What are penalties for principals when taking bribes in Vietnam?

What are penalties for principals when taking bribes in Vietnam?

According to Clause 5, Article 16 of Decree 112/2020/ND-CP, the following disciplinary measures are applied to public employees:

5. Violating the provisions of law on : crime prevention and control; Prevention of social evils; safety and order of society; preventing and combating corruption; practice thrift and combat waste;

Pursuant to Clause 3, Article 17 of Decree 112/2020/ND-CP regulating application of disciplinary warnings to public employees:

3. Committing a first-time violation, causing less serious consequences in one of the following cases:

a) Management public employees fail to properly perform their responsibilities, allowing officials under their management to violate the law, causing serious consequences while performing professional activities;

b) Management public employee fails to complete the management and administration tasks as assigned without a legitimate reason.

In Article 18 of Decree 112/2020/ND-CP, the disciplinary form of dismissal for management officials is prescribed as follows:

The form of disciplinary dismissal applies to management public employees in one of the following cases:

1. Having been disciplined in the form of a warning according to the provisions of Article 17 of this Decree but re-offend;

2. Committing a first-time violation, causing very serious consequences in one of the cases specified in Article 16 of this Decree;

3. Committing a first-time violation, causing serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;

4. Using illegal documents to be appointed to a position.

According to Article 19 of Decree 112/2020/ND-CP, the disciplinary form of dismissal for public employees is prescribed as follows:

The form of disciplinary dismissal is applicable to public employees who commit violations in one of the following cases:

1. Having been disciplined in the form of dismissal for management public employees or warning for public employees who do not hold a management position but re-offend;

2. Committing a first-time violation, causing particularly serious consequences in one of the cases specified in Article 16 of this Decree;

3. The management public employee commits a first-time violation, causing very serious or particularly serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;

4. Using fake or illegal diplomas, certificates, certificates or confirmations to be recruited to agencies, organizations or units;

5. Drug addiction; In this case, there must be confirmation from a medical facility or notification from a competent authority.

Thus, when a principal commits acts of taking bribes, he or she will be disciplined in the form of a warning, dismissal or forced resignation. In what form your school principal will be disciplined depends on the severity of the incident and the decision of the Department of Education and Training in Vietnam.

Will taking bribes face a peanalty of imprisonment in Vietnam? 

In Article 354 of the 2015 Penal Code, supplemented by Point r, Clause 1, Article 2 of the Law amending the 2017 Penal Code, there are provisions on the crime of accepting bribes as follows:

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 employ 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.

Therefore, if the act of taking bribes goes beyond handling administrative violations in Vietnam, it will result in imprisonment depending on the amount and type of crime.

Best regards!