Trung Son Hydropower Company
Code of Ethics and Conduct
This Code of Ethics and Conduct sets out the corporate position of Trung Son Hydropower Company (TSHPCo) on anti-corruption, and sets expected standards of behavior for its managers and staff.
TSHPCo’s CORPORATE POSITION
1. TSHPCo is committed to make all reasonable efforts to conduct its business and affairs so as to ensure that it and its management and staff do not engage in or facilitate any form of corruption.
2. Corruption causes poverty and suffering, inhibits economic growth, may endanger safety and the environment, and could result in criminal and civil liability and penalties for TSHPCo or its individual managers and staff.
3. Corrupt practices include:
· Bribery – offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions of another person
· Fraud – any act, omission or misrepresentation, made to knowingly mislead, or attempt to mislead, another person to obtain a financial or other benefit or to avoid an obligation
· Collusion – an arrangement between two or more persons designed to achieve an improper purpose, including improperly influencing the actions of another person
· Coercion – impairing, harassing, harming, or threatening so to do, directly or indirectly, any person or their property to improperly influence their actions
· Obstruction – deliberately destroying, falsifying, altering or concealing evidence, or making false statements, or coercing any party so to do, to impair an investigation
Note that a person could also be a company or other institution.
4. TSHPCo prohibits its management and staff from engaging in any form of corruption in relation to its business or affairs.
5. TSHPCo has put in place a comprehensive anti-corruption program and will properly implement this program and review its effectiveness annually.
6. TSHPCo’s management and staff are expected to be fully familiar with this program and to ensure they complete training in its various components – including but not limited to this Code, the Conflict of Interest Register, and if applicable the role of the Bid Package Captains and the Internal Controls Checklists to be used by them.
INDIVIDUAL STANDARDS OF ETHICAL BEHAVIOUR
7. In addition to legal compliance with Vietnamese Laws and Decrees, and compliance with Vietnam Electricity’s Regulations, and where applicable, the procurement policies of international donor agencies, TSHPCo’s management and staff are expected to act in accordance with the following ethical standards when acting, in the course of their professional duties, as a representative of TSHPCo:
· Integrity – management and staff shall not exploit their position for personal gain and shall maintain the highest standards of integrity and honesty
· Impartiality – management and staff shall give equal and open treatment to all potential and existing providers of goods, works or services and shall not give any unlawful preference
· Concern for value for money – management and staff shall always seek to ensure the optimum value for money in any procurement by TSHPCo, and the timely and proper delivery of the quantity and quality of goods, works or services according to the applicable contract
8. Individual managers and staff shall take personal responsibility for ensuring that they and those they manage behave in an ethical and lawful manner as described above.
9. THSPCo managers and staff shall not, in the course of their professional duties when acting as a representative of TSHPCo, give or receive any gifts or hospitality valued in excess of VND 500,000 to any person or organization.
10. THSPCo managers and staff shall not, in the course of their professional duties when acting as a representative of TSHPCo, give or receive any facilitation payment, except when the manager or staff’s personal safety is at risk. A facilitation payment is intended to encourage another person to carry out his or her duty.
11. THSPCo managers and staff shall not abuse for personal gain any information gained in the course of their professional duties when acting as a representative of TSHPCo. In particular they shall ensure no leakage of:
· Contents of any bidding documents prior to the official release time and date
· Contents of bids, notebooks, minutes of bid evaluations or third party opinions on bids prior to the official publication time and date of the bidder selection results
· Requests for clarification by TSHPCo and responses to those requests by bidders prior to the official publication time and date of the bidder selection results
· Requests for clarification by bidders and responses to those requests by TSHPCo prior to the official release time and date of such clarifications simultaneously to all bidders
· Reports by the bid evaluation committee, or any other third party, relating to the evaluation prior to the official publication time and date of the bidder selection results
· Bid selection results prior to the official time and date for publication
· Any procurement information bearing a confidential stamp or marking according to Vietnamese Laws or Decrees, Vietnam Electricity’s Regulations, or where applicable the procurement policies of international donors
12. THSPCo managers and staff on learning of, in any way with reasonable evidence, of any violation of this Code shall report that violation to their supervising manager or to the higher competent authorities.
13. Individuals reporting such violations in good faith shall be afforded protection from being threatened, harassed or victimized in any way, according to Vietnamese Laws and Decrees and related regulations on anti-corruption, complaints and denunciations.
I have read, understood and agreed with this Code of Ethics and Conduct and agree to abide by it.