Phòng ngừa tình hình tội phạm tham nhũng trong hoạt động tư pháp ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY
OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

DAU QUANG DUNG

PREVENTION OF CORRUPTION CRIMES
IN JUSTICE
OF VIETNAM NOWADAYS

Major: Criminology and Crime prevention
Code: 9.38.01.05

DOCTOR OF LAW’S DISSERTATION

HANOI - 2019


The work was completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: Prof. PhD. Duong Minh Gioi

Reviewer 1: Prof. PhD. Bui Minh Thanh

Reviewer 2: Assoc.Prof. PhD. Dong Dai Loc

Reviewer 3: Assoc.Prof. PhD. Phung The Vac

The dissertation will be defended before the thesis review council
of the Academy at the Graduate Academy of Social Sciences at

hour

minute, day month year.

The thesis can be found at:
- National Library of Vietnam
- Library of Graduate Academy of Social Sciences.


INTRODUCTION
1. The urgency of the subject
Corruption and corruption crimes have been arising and developing for a very long
time. In the socio-economic forms and the different types of state that mankind has
experienced, corruption and corruption crimes always exist. In the process of developing
the country and implementing the goal of building socialism in Vietnam nowadays, our
Party and State always respect and pay special attention to conducting anti-corruption
activities.
In corruption crimes in general, corruption crimes occurring in justice have unique
characteristics compared to corruption crimes that occur in other fields. Over the past
years, along with the complicated and increasing tendency of crimes and law violations in
our country, the situation of corruption in justice has been very complicated and tends to
happen increasingly in both nature and level. According to the statistics of the Department
of Investigation – Supreme People's Procuracy of Vietnam, from 2008 to the end of 2018,
proceedings-conducting discovered, prosecuted and investigated a total of 196 cases, 211
accused of committing crimes in justice. The fact shows that the consequences of
corruption crime in justice to the society are very serious, not only from an economic
point of view but also affecting the strictness of the law; impartiality, fairness, objectivity
of the process of resolving criminal, civil, administrative, economic and labor cases.
The reality of developments, consequences and harms that the situation of
corruption in justice in our country has caused to the society in the past years shows that,

if the operation of this type of crime continues to be complicated, prolonged or indirect
impacts will directly affect people's beliefs for the Party, State and law enforcement
agencies, law enforcers, especially those with positions and powers assigned to settle the
above cases. Besides, taking advantage of issues related to subjects with positions and
powers in law enforcement agencies that commit corruption in justice, the forces are
hostile and reactionary both inside and outside the country will find ways to take
advantage of distorting, fighting against the Party and the State, inciting the masses to
cause division of the nation's great unity.
Being aware of the particularly serious consequences of the consequences of the
crime of corruption in justice to the society, at the same time, resolving to carry out
reforms, clean and improve the effectiveness of justice in our country, in recent years,
leaders of the Party, the State and concerned ministries and branches, especially judicial
agencies and agencies engaged in justice in our country have paid attention to leading,
directing and organizing the implementation of activities to prevent corruption in justice.
The process has been implemented more frequently, with more diverse forms, initially
attracting the participation of all levels, sectors, agencies, organizations, the people and
achieving very encouraging results. Along with the fight against corruption caused by the
Party and the State widely and effectively launched nowadays, many cases of corruption
in justice have also been discovered, prosecuted, investigated and handled, creating very
positive effects on crime prevention in general and corruption crime in particular.
However, in addition to the achieved results, the process of implementing the
prevention of corruption crime in justice has still revealed certain limitations and
shortcomings such as: The legal basis for the implementation of anti-corruption activities
in general and the prevention of corruption crimes in justice in particular has been built,
issued and implemented but not fully, effectiveness and efficiency are not high, there are
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no systematic regulations on prevention of corruption crimes in justice; the number of
corruption cases in justice discovered, investigated and handled in the past time is not

high, not commensurate with the reality; this type of crime is still hidden compared to
other criminals in general; propaganda and education to prevent corruption crimes in
justice have not been conducted regularly or on a large scale, mainly focusing on the
subjects who are officials and civil servants in law enforcement agencies, especially in
judicial agencies and at the central level, have not focused on propaganda and education
for other subjects and to the grassroots level, especially organizations, mass organizations
and the people; the prevention of corruption crimes in justice has not yet mobilized a large
number of levels, branches, agencies, organizations and people, thus not promoting their
strength synthesis of both the political system and the whole society; activities of agencies
and units specialized in anti-corruption at the central level and agencies of the Police,
Supreme People's Procuracy of Vietnam, People's Courts and judgment execution agency has
improved more than the previous years but in general, the effectiveness is not high, not
commensurate with the actual situation; investigation and handling of corruption crimes in
justice are not yet thorough and strict, there are problems of some competent officials, so the
effectiveness in education and deterrence with others is still limited; the coordination between
different levels, branches, agencies, organizations and mass organizations in general and
between specialized anti-corruption agencies in justice with other agencies has not been
conducted regularly; International cooperation on prevention of corruption crime in justice
has not really been expanded, the content and forms are not yet diversified, so the
effectiveness is still very limited.
In addition, the current system of arguments on corruption crimes in justice and
prevention of corruption crime in justice has not been studied in depth and
comprehensively, at the same time, there has not been any doctoral dissertation research
on this issue. From the above reasons, the selection of the doctoral dissertation topic of
“Prevention of corruption crimes in judicial activities in Vietnam nowadays” to study
has met the urgent requirements both in theory and practically in our country nowadays.
2. Purposes and research tasks of the dissertation
- Research purposes:
Clarify the theory and practice of preventing corruption crime in justice; making
forecasts as well as comprehensive and feasible solutions to enhance the prevention of

corruption crime in judicial activities in Vietnam in the coming time.
- Research tasks:
To achieve the above-mentioned purpose, the dissertation sets out and deals with the
following basic tasks:
+ Summary of research situation including published domestic and foreign studies
related to the prevention of corruption crimes in general and prevention of corruption
situation in justice in particular from which to draw on the issues that need further
research and clarification in the dissertation.
+ Study theoretical issues about the prevention of corruption crime in judicial
activities in Vietnam.
+ Conducting surveys and assessing the situation of corruption crimes in justice and
the situation of preventing corruption crimes in judicial activities in Vietnam in recent
years; analysis and clarify the results achieved in preventing corruption crimes in justice
and limitations and shortcomings as well as the causes of these limitations and
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shortcomings.
+ Forecasting the situation of corruption crimes in justice and factors affecting the
prevention of corruption crime in justice, and giving specific solutions to contribute to
strengthening activities to prevent corruption crimes in judicial activities in Vietnam in the
coming time.
3. Object and scope of the dissertation research
- Research object:
The research object of the dissertation is theoretical and practical issues of
preventing corruption crime in judicial activities in Vietnam.
- Research scope:
+ Regarding the content: Studying the situation of corruption crimes in justice
(proceedings and judgment execution) when dealing with criminal, civil, economic,
administrative and labor cases.

+ Regarding the subject: Party committees and governments at all levels, judicial
agencies; related agencies, departments, branches and mass organizations and the people.
+ Regarding the research area: Across the country.
+ Regarding the research time: Since 2008 (the time of promulgation of the Law
amending and supplementing a number of articles of the Law on Anti-Corruption) till the
end of 2018.
4. Methodology and research methods of the dissertation
- Methodology:
The dissertation is based on the method of dialectical materialism and historical
materialism of Marxism-Leninism and Ho Chi Minh's thoughts on the State and Law; our
Party and State's views on activities of preventing and combating crimes in general and
preventing and combating corruption crimes in justice in particular.
- Specific research methods:
In addition to the above methodologies, the process of implementing the dissertation
topic, the research student has used the following specific research methods:
+ Methods of researching documents: Doctoral students study and refer to research
projects related to the dissertation topic, presented in the form of reference books,
monographs, doctoral dissertations, master's theses, scientific research topics, articles
published in specialized journals; types of periodic reports, thematic reports, records of
cases of functional agencies such as Ministry of Justice, Ministry of Public Security,
Supreme People's Procuracy, Supreme People's Court, etc., related to the organization
process activities to prevent corruption crimes in justice. In these documents, there are
information, results of implementing programs, plans and measures to prevent corruption
in justice carried out by justice at all levels, branches, agencies,mass organization and the
peoplein the localities and have the numbers statistics on the prevention, detection and
investigation of corruption corruption in judicial activities in Vietnam over the years.
- Methods of analysis and synthesis: Through all kinds of documents related to the
dissertation as well as reports of the Investigation Agency, People's Procuracy, People's
Courts at all levels, reporting the results of the cases, etc.; PhD student has summed up the
situation of crimes of corruption in justice and the results of implementing programs,

plans and measures to prevent corruption crimes in judicial activities in Vietnam over the
years. Analyzing the current situation of corruption crime in justice and evaluating the
results of implementing programs, plans and measures to prevent corruption in judicial
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activities in Vietnamese functional agencies.
- Statistical and comparison methods: PhD student conducted statistics on the
results of prevention of corruption crimes in justice in our country in the past years,
including: Statistics on corruption crimes in justice; programs, plans and measures to
prevent corruption crimes in justice have been implemented from 2008 to the end of 2018.
Since then, there has been a comparison of the complexity of the corruption crime
situation in justice to contribute to clarifying the situation of corruption crimes in justice in
our country in each period.
- Typical research methods: In the process of implementing his dissertation, the
PhD student has researched and analyzed in depth a number of typical cases of discoveries
about corruption crimes in justice occurring in practice at agencies, units and localities,
which are accepted by the Investigation Agency – Supreme People's Procuracy from 2008
to the end of 2018, thereby studying the characteristics, modes, tricks and causes of arising
and development of this type of crime.
+ Professional method: PhD student has met, exchanged and consulted with some
experts, scientists have research works on content related to the disertation in general, at
the same time, consult a number of practical staff at the Supreme People's Court, Supreme
People's Procuracy and Investigation Police Department - Ministry of Public Security,
who are direct and experienced in the organization conducting activities to prevent, fight
corruption crimes in general and prevent corruption crimes in justice in particular.
Through exchange and consultation of experts, scientists, practical staff on the content
related to the dissertation, PhD student will better understand and have a solid basis in
analyzing, judging and generalizing issues that need to be studied in the dissertation.
+ Scientific seminar: Thematic topics and dissertations are supplemented, adjusted

and finalized by PhD student on the basis of receiving comments from scientists and
experts at seminars and defend the disseration at all levels in accordance with the process
of implementing self dissertation. PhD student has received many valuable comments
from experts and scientists to improve the title, structure of the dissertation, research
orientation as well as the main contents that need to focus on collecting data and
documents to analyze explanations and clarify in the dissertation.
5. New contribution to the science of the dissertation
- The dissertation is the first scientific work, the first doctoral dissertation studies
systematically and relatively comprehensive theoretical issues about the prevention of
corruption crime in justice in our country in recent years. Accordingly, the research results
of the dissertation have clarified and brought out the core and very important issues such
as: Concepts, parameters and causes and conditions of corruption crime in justice;
concepts, positions, roles, characteristics, principles, content, legal basis, coordination and
international cooperation in preventing corruption crimes in justice. These are the issues
that the previous studies have published, although mentioned in certain aspects but not
clear or new in general perspective. Therefore, the research results of the dissertation
contribute to perfecting the theory of preventing crimes arising in justice in general.
- Through the study of the dissertation, for the first time, the situation of corruption
in justice and the prevention of corruption crime in justice in our country in the past years
has been gathered, analyzed and evaluated by PhD student in a comprehensive and
intensive way that arises in justice in general; clarify the advantages, limitations,
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shortcomings as well as the causes of limitations and shortcomings in the practice of the
prevention of corruption crimes in judicial activities in Vietnam. Thereby, the competent
agencies have been able to see the overall picture of the situation of corruption crimes in
judicial activities in Vietnam over the years.
- On the basis of the actual situation of corruption crimes in justice in the past years
and the factors affecting influence and operation trend of this type of crime, the

dissertation has made scientific forecasts about situation of corruption crimes in justice
and factors affecting the prevention of corruption crime in justice in our country in the
coming time. Besides, the dissertation has introduced a system of solutions to overcome
the limitations and shortcomings and contribute to improving the effectiveness of
operations to prevent corruption crimes in justice in our country in the coming time. The
solutions that the dissertation has a scientific basis, based on the actual situation of
corruption crimes in justice as well as the status of activities to prevent this type of crime
in Vietnam over the years, therefore, it can be applied by the competent research agencies
to practice the prevention of crimes arising in the field of justice in general and the
corruption crime situation in justice in particular.
6. The theoretical and practical significance of the dissertation
- Theoretical significance:
Through the process of in-depth research of the topic and scientific conclusions,
especially some theoretical issues on the prevention of corruption crime in justice have
added the reasons necessary essay on prevention of corruption crimes in general, thereby
contributing to perfecting the system of criminology and crime prevention.
- Practical significance:
Research results of the dissertation, especially some key solutions given by PhD
student, including specialized solutions can serve as a basis for competent authorities,
especially the competent authorities involved in justice, contributing to planning
programs, plans and measures to improve the effectiveness of preventing corruption crime
in justice in our country in the coming time. After the dissertation is defended at the state
level, it will become a document for officials in the state agencies in general, especially
the officials of the competent agencies engaged in justice to improve the effectiveness of
professional work. Besides, the dissertation is a reference document for the
compilation of curriculum, teaching and research materials in relevant institutes and
schools in our country.
7. Structure of the dissertation
In addition to the introduction, conclusions, appendices and lists of references, the
dissertation content is structured into 4 chapters:

Chapter 1: Overview of research situation related to the dissertation topic.
Chapter 2: Theory of prevention of corruption crime in judicial activities in
Vietnam.
Chapter 3: Situation of corruption crimes and the situation of preventing corruption
crimes in judicial activities in Vietnam over the years.
Chapter 4: Forecasts, point of views and solutions to strengthen the prevention of
corruption crime in judicial activities in Vietnam nowadays.

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Chapter 1
OVERVIEW OF RESEARCH SITUATION
RELATED TO THE DISSERTATION TOPIC
1.1. The situation of relevant research abroad
1.1.1. Some research projects clarify theoretical issues about prevention of
corruption crimes in general and prevention of corruption crimes in justice in
particular.
- Curriculum " Criminology" for universities (Криминология. Учебник для вузов)
by author Malkov V.D. - Professor, Doctor of Law, Russian Public Science Activist
Publisher of Law (Юриспруденция), Moscow, 2006, capacity of 528 pages, publishing
code: ISBN 5-7205-0698-5 [88].
- Scientific article “Miscarriages of Justice and the Discourse of Innocence:
Perspectives from Appellants, Campaigners, Journalists, and Legal Practitioners” by
author Sioan Jenkins, Journal of Law and Society, Vol. 40, No. 3, September 2013, ISSN:
0263-323X, page 329-355 [95].
- Scientific article “The contribution of forensic science to miscarriage of justice
cases” by author Barbara Etter, APM, Australian Journal of Forensic Sciences, 2013, Vol.
45, No. 4, 368-380, [81].
- Scientific article “The „Science‟ of Miscarriages of Justice” on UNSW Law

Journal No. 37 (1), page 376-406 [86].
- Scientific article “The Criminal Justice System Creates Incentives for False
Convictions” by Roger Koppl và Meghan Sacks, Journal of Criminal Justice, 2013, Vol. 32,
No. 2, 126 162, [91].
- Scientific article “Judicial Errors and Crime Deterrence: Theory and
Experimental Evidence” by Rizzolli, Matteo, Stanca, Luca, Journal of Law and
Economics; May 2012, Vol. 55 No. 2, page 311-338. 28 hours
[89].
1.1.2. Number of research projects have clarified the reality of corruption crimes
and the prevention of corruption crime conducted by functional agencies of the
countries.
- Doctoral dissertation “Crime of corruption in the State civil servants system in
Russia and in Germany and ruong Giang Long, in 2013 [37].
- Law doctoral dissertation " Government operations in preventing corruption
crimes in Vietnam " by Nguyen Hieu Vinh, Hanoi, in 2012 [78].
- Law doctoral dissertation “Situation, causes and measures to fight and prevent
corruption crimes" by Tran Cong Phan, Hanoi, in 2007 [42].
- Scientific article “Identify corruption in Vietnam, causes and prevention
measures" by Prof. Dr. Hoang Chi Bao posted on the integrated website of the Central
Internal Affairs Committee on 03/01/2014 [10].
- Scientific article “National corruption and unpredictable risks" by Prof. Dr.
Nguyen Trong Chuan, published in the Yearbook of the scientific conference “Discuss the
anti-corruption solution in Vietnam nowadays" organized by the Communist Journal in
collaboration with Vietnam National University, Ho Chi Minh Cityin January 2013 [23].
In addition to the above-mentioned analytical works, PhD student also approached
some other research projects in the country related to the dissertation topic such as:
Monograph "Financial Crime in integration" by Dr. Ha Hong Hop và Pham Ba Khiem,
Statistical Publishing House, in 2005 [33]; Assoc. PhD’s dissertation "Corruption in our
country nowadays and remedies" by Le Van Cuong [24]; Monograph "The fight against
corruption - the responsibilities of the Party, State and citizens" by Le Quynh, People's

Public Security Publishing House, in 2005 [60]; Article "Number of problems in fighting
corruption" by Nguyen Tuan Anh, published in the Prosecutorial Magazine No. 12/2002
[3]...
1.3. Overview of research situation
Through the study of scientific works published in the country and abroad, it has
contributed to clarifying the theoretical basis of anti-corruption work in general, gives
PhD student an overview of the actual situation of corruption crimes in some countries in
the world, region and in Vietnam in the past years as well as the efforts and results
achieved in implementing the fight against corruption of functional agencies. Therefore, it
can be affirmed that no scientific research has been conducted in depth and comprehensive
on the prevention of corruption crimes in justice cases. The topic “Prevention of
corruption crimes in judicial activities in Vietnam nowadays” will be the first scientific
work, the first law doctoral dissertation to study specifically and comprehensively on
theoretical and practical issues to prevent corruption crimes in judicial activities in
Vietnam nowadays, thereby making predictions and solutions to effectively prevent the
operation of this type of crime, contributing to clean up the judicial background in our
country in the coming time.
1.4. The issues raised that need further research in the dissertation
On the basis of the objectives and tasks of the dissertation research as well as the
results of the study of relevant research projects that have been published both
domestically and abroad, especially the results that these projects have achieved and can
inherit, the issues that have not been addressed, have not been studied thoroughly and

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comprehensively, and Phd student has set a number of key issues that need to be further
studied, analyzed, and interpreted in the dissertation as follows:
- Overview of theoretical issues on prevention of corruption crimes in judicial
activities in Vietnam.

- Studying the situation of corruption crimes in judicial activities in Vietnam in
recent years, thereby clarifying the situation, nature, structure, process and causes,
conditions of arising and development of types this crime.
- Studying the current situation of working performance of agencies, organizations
and people in preventing corruption crimes in judicial activities in Vietnam in the past
years; thereby pointing out assessments, comments on the achieved results, limitations,
shortcomings and causes of those limitations and shortcomings.
- Studying, analyzing and forecasting the situation of corruption crimes in justice
cases and the factors affecting the corruption crime in justice and the prevention of crimes
of corruption in judicial activities in Vietnam in the coming time.
- Providing solutions to enhance the prevention of corruption crime in judicial
activities in Vietnam in the coming time.
Summary of Chapter 1
In Chapter 1, PhD student has analyzed the research situation related to the
dissertation topic, focusing on analyzing typical research projects published domestically
and abroad that related to the dissertation topic. In which, the PhD student has
synthesized, analyzed and evaluated the achieved results of the above published research
works, issues that are still not mentioned or incompletely mentioned.
Chapter 2
THEORY OF PREVENTION OF CORRUPTION CRIME
IN JUDICIAL ACTIVITIES IN VIETNAM
2.1. Concept, parameters and causes, conditions of corruption crime situation in
justice
2.1.1. The concept of corruption crime in justice
The situation of corruption in justice is the state and trend of dangerous acts for
society, defined in the Criminal Code, intentionally implemented by persons with
positions and powers, with the motive of self-interest in the settlement process according
to the law of criminal, civil, administrative, economic and labor cases and to the extent
that they must be dealt with criminally.
2.1.2. Parameters of corruption crime situation in justice

The situation of corruption crime in justice is reflected in such factors as: The extent
of corruption crime in justice; structure of corruption crimes in justice; the nature of
corruption crimes in justice; process of corruption crime situation in justice.
2.1.3. Causes and conditions of corruption crime in justice
Stemming from the concepts and characteristics of the corruption crime situation in
justice, the PhD student generalized some main causes and conditions both objective and
subjective to generate and develop corruption crimes in justice.
2.2. Theory of prevention of corruption crime in justice
2.2.1. Concept, role, position of prevention of corruption crime in justice

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2.2.1.1. The concept of preventing corruption crime in justice
From the above arguments and from the concept of corruption in justice that has
been launched, it can be pointed out: Prevention of corruption crimes in justice, is the
activities of agencies, organizations and individuals in order to prevent, eliminate and
neutralize causes and conditions arising and developing dangerous acts for society,
specified in the Criminal Code, intentionally implemented by persons with positions and
powers, with a motive in self-interest in the process of settlement according to provisions
of law on criminal, civil, administrative, economic and labor cases and to the extent that
they must be dealt with criminally, contributing to ensuring social order, discipline and
safety.
2.2.1.2. Position and role of the prevention of corruption crime in justice
It can be seen that considering the overall prevention of crime in general and the
prevention of corruption crimes in particular, the position and role of the prevention of
corruption crime in justice shown as follows:
- Preventing crimes of corruption in judicial activities is an important and
indispensable part of the fight against crime in general and preventing corruption crimes in
particular, contributing to ensuring social order and safety.

- Preventing the situation of corruption crimes in justice, contributing to
strengthening the legislation and building a socialist rule-of-law state; educating the sense
of strictly abiding by the law of persons with positions, powers and competence assigned
to settle criminal, civil, administrative, economic and labor cases; at the same time
propaganda and education to raise the awareness of agencies, organizations and people to
strictly abide by law, promptly detect and denounce corruption acts in justice.
- Preventing corruption crimes in justice, contributing to clean up the apparatus of
judicial agencies and judicial support agencies; ensuring the process of resolving criminal,
civil, administrative, economic and labor cases to be fair, objective, comprehensive and
equal.
2.2.1.3. Characteristics of the prevention of corruption crime in justice
From the concept of corruption crime in justice, the characteristics of the prevention
of corruption crime in judicial activities can be drawn out as follows:
- Prevention of corruption crime in judicial activities is an activity directly related to
the activities of special entities.
- Preventing crimes of corruption in judicial activities is the activity of preventing
crimes arising in law enforcement activities of competent State agenciesas well as
activities of individuals authorized by the State.
- Prevention of corruption crime in judicial activities is a very difficult and
complicated activity.
2.2.2. The principles and legal basis of preventing corruption crimes in judicial
activities
2.2.2.1. Principles for preventing corruption crimes in judicial activities
It can be seen that the work of preventing corruption crime in judicial activities in
our country needs to thoroughly grasp and comply with some of the following basic
principles:

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- Prevention of corruption crime in justice must comply with the principle of
socialist legislation.
- Prevention of corruption crimes in justice must comply with democratic principles.
- Prevention of corruption crimes in judicial activities must have united cooperation
among subjects.
- The level of active participation of agencies, mass organizations and people in the
prevention of corruption crime in judicial activities is very limited.
2.2.2.2. Legal basis of preventing corruption crime in judicial activities
Accordingly, the legal basis for entities to conduct the prevention of corruption
crime in judicial activities, that is:
- Law on anti-corruption in 2005, amended and supplemented in 2007 and 2012
[48].
- Criminal Code in 2015, amended and supplemented by a number of articles in
2017, took effect from January 01st, 2018 [53].
- Criminal Procedure Code in 2015 [55].
- Sub-law documents relating to the prevention of corruption crimes in judicial
activities.
- Anti-corruption guidelines, programs and plans, especially national strategies to
prevent corruption.
2.2.3. Subjects, content and measures to prevent corruption crimes in judicial
activities
2.2.3.1. Subjects of prevention of corruption crimes in judicial activities
It is possible to generalize groups of subjects to prevent corruption crimes in judicial
activities, including:
- The Communist Party of Vietnam and Party organizations at all levels participate
in the prevention of corruption crimes in judicial activities.
In our country, the Communist Party of Vietnam is a revolutionary leader, leading
the struggle for independence, national defense and the career of socialism throughout the
years.
- Activities of the National Assembly, Government, People's Councils and People's

Committees at all levels in preventing corruption crimes in judicial activities.
- Police agencies, People's Procuracies and People's Courts at all levels conduct
the prevention of corruption crimes in judicial activities.
- Judicial agencies conduct prevention of corruption crimes in judicial activities.
- Political-social agencies, organizations, social-professional organizations, mass media
agencies and citizens participate in the prevention of corruption crimes in judicial activities.
2.2.3.2. Content to prevent corruption crimes in judicial activities
From the nature of crime prevention in general, content can be drawn up to prevent
corruption crimes in judicial activities including:
- establish a mechanism to prevent corruption crimes in judicial activities.
In order to prevent corruption in effective judicial activities, it is necessary to
establish a mechanism to prevent this type of crime including:
+ Massive mobilization of subjects involved in preventing corruption crimes in

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judicial activities including: Communist Party of Vietnam and Party organizations at all
levels; National Assembly, Government, People's Council and People's Committees at all
levels; Police agencies, People's Procuracies and People's Courts at all levels; judicial
agencies; political and social agencies, organizations, social and professional
organizations, mass media agencies and all citizens.
+ Develop a system of measures to contribute to preventing corruption crimes in
judicial activities, including social prevention and professional prevention measures.
+ Build political and legal institutions to create favorable conditions for organizing
the prevention of corruption crimes in judicial activities.
+ Develop coordination mechanism among subjects as well as international
cooperation in preventing corruption crimes in judicial activities in our country.
- Organize measures to prevent corruption crimes in judicial activities according to
the functions of different subjects.

This is the process of subjects including: Communist Party of Vietnam and Party
organizations at all levels; National Assembly, Government, People's Council and People's
Committees at all levels; Police agencies, People's Procuracies and People's Courts at all
levels; judicial agencies; political and social agencies, organizations, social and
professional organizations, mass media agencies and all citizens implement different
measures according to their functions and tasks to organize the prevention of corruption
crimes in judicial activities, whereby:
+ The prevention of corruption crime in judicial activities includes social prevention
and professional prevention.
+ Professional prevention for corruption crimes in judicial activities is the operation
of specialized agencies such as Police agencies, People's Procuracies and People's Courts,
Enforcement agency in applying measures according to the functions and tasks assigned to
prevent corruption crimes in judicial activities.
2.2.3.3. Precautionary measures against corruption crimes in judicial activities
In order to prevent the corruption crimes in judicial activities, all levels, branches,
agencies, mass organizations and people shall organize the following measures:
- Socio-economic measures:
- Political and ideological measures to prevent corruption crimes in judicial
activities
- Political and legal measures to prevent corruption crimes in judicial activities
- Cultural and educational precautions to prevent corruption crimes in judicial
activities:
- Measures to organize social management to contribute to preventing corruption
crimes in judicial activities.
2.2.4. Coordination and international cooperation in preventing corruption
crimes in judicial activities
2.2.4.1. Cooperation in preventing corruption crime in judicial activities
- All levels, branches, agencies, mass organizations and masses coordinate in
organizing the implementation of specific contents of programs, plans and measures to
prevent corruption crimes in justice. In the process of implementation, to regularly coordinate

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the organization of preliminary review and evaluation of the achieved results and promptly
reorganize and draw experiences, contributing to improving the coordination efficiency in
preventing this type of crime in the coming time.
2.2.4.2. International cooperation in preventing corruption crimes in judicial
activities
- Vietnamese authorities organize cooperative relations with non-governmental
organizations around the world on issues related to anti-corruption work in general and
prevent the fight against corruption crimes in judicial activities.
Summary of Chapter 2
In chapter 2 of the dissertation, it helps to clarify theoretical issues about prevention
of corruption crimes in judicial activities such as: concepts, parameters and causes,
conditions of corruption crime situation in judicial activities; concepts, positions, roles,
characteristics, content, legal basis, coordination and international cooperation in
preventing corruption crime in judicial activities.
It can be seen, chapter 2 of the dissertation has equipped the necessary knowledge,
as a basis for analyzing the main content of the dissertation which is the actual situation of
preventing the situation of corruption crime situation in judicial activities in Vietnam over
the years; conduct assessments and comments on the achieved results, limitations,
shortcomings and causes of limitations and shortcomings; From that point on, giving key
solutions to strengthen prevention of corruption crime in judicial activities in Vietnam in
the coming time..
Chapter 3
SITUATION OF CORRUPTION CRIMES AND THE SITUATION
OF PREVENTING CORRUPTION CRIMES IN JUDICIAL ACTIVITIES IN
VIETNAM OVER THE YEARS
3.1. The situation of corruption crime in judicial activities in Vietnam over the

years
3.1.1. The level of corruption crime situation in judicial activities in Vietnam over
the years
In the past years, due to the impact of the left side of the market mechanism, on the
reverse side of the process of opening up international integration, operational situation of the
types of crimes has caused complicated security and order in the localities in the country,
becoming a factor preventing that hinders the process of implementing programs and plans on
socio-economic development of the country. Typically, just in 2017, in the whole country,
there were more than 52,000 criminal cases; In 2018, more than 43,000 criminal cases occurred
(See "Table 3.1 - Appendix"). In particular, there are many cases of corrupt "convictions" to
detect, investigate, explore and handle criminals before the law over time, typically as: Bau
Kien case, Vu “nhom” case, Ut “troc” case, AVG case, Huynh Thu Huyen Nhu case, Pham
Cong Danh case and a number of other cases involving a number of officials holding high
positions in the Party, ministries, branches and localities, etc.
According to the satistics of Department of Investigation – Supreme People's
Procuracy of Vietnam, from 2008 to the end of 2018, in our country, there were 196 cases
discoveredand prosecuted, 211 was found guilty of corruption in judicial activities (See

13


"Table 3.8 - Appendix"). The reality also shows that the amount of money, property
damaged, appropriated by corruption crimes in judicial activities has increased in recent
years. From 2015 to the end of 2018, through the investigation of handling corruption
crimes in judicial activities, the authorities have clarified the total amount of money,
property damaged, appropriated due to this type of crime caused more than 33 billion and
508 million Vietnamese dongs; in which, measures to recover 18 billion and 148 million
Vietnamese dongs were carried out and went to the state fund or returned to the victims
(See "Table 3.5 - Appendix”).
The results of detection and handling of corruption crimes in judicial activities as

mentioned above are only the "surface" of corruption crime in judicial activities. Through
the work of grasping the situation and practice of organizing the implementation of this
type of crime prevention, it is shown that due to specific characteristics in the operation of
corruption crimes in judicial activities, the cases of detecting and handling this type of
crime in fact only account for a certain percentage and are very limited in the total number
of corruption crimes in justice that actually happened in our country. Accordingly, there
are still many cases of corruption crimes in judicial activities that have happened in
practice, leading to a lack of objectivity and equality in the process of resolving criminal,
civil, administrative, economic and labor cases, but for many different reasons, it has not
been discovered and dealt with before the law.
3.1.2. The structure of corruption crime in judicial activities of Vietnam over the
years
Through practical implementation of the prevention of corruption crimes in judicial
activities and the results of detection, arrest and handling of this type of crime in the past
years, in 196 cases, 211 accused of crimes of corruption in judicial activities were
discovered, prosecuted, investigated from 2008 to the end of 2018 (See "Table 3.8 Appendix”), ratio of corruption crimes in judicial activities is specified as follows:
There were 26 cases of prosecution, 29 accused were guilty of embezzling property,
accounting for 10.5%.
There were 57 cases of prosecution, 74 accused were charged with bribery,
accounting for 30.9%
There were 60 cases of prosecution, 55 accused have committed the abuse of
positions and powers to appropriate property, accounting for 31.5%.
There were 33 cases of prosecution, 33 accused were guilty of abusing positions and
authorities while on duty, accounting for 16.1%.
There were 03 cases of prosecution, 03 accused were guilty of abusing positions and
authorities to affect others to seek personal benefits, accounting for 1.3%.
There were 11 cases of prosecution, 11 accused were guilty of abusing authorities
while on duty, accounting for 6.4%.
There were 05 cases of prosecution, 05 accused were guilty of falsifying work,
accounting for 3.1%.

In addition, the authorities have also discovered and prosecuted a number of other crimes
related to corruption crimes in judicial activities, such as: 09 cases of bribing, 11 accused; 08
cases of brokering bribes, 05 accused; 12 cases of not investigating criminal liability who is

14


guilty, 15 accused; 28 cases of illegal decision, 26 accused; 02 cases of issuing illegal
judgments, 01 accused; 17 cases of falsifying case files, 15 accused. It can be seen that these
are criminals closely related to corruption crimes in judicial activities, whereby these offenses
may be the cause or result of corruption acts in justice.
Besides, the situation of corruption crimes in judicial activities in our country is in some
specific areas as follows:
- The situation of corruption crimes occurs in criminal proceedings.
- The situation of corruption crimes occurs in the process of civil, administrative,
economic and labor activities.
- The situation of corruption crimes occurred in the process of criminal judgment
execution and civil judgment execution.
3.1.3. The nature of corruption crimes in judicial activities in Vietnam over the
years
The types of crimes that occur all cause bad consequences for society at different
levels and in different areas. The situation of corruption crime in judicial activities in
Vietnam over the years has directly affected the order and discipline of the law.
In addition, the occurrence of corruption crimes in judicial activities is not
prevented by the authorities, and timely investigation will become a risk of increasing this
situation among officials and public servants of law enforcement agencies. That leads to
the corruption of a part of government officials and civil servants. It can be seen that the
increase in the situation of corruption crime in judicial activities is the cause and obstacle
in implementing the goal of building a socialist rule-of-law state in our country as well as
a goal of developing Socialist Republic of Vietnam, which is equal, democratic, and

civilized.
3.1.4. The evolution of corruption crime in judicial activities in Vietnam over the
years
Through summarizing the situation of corruption crimes in judicial activities in our
country over the years, the results of detecting, prosecuting and investigating the handling
of corruption crimes in judicial activities in the period from the year 2008 to the end of
2018 has a year-on-year increase and decrease, but overall there has been an increase. If in
2008, Vietnamese authorities only discovered and prosecuted 02 cases, 08 accused in
2018, 25 cases were prosecuted and there were 26 accused.
3.1.5. Causes and conditions of corruption crime in judicial activities in Vietnam
over the years
From the practical work of grasping the situation and organizing the implementation
of the prevention of corruption crimes in judicial activities in Vietnam over the years, the
causes and evolution of this kind of crime situation arises and develops from the following
main causes:
- Due to the incomplete legal system of Vietnam, especially the legal system of crime
prevention and law violations, there are also gaps for corruption crimes in judicial
activities to take advantage.
- Due to the closedness in the process of conducting legal proceedings to resolve
criminal, civil, administrative, economic and labor cases, a part of officials assigned to

15


relevant tasks sought to implement corrupt behavior in justice.
- Due to the adverse effects of the market mechanism and the weaknesses in the
management of cadres, a part of degenerate and degrading cadres have implemented
corruption acts in the process of handling criminal, civil, administrative, economic and
labor cases, etc.
- Organization, management, training and retraining of officials in a number of

investigating agencies, People's Procuracies, People's Courts and judgment enforcement
agencies have not been paid due attention and conducted regularly and effectively.
- Due to the coordination and relations between the subjects involved in the process of
resolving criminal, civil, administrative, economic and labor cases, it has not been specific,
clear and being ineffective..
3.2. Current situation of preventing corruption crime in judicial activities in
Vietnam over the years
3.2.1. Actual status of the participation of all levels, sectors, localities, agencies,
mass organizations and people to prevent corruption crimes in judicial activities
In recent years, all levels, branches, agencies and mass organizations at all levels
and the masses have actively implemented programs, plans and specific measures to
effectively prevent corruption in general and prevent corruption crimes in judicial
activities in particular. In particular, the Public Security, People's Procuracy and People's
Courts, judgment enforcement agencies are the agencies who play the leading role in the
implementation of preventive measures against corruption in the judicial activities,
because these are agencies assigned by the Party and the State to enforce and protect laws,
directly detect, investigate and handle criminals in general and corruption crimes in
judicial activities in particular. Moreover, the majority of people who commit corruption
crimes in judicial activities are former officials of these agencies, due to degeneration and
self-interest when being assigned the tasks and authorities to handle criminal, civil,
administrative, economic, labor cases, they committed acts of corruption.
3.2.2. Actual situation of implementing measures to prevent corruption in judicial
activities in Vietnam in recent years
Over the past years, taking part in preventing corruption crimes in judicial activities,
depending on their functions, tasks and working characteristics, all levels, branches,
agencies, mass organizations and masses people organize various programs, plans and
measures. It is a combination of general preventive measures and professional prevention
to prevent corruption crimes in judicial activities in our country.
3.2.2.1. Current situation of organizing measures of the Communist Party of
Vietnam and Party organizations at all levels in preventing corruption crimes in judicial

activities
Recently, the Communist Party of Vietnam and the Party's agencies and
organizations at all levels have implemented measures to prevent corruption crimes in
judicial activities shown as follows:
- The Communist Party of Vietnam has developed and issued guidelines expressed
in directives and resolutions relating to anti-corruption in general and preventing
corruption crimes in judicial activities in particular.

16


- Resolution No. 04-NQ / TW, August 21, 2006 of the Central Executive Committee on
strengthening the Party's leadership in the Anti-Corruption and waste prevention activities [6].
Directly related to the prevention of corruption crimes in judicial activities is the
Politburo's Resolution No. 49-NQ / TW, June 2, 2005, on judicial reform strategy by
2020.
- The Communist Party of Vietnam and Party agencies and organizations at all
levels carry out the supervision and inspection of the implementation of anti-corruption
in general and the prevention of corruption crimes in judicial activities in particular.
3.2.2.2. Actual situation of activities of People's Councils and People's Committees at all
levels to implement measures to prevent corruption crimes in judicial activities
Over the past years, as a state authority, the local state administrative agencies,
People's Councils and People's Committees at all levels have paid special attention and
regularly lead, direct anti-corruption work in general and prevent corruption in judicial
activities in particular. Leadership and direction are carried out on the basis of issuing
thematic resolutions, programs and anti-corruption plans, strengthening monitoring
functions, mobilizing the participation of local agencies, departments and unions,
strengthen resources, promote administrative reform, judicial reform, improve the capacity
of specialized prevention agencies local corruption.
3.2.2.3. Actual situation of police, People's Procuracy, People's Court in

implementing measures to prevent corruption in judicial activities
- Police agencies, People's Procuracies and People's Courts at all levels at both
central and local levels, especially Party organizations have regularly organized and
thoroughly grasped directives, resolutions, plans and operations of the Party and State
related to anti-corruption work in general, in order to to raise the awareness of officials
and party members of their units, at the same time, to grasp the undertakings, policies and
laws of the Party and the State on anti-corruption work in general, thereby raising the
awareness be responsible, active and proactively implement measures to prevent
corruption crimes in judicial activities.
- Agencies and units of the Police Department, People's Procuracy, and People's
Courts at all levels have developed plans with specific contents on anti-corruption in
general and in which the contents of anti-corruption in judicial activities to implement.
- The agencies and units of the police force, the People's Procuracy, and People's
Courts have made many innovations in both content and form to effectively implement the
roles and responsibilities according to the functions and tasks assigned in the process of
participating in the settlement of criminal, civil, administrative, economic and labor cases.
- Inspectorate of the Ministry of Public Security, Inspector of People's Procuracy,
and People's Courts regularly organize delegations to conduct inspections at agencies and
units of their branches in units and localities..
- The People's Procuracy is the body participating in the monitoring not only for the
process of resolving criminal cases at most stages from the beginning to the end. It is also
the periods of corruption and negative activities in judicial activities.
- Through investigation, prosecution, trial, People's Procuracy and People's Court
quickly investigated and strictly dealt with corruption cases in judicial activities, thereby

17


contributing to educating and deterring those who are currently working in judicial
agencies who are intending to take advantage of judicial activities to conduct corrupt acts.

On that basis, from 2008 to the end of 2018, through investigating and handling corruption
crimes in judicial activities, the Department of Investigation has issued 651 petition
documents to the functional agencies to organize the withdrawal of experiences, timely
remedy of loopholes and shortcomings to corruption crimes in judicial activities, taking
advantage of criminal activities. In particular, 276 petition documents were sent to the
police offices at all levels, 149 petition documents sent to the People's Courts at all levels,
94 petition documents sent to the People's Procuracy at all levels, 162 petition documents
to the judgment enforcement agencies at all levels and 46 petition documents to other
relevant agencies (See "Table 3.6 - Appendix”).
3.2.2.4. Actual situation of the judicial agencies in implementing measures to
prevent corruption crime in judicial activities
Participating in the prevention of corruption crimes in judicial activities, in the past, the
judicial agencies and units have actively implemented the following specific contents:
- Leading and actively coordinating with relevant agencies such as the Police,
People's Procuracy, People's Courts as well as local authorities, agencies and unions to
organize propaganda, education and prevention of corruption crimes in general and
preventing corruption crimes in judicial activities in particular.
- In the process of implementing their duties, agencies and units of the Ministry of
Justice, Department of Justice and Judicial Division have regularly advised competent
agencies to develop, amend and supplement legal documents related to anti-corruption,
promptly discovered loopholes and shortcomings in the promulgated laws that could
become loopholes for those in judicial agencies to take advantage of acts of corruption.
3.2.2.5. Actual situation of political and social agencies, organizations, social and
professional organizations, mass media and citizens in implementing measures to prevent
corruption crimes in justice
- Within their agencies and organizations, political and social agencies, organizations,
social and professional organizations, mass media agencies have organized propaganda and
education campaigns to prevent corruption in general, which incorporates the contents of
preventing corruption crime in judicial activities in order to further enhance the awareness of
members about the meaning and importance of Anti-corruption work and aware of their

responsibilities for actively participating in this work.
3.2.2.6. Current situation of developing mechanisms and implementing relations of
force coordination and international cooperation in preventing corruption crimes in
judicial activities
International cooperation in preventing corruption crimes in judicial activities in the
past years is reflected in the following aspects: Information exchange related to corrupted
criminals in judicial activities in Vietnam fled abroad; verfity property due to the act of
committing corruption in judicial activities and being dispersed abroad by offenders;
exchange experiences, training and fostering capacity for officials of Vietnam's law
enforcement agencies, thereby contributing to improving the effectiveness of prevention
of corruption crimes in justice.
3.3. Comments
3.3.1. Advantages

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Through practical research, implementing the prevention of corruption crime in
judicial activities has the following advantages:
- Awareness of leaders of the Party, State, ministries, branches, local authorities,
agencies, organizations, mass organizations and people on the fight against corruption in
general and the prevention of corruption crimes in judicial activities in particular has
been increasingly raised.
- The prevention of corruption crimes in judicial activities has made changes in
both quality and quantity; content, forms are increasingly rich, diverse and more effective.
- Investigation agencies, People's Procuracy, People's Courts, all levels as well as
other judicial support agencies such as judgment enforcement agencies, inspection
agencies, etc., have actively and proactively implemented internal protection work,
implemented measures to prevent officers in their branches from taking corrupt acts in
judicial activities..

- Mechanism for the people as well as mass organizations, mass media agencies,
judicial support mechanisms to participate in anti-corruption work in general and to
prevent corruption crimes in particular are increasingly diversified and promoted.
- The political and legal basis for implementing activities to prevent corruption and
crimes in judicial activities has been strengthened and improved, creating favorable
conditions for competent agencies, organizations, departments and unions participate in
this work.
- The system of anti-corruption agencies in both the Party organization and the
government has been built and strengthened from central to local levels; be strengthened
in the personnel structure, so it has gradually promoted its effectiveness and efficiency in
the operation process.
- The implementation and application of laws in the prevention of corruption crimes
in judicial activities has been increasingly effective.
3.3.2. Limitations, shortcomings
In addition to the achievements in the implementation of the prevention of corruption
crimes in judicial activities, this work still reveals some of the following limitations and
shortcomings:
- The legal basis for the implementation of anti-corruption work in general and the
prevention of corruption crimes in judicial activities in particular has been developed but
not yet fully, still reveals limitations and shortcomings; effectiveness and efficiency in
practice are not high; There are no separate regulations on the prevention of corruption
crimes in judicial activities.
- The effectiveness in preventing corruption crimes in judicial activities is not high,
not commensurate with the actual situation of activities of this type of crime.
- The participation of all levels, branches, agencies, organizations and citizens in a
number of agencies, units and localities in preventing corruption crimes in judicial
activities is not really crowded and positive and drastic; The power of the whole political
system in preventing corruption crimes in judicial activities has not really been promoted.
- Activities of agencies and units specialized in anti-corruption of the Central
Government, police agencies, People's Procuracy, People's Courts and Inspection

agencies in organizing the implementation of the prevention of corruption crime in
judicial activities have improved, but are generally limited, not commensurate with the
actual situation.
19


- Relationships between different levels, sectors, agencies, organizations and mass
organizations in general and among agencies specialized in preventing corruption crimes
in judicial activities with relevant agencies have not been regular and effective..
- International cooperation in preventing corruption in judicial activities has not
really been expanded, the effectiveness is still very limited.
3.3.3. Causes of limitations and shortcomings
It can be seen that the limitations and shortcomings disclosed in the organization of
preventing corruption crime in judicial activities in our country have come from many different
objective and subjective causes, but overall, it is due to some of the following main reasons:
- The subject of corruption crimes in judicial activities is a special subject, which is
the people previously had positions, powers and authortiesin judicial agencies, judicial
support agencies, or close relationships, formed in advance with the leaders of such
agencies, so they have a lot of experience in hiding their behaviors.
- Due to the limited capacity and qualification of a part of law officers, there is still
a situation of promulgating the lack of legal documents on corruption prevention in
justice, not suitable with the reality, lack of legal regulation or overlap or conflict.
- The shift in awareness and sense of responsibility of a part of officials in agencies,
units, localities and people to the anti-corruption work in general and anti-corruption in
justice is not high; professional qualifications are still limited, failing to meet the current
task requirements; some officials are degraded in ideology, politics, morality, lifestyle;
equipment for work is still insufficient and outdated.
- Investigation and handling of corruption crimes in judicial activities have not been
thorough and strict in recent years, so the effectiveness in education and deterrence with other
subjects is still very limited.

- The inspection, examination and supervision of investigation, prosecution and
adjudication of criminal, civil, administrative, economic and labor cases are sometimes
not conducted regularly, the effectiveness is still limited.
- The propagation and education of anti-corruption in judicial activities is not
effective, has not been carried out regularly and widely in some areas, only focusing
mainly on subjects who are officials and civil servants in state agencies, especially law
enforcement agencies, have not been extended to other subjects and to grassroots levels,
especially organizations, mass organizations and people.
Summary of Chapter 3
In order to prevent corruption crimes in judicial activities, at all levels and branches,
especially the Police, People's Procuracy, and People's Courts have promoted the role of a
leader, a core, more and more active and proactive in leadership, direction, construction and
implementation of programs, plans and preventive measures for this type of crime. In
addition, the authorities have taken many measures to mobilize the participation of agencies,
departments, unions and people with this work. The initial results are very encouraging, the
authorities have discovered, investigated and dealt with many cases of corruption crimes in
judicial activities. Thereby, reinforcing the belief of the masses to the law enforcement agencies.
However, it must be frankly acknowledged that the effectiveness of activities to
prevent corruption crime in judicial activities is limited, not commensurate with the reality
of the crime situation. That requires functional agencies to continue promoting prevention
work with this type of crime in the coming time.

20


Chapter 4
FORECASTS, POINT OF VIEWS AND SOLUTIONS
TO STRENGTHEN THE PREVENTION OF CORRUPTION CRIME IN
JUDICIAL ACTIVITIES IN VIETNAM NOWADAYS
4.1. Forecasts

4.1.1. Basis of forecasts
In the past years and the coming time, our Party and State will continue to lead and direct
the effective implementation of the state administrative reform, sealing holes, loopholes and
shortcomings in state management in all areas. n the judicial field, we continue to effectively
implement the Politburo’s Resolution No. 49-NQ / TW dated June 2nd, 2005 on the judicial
reform strategy by 2020 [15].
4.1.2. Forecasts content
4.1.2.1. Forecasts of corruption crime in judicial activities in Vietnam in the coming
time
The situation of corruption crime in judicial activities in our country in the coming
time is as follows:
- The situation of corruption crimes in judicial activities in our country in the
coming time will continue to have complicated developments and potential risks.
- Due to the opening of integration, strengthening economic cooperation with
international partners to develop the country's socio-economic, will inevitably arise,
develop transnational crimes and foreign elements as well as civil, administrative,
economic and labor disputes with foreign partners.
- In the coming time, due to the fierce struggle of the authorities, besides cases of
corruption crimes in judicial activities arise spontaneously, singly, cases of corruption in
judicial activities are large and closed, with the participation of officials from the Investigation
Agency, People's Procuracy, People's Court, judgment enforcement agency, lawyers and
inspection agencies, etc.
- Due to many different reasons, especially due to the nature of the interests of the
competent officials in the legal protection agencies and related people, it is possible to affirm
that all the process of resolving criminal, civil, administrative, economic and labor cases in our
country may be at risk of committing corruption offenses in judicial activities.
4.1.2.2. Forecast of factors affecting the prevention of corruption crime in judicial
activities in Vietnam in the coming time
In the coming time, in the process of implementing activities to prevent corruption crime
in judicial activities as well as quality, the effectiveness of this activity will be affected by the

following factors:
- The fight against corruption launched by our Party and State has been going into a
fierce stage.
- Over the past years, from the practical implementation of preventing corruption
cases in judicial activities, Vietnamese authorities have learned valuable lessons.
- In the coming time, be more and deep aware of of the meaning and importance of
the prevention of corruption crime in judicial activities as well as the actual situation of
activities of this type of crime, the Party and the State and relevant functional agencies
will consolidate the organization and staff, and carry out necessary measures on training

21


and fostering to further improve the legal qualifications of officials specialized in anticorruption.
- The opening of the integration and strengthening of international cooperation of
the Party and State in the coming time will continue to be one of the priority directions to
promote implementation to contribute to creating the position and power for the cause of
national construction and development.
- In the coming time, the legal system of our country will be adjusted, social
relations will be improved.
4.2. The viewpoint of preventing corruption crime in judicial activities in the
coming time
The viewpoint of preventing corruption crime in judicial activities is not specified in
the thematic documents but is integrated in the documents issued to lead, direct and
deploy the fight against crime as well as to reform conducting reforms to build a strong,
efficient and highly effective judiciary.
Through research, analysis, synthesis can be generalized according to the key points
of view on the prevention of corruption crimes in judicial activities in the following time,
specifically as follows:
- Strive to achieve the goal of building a clean, strong, democratic, strict judiciary,

protect justice, gradually modernize, serve the people and serve the Socialist Repuclic of
Vietnam; conduct efficient and highly effective judicial activities with a focus on trial
activities.
- Carry out the consolidation of the judiciary apparatus and build up a clean and
strong judicial and judicial support team, raise the level of law, profession and sense of
responsibility for work and objectivity , public affairs, impartial in the process of
performing tasks.
- Strengthen the monitoring mechanism of elected bodies and promote people's
ownership of judicial agencies.
- Corruption crimes in judicial activities must be effectively prevented; promptly
detect, prevent, investigate strictly handle this type of crime.
4.3. Solutions to strengthen prevention of corruption crimes in judicial
activities in Vietnam nowadays
4.3.1. Continue to study and formulate mechanisms and policies to serve the
prevention of corruption crimes in judicial activities
In order to create the basis and favorable conditions for the implementation of the
prevention of corruption crimes in judicial activities, the work of developing and
completing the legal mechanisms and policies is a compulsory requirement, extremely
important and should be carried out regularly and continuously. On the one hand, it is
necessary to ensure that there is a need for a sufficient legal basis to adjust related issues,
on the other hand, it is necessary to timely detect, amend and abolish the legal regulations
which are no longer appropriate, not yet appropriate or being overslap.
4.3.2. Conduct consolidation of the organization, improve the political, moral,
qualification and capacity of staff in judicial agencies and judicial support agencies
4.3.2.1. Strengthen the organization, renew the operation of judicial agencies and
judicial support
The consolidation and renovation of judicial agencies and judicial support agencies

22

are part of our Party and State's overall program on reforming the judicial system to be
more transparent, clean and more efficient, while effectively preventing the situation of
corruption in judicial activities.
4.3.3. Renovate and improve the effectiveness of inspection, examination and
supervision of investigation, prosecution, trial and enforcement of criminal, civil,
economic, administrative and labor cases
In the fight against corruption in general and the prevention of corruption crimes in
judicial activities in particular, the inspection, examination and supervision of the process
of settling resolving criminal, civil, economic, administrative and labor cases has a
particularly important meaning and needs to be carried out regularly, continuously and has
been constantly improving the quality of efficiency. At the agencies and localities that do
well this work, the prevention of corruption crime in judicial activities are carried out
more effectively, there are fewer cases and issues.
4.3.4. Effectively implement the work of coordinating forces and international
cooperation in preventing corruption crimes in judicial activities
4.3.4.1. Effectively implement the work of coordinating forces in preventing
corruption crimes in judicial activities
The purpose of effective implementation of coordination relations in the prevention
of corruption crimes in judicial activities is to mobilize a great number of levels, branches,
agencies, mass organizations and the entire political system to participate in this work. In
which, it is necessary to emphasize the the relationship between agencies that play a key
role in the fight against corruption in general and prevent corruption crimes in judicial
activities in particular, including agencies such as: Investigation agencies, People's
Procuracies and People's Courts with other agencies and organizations, especially with
inspection and examination agencies, etc.
4.3.4.2. Expand and improve the effectiveness of international cooperation
contributes to preventing corruption crimes in judicial activities
Fight against corruption in general and prevent corruption crimes in judicial
activities in particular not only in Vietnam but also countries around the world are also

facing this situation. Therefore, the United Nations has taken this issue to the conference
and ratified the International Convention on Anti-Corruption Concretizing this
Convention, Vietnam has developed, enacted and introduced the Law on Anti-Corruption
in 2005, in which Article 89 affirms Vietnam's position in international cooperation.
4.3.5. Regularly conduct and improve the quality and effectiveness of propaganda
and education, socialize the prevention of corruption crime in judicial activities
As analyzed, corruption crimes in justice are more hidden than other types of
crimes, many cases that occurred many years ago were later detected and investigated.
The reason is that the process of committing crimes often does not have witnesses, the
offenders are those with positions and powers, and many ways to deal with the law and
conceal their criminal acts; specially, people's knowledge and people's participation in the
prevention of corruption crime in general and the prevention of corruption crimes in
judicial activities are very limited.
CONCLUSION
Corruption crimes have arisen, developed, increased complexity and caused very serious
consequences for political, economic and social life in many countries around the world,
including Vietnam. Our Party and State assess the issue of corruption as one of the important
23


risks that make the socio-economic situation less developed, the risk of falling behind, leading
to alienation and degradation of a large number of offcials and Party members, causes the risk
of "self-evolutions", "self-transformation", affecting the survival of the regime.
In the scope of the dissertation topic, in theory, the PhD student has analyzed and
clarified a number of issues on prevention of corruption crimes in judicial activities such
as: Concepts, parameters and causes, conditions of corruption crime situation in judicial
activities, concepts, positions, roles, legal bases, principles, content, coordination relations
and international cooperation in preventing corruption crimes in judicial activities. The
theoretical contents are analyzed and clarified, contributing to enriching the theoretical
system of anti-corruption in general and preventing corruption crimes in judicial activities

in particular.
In practical aspects, the doctoral dissertation has analyzed the characteristics of
some related situations such as: Corruption crime situation in judicial activities in Vietnam
over the years; Party and State views in prevention and against this type of crime. In
particular, the dissertation focuses on analyzing the status of activities to prevent
corruption crimes in judicial activities at all levels, sectors, agencies, organizations and
citizens from 2008 to the end of 2018. Through analysis, it can be seen that in recent
years, the situation of corruption in judicial activities in Vietnam has been very
complicated, causing serious consequences. Although through the organization and
implementation of programs, plans and measures of functional agencies to prevent and
fight this kind of crime, it still reveals limitations, shortcomings and are not commensurate
with the actual situation of crime; this type of crime is still considerably hidden. In the
framework of the dissertation, after analyzing and clarifying the situation of preventing
corruption crimes in judicial activities, the PhD student has made general assessments and
comments in terms of advantages, limitations, shortcomings and causes of limitations and
shortcomings. This is one of the important bases to provide solutions to improve
operational efficiency to prevent corruption crime in judicial activities.
Through reasoning and analysis, clarifying relevant contents, including forecasts of
corruption crime in judicial activities in the coming time, as well as forecasting the
impacts affecting the prevention of corruption crimes in judicial activities, the PhD student
offers a system of solutions to contribute to improving operational efficiency to prevent
corruption crime in judicial activities in the coming time. These solutions are both macro
and specific and need to be deployed synchronously to achieve the highest efficiency. At
the same time, one of the most important and indispensable elements in the organization to
effectively implement these solutions is to mobilize the participation of all levels,
branches, agencies, organizations and all citizens in order to promote synergy, in which
the role of police agencies, People's Procuracy, and People's Courts, judgment
enforcement agencies are particularly important, as a leading position and a core.
Despite great efforts, however, in the process of carrying out the dissertation, the
PhD student has been unable to avoid the limitations and shortcomings, and hope to

receive sincere comments from experts, scientists and colleagues so that the dissertation
continue to be supplemented, amended and more completed.

24


LIST OF PUBLISHED WORKS
RELATED TO THE DISSERTATION
1. Some solutions to prevent and combat corruption offenses in judicial activities,
Prosecutorial Magazine No. 22 – 2018.
2. Some new points of the Criminal Code in 2015, Journal of Crime Prevention
No. 65.
3. Developing and enhancing the law on preventing and fighting against
corruption in the current judicial activities, Industry and Trade Magazine No. 13
– 2018
4. Improve the effectiveness of detecting and investigating crimes of infringing
upon justice of investigating agencies of the Supreme People's Procuracy,
Prosecutorial Magazine No. 20 - 2014.
5. Enhancing cadres for public procurement agencies proceeding and
implementing judgments to meet anti-corruption prevention and complaints in
judicial activities, Journal of People’s Public Security Political Sciences No. 34 –
2018
6. Developing and enhancing the law on preventing and fighting against
corruption in the current judicial activities, Journal of Ethnicity and Time No.
202 – 2018