What are the penalties for acts of giving or taking bribes to evade/help evade military service in Vietnam?

Hello, Lawnet would like to answer the following:

1. Regulations on giving and taking bribes in Vietnam

The crime of giving bribes is an act of a 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. (According to Clause 1, Article 364 of the Penal Code 2015)

The crime of taking bribes is the act of a 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 (According to Clause 1, Article 354 of the Penal Code 2015)

According to Article 59 of the Law on Military Service 2015, any organizations/individuals that evades, opposes or obstructs the performance of military service shall be disciplined, incur administrative penalties or shall face criminal prosecution according to nature and severity of the violations.

2. Discipline cadres, civil servants and public employees taking bribes to help evade military service in Vietnam

According to Clause 4, Article 8, Clause 5, Article 16, Clause 2, Article 30, and Clause 2, Article 37 of Decree 112/2020/ND-CP, there are regulations on the disciplinary handling of cadres, civil servants, and public employees as follows:

- Cadres, civil servants, and public employees who commit acts of violating regulations on anti-corruption but not to the extent of being examined for penal liability shall be subject to disciplinary measures, reprimand, or warning.

- For cadres and civil servants holding leadership and management positions, they may be subject to disciplinary action, demotion, or dismissal.

- In case a civil servant or public employee is convicted by a court of corrupt behavior, within 15 working days from the date of receipt of a legally effective decision or judgment from a court or competent authority. Disciplinary action to issue a disciplinary decision on dismissal.

3. Administrative sanctions for acts of giving or taking bribes to evade/help evade military service in Vietnam

According to Clause 8, Article 1 of Decree 37/2022/ND-CP amending and supplementing Decree 120/2013/ND-CP, a fine ranging from VND 15 million to VND 20 million will be imposed for the following acts:

- The person receiving the medical examination commits fraudulent acts to falsify the results of his/her health classification in order to evade military service.

- Giving money, property, or other material benefits worth less than 2 million VND to medical staff, health workers, or other people to falsify the results of the health classification of the person being examined or the person receiving medical examination for military service in order to evade military service.

In addition, according to Clause 3, Article 6 of Decree 120/2013/ND-CP, apart from fines, violators are also required to take remedial measures as follows:

- Enforced health examination according to the plan of the conscription council for the act of receiving money in order to falsify results of health classification of medical examiners performing military service.

- Enforced health reexamination for persons undergoing health examination for conscription for the person receiving the medical examination to perform military service.

4. Penal liability for acts of giving bribes or receiving bribes to evade/help evade military service in Vietnam

4.1. Crime of giving bribes

According to Article 364 of the Penal Code 2015, the penalties for those who give bribes and those who commit the crime of giving bribes are as follows:

- Being 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:

+ Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;

+ Intangible benefits.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ 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.

- 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.

- 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.

In addition, the offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Note:

- 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 Article 364 of the Penal Code 2015.

- 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.

4.2. Crime of taking bribes

According to Article 354 of the Penal Code 2015, the penalties for those who give bribes and those who commit the crime of giving bribes are as follows:

- Penalty of 02 - 07 years' imprisonment for the following acts:

+ 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 ;

+ Intangible benefits.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The offence is committed by an organized group;

+ The offender abuses his/her position or power to commit the offence;

+ The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;

+ The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;

+ The offence has been committed more than once;

+ The offender knows that the bribe is state property;

+ The offender solicits bribes or employ a deceitful method to take bribes.

- This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

+ The bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;

+ The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.

- This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

+ The bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000;

+ The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

Note:

- Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with Article 354 of the Penal Code 2015.

- 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.

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