What are the penalties for giving bribes in Vietnam? What are some court judgments on this matter?

1. What are the penalties for giving bribes in Vietnam?

According to Article 364 of the Ciminal Code 2015 (amended and supplemented in 2017) regarding the crime of giving bribery:

(1) Anyone who directly or through an intermediary has given or will give any of the following benefits to an officer, person with authority, or another person or organization to compel the officer or person with authority to act or refrain from acting for the benefit or at the request of the briber shall be fined from 20,000,000 VND to 200,000,000 VND, sentenced to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years:

- Money, property, or other material benefits valued from 2,000,000 VND to under 100,000,000 VND;- Non-material benefits.

(2) Imprisonment from 2 years to 7 years for committing the crime in any of the following cases:

- Organized crime;- Using cunning tricks;- Using state property to give bribery;- Abusing position or authority;- Repeated offenses;- The bribe is money, property, or other material benefits valued from 100,000,000 VND to under 500,000,000 VND.

(3) Imprisonment from 7 years to 12 years for committing the crime when the bribe is money, property, or other material benefits valued from 500,000,000 VND to under 1,000,000,000 VND.

(4) Imprisonment from 12 years to 20 years for committing the crime when the bribe is money, property, or other material benefits valued at 1,000,000,000 VND or more.

Additionally, the offender may be fined from 10,000,000 VND to 50,000,000 VND.

Concurrently, anyone who gives or intends to give bribery to a foreign public official, an official of an international public organization, or a person of authority in enterprises or organizations outside the State sector is also dealt with according to the provisions of Article 364 of the Ciminal Code 2015 (amended and supplemented in 2017).

Note: A person who is coerced to give bribery but voluntarily reports before being detected is considered not guilty and will be returned the entire amount used as bribery.

A person who gives bribery without coercion but voluntarily reports before being detected may be exempted from criminal responsibility and returned part or all of the amount used as bribery.

2. What are some court judgments on giving bribes in Vietnam?

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