Vietnam: How are bribe recipients penalized according to the regulations? What are the penalties imposed upon a person for brokering bribery and giving bribes according to regulations?
What are the penalties imposed upon a person for brokering bribery according to regulations?
According to Article 365 of the 2015 Criminal Code of Vietnam on the crime of brokering bribery as follows:
Brokering bribery
1. Any person who brokers a bribery in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to under VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The bribe is money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;
b) The bribe is 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 is committed in a professional manner;
c) The offence involves deceitful methods;
d) The offender knows that the bribe is state property;
dd) The offender abuses his/her position or power to commit the offence;
e) The offence has been committed more than once;
g) The bribe is assessed at from VND 100,000,000 to under VND 500,000,000.
3. If the bribe is assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.
4. If the bribe is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 08 - 15 years' imprisonment.
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000.
6. The bribe broker who voluntarily reports the bribery before being discovered might be exempt from criminal responsibility.
7. Any person who brokers bribery in an enterprise or organization other than state organizations shall be dealt with in accordance with this Article.
Thus, the person who brokers a bribery can be criminally prosecuted for up to 15 years' imprisonment. In addition, the offender may also be administratively fined up to VND 200,000,000. The bribe broker who voluntarily reports the bribery before being discovered might be exempt from criminal responsibility. Any person who brokers bribery in an enterprise or organization other than state organizations shall be dealt with in accordance with this Article.
Vietnam: How are bribe recipients penalized according to the regulations? What are the penalties imposed upon a person for brokering bribery and giving bribes according to regulations? (Image from the Internet)
What are the penalties imposed upon offenders of giving bribes according to regulations?
According to Article 364 of the 2015 Criminal Code of Vietnam on the crime of giving bribes. Offenders who give bribes will be penalized according to the following penalty frames:
- The first frame: A fine of from VND 20,000,000 to VND 200,000,000 or a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment shall be imposed upon 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:
+ Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;
+ Intangible benefits.
- The second frame: A penalty of 02 - 07 years' imprisonment shall be imposed in case of the offence committed in any of the following circumstances:
+ The offence is committed by an organized group;
+ The offence involves deceitful methods;
+ The bribe is state property;
+ The offender abuses his/her position or power to commit the offence;
+ The offence has been committed more than once;
+ The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000.
- The third frame: The offender shall face a penalty of 07 - 12 years' imprisonment 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 fourth frame: The offender shall face a penalty of 12 - 20 years' imprisonment if the bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000.
In addition to the primary penalty frames:
- The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
- 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.
- 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 reports 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.
How are bribe recipients penalized according to the regulations?
According to Article 354 of the 2015 Criminal Code of Vietnam (added by point r, Clause 1, Article 2 of the 2017 Law amending the Criminal Code of Vietnam) on 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, offenders who accept bribes can be prosecuted for penal liability with the maximum sentence of death. In addition, 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. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.
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