Giving bribes under the Criminal Code of Vietnam
Giving bribes is stipulated in Article 364 of the 2015 Criminal Code, effective January 01, 2018, as follows:
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Anyone who directly or through an intermediary has given or will give any of the following benefits to a person with a position, power, another individual, or another organization to cause the person with a position, power to perform or refrain from performing an act for the benefit or at the request of the person giving the bribe, shall be fined from VND 20,000,000 to VND 200,000,000, sentenced to non-custodial reform for up to 3 years, or imprisoned for 6 months to 3 years:
a) Money, property, or other material benefits valued from VND 2,000,000 to less than VND 100,000,000;
b) Non-material benefits.
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Committing the crime in one of the following cases shall be imprisoned for 2 to 7 years:
a) Organized;
b) Using cunning tricks;
c) Using state property to give a bribe;
d) Abusing a position of power;
dd) Committing the crime twice or more;
e) The bribe consists of money, property, or other material benefits valued from VND 100,000,000 to less than VND 500,000,000.
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Committing the crime where the bribe consists of money, property, or other material benefits valued from VND 500,000,000 to less than VND 1,000,000,000, shall be imprisoned for 7 to 12 years.
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Committing the crime where the bribe consists of money, property, or other material benefits valued at VND 1,000,000,000 or more, shall be imprisoned for 12 to 20 years.
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The offender may also be fined from VND 10,000,000 to VND 50,000,000.
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Anyone who gives or will give a bribe to a foreign official, an official of an international public organization, a person with a position in enterprises, or organizations outside the State shall also be punished according to this Article.
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A person compelled to give a bribe who voluntarily reports prior to detection shall be considered not guilty and shall be returned the entire amount used to give the bribe.
A person who was not compelled but voluntarily reports prior to detection may be exempted from criminal responsibility and may be returned part or all of the amount used to give the bribe.
According to the above regulations, we will summarize the content for you to better understand the issue needing consultation regarding the penalty bracket for the giving bribes as stipulated by the 2015 Criminal Code. According to the provisions of the 2015 Criminal Code, the giving bribes is divided into 4 penalty brackets as follows:
- The first penalty bracket is for less serious crimes involving giving a bribe of VND 2,000,000 - less than VND 100,000,000: a fine of VND 20,000,000 - 200,000,000 or non-custodial reform for 3 years or imprisonment for 6 months to 3 years.
- The second penalty bracket is for serious crimes involving giving a bribe of VND 100,000,000 - less than VND 500,000,000: imprisonment from 2 to 7 years.
- The third penalty bracket is for very serious crimes involving giving a bribe of VND 500,000,000 - less than VND 1,000,000,000: imprisonment from 7 to 12 years.
- The fourth penalty bracket is for especially serious crimes involving giving a bribe of VND 1,000,000,000 or more: imprisonment from 12 to 20 years.
Additionally, there is also a supplementary penalty of a fine for the offender ranging from VND 10,000,000 to VND 50,000,000.
Comparison of penalty brackets for the giving bribes between Article 289 of the 1999 Criminal Code (amended 2009) and Article 364 of the 2015 Criminal Code
| Penalty bracket | 1999 Criminal Code | 2015 Criminal Code |
| Less Serious Crime | - Bribe amount: VND 2,000,000 – less than VND 10,000,000 - Penalty: Imprisonment for 6 months |
- Bribe amount: VND 2,000,000 – less than VND 100,000,000 - Penalty: Fine of VND 20,000,000 – 200,000,000, non-custodial reform for 3 years, imprisonment from 6 months to 3 years |
| Serious Crime | - Bribe amount: VND 10,000,000 – less than VND 50,000,000. - Penalty: Imprisonment for 6 years – 13 years |
- Bribe amount: VND 100,000,000 – less than VND 500,000,000 - Penalty: Imprisonment for 2 years – 7 years |
| Very Serious Crime | - Bribe amount: VND 50,000,000 – less than VND 300,000,000. - Penalty: Imprisonment for 13 years – 20 years |
- Bribe amount: VND 500,000,000 – less than VND 1,000,000,000. - Penalty: Imprisonment for 7 years – 12 years |
| Especially Serious Crime | - Bribe amount: from VND 300,000,000 or more. - Penalty: Imprisonment for 20 years, life imprisonment, or death |
- Bribe amount: from VND 1,000,000,000 or more. - Penalty: Imprisonment for 12 years to 20 years |
| Supplementary Penalty | Fine of VND 10,000,000 – 50,000,000 | Fine of 5 times the amount of the bribe |
From the comparison above, it can be seen that according to the provisions of the 2015 Criminal Code, the penalty bracket for the giving bribes is broader compared to the provisions of the 1999 Criminal Code. The penalty level in each penalty bracket according to the 2015 Criminal Code is also lower than the penalty level stipulated in the 1999 Criminal Code (amended 2009).
The above is the consultation of us about the penalty bracket for the giving bribes. For more detailed information, please refer to the 2015 Criminal Code.
Sincerely!
