What are principles of approaches to corruption-related or office title-related crimes in Vietnam?

1. What are principles of approaches to corruption-related or office title-related crimes in Vietnam? 

Pursuant to Article 5 of the Resolution 03/2020/NQ-HDTP stipulating as follows: 

1. Approaches to corruption-related or office title-related crimes shall ensure the strict and thorough compliance with the rules of the criminal and criminal procedure laws.

2. In any stage of the proceedings, if the offender of embezzlement or taking bribes has voluntarily returned at least three fourths of the property embezzled or bribes taken and has closely cooperated with the authorities in the process of detection, investigation or trial of the crime or has made reparation in an effort to atone for the crime, he/she will not face the highest level of the sentence bracket for which he/she has been prosecuted or adjudicated.

3. The offender might be exempt from punishment as he/she deserves the leniency as prescribed in Article 59 of the Criminal Code if he/she has at least 02 mitigating circumstances as specified in clause 1 Article 51 of the Criminal Code or he has prior criminal record as a helper in a complicity but with a insignificant role in any of the following:

a) The offender has no personal gain motive or other self-seeking purposes, but merely seeks to achieve innovation or breakthrough in the socio-economic development and defense of the Fatherland;

b) The offender has a dependent relationship (such as subordinate and superior, salary earner, performing duties under the director of his/her superior), is not fully aware of his/her criminal act, has no personal gain motive or other self-seeking purposes, receives no benefit from the crime; not benefiting; has voluntarily reported the crime before being discovered, and has closely cooperated with the authorities in the process of detection, investigation or trial of the crime;

c) The offender has voluntarily reported the crime before being discovered, has closely cooperated with the authorities, has helped limit the damage, has voluntarily returned the property appropriated, has remedied all of the consequences and has made restitution for the damage caused;

d) The offender, upon being discovered, has expressed cooperative attitude and showed his/her repentance and desire to redeem his/her faults, has voluntarily returned the property appropriated, has remedied all of the consequences and has made restitution for the damage caused.

2. What is the lowest prison time for committing embezzlement in Vietnam?

Pursuant to Clause 1, Article 353 of the Criminal Code in 2015 stipulating embezzlement in Vietnam as follows: 

1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

a) The offender was disciplined for the same offence;

b) The offender has an unspent conviction for any of the offences specified in Section 1 of this Chapter .

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 offence involves deceitful or dangerous methods;

c) The offence has been committed more than once;

d) The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;

dd) The money or property embezzled was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas;

Best regards!