Vietnam feasibility study - EITI

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fee - collecting organizations and individuals must implement the reporting regime, periodically report
on the final settlement of the collected, remitted and used charges and fees; implement the financial
transparency regime according to law provisions.” (Article 22).
The Ordinance on Exercise of Democracy in Commune, Ward and Township of 2007 clearly lists the
content to be publicized to people by Government agencies in Article 5, paragraph 4: “The management
and use of assorted funds, investments, financial aids under programs or projects for communal level;
contributions mobilized from people”; and “Payers and collection levels of assorted charges and fees as
well as other financial obligations directly collected by communal-level administrations”.
The public disclosure of information about contribution and finance is the obligation of the enterprises
without violating the Law on Competition. Business secrets according to this law means information
that satisfies all of the following conditions: “1. It is not common knowledge; 2. It is able to be applied
in business and when used will create an advantage for the information holder over an entity which does
not have or use such knowledge; (c) It is protected by its owner by necessary means in order that such
information will not be disclosed and will be difficult to access” (Article 3, paragraph 10).
Article 37, Decree No.115/2009 on amending and supplementing a number of articles of the
Government’s Decree No.48/2000/ND-CP detailing the petroleum law and the regulation on bidding
for petroleum survey, exploration and exploitation promulgated together with decree No 34/2001/
ND-CP: “Ensure the efficiency of investment projects, publicity and transparency in the implementation
process of the bidding and contracting”.
Iv.2.2 Transparency in policies of the communist Party and state
Publicity and transparency are also the important orientations expressed in the Party’s documents
and State’s policies. For example, the document of the 9 th National Party Congress (2001) stipulates:
“ensure the transparency in the use of State budget, public property, finance of the Party and mass
organizations, State-owned enterprises, funds contributed by citizens or foreign donors. Publicize
economic – social strategy, overall programming and development plan to create a basis for planning of
each sector in all levels and business planning. Ensure the publicity, transparency, harmonize the benefits
of the State, business sector and citizens; encouraging production development and social equity”.
The document of the 10th National Party Congress 2006 affirms: “To create favorable legal and
policy environment to promote the social resources for development. The legal environment should be
transparent and open for fair competition between business entities. To ensure publicity and transparency
in public procurement and construction, management construction projects, finance and State budget;
mobilize and use the contributions of citizens; manage and privatize state-owned enterprises; manage
land using, public assets, personnel work. Implement the regulations on democracy at grassroots units,
ensuring publicity and transparency in economic and financial activities in administrative agencies
providing public service units and state-owned enterprises”.
The 3rd Plenum of the 10 th Central Party Committee strongly requires that “The whole Party and
political system have to commit strongly to fight against corruption and waste”.
The political report in the National Party Congress 11 th (2011) of the Communist Party continues to
affirm that “to enforce the transparency, public disclosure in economic, finance activities in the administrative,
public services and state owned business. Transparency and public disclosure of governance mechanism, policy,
project investment, construction, spending that is financed by the state budget and the civil contribution”
The economic development strategy from 2011-2020 of the Vietnamese Communist Party continues
The Extractive Industries Transparency Initiative and the Implementation Perspective of Vietnam