multiple Party Rectification and Consolidation Campaigns, Continuously Strengthening Ideological Education and the Purification of Party Membership

(一)运动反腐阶段(1986-2005):多次开展整党整风运动,不断加强思想教育与党员队伍净化工作

In December 1986, the Sixth National Congress of the Communist Party of Vietnam made the decision to carry out comprehensive reform (Đổi Mới), marking Vietnam's entry into a new period of socialist modernization. However, the further development of reform also brought increasingly serious governance problems to Vietnam. Corruption among Party cadres and members became widespread, embezzlement was shocking, and extravagance, waste, and bureaucratism were also quite severe, creating a bad influence among the people. Regarding the corruption problem, Ho Chi Minh pointed out succinctly: "Corruption, embezzlement, and bureaucratism are quite dangerous enemies lurking among the people, the army, and the government." [1]1 Ho Chi Minh (1890-1969) was the founding father and long-time leader of the Democratic Republic of Vietnam (North Vietnam) and the Communist Party of Vietnam. In his view, to maintain the advanced nature of the Party membership, it was necessary to eliminate the "rotten, outdated things" within it, preserving the Party's purity and combat effectiveness, and the fundamental method was to comprehensively launch a Party rectification campaign. To this end, after the Sixth Party Congress, the Communist Party of Vietnam launched a vigorous, large-scale Party rectification and anti-corruption campaign, whose main purpose was to further purify the Party membership, strengthen anti-corruption education, and eliminate various negative and corrupt behaviors. This campaign was carried out in two phases. The main task of the first phase (end of December 1986 to September 1987) was to strengthen ideological education for Party members and eliminate unqualified grassroots Party members and Party organizations. In just nine months of the campaign, a total of 190,000 Party members were purged. The main purpose of the second phase (October 1987 to the end of 1990) was to review and evaluate leading cadres and expel from the Party organizations those considered "corrupt, degenerate" and "those with improper conduct." [2]2 The Sixth National Congress of the Communist Party of Vietnam (1986) initiated the Đổi Mới (Renovation) reforms, transitioning from a centrally planned economy to a socialist-oriented market economy. According to incomplete statistics, about 50,000 Party members were expelled from the Party in the second phase.

1986年12月,越南共产党的第六次全国代表大会做出了进行全面革新的决定,这标志着越南进入了社会主义现代化建设的新时期。然而,革新的进一步发展也给越南带来了日益严重的治理问题,党员干部腐败普遍发生,贪污行为触目惊心,铺张浪费与官僚主义现象也相当严重,在人民群众中造成了恶劣的影响。针对腐败问题,胡志明曾一针见血地指出:“贪污腐败和官僚主义是潜藏在人民、部队和政府当中相当危险的敌人。”[1] 在他看来,党员队伍要保持先进性,就要清除其中“腐朽、陈旧的东西”,保持党的纯洁性和战斗力,其根本方式就是全面开展整党运动。为此,党的六大以后,越共发起了一场轰轰烈烈的大规模整党反腐运动,其主要目的是进一步净化党员队伍、加强反腐教育和消除各种消极、腐败行为。这一运动分两个阶段进行。第一阶段(1986年12月底—1987年9月)的主要任务是加强对党员进行思想教育,清除不合格的基层党员和党组织,其在短短9个月的运动中,一共清理了19万名党员。第二阶段(1987年10月—1990年年底)的主要目的是对领导干部加以审查和评估,并将那些被认为是“腐败、堕落”以及“行为不轨的人”清除出党组织。[2] 据不完全统计,第二阶段约有5万名党员被清除出党组织。

After the end of the first large-scale campaign, to further consolidate the anti-corruption achievements, in 1993, the Communist Party of Vietnam again launched a large-scale Party rectification and anti-corruption campaign, investigating and purging approximately 23,000 Party members, accounting for about 1.1% of all Communist Party of Vietnam members. [3]3 The Fourth Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam was a meeting of the Party's top leadership focused on reviewing and adjusting Party policies. In 1998, the National Assembly of Vietnam promulgated several laws and regulations related to corruption governance, such as the *Law on Cadres and Civil Servants*, the *Law on Thrift Practice, Waste Prevention*, and the *Law on Anti-Corruption*, to further achieve the goal of punishing corruption and consolidating the anti-corruption effect. [4]4 The Tenth National Congress of the Communist Party of Vietnam was held in 2006. Starting in May 1999, the Communist Party of Vietnam further conducted a two-year large-scale Party rectification and anti-corruption campaign. This phase of the campaign also punished a group of high-ranking officials, including a Deputy Prime Minister, the Governor of the State Bank, and the Director General of Customs. However, in 2000, a large-scale sample survey on the Party's corruption problem conducted by relevant Vietnamese institutions, involving 160,000 Party members and 2,000 Party organizations, found that approximately 43% of Party members and one-third of Party organizations were still suspected of or involved in corruption problems. [5]5 The Politburo is the highest decision-making body of the Communist Party of Vietnam between Central Committee plenums. Thus, it can be seen that the vigorous anti-corruption campaigns did not achieve their expected goals; many of the corruption problems were shelved because they touched the interests of some high-ranking officials. In view of this, at the Fourth Plenary Session of the Ninth Central Committee, the Communist Party of Vietnam seriously summarized the experience of the Party rectification and consolidation campaigns and studied how to carry out anti-corruption work in a more effective manner. After the Ninth Party Congress, the Communist Party of Vietnam continued the Party rectification and anti-corruption campaign for several years, during which about 1% of Party members were disciplined; by 2004, a total of 8,800 corruption cases had been investigated, involving over 12,000 people, of whom more than 2,370 were severely punished. [6]6 The case of the Minister of Transport involved systematic corruption within Vietnam’s transport ministry, leading to the arrest of numerous officials.

第一次大规模运动结束后,为进一步巩固反腐成绩,1993年,越共再次开展大规模整党反腐运动,共查处和清理党员约2.3万人,约占越南全体共产党员的1.1%。[3] 1998年越南国会发布了《干部、公务员法》《厉行节约、反对浪费法》和《反贪污法》等多部与腐败治理相关的法律法规,以进一步达到惩治腐败和巩固反腐效果的目的。[4] 1999年5月起,越共进一步开展了为期2年的大规模整党反腐运动。这一阶段的运动还惩处了包括政府副总理、国家银行行长、海关关长等在内的一批高官。然而,2000年,越南相关机构对党的腐败问题进行的一次涉及16万名党员和2000个党组织的大规模抽样调查发现,仍然有约43%的党员和1/3的党组织涉嫌或存在腐败问题。[5] 由此可见,轰轰烈烈的反腐运动并没有实现其应有预期,其中的很多腐败问题,由于触及一些高官的利益而被搁置。鉴于此,越共在九届四中全会上,认真总结了整党整风运动经验,并研究如何以更为有效的方式开展反腐工作。九大以后,越共持续开展了几年的整党反腐运动,其中约有1%的党员被处分;到2004年,一共查处了8800起腐败案件,涉案人员达1.2万多人,其中2370多人遭受严惩[6]。

(B) The Stage of Rule-of-Law Anti-Corruption (2006-2015): Constructing a Systematic Framework of Anti-Corruption Laws, Regulations, and Specialized Institutions, Focusing on Combating High-Level Official Corruption and Economic Sector Corruption

(二)法治反腐阶段(2006-2015):构建系统的反腐法律法规与专门机构,重点打击高官腐败与经济领域贪腐行为

Before the Tenth National Congress of the Communist Party of Vietnam, although Vietnam's campaign-style anti-corruption had achieved periodic results, its anti-corruption work suffered from problems such as "loud thunder, little rain; treating symptoms, not the root cause; swatting flies, not tigers" [7]7 This refers to the corruption scandal at Vietnam National Shipping Lines (Vinalines), which resulted in significant financial losses., causing much discontent among the people. After the Tenth Party Congress, the corruption problem remained very serious. Based on summarizing experience and analyzing the current situation, the Communist Party of Vietnam realized the importance of strengthening anti-corruption legislation. To this end, in November 2005, the Eighth Session of the Eleventh National Assembly of Vietnam passed the *Law on Prevention and Combating Corruption*, thus achieving specialized anti-corruption legislation for the first time. [8]8 Source reference in the original text. The promulgation of this specialized law marked the beginning of Vietnam's path towards rule-of-law anti-corruption. In 2006, surrounding the *Law on Prevention and Combating Corruption*, the Vietnamese government also issued detailed implementation rules for relevant provisions and a decree on the anti-corruption responsibilities of relevant leaders. Subsequently, in 2007, 2012, and 2017, Vietnam successively revised and improved this specialized anti-corruption law multiple times.

越共十大以前,越南的运动式反腐虽然取得了阶段性成效,但其反腐工作存在着“雷声大、雨点小,只治标、不治本,只打苍蝇、不打老虎”等问题[7],并引起老百姓的诸多不满。越共十大以后,腐败问题依然十分严峻。在总结经验和分析当前形势的基础上,越共意识到了加强反腐立法的重要性。为此,2005年11月,越南第十一届国会八次会议通过了《预防和反对腐败法》,从而第一次实现了反腐败专门立法[8]。这一专门法的出台标志着越南开始走上了法治反腐之路。2006年,围绕《预防和反对腐败法》,越南政府还发布了相关条款的实施细则以及相关领导的反腐责任法令。此后的2007、2012与2017年,越南还先后对这一反腐专门法进行多次修订和完善。

Another major action in Vietnam's corruption governance after the Tenth Party Congress was the strengthening of the establishment of specialized anti-corruption institutions. First, in August 2006, the National Assembly of Vietnam decided to establish the highest national anti-corruption body, the "Central Steering Committee for Prevention and Combating Corruption," to strengthen unified leadership, top-level design, and guidance for the anti-corruption work of lower-level departments. This committee was headed by the Prime Minister, specifically managed by the Minister of Home Affairs, directly subordinate to the Politburo, and its core members included almost all the heads of the main ministries and commissions of the government. [9]9 Source reference in the original text. Second, to better coordinate the anti-corruption work of the Central Steering Committee for Prevention and Combating Corruption, in February 2007, Vietnam also established a new anti-corruption law enforcement agency, the "Anti-Corruption Police Bureau." Third, in May 2012, the Vietnamese government restored the establishment of the Central Ministry of Home Affairs, making it the permanent body of the Steering Committee to assist the committee in its work.

越共十大以后,越南在腐败治理上的另一大作为就是加强专业反腐机构的建立。首先,2006年8月,越南国会决定成立国家最高反腐机构“中央预防和反腐败指导委员会”,用以加强对腐败治理的统一领导、顶层设计以及对下级部门反腐工作的指导。该委员会由总理牵头、由中央内政部部长专门负责,直接从属于中央政治局,其骨干成员几乎包括了政府各主要部委的一把手[9]。其次,为了更好地配合“中央预防和反腐败指导委员会”的反腐工作,2007年2月,越南还组建了一个新的反腐败执法机构“反腐败警察局”。再次,2012年5月,越南政府恢复了中央内政部组建,将其作为指导委员会的常设机构,协助委员会开展工作。

In addition to strengthening anti-corruption legislation and the construction of specialized institutions, the focus of Vietnam’s anti-corruption efforts during this period was on cracking down on high-ranking official corruption and corrupt practices in the economic sphere. After 2006, Vietnam decided to adopt a strategy targeting major cases and key cases, and adjusted its previous approach of “selective arrests” and “lenient handling,” shifting instead to a policy of “severe punishment without exception” for anyone, regardless of their official position. During this period, typical major and key cases investigated and handled by Vietnam included the case of the Minister of Transport, which involved more than 200 officials of various ranks,[6]6 The case of the Minister of Transport involved systematic corruption within Vietnam’s transport ministry, leading to the arrest of numerous officials. and the case of corruption and dereliction of duty at Vietnam’s largest state-owned shipping company, which involved multiple senior executives and caused losses of over 2 billion USD.[7]7 This refers to the corruption scandal at Vietnam National Shipping Lines (Vinalines), which resulted in significant financial losses. In addition, relevant statistics show that in the five years since the implementation of the Law on Prevention and Combating of Corruption, Vietnam further intensified its efforts to investigate and punish high-ranking officials for corruption. During this period, high-ranking officials placed on file and investigated included 4 members of the Central Committee, 17 provincial/ministerial-level secretaries and deputy secretaries, and 2 secretaries and presidents of large state-owned group companies. At the same time, according to incomplete statistics, Vietnam’s inspection departments filed and investigated 62,994 corruption cases, and imposed administrative sanctions on 1,619 units and 11,973 individuals; judicial organs tried 1,455 corruption and bribery cases, involving 3,387 defendants.[8]8 Source reference in the original text. It can be seen that during this period, Vietnam’s corruption governance made considerable progress, but the phenomenon of corruption did not undergo a fundamental improvement.

除了加强防腐立法与专业机构建设外,这一时期越南的反腐重点是打击高官腐败与经济领域贪腐行为。2006年以后,越南决定采取以抓大案、要案为主要目标的策略,并调整了之前的“选择性抓捕”“松软性查处”的方式,转而采取对任何人、任何官职“一律严惩不贷”的政策。这一时期,越南查办比较典型的大案、要案包括涉及200多名大小官员的交通部部长案件[10]、涉及多名高管并造成20多亿美元损失的越南最大的国有航运公司腐败渎职案[11]等。此外,有相关统计表明,在《预防和反对腐败法》实施5年来,越南进一步加大了对高级官员腐败的查处力度,这一期间被立案查处的高级官员包括4名中央委员,17名省部级正、副书记和2名大型国有集团公司的书记、总裁。与此同时,据不完全统计,越南监察部门立案调查腐败案件62 994个,并对1619个单位和11 973名个人分别给予行政处分;司法机关审理贪污腐败案件1455个,涉及3387名被告人[12]。可见这一时期,越南的腐败治理取得了较大进展,但其贪腐现象并没有得到根本性改观。

(3) Comprehensive anti-corruption stage (2016 to present): Deeply advancing institutional anti-corruption work, strictly investigating major corruption cases in all fields “without forbidden zones”

(三)全面反腐阶段(2016至今):深入推进制度反腐工作,“无禁区”地严查各领域腐败大案要案

After the 12th National Congress of the Communist Party of Vietnam in 2016, Vietnam entered a stage of large-scale, comprehensive, and in-depth anti-corruption. During this period, Vietnam further improved relevant laws and regulations, and strived to advance the construction of anti-corruption and integrity institutions. In terms of legislative work, in 2017 Vietnam made relatively substantial revisions to the Law on Prevention and Combating of Corruption, and passed a new version in November 2018. Compared with the old version, the new version added a system for public officials to declare their property and provisions for reviewing the property and income of public officials, while also expanding the scope of inspection to cover all civil servants, personnel of enterprises and institutions, and Party members. According to statistics, “in 2018, Vietnam completed 1.1369 million property declarations, accounting for 99.8% of the total number of persons required to declare.”[9]9 Source reference in the original text. In terms of property declaration, in addition to the declaration of general property items, it also stipulated that civil servants must declare immovable assets, such as real estate, construction projects, and other assets.[10]10 Source reference in the original text. In addition, to improve the effectiveness of law enforcement, during this period the Vietnamese National Assembly also issued a series of relevant decrees and resolutions, such as the Law on Judicial Expertise, the Law on Inspection, the Law on Officials, the Law on Denunciations, the Law on Complaints and Denunciations, and the Law on Access to Information. Through these decrees and institutional regulations, Vietnam further restricted the development of using power for personal gain and unhealthy tendencies, and better protected good officials who dare to take responsibility and are willing to seek welfare for the people and manage affairs on their behalf.[11]11 Source reference in the original text. In addition, Vietnam also established the National Anti-Corruption Strategy Plan and the Steering Committee for the Implementation of the United Nations Convention against Corruption,[12]12 The United Nations Convention against Corruption (UNCAC) is a legally binding international anti-corruption treaty adopted in 2003. thereby promoting the in-depth development of anti-corruption work at a higher level.

2016年越共十二大以后,越南进入了大规模、全面、深入反腐阶段。这一时期,越南进一步完善了相关法律法规,努力推进反腐倡廉制度建设。在立法工作方面,2017年越南对《预防和反对腐败法》进行较大幅度的修订,并于2018年11月通过新的版本。与旧版本相比,新版本增加了公务人员财产申报制度以及对公职人员财产和收入进行审查的规定,同时将检查对象扩大到全部的公务员、企事业单位人员、党员。据统计,越南“2018年共完成113.69万人次财产申报,占应申报总人数的99.8%”[13]。在财产申报方面,除了一般的财产项目申报外,其还规定公务员必须将不动产,比如房产、建筑工程等资产进行申报[14]。此外,为提高执法成效,这一时期越南国会还出台了一系列相关法令和决议,比如《司法鉴定法》《监察法》《职员法》《举报法》《申报控告法》《信息获取法》等。通过这些法令和制度规约,越南进一步限制了以权谋私、不正之风的发展,并较好地保护了敢于担当、愿意为老百姓当家谋福利的好官[15]。此外,越南还成立了《反腐败国家战略计划》和《联合国反腐败公约》实施指导委员会[16],从而在更高层面上推动反腐败工作的深入发展。

While deeply advancing the development of institutional anti-corruption work, Vietnam also actively promoted the severe crackdown on major corruption cases in various fields, striving to practice the Party’s and the state’s basic proposition of “no forbidden zones, no exceptions” in anti-corruption. Driven by the anti-corruption policy of “no forbidden zones,” areas where anti-corruption investigation and punishment were previously relatively insufficient, especially the military system, also began to be severely cracked down upon. In a speech at the “2020 Military Representative Conference,” Vietnamese President and General Secretary of the Communist Party of Vietnam Nguyen Phu Trong demanded that the military must actively and resolutely combat corruption and internal negative sentiments. In particular, efforts must be made to resolve illegal and corrupt problems in the management and use of defense land, military commercial activities, and the management of the military and soldiers. In addition, since the start of large-scale anti-corruption in 2016, Vietnam’s anti-corruption “tiger hunt” actions have begun to penetrate deeply into energy, finance, and other fields related to the national economic lifeline. For example, the case of corruption of Trinh Xuan Thanh, former Chairman of the Board of Directors of Vietnam Oil and Gas Installation Joint Stock Company,[13]13 Trinh Xuan Thanh was a senior executive at PetroVietnam who fled to Germany and was later extradited back to Vietnam, becoming a symbol of high-profile anti-corruption efforts. is a typical example. Of course, the biggest corruption case during this period was undoubtedly the case of Dinh La Thang, former member of the Politburo of the Central Committee of the Communist Party of Vietnam and former Secretary of the Ho Chi Minh City Party Committee, who was sentenced to 30 years in prison. In a series of major and key cases, many “big tigers” with “high positions and great power” have fallen one after another, further demonstrating that the anti-corruption struggle of the Communist Party of Vietnam is no longer a formal “minor skirmish,” but has truly been implemented, striking with “injury to the bones and sinews.”

在深入推动制度反腐工作发展的同时,越南还积极推动对各领域腐败大案要案的严厉打击,努力践行党和国家反腐败“没有禁区、没有例外”的基本主张。在反腐“无禁区”政策的推动下,以前腐败查处力度相对不足的一些领域,特别是军队系统,也开始受到严厉打击。在“2020年军事代表会”的讲话中,越南国家主席,越共总书记阮富仲要求军队必须积极,坚决打击腐败和内部消极情绪。特别是要努力解决国防土地管理与使用、军事商业活动、以及军队与士兵管理中存在的违法和腐败问题。此外,自2016年开始大规模反腐以来,越南的反腐败“打虎”行动开始深入关乎国家经济命脉的能源、金融等领域。比如,越南油气安装股份总公司原董事长郑春青贪腐一案[17]就是其中的典型。当然,这一时期,最大的贪腐案莫过于被判监禁30年的越共前中央政治局委员、越共胡志明市前市委书记丁罗升一案。在一系列大案、要案中,多只“位高权重”的“大老虎”纷纷落马,进一步表明了越共的反腐斗争不再是形式上的“小打小闹”,而是真正地落到实处,“伤筋动骨”地打击。

II. Main Achievements of the Communist Party of Vietnam’s Corruption Governance

二、越南共产党腐败治理的主要成效

Since the reform period, the Communist Party of Vietnam has continuously strengthened the intensity of corruption governance, gradually forming a strategy and path for corruption governance with its own characteristics. From a macro level, the main achievements it has made include at least the following three major aspects.

革新以来,越共不断强化腐败治理力度,日益形成了富有自身特色的腐败治理方略与路径。从宏观层面而论,其取得的主要成效至少包括以下三大方面。

(1) Improving institutional construction, establishing specialized agencies, and raising the achievements and level of the anti-corruption struggle

(一)完善制度建设,设立专业机构,提高了反腐斗争的战绩与水平

In the process of corruption governance, the Communist Party of Vietnam has continuously improved relevant laws and institutions, established multiple specialized anti-corruption agencies, continuously raised the level of the anti-corruption struggle, and achieved achievements that have attracted worldwide attention. In terms of anti-corruption legislation, it has gone from almost nothing, from being non-standard and unsystematic, to constructing an increasingly comprehensive and complete system of anti-corruption laws, regulations, and related supporting institutions. At present, it has formed an anti-corruption legal system centered on the basic law of the Law on Prevention and Combating of Corruption, with the Law on Judicial Expertise, the Law on Inspection, the Law on Officials, the Law on Denunciations, etc., as supporting laws, as well as an institutional system supplemented by a large number of implementation rules, operational guidelines, and related decrees and orders. At the same time, over several decades the Communist Party of Vietnam has established several specialized anti-corruption agencies and departments. These agencies include the Central and Local Inspection Committees of the Communist Party of Vietnam, the State Inspection General and its corresponding inspection agencies at various levels of government, the Anti-Corruption Police Bureau, the Central Steering Committee for Prevention and Combating of Corruption, and the Central Internal Affairs Department. These specialized agencies each have their own strengths and cooperate with each other, greatly enhancing the effectiveness of corruption governance.

在腐败治理进程中,越共不断完善相关法律、制度,设置了多个反腐专业机构,不断提高了反腐斗争的水平,并取得了令世人瞩目的战绩。在反腐立法方面,其几乎是从无到有,从不规范、不系统到构建了日益全面和完善的反腐败法律法规及其相关配套制度。目前其已经形成了以《预防和反对腐败法》基本法为中心,以《司法鉴定法》《监察法》《职员法》《举报法》等为配套的反腐败法制体系,以及以大量的实施细则、操作指南与相关法令、政令为辅助的制度体系。与此同时,几十年来越共设立了若干个专业反腐机构和部门。这些机构包括越南共产党中央和地方监察委员会、国家监察总署及其之下的各级政府相应的监察机关、反腐败警察局、中央预防和反腐败指导委员会与中央内政部等。这些专业机构各长所长,并相互协作,极大地提升了腐败治理的成效。

On the basis of improving relevant legal institutions and establishing relevant specialized agencies, through governance in several different stages, Vietnam’s anti-corruption struggle has achieved relatively outstanding results. First, through rectification campaigns of the Party and the state, not only was the ideological education of Party members on clean governance strengthened, but a large number of unqualified Party members were expelled from the Party organization, further purifying the Party membership. Second, the inspection and supervision of Party members was strengthened, and the scale and intensity of punishment were increased. For example, from 2014 to 2018, a total of 2,720 Party members received disciplinary sanctions for corruption issues.[14]14 Source reference in the original text. Third, major cases involving large amounts of money and high-ranking officials were strictly pursued. For example, from 2013 to 2015, various functional agencies investigated and handled a total of 16 serious corruption cases.[15]15 Source reference in the original text. Fourth, a large amount of embezzled funds was recovered, greatly reducing Vietnam’s economic losses. For example, in the first half of 2009 alone, Vietnam recovered up to 430.5 billion Vietnamese dong in embezzled funds and over 6 million hectares of land involved in corruption.[16]16 Source reference in the original text.

在完善相关法律制度和设立相关专业机构的基础上,通过几个不同阶段的治理,越南的反腐斗争取得了较为突出的成绩。一是通过整党整风运动,不仅加强了党员的廉政思想教育,而且将大量的不合格党员踢出党组织,进一步净化了党员队伍。二是加强对党员的检查与监督,并加大了处罚的规模与力度。比如,2014—2018年,共有2720名党员因腐败问题受到纪律处分。[18] 三是严抓涉案金额大、干部级别高的大案要案。比如,2013—2015年,各职能机构共查处了各类严重贪腐案件16件。[19] 四是追回了大量的贪腐资金,大幅度减少了越南的经济损失。比如,仅2009年上半年,越南就追回了高达4305亿越盾的贪腐资金和六百多万公顷的腐败用地[20]。

(2) Curbing the atmosphere of corruption, purifying the political ecology, and consolidating the ruling foundation of the Communist Party of Vietnam

(二)遏制腐败风气,净化政治生态,巩固了越南共产党的执政根基

As the ruling party, to consolidate its ruling foundation, the Communist Party of Vietnam must gain the trust of the broad masses of the people, maintain close relations with the people, and think about and handle problems from the perspective of safeguarding the interests of the people. However, the once rampant problem of corruption ran counter to this goal and moved further and further away, greatly worsening the Party-mass relations of the Communist Party of Vietnam, even triggering mass incidents, and violating the fundamental purpose of the founding of the Communist Party of Vietnam. For example, relevant statistical data shows that in January 2007 alone, 14 provinces and cities in Vietnam experienced over 100 strikes involving more than 60,000 participants, with extremely serious consequences.[17]17 Source reference in the original text. The unrest caused by these popular protests and demonstrations further highlighted the extremely low level of public trust in the Party and the government. This kind of irreconcilable relationship between the Party and the masses would inevitably severely damage the authority of the Communist Party of Vietnam and the government, and could trigger a crisis of legitimacy for the Communist Party of Vietnam’s rule.

作为执政党,越共要巩固其执政根基,就要获得广大人民群众的信任,密切与人民群众的关系,并从维护人民群众的利益出发思考和处理问题。然而曾经大行其道的贪腐问题与这一目标背道而驰,且愈行愈远,从而极大地恶化了越共的党群关系,甚至引发了群体性事件,违背了越共成立的根本宗旨。比如,相关统计数据表明,仅2007年1月份,越南14个省、市连续发生六万多人次参与的百余次罢工事件,后果极其严重。[21] 这种民众游行抗议引发的骚乱问题进一步凸显了民众对党和政府极端低下的信任度。党与群众之间的这种水火不容的关系必然会严重挫伤越共和政府的权威,并会引发越共执政合法性危机。

For this reason, since the reform era began, the Communist Party of Vietnam (CPV) has continuously intensified its efforts in corruption governance, with a scale, intensity, and duration of corruption punishment that is relatively rare in the corruption governance of other countries. As more and more "problematic" Party members are expelled from Party organizations, more and more Party cadres and members are punished, and more and more once "arrogant" high-ranking officials fall from power, Vietnam's corruption phenomenon has been curbed to a certain extent, its domestic polluted political ecology has been further purified, the relationship between the Party and the masses has been increasingly eased, and the Party has increasingly gained the trust and support of the masses. At the same time, with the deepening of the anti-corruption struggle, the situation within the CPV is also gradually undergoing positive changes; more and more masses are willing to join Party organizations, and its Party organizations are increasingly growing and strengthening. For example, data shows that from the 1990s to 2008, the number of CPV members increased by 55%.[18] At the same time, the great progress achieved in the anti-corruption struggle has further stimulated the enthusiasm of the people to participate in anti-corruption, and "the role of social organizations, news media, and the masses in anti-corruption work has been further strengthened."[19] Under this trend, the CPV's ruling foundation has become increasingly solid.

为此,自革新以来,越共不断加大了腐败治理力度,其腐败惩治规模之大、幅度之强、持续时间之久,在其它国家的腐败治理中也是比较少见的。随着越来越多的“问题”党员被剔除出党组织、越来越多的党员干部受到惩处、越来越多往日“耻高气昂”的高官纷纷落马,越南的腐败现象得到一定程度地遏制,其国内污浊的政治生态得到了进一步净化,党与群众的关系日益得到缓和,党也日益得到了群众的信任与拥戴。与此同时,随着反腐败斗争的日益深入,越南党内的情况也在逐渐发生正向改变,越来越多的群众愿意加入党组织中,其党组织也日益发展壮大。比如,有数据表明,自20世纪90年代到2008年,越共的党员数量就增加了55%。[22] 与此同时,反腐斗争取得的巨大进步,也进一步激发了民众参与反腐的积极性,“社会组织、新闻媒体及人民群众在反腐败工作中的作用进一步加强”[23]。在这一趋势下,越共的执政根基越发牢固。

(3) Promoting economic development, attracting foreign investment, and providing a favorable environment for the cause of reform and development

(三)促进经济发展,吸引外来投资,为革新发展事业提供良好环境

Since the 21st century, Vietnam has been rated by Transparency International as a "severely corrupt country." This label has seriously affected Vietnam's international image, causing foreign investors to "keep their distance." This is because foreign investors not only consider investment returns but also pay more attention to related clean governance factors such as "fair handling, convenient services, efficient administration, clean officials, and stable institutions."[20] In reality, the troubles caused by corruption are also the most common complaints foreign investors have about Vietnam. For example, when investing in Vietnam, foreign investors need to pay a considerable amount of special "public relations" fees at various key links or administrative approvals related to investment. This "industry practice" greatly troubles investors from Western countries.[21] In the past decade or so, as Vietnam's anti-corruption efforts have further intensified and the results have become more evident, Vietnam's sincerity in fighting corruption has increasingly won recognition from the international community, and its open policies have increasingly attracted more and more foreign investors.

21世纪以来,越南一直被国际透明组织评为“贪污腐败严重的国家”。这一标签严重影响着越南的国际形象,使外来投资者对其“敬而远之”。因为外来投资者不仅考虑投资收益问题,更会关注“处事公正、服务便捷、政务高效、官员廉洁和制度稳定”[24]等相关廉政因素。在现实中,因贪污腐败所带来的困扰也是外国投资者对越南抱怨最多的地方。比如在越南投资,外来投资者需要在与投资相关的各个关键环节或行政审批中支付数额不小的特殊“公关”费用,这种“行规”让西方国家的投资者大感头疼。[25] 而近十几年来,随着越南反腐力度的进一步加大以及反腐成效的进一步彰显,越南的反腐诚意日益赢得国际社会的认可,同时其开放的政策日益吸引来了越来越多的外国投资者。

Relevant data shows that since 2008, Vietnam's per capita GDP has exceeded the $1,000 mark, entering the ranks of lower-middle-income countries. At the same time, Vietnam's economic development has not been significantly affected by the economic crisis, and its inflation rate is relatively low. Relevant statistics estimate that its inflation rate was 18.58% in 2011, fell to 9.21% in 2012, and was only 4.09% in 2014.[22] In addition, the effectiveness of anti-corruption has further improved Vietnam's international investment environment, and its foreign direct investment has maintained relatively high growth in the past decade. For example, "in 2014, Vietnam attracted a total of US$20.2309 billion in foreign direct investment, exceeding the set target by 19%."[23] In 2015, Vietnam attracted a total of 2,012 foreign direct investment projects, with newly signed agreement investment amounts totaling US$22.76 billion, an increase of 12.5% over 2014.[24] Secondly, official development assistance funds from countries such as Japan and the European Union, as well as remittance income received by Vietnam, have maintained a sustained growth momentum. For example, in 2014, Vietnam's remittance income was US$11 billion, making it one of the world's top ten remittance-receiving countries.[25] The favorable economic trend has paved a solid road for the growth and expansion of Vietnam's reform and development cause.

相关数据表明,自2008年起,越南的人均GDP就突破了1000美元大关,进入了中等偏下收入水平国家的行列。同时越南的经济发展没有受到经济危机的较大影响,其通货膨胀率也比较低。相关统计估计,2011年其通胀率为18.58%,2012年下降到了9.21%,到2014年仅为4.09%。[26] 此外,反腐成效进一步改善了越南的国际投资环境,近十年来其外国直接投资保持着较高增长。比如,“2014年,越南共吸引外国直接投资202.309亿美元,比既定目标超出19%”[27]。2015年,越南吸引外国直接投资项目共计2012个,新增协议投资金额共227.6亿美元,比2014年增长12.5%。[28] 其次,越南获得的来自日本、欧盟等国家的官方发展援助资金以及侨汇收入一直保持持续增长势头。比如,2014年越南侨汇收入为110亿美元,是世界十大侨汇接收国之一。[29] 经济的利好趋势为越南革新事业的发展壮大铺下了一条夯实大道。

III. Basic Experiences of Corruption Governance by the Communist Party of Vietnam

三、越南共产党腐败治理的基本经验

Since the reform era, Vietnam has continuously improved its understanding of corruption governance in the long-term anti-corruption struggle. Some valuable experiences from its anti-corruption practice can form an important reference for China's current corruption

革新以来,越南在长期的反腐败斗争中,不断提升了对腐败治理的认知。其反腐实践的一些宝贵经验,可以对我国当前的腐败治理形成重要借鉴。

(I) Continuously Strengthening the Unified Leadership of the Party and the Construction of a Clean Governance Mechanism

(一)不断加强党的统一领导与廉政机制构建

1. Always Adhering to the Central Leadership Position of the Communist Party of Vietnam and Actively Carrying Out the Struggle to "Reject Corruption and Prevent Change." During the long process of the war of resistance, the advanced nature demonstrated by the Communist Party of Vietnam (CPV) itself won the support and affection of the people. After transforming from a revolutionary party into a ruling party, the CPV placed greater emphasis on its own advanced nature. Since the implementation of reform and opening up, under the increasingly complex domestic and international environment, the CPV has continuously strengthened its governance capacity and level. At the same time, the upheaval in Eastern Europe in the 1990s made the CPV deeply aware of the importance and crisis of opposing "peaceful evolution." Against this backdrop, the CPV actively carried out a struggle to "reject corruption and prevent change," integrating the prevention of corruption with the prevention of ideological evolution, striving to defeat multiple peaceful evolution riots by domestic anti-government elements, and successfully exposing the ugly face of Western hostile forces interfering in the country's internal affairs under the guise of "human rights" and "democracy." At the same time, it required party members to raise their cognitive level and strengthen their self-ideological construction, thereby building a solid line of defense from within the entire party.

1.始终坚守越共的中心领导地位并积极开展“拒腐防变”斗争。在长期的抗战过程中,越共自身所彰显出的先进性使其赢得了人民的拥护与爱戴。从革命党转为执政党后,越共更加注重自身的先进性建设。实行革新以来,在国内外日益复杂的环境下,越共不断加强执政能力和水平建设。同时,20世纪90年代发生的东欧剧变,使越共深刻地意识到反“和平演变”的重要性和危机性。在这样的背景下,越共积极开展了融防治腐败与预防思想演变为一体的“拒腐防变”斗争,努力挫败了国内反政府人员的多次和平演变暴乱,成功揭露了西方敌对分子打着“人权”“民主”的幌子干涉本国内政的丑恶嘴脸。同时,其要求党员提高认知水平和加强自我思想建设,进而从全党内部筑起巩固的防线。

2. Implementing a System of Cadre Rotation, Suspension, and Regular Assessment. The series of corrupt phenomena triggered by decades of reform and opening up have made the CPV and the government deeply aware that the longer leading cadres serve in the same locality or the same post, the easier it is to form complex relationship networks, breeding "local emperor" phenomena and corrupt practices and behaviors such as "relationship networks," "small circles," and the buying and selling of official positions. To this end, in July 2002, the CPV decided to implement a cadre rotation system nationwide and throughout the party. It stipulated that leading cadres at the county level and above, including the General Secretary of the CPV, could not serve consecutively in the same post for more than two terms. At the same time, the "Government Officials Rotation Decree" also stipulated that officials in 22 types of corruption-prone sectors must be rotated every 2-3 years. [30] Concurrently, the CPV also implemented a system of temporary suspension and transfer for state public officials suspected of corruption, which further removed obstacles for investigating and dealing with corrupt officials.

2.实行干部轮换、停岗与定期考核制度。革新几十年来所引发的一系列腐败乱象使越南党及政府深刻地意识到,领导干部在同一地方或同一岗位任职时间越长,就越容易形成复杂的关系网络,滋生“土皇帝”现象与“关系网”“小圈子”和卖官鬻爵等腐败风气与行为。为此,2002年7月,越共决定在全党、全国范围内实施干部轮换制度,其规定包括越共总书记在内的县级以上领导在同一岗位连续任职不能超过2届;同时《政府官员轮换法令》还对22类腐败高发领域的相关部门官员作出每2—3年必须进行轮换的规定。[30] 与此同时,越共还实施了对涉嫌贪腐的国家公职人员给予临时停岗、转岗的制度,这为查处相关贪腐官员进一步扫除了障碍。

3. Reforming the Salary and Property Declaration System for Public Officials. The long-standing problem of bribery and extortion caused by low civil servant salaries attracted the attention of the CPV leadership. To reduce and eliminate this phenomenon, starting from 1993, the Vietnamese government proposed a proposal to adjust salaries for public servants every three years. Subsequently, in 2008, 2012, 2016, and 2020, Vietnam raised the minimum wage standard for public servants and implemented a salary reward system for outstanding public officials. [31] After 2018, the General Secretary of the CPV also signed a new resolution on reforming the salary system for public officials, with the fundamental goal of achieving, by 2030, a minimum wage for state public officials equal to or higher than the minimum wage in the highest region of the commercial sector. [32] Of course, for the insatiably greedy, these increases are like "a drop in the bucket." Therefore, to better curb corrupt behavior, Vietnam also simultaneously implemented a property declaration system for public officials and made the declaration results public to increase property transparency.

3.改革公职人员的薪酬与财产申报制度。公务员工资长期偏低引发的受贿索贿之风引起了越共领导的重视。为了减少和杜绝这种现象,从1993年起,越南政府就提出了每三年给公务人员调资一次的提议。此后,在2008、2012、2016、2020年,越南都有上调公务人员的最低工资标准,并对表现突出的公职人员实施薪酬奖励制度。[31] 2018年之后,越共总书记还签署了新的公职人员薪酬制度改革决议,其根本目标是争取到2030年,实现国家公职人员的最低工资等于或高于商业部门最高地区的最低工资。[32] 当然,对于贪婪无度的人而言,这些调升无异于“杯水车薪”。因此,为了更好抑制腐败行为,越南还同时实施了公职人员财产申报制度,并将申报结果向社会公布,以提高财产透明度。

(II) Actively Promoting Democratic Voting and the Power Checks and Balances Mechanism

(二)积极推动民主表决与权力制衡机制改革

1. Implementing intra-Party democratic institutions. As early as before the Ninth National Congress, the CPV implemented an intra-Party competitive election system. The 2006 Tenth National Congress election further expanded the competitive ratio and, for the first time, adopted a new method of democratic election for the General Secretary combining a "majority vote veto" with competitive elections.[33]33 The 10th National Congress of the CPV was held in 2006. The "majority vote veto" refers to a rule where a candidate must receive more than half of the votes to be elected, preventing a simple plurality from deciding the outcome. In addition, the CPV also required the implementation of a direct election system for the standing committee members, deputy secretaries, and secretaries of grassroots Party committees. In May 2014, the Ninth Plenary Session of the 11th CPV Central Committee passed the "Rules on Intra-Party Elections,"[34]34 The 9th Plenary Session of the 11th CPV Central Committee was held in May 2014. which clearly stipulated the selection of candidates for Central Committee members, Secretariat members, committee members at all levels, as well as methods such as competitive elections. Secondly, to enhance the democratic and scientific nature of decision-making, the CPV adopted a method of joint consultation with non-Party personages from all walks of life on important intra-Party decisions. Thirdly, the CPV actively promoted the system of collective leadership combined with individual responsibility. Its Party Constitution stipulates that major resolutions of the Party and state shall be decided by vote after democratic discussion by the Party's collective leadership, and individuals must submit to the collective decision.[35]35 This refers to the principle of democratic centralism as practiced within the CPV. Finally, the CPV resolutely implemented a system of open Party affairs, requiring grassroots Party organizations to make public important Party work such as financial budgets and final accounts.

1. 实施党内民主制度。早在九大以前,越共就实施了党内差额选举制度,2006年的十大选举进一步扩大了差额率,并首次采用了“半数票否决”与差额选举相结合的总书记民主选举新方式。[33] 此外,越共还要求实施基层党委常委会、副书记和书记的直选制度。2014年5月,越共十一届九中全会通过了《党内选举规则》[34],其对中央委员、书记处书记以及各级委员等人选以及差额选举等办法进行了明确规定。其次,为提升决策的民主性和科学性,越共对党内的重要决策采取与党外各界人士共同协商的方式。再次,越共积极推行集体领导、个人负责的制度。其党章规定,党和国家的重大决议由党的领导集体民主讨论后投票决定,个人需服从集体的决策。[35] 最后,越共坚决执行党务公开制度,其要求基层党组织的财政预算、决算等重要党务工作都要实行公开制度。

2. Adopting a "four-pillar" check-and-balance mechanism. The "four-pillar" power check-and-balance mechanism means that the four major power centers of the state are respectively held by four different politicians: the CPV General Secretary, the Prime Minister, the State President, and the National Assembly Chairperson, with no concurrent holding of these positions.[36]36 This "four-pillar" structure (Tứ trụ) is a distinctive feature of Vietnamese political organization, designed to prevent the concentration of power in a single individual. At the same time, as an important leading force in Vietnam, the CPV Central Committee does not have a Politburo Standing Committee; important Party decisions are usually decided by vote of the Politburo members.[37]37 The CPV Central Committee Politburo is the highest decision-making body between plenary sessions. Unlike the Chinese Communist Party, the CPV did not have a Politburo Standing Committee (PSC) during this period, meaning the Politburo as a whole was the top leadership body. Furthermore, the power structure at the top of Vietnam also features a special arrangement demarcated by geography. One of its basic models and characteristics is the north-south dual check-and-balance, or the so-called "Northern and Southern Party" phenomenon, where politicians from the North, considered "conservatives," usually hold the position of Party General Secretary; the Prime Minister is mainly held by politicians from the "Southern faction," who are adept at economic management and reform. The National Assembly has the power to conduct confidence votes on state leaders. "If more than one-fifth of the National Assembly delegates request it, the National Assembly can initiate a no-confidence vote procedure against high-ranking officials such as the State President and the Prime Minister. If more than two-thirds of the delegates vote no confidence, the relevant leader is removed from office."[38]38 This refers to the power of the National Assembly to hold confidence votes, a key mechanism for accountability.

2. 采取“四驾马车”制衡机制。“四驾马车”的权力制衡机制,即国家的四大权力中枢分别由越共总书记、政府总理、国家主席、国会主席四名不同的政治家出任,各职务间互不兼任。[36] 同时,作为越南的重要领导力量,越共中央委员会不设政治局常委,党的重要决定通常由政治局委员通过表决来决定。[37] 此外,越南高层的权力结构还存在一种以地域为分水岭的特殊性安排,其基本模式与特点之一便是南北双向制衡或所谓的“南北党”现象,即来自北方的“保守派”政治家通常出任党的总书记一职;政府总理则主要由善于经济管理和改革的“南方派”政治家担任。国会具有对国家领导人进行信任投票的权力,“若1/5以上的国会代表提出要求,国会就可以开启对国家主席、政府总理等高层官员的不信任投票程序,如果2/3以上的代表投了不信任票,相关领导即被罢免”[38]。

3. Changing the phenomenon of the National Assembly being a "voting machine." The Vietnamese Constitution stipulates that the National Assembly is the highest representative body of the people and holds the highest supervisory power over state activities. However, before the implementation of reforms (Đổi Mới), the voting behavior of the National Assembly was more about completing legal procedures according to predetermined results, thus it was often called a "voting machine" and a "rubber stamp" by outsiders. Therefore, reforming the exercise of the National Assembly's powers was imperative. The focus of this reform was highlighted in the following two major aspects: first, reforming the election system for National Assembly delegates, with both national and local delegates to the National Assembly being directly elected; second, implementing a National Assembly interpellation system.[39]39 "Đổi Mới" (Renovation) is the Vietnamese term for the economic and political reforms initiated in 1986, analogous to China's reform and opening up. The Constitution grants the National Assembly the power of interpellation. The National Assembly's interpellations of leaders in important state positions are arranged during the annual "Two Sessions" period, and the interpellation process must be broadcast live on radio or television and made public to society. Officials being interpellated must truthfully answer the questioner's questions or respond in writing.[40]40 The "Two Sessions" (Kỳ họp) refers to the regular sessions of the National Assembly. The interpellation system further curbed corrupt behavior, with some inactive or corrupt senior officials being dismissed or forced to resign during interpellations.

3. 改变国会投票的“表决机器”现象。越南宪法规定,国会是最高人民代表机关,对国家活动具有最高监督权。然而在实行革新以前,国会的投票行为更多的是按预定结果完成法定程序,因此往往被外界称为“表决机器”和“橡皮图章”。因此,对国会行使职权的改革势在必行,其改革的重点凸显在以下两大方面:一是改革国会代表选举制度,国会的全国代表和地方代表都由直选产生;二是实行国会质询制度。[39] 宪法赋予国会质询权,国会对国家重要岗位领导的质询都安排在每年的两会期间,而且质询过程需通过广播或电视全程直播和向社会公开。被质询官员必须如实回答质询者的提问或采取书面答复的方式进行回应。[40] 质询制度进一步遏制了腐败行为,一些不作为或贪腐的高级官员在质询中被免职或被迫辞职。

(III) Striving to Improve Anti-Corruption Legislation, Institutional Supporting Measures, and Party Discipline Construction Work

(三)努力完善反腐立法、制度配套与党纪构建工作

1. Promulgating and repeatedly amending the "Law on Prevention and Combating Corruption." Since the promulgation of the "Law on Prevention and Combating Corruption" in 2005, Vietnam's rule-of-law anti-corruption work has increasingly gained popular support. After the "Law on Prevention and Combating Corruption" was issued, Vietnam amended it multiple times in 2007, 2012, and 2017. Among these, the amendments in 2012 and 2017 were relatively substantial, with the additions and modifications accounting for nearly half of the original content. The CPV's experience shows that strengthening anti-corruption legislative work is an important guarantee for the success of corruption governance.

1.出台并多次完善《预防和反对腐败法》。自2005年出台了《预防和反对腐败法》以后,越南的法治反腐工作日益深入人心。《预防和反对腐败法》出台后,越南分别在2007、2012与2017年,对其进行多次修订。其中,2012与2017年的修订幅度都比较大,其增加和修改的内容几乎达到原内容的一半之多。越共的经验表明加强反腐败立法工作,是腐败治理取得成功的一个重要保障。

2. Systematically constructing laws and regulations related to corruption governance. In 1998, the Vietnamese National Assembly promulgated the "Regulations on the Recruitment, Employment, and Management of Civil Servants," the "Law on Thrift Practice and Combating Waste," the "Regulations on Disciplinary Measures for Civil Servants," the "Law on Cadres and Civil Servants," etc. After 2008, it also promulgated the "Law on Public Employees of the Socialist Republic of Vietnam," the "Regulations on the Selection and Appointment of Leading Cadres," the "Law on Complaints and Denunciations," etc. In addition, some recently passed relevant decrees in Vietnam include the "Law on Election of National Assembly Delegates and People's Council Delegates of the Socialist Republic of Vietnam," the "Law on Handling of Administrative Violations," the "Regulations of the Vietnamese Government on Transparency of Property and Income," etc. Furthermore, Vietnam places great importance on the revision and improvement of legal codes. For example, after the "Law on Cadres and Civil Servants" was promulgated in 1998, it underwent five revisions in 2000, 2003, 2008, 2010, and 2019.

2.系统构建腐败治理相关法规制度。1998年越南国会颁布了《公务员招聘、雇佣和管理条例》《厉行节约与打击浪费法》《公务员纪律处分条例》《干部公务员法》等。2008年之后还颁布了《越南社会主义共和国公职干部法》《领导干部选拔任用工作条例》《申诉控告法》等。此外,越南最新通过的一些相关法令还包括《越南社会主义共和国国会代表和人民议会代表选举法》《行政违法处罚法》《越南政府关于财产、收入透明的规定》等。并且,越南非常重视法制的修订与完善工作,比如1998年的《干部公务员法》出台后,其先后经历了2000、2003、2008、2010和2019年的五次修订。

3. Continuously improving the construction of Party discipline and regulations for corruption prevention. In addition to strengthening anti-corruption legislation and the construction of institutional and regulatory systems, the CPV also places great emphasis on the construction of Party discipline and regulations. The "Statute of the Communist Party of Vietnam" clearly stipulates different wrongful acts by Party members and their corresponding handling. The penalties for probationary Party members include two types: censure and warning. The penalties for full Party members include four types: censure, warning, removal from posts, and expulsion, and it specifies the standard procedures for expelling Party members. Besides the Party Statute, the CPV has also promulgated other intra-Party regulations. For example, the "Things Party Members Must Not Do," promulgated in 2011, lists in detail the behaviors that Party members cannot engage in or possess.

3.不断完善党纪党规防腐制度构建。除了加强反腐败立法与制度法规体系构建以外,越共还非常重视党纪党规建设。《越南共产党章程》就对党员的不同错误行为及其处理作出明确的规定,其对预备党员的处罚方式包括谴责与警告两种,对正式党员的处罚则包括谴责、警告、撤职和开除四种,并明确了开除党员的规范程序。除了党章以外,越共还颁布了其它的一些党内法规,比如2011年颁布的《党员不得做的事情》,就以列举的方式规定了党员不能做出与存在的行为。

(IV) Widely Implementing Multi-Dimensional Governance Combining Intra-Party Supervision, Public Reporting, and Media Exposure

(四)广泛实施党内监督、群众检举与媒体曝光相结合的多维治理

1. Constructing and improving the intra-Party interpellation and accountability supervision system. The intra-Party interpellation system is mainly borrowed from the interpellation system in the National Assembly. It began at the Fifth Plenary Session of the 9th CPV Central Committee. Since then, during the annual National Congress sessions, the CPV has set aside a certain amount of time for intra-Party interpellation work. According to policy regulations, the subject of interpellation can be an individual or a collective, and the Party General Secretary is also included in the scope of persons subject to interpellation.

1.构建与完善党内质询与问责监督制度。党内质询制度主要借鉴自国会中的质询制度,其始于越共九届五中全会。此后越共每年在召开全国大会期间都会腾出一定的时间,用以进行党内质询工作。根据政策规定,被质询的对象可以是一个人,也可以是一个集体,党的总书记也被列入被质询人员范围。

2. Extensively mobilizing public supervision and generously rewarding corruption reporting behavior. The Vietnamese government requires all localities and departments to generally establish reporting and petition reception agencies or units, and to strengthen the protection and rewards for whistleblowers.[41]41 Petition and reporting systems are common mechanisms in socialist states for citizens to communicate grievances and report misconduct to the authorities. Furthermore, to obtain more information on corruption, Vietnam implements a system of "generously rewarding corruption reporting behavior." A document issued by the Vietnam Government Inspectorate in 2015 stipulated that, based on the value of the information provided by the whistleblower and the amount of stolen money recovered with their assistance, 10% of the recovered stolen money could be awarded as a bonus to the whistleblower, but the maximum shall not exceed 3,000 times the minimum wage standard. At the same time, based on the whistleblower's performance, they can also be awarded government prizes at various levels equivalent to 60 times, 40 times, and 20 times the monthly minimum wage.[42]42 The Vietnam Government Inspectorate (Thanh tra Chính phủ) is the state body responsible for inspection and anti-corruption work. Motivated by various policies, reports of corruption in Vietnam surged unprecedentedly. For example, relevant statistics show that in 2017, inspection departments received up to 415,383 visitors and handled 306,519 petition letters and visits.[43]43 These figures illustrate the high volume of public engagement with the anti-corruption system.

2.广泛发动民众监督与重赏腐败检举行为。越南政府要求各地方、各部门普遍设立举报和信访接待机构或单位,并加强对举报人的保护和奖励[41]。此外,为了获取更多贪腐信息,越南推行“重赏腐败检举行为”制度。2015年越南监察总署下发的文件规定,根据举报人提供信息的价值及其协助追回的赃款数额,可以将赃款的10%作为奖金颁发给举报人,但最高不超过最低工资标准的3000倍;同时根据举报人的表现,还可以授予其月最低工资60倍、40倍和20倍的各级政府奖。[42] 在多种政策的激励下,越南的反腐败举报空前攀升,比如相关统计表明,2017年监察部门接待访民高达415 383人次,处理信访306 519件。[43]

3. Actively encourage media participation in corruption exposure and supervision. To enhance the media’s initiative, Vietnam encourages newspapers and journalists to report and reflect information on corruption cases and anti-corruption efforts[44]44 The original text cites a Vietnamese-language source; the reference number is retained as given., and requires the involved units and departments to cooperate with the media in obtaining information. Currently, Vietnam’s more than 700 newspapers, over 70 television and radio stations, 80 electronic newspapers, and thousands of websites have become important tools indirectly participating in the anti-corruption struggle[45]45 The original text cites a Vietnamese-language source; the reference number is retained as given.. In recent years, many major and serious corruption cases punished in Vietnam were triggered by media exposure. At the same time, to strengthen online anti-corruption work, in June 2007, the Vietnamese Anti-Corruption Bureau launched the “Anti-Corruption Database” website, opening a direct channel for the masses to participate in the anti-corruption struggle; on this basis, in May 2014, the Office of the Central Steering Committee for Corruption Prevention also launched the “Comprehensive Information Network for Corruption Prevention and Control”[46]46 The original text cites a Vietnamese-language source; the reference number is retained as given.. This series of measures has not only significantly increased the enthusiasm of the media and the public for participating in corruption governance but has also further demonstrated the determination of the Communist Party of Vietnam to resolutely carry out the anti-corruption struggle.

3.积极鼓励媒体参与腐败曝光与监督工作。为了提高媒体的积极性,越南鼓励报纸、记者报道反映贪污腐败案件及反贪污腐败的信息[44],并要求涉案单位和部门对媒体的信息获取必须给予配合。当前越南的七百多家报社、七十多家电视台和广播电台、80张电子报以及数千个网站都成为了间接参与反腐败斗争的重要工具[45]。近几年来越南惩处的多起腐败大案、要案,很多都是由媒体曝光所引发。与此同时,为了加强网络反腐败工作,2007年6月,越南反贪局开通了“反贪数据库”网站,为群众参与反腐败斗争开通了直通车;在此基础上,2014年5月,越共预防腐败指导委员会办公厅还开通了“防治腐败综合信息网”[46]。这一系列举措不仅大幅度提升了广大媒体与民众参与腐败治理的热情,而且其也进一步彰显了越共坚决开展反腐斗争的决心。

(The author is a doctoral student at the School of Public Administration, Guangxi University; member of the Theoretical Committee of the Central Committee of the Communist Party of Vietnam, professor at the Vietnam Academy of Social Sciences)

(作者为广西大学公共管理学院博士研究生;越共中央理论委员会委员、越南社会科学院教授)

Online editor: Tongxin

网络编辑:同心

Notes

  1. Ho Chi Minh (1890-1969) was the founding father and long-time leader of the Democratic Republic of Vietnam (North Vietnam) and the Communist Party of Vietnam. ↩
  2. The Sixth National Congress of the Communist Party of Vietnam (1986) initiated the Đổi Mới (Renovation) reforms, transitioning from a centrally planned economy to a socialist-oriented market economy. ↩
  3. The Fourth Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam was a meeting of the Party's top leadership focused on reviewing and adjusting Party policies. ↩
  4. The Tenth National Congress of the Communist Party of Vietnam was held in 2006. ↩
  5. The Politburo is the highest decision-making body of the Communist Party of Vietnam between Central Committee plenums. ↩
  6. The case of the Minister of Transport involved systematic corruption within Vietnam’s transport ministry, leading to the arrest of numerous officials. ↩
  7. This refers to the corruption scandal at Vietnam National Shipping Lines (Vinalines), which resulted in significant financial losses. ↩
  8. Source reference in the original text. ↩
  9. Source reference in the original text. ↩
  10. Source reference in the original text. ↩
  11. Source reference in the original text. ↩
  12. The United Nations Convention against Corruption (UNCAC) is a legally binding international anti-corruption treaty adopted in 2003. ↩
  13. Trinh Xuan Thanh was a senior executive at PetroVietnam who fled to Germany and was later extradited back to Vietnam, becoming a symbol of high-profile anti-corruption efforts. ↩
  14. Source reference in the original text. ↩
  15. Source reference in the original text. ↩
  16. Source reference in the original text. ↩
  17. Source reference in the original text. ↩
  18. The 10th National Congress of the CPV was held in 2006. The "majority vote veto" refers to a rule where a candidate must receive more than half of the votes to be elected, preventing a simple plurality from deciding the outcome. ↩
  19. The 9th Plenary Session of the 11th CPV Central Committee was held in May 2014. ↩
  20. This refers to the principle of democratic centralism as practiced within the CPV. ↩
  21. This "four-pillar" structure (Tứ trụ) is a distinctive feature of Vietnamese political organization, designed to prevent the concentration of power in a single individual. ↩
  22. The CPV Central Committee Politburo is the highest decision-making body between plenary sessions. Unlike the Chinese Communist Party, the CPV did not have a Politburo Standing Committee (PSC) during this period, meaning the Politburo as a whole was the top leadership body. ↩
  23. This refers to the power of the National Assembly to hold confidence votes, a key mechanism for accountability. ↩
  24. "Đổi Mới" (Renovation) is the Vietnamese term for the economic and political reforms initiated in 1986, analogous to China's reform and opening up. ↩
  25. The "Two Sessions" (Kỳ họp) refers to the regular sessions of the National Assembly. ↩
  26. Petition and reporting systems are common mechanisms in socialist states for citizens to communicate grievances and report misconduct to the authorities. ↩
  27. The Vietnam Government Inspectorate (Thanh tra Chính phủ) is the state body responsible for inspection and anti-corruption work. ↩
  28. These figures illustrate the high volume of public engagement with the anti-corruption system. ↩
  29. The original text cites a Vietnamese-language source; the reference number is retained as given. ↩
  30. The original text cites a Vietnamese-language source; the reference number is retained as given. ↩
  31. The original text cites a Vietnamese-language source; the reference number is retained as given. ↩