What are penalties for the crime of bribery in Vietnam? What are penalties for this offense?

Lawnet would like to address your inquiry as follows:

1. What are penalties for the crime of bribery under the Criminal Code in Vietnam?

Bribery is as an act of directly or indirectly giving or promising to give any benefit to a person with duties, powers, or another person or organization so that the person with duties, powers performs or refrains from performing an act for the benefit or according to the request of the briber.

According to Article 364 of the 2015 Criminal Code (amended in 2017), the penalties for the crime of bribery is as follows:

Framework 1: A fine ranging from VND 20,000,000 to VND 200,000,000, community sentence for up to 3 years, or imprisonment from 6 months to 3 years: Anyone who directly or indirectly gives or promises to give any of the following benefits to a person with duties, powers, or another person or organization so that the person with duties, powers performs or refrains from performing an act for the benefit or according to the request of the briber:

+ Money, property, or other material benefits valued between VND 2,000,000 and under VND 100,000,000;

+ Non-material benefits.

Framework 2: Imprisonment from 2 years to 7 years: Offenders in any of the following cases:

+ Organized crime;

+ Using cunning tricks;

+ Using state assets to bribe;

+ Abusing duties and powers;

+ Committing the crime 2 or more times;

+ The bribe includes money, property, or other material benefits valued between VND 100,000,000 and under VND 500,000,000.

Framework 3: Imprisonment from 7 years to 12 years: Committing the crime where the bribe includes money, property, or other material benefits valued between VND 500,000,000 and under VND 1,000,000,000.

Framework 4: Imprisonment from 12 years to 20 years: Committing the crime where the bribe includes money, property, or other material benefits valued at VND 1,000,000,000 or more.

Additional penalties: The offender may also be fined from VND 10,000,000 to VND 50,000,000.

Additionally,

+ Anyone who gives or promises to give a bribe to a foreign public official, an official of a public international organization, or a person with duties in businesses and organizations outside the state, will also be dealt with according to Article 364 of the 2015 Criminal Code (amended in 2017).

+ A person who is coerced into giving a bribe and voluntarily reports before the offense is detected will be considered not guilty and will be returned the entire amount used for the bribe.

A person who offers a bribe without being coerced but voluntarily reports before the offense is detected may be exempt from criminal liability and may be returned some or all of the property used for the bribe.

Thus, according to the provisions of Vietnamese criminal law, depending on the nature and extent of the act, the person committing the crime of bribery will be subject to penalties ranging from a fine of VND 20,000,000, community sentence up to 3 years, or imprisonment from 6 months to 20 years.

2. What are judgments related to the crime of bribery in Vietnam?

Judgment on the crime of bribery No. 32/2022/HS-ST

- Trial level: First instance

- Excerpt: “On February 25, 2021, Team 21 patrolled on Tran Hung Dao street, City C, and discovered a car with license plate 65A-068.xx driven by Lam Hoang M violating, not turning on headlights at night, and the persons in the car not wearing seat belts. So, Team 21 signaled to stop the car for inspection. After being informed of the above violations, M approached Mr. Le Hoang D, who was sitting in the Police Car 113 directing the inspection, and admitted to Mr. D that he had drunk beer before driving. Therefore, Mr. D instructed Team 21 to measure M's breath alcohol concentration for handling. M then took out VND 2,140,000 and gave it to Mr. D to request ignoring the violations and returning the car without handling the alcohol violation. Mr. D did not accept the money but instructed the team to escort M to the Police 113 station for breath alcohol measurement, which resulted in M having 0.644 mg/lit breathing air. Therefore, Team 21 made a record of traffic violations and made a record of M bribing Mr. D with VND 2,140,000 and seized the evidence.”

Judgment on the crime of bribery No. 37/2022/HS-ST

- Trial level: First instance

- Excerpt: “On November 19, 2021, the night security patrol of the Ca Mau Provincial Police performed patrol and control on Quang Lo P street, City Ca Mau, and discovered Vo Van Th driving a vehicle carrying his wife with signs of alcohol violation. Mr. Le Hoang D directed the patrol team to signal Vo Van Th to stop the vehicle, request for documents and perform an alcohol test. The result showed that Vo Van Th's alcohol concentration was 0.580 mg/lit breathing air exceeding the allowed limit (the limit is 0.4 mg/l breathing air).

After being informed of the violation and having an administrative violation record made, Vo Van Th approached officer Le Hoang D, begged to ignore the violation, requested to take back the vehicle, and offered VND 2,000,000. Officer D did not accept and made an on-the-spot arrest record with the evidence.”

Judgment on the crime of bribery No. 48/2021/HS-PT

- Trial level: Appellate

- Excerpt: “During the meeting with Luu Duc T on December 18, 2019, T1 requested T to delay T1's compulsory rehab due to his upcoming wedding. T asked T1 how much money he could arrange, and T1 said VND 5,000,000. After that, T and T1 agreed that T1 would pay T VND 20,000,000 to delay the rehab. After the agreement, T let T1 go home to get the money and come back with VND 5,000,000, promising to give the rest later. T agreed and let T1 go, then reported to Mr. Le Quang H1 that T1 had escaped.

Around 11 a.m. on December 21, 2019, T1 called T and arranged a meeting, where T1 told T that he hadn't arranged enough money yet and gave T another VND 4,000,000. T received the money and requested T1 to pay the remaining VND 20,000,000 as agreed. During the conversation and money exchange, Bui Van T1 recorded and filmed the act and reported it. Luu Duc T returned VND 9,000,000 to T1, but T1 did not accept it, and T handed over the money to Yen T District Police and made a record of the evidence during T1's inspection.”

Regards!

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