Is it strictly forbidden to give gifts during the Vietnamese New Year 2023 to leaders at all levels in any form?
Prime Minister of Vietnam prohibits giving gifts during the Vietnamese New Year 2023 to leaders at all levels?
On December 23, 2022, the Prime Minister of Vietnam issued Directive 22/CT-TTg in 2022 on strengthening measures to ensure the Vietnamese New Year of the Cat in 2023. Significantly, the Prime Minister directed the ministries, agencies, units, and localities as follows:
Agencies in the state administrative system strictly do not organize visits to and wish New Year's greetings to their superiors and leaders at all levels; not organize delegations of the Central Committee to visit and wish New Year's greetings to Party committees and authorities of provinces and cities; it is strictly forbidden to give Tet gifts to leaders at all levels in any form; not using the state budget, means and public property in contravention of regulations; not participate in superstitious and superstitious activities; Only attend temple ceremonies and festivals when assigned.
In addition, in Section 5 of Directive 22/CT-TTg 2022, the Prime Minister of Vietnam also instructs ministries, agencies, units and localities as follows:
Ministries, agencies, units and localities:
a) Thoroughly and strictly implement Directive No. 19-CT/TW dated November 18, 2022 of the Secretariat and this Directive; uphold the responsibility of the leader, ready to respond to any situation; creating conditions for enterprises to stabilize and maintain production and business activities, striving to achieve the highest level of set targets and targets; closely inspect and supervise, ensure food safety, environmental sanitation, prevention of COVID-19 epidemics, influenza, dengue fever, monkeypox, etc.; closely monitor the price and market situation, strengthen analysis and forecast, promptly take appropriate management measures, control inflation, especially at the end of the year; organizing and assigning Tet duty, directing agencies, units, organizations and enterprises in the locality to proactively arrange production and business plans, strictly implement the reporting and Tet duty regime to ensure the operate smoothly during the Vietnamese New Year. Complete the review of the work in 2022 before January 10, 2023 (preferably holding online conferences, only in person when necessary).
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c) Well organize visits and wishes for Tet to war invalids, families of martyrs, families with meritorious services to the country, revolutionary old cadres, Vietnamese Heroic Mothers, human beings, intellectuals, and prestigious people in the country. ethnic minorities, typical religious dignitaries, armed forces units, permanent forces on duty on Tet holiday, especially in border areas, islands, difficult areas, and complicated areas of political security, social order and safety. Well implement the social and security policy, promote the tradition of great solidarity, the spirit of "mutual love and mutual affection" of the nation, take care of the people's material and spiritual life, ensure that everyone All have conditions to enjoy Spring and celebrate Tet holiday.
d) Strengthening the thorough understanding, direction, detection, prevention and strict handling of acts that cause harassment and trouble for enterprises and people in handling affairs; strengthen measures to prevent negativity and corruption in public service activities. Immediately after the Tet holiday, agencies, organizations and units urgently focus on work, do not let delay affect production and business activities, strive to complete tasks right from the first months of the year.
Is it strictly forbidden to give gifts during the Vietnamese New Year 2023 to leaders at all levels in any form? (Image from the Internet)
Leaders who receive gifts during the Vietnamese New Year 2023 are guilty of taking bribes?
Pursuant to Article 354 of the 2015 Criminal Code of Vietnam, supplemented by point r, Clause 1, Article 2 of the 2017 Law on amendments to the Criminal Code of Vietnam providing for the crime of taking bribes as follows:
Taking bribes
1. Any person who abuses his/her power to directly or through an intermediary receive or promise to receive any of the following benefits for himself/herself or for another person or organization as a condition to act or not to act in the interests of or at the request of the bribe giver shall face a penalty of 02 - 07 years' imprisonment:
a) Money, property or other tangible benefit assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the bribe recipient has incurred a disciplinary penalty for the same offence or has an unspent conviction for any of the offences specified in Section 1 of this Chapter;
b) Intangible benefits.
2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence is committed by an organized group;
b) The offender abuses his/her position or power to commit the offence;
c) The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;
d) The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;
dd) The offence has been committed more than once;
e) The offender knows that the bribe is state property;
g) The offender solicits bribes or employs a deceitful method to take bribes.
3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:
a) The bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;
b) The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.
4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:
a) The bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000;
b) The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.
6. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.
Thus, if a leader has the act of accepting gifts on the occasion of the Vietnamese New Year 2023 in order to do or not do a job for the benefit or at the request of the giver, he may commit a crime of accepting bribes.
The penalty for taking bribes is imprisonment from 2 to 20 years, life imprisonment or death. The offenders are also banned from holding certain posts for one to five years, may be subject to a fine of between VND 30,000,000 and 100,000,000, and have part or all of their property confiscated.
Giving gifts during the Vietnamese New Year 2023 to leaders is guilty of giving bribes?
Article 364 of the 2015 Criminal Code of Vietnam provides for the crime of giving bribes as follows:
Giving bribes
1. Any person who directly or through an intermediary gives or promises to give any of the following benefits to an office holder or another person or organization in order to influence him/her to perform or not to perform certain tasks in the interests of or at the request of the bribe giver shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;
b) Intangible benefits.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves deceitful methods;
c) The bribe is state property;
d) The offender abuses his/her position or power to commit the offence;
dd) The offence has been committed more than once;
e) The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000.
3. If the bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 07 - 12 years' imprisonment.
4. If the bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
6. Any person who promises to bribe a foreign official, an official of a public international organization or an office holder in an enterprise or organization other than state organizations shall be dealt with in accordance with this Article.
7. Any person who is forced to give bribes but voluntarily reports the bribery before being discovered shall be acquitted and have the money or property used as bribe returned. Any person who is not forced to give bribes but voluntarily report the bribery before being discovered might be exempt from criminal responsibility and have all or part of the money or property used as bribe returned.
Thus, if a person has the act of giving or giving gifts on the occasion of the Vietnamese New Year 2023 to the leader directly or through an intermediary, for the purpose of letting the leader do or not do a thing for his benefit or at his request, may be prosecuted for the crime of giving bribes.
Offenders who give bribes may be subject to a fine of between VND 20,000,000 and 200,000,000, non-custodial reform for up to 3 years or a prison term of between 6 months and 20 years. In addition, a fine of between VND 10,000,000 and VND 50,000,000 may also be imposed.
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