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Vietnam feasibility study - EITI

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Finance and Budget of the National Assembly in cooperation with other related parties to carry out<br />

the <strong>EITI</strong> program. Besides, there is one opinion that claims that the <strong>EITI</strong> implementation is considered<br />

as a tool against corruption in the extractive sector, so that the National Anti-Corruption Steering<br />

Committee is a suitable body to lead the <strong>EITI</strong> committee.<br />

d. Possible barriers when <strong>Vietnam</strong> implements the eItI<br />

Institutional and law enforcement barriers<br />

Some respondents claimed that a big gap exists between regulations and law enforcement in <strong>Vietnam</strong>.<br />

The regulations on transparency, information disclosure and anti-corruption have been stated in many<br />

legal documents. However, law enforcement is rather low. Many regulations when implemented at<br />

the local level have a low efficiency because of weak oversight mechanisms and sanctions. Often the<br />

extractive company incorrectly informs about its payments to government, which together with a<br />

lack of oversight discipline of the institutional system is a considerable challenge. Particularly, the<br />

so-called “beg-give” mechanism in licensing occurs widely, so it is hard to achieve transparency in<br />

the extractive sector. Furthermore, a low privatization in the extractive industry in which the state<br />

companies currently own almost all crucial minerals have resulted in state monopoly in the business<br />

environment. Therefore, it could be difficult to promote transparency in those companies due to<br />

conflicts of interest.<br />

Political barrier<br />

Some respondents argued that while <strong>Vietnam</strong> and neighboring countries dispute territories in<br />

the Southeast Asia Sea, transparency in the petroleum industry is almost impossible. Moreover,<br />

“transparency” in <strong>Vietnam</strong> is a sensitive issue, even though it is much referred to in national laws and<br />

policies. Implementation of the <strong>EITI</strong> would certainly affect some interest groups. Meanwhile corruption<br />

in <strong>Vietnam</strong> widely occurs in most sectors. Therefore, the <strong>EITI</strong> would be hard to implement without<br />

strong political commitments.<br />

Financial barrier<br />

Some interviewees claim that while the government aims at reducing its governance system and<br />

public expenses, the establishment of a new organization will lead to an increased public expense<br />

and human resources.<br />

Human resource barrier<br />

Companies and governmental authorities all claimed that <strong>Vietnam</strong> lacks human resources to undertake<br />

the <strong>EITI</strong> implementation.<br />

e. solutions to overcome the barriers and challenges<br />

When asked to provide a solution to cope with the barriers and challenges in promoting transparency<br />

in the extractive industry, as well as when implementing the <strong>EITI</strong>, the respondents opinions can be<br />

summarized, as follows:<br />

• The central governmental authorities should develop specific guidelines for public disclosure<br />

of revenues and payments so that the local governmental authorities could implement them<br />

easily. Moreover, the government should have clear criteria for companies in terms of disclosing<br />

payment information. The payment data of the company should be available on one website<br />

managed by the government, which the companies can access and often update their data.<br />

These activities could help reduce illegal trading of minerals.<br />

• About the disclosure of financial information of the company, the government should have<br />

regulations for examining the accuracy between what data the company discloses and what<br />

the government receives. Moreover, the government needs to complement its regulations on<br />

The Extractive Industries Transparency Initiative and the Implementation Perspective of <strong>Vietnam</strong><br />

59

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