How many years in prison is maximum penalty for abuse of power or position in performance of official duties in Vietnam?
Please ask: How many years in prison is maximum penalty for abuse of power or position in performance of official duties in Vietnam? Please advise.
How many years in prison is maximum penalty for abuse of power or position in performance of official duties in Vietnam?
Pursuant to Article 356 of the 2015 Criminal Code, supplemented by point s, Clause 1, Article 2 of the Law Amending the Criminal Code 2017, which stipulates abuse of power or position in performance of official duties:
Abuse of power or position in performance of official duties
1. Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage assessed at from VND 10,000,000 to under VND 200,000,000 or or otherwise infringes upon, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 1,000,000,000.
3. If The property damage caused by the offence is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 10 - 15 years' imprisonment.
4. 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 10,000,000 to VND 100,000,000.
Thus, anyone who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage assessed at least VND 10,000,000 or otherwise infringes upon, lawful rights and interests of another organization or individual will be prosecuted for criminal liability for abuse of power or position in performance of official duties.
The maximum penalty for abuse of power or position in performance of official duties in Vietnam is 15 years in prison.
In addition, the offender is also banned from holding certain positions from 01 year to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.
How many years in prison is maximum penalty for abuse of power or position in performance of official duties in Vietnam? (Image from the Internet)
How many years of imprisonment for a person who conceals an offender who committed abuse of power or position in performance of official duties in Vietnam?
Pursuant to Article 389 of the 2015 Criminal Code as amended by Clause 137, Article 1 of the Law Amending the Criminal Code 2017, which stipulates concealment of crimes:
Concealment of crimes
1. Any person who, without prior promises, conceals any of the following crimes, except in the circumstances specified in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:
...
i) Clause 3 and Clause 4 of Article 373, Clause 3 and Clause 4 of Article 374, Clause 2 of Article 386;
k) Articles 421, 422, 423, 424 and 425.
...
According to the above regulations in Vietnam, anyone who does not promise in advance but conceals the crime of abuse of power or position in performance of official duties in the following cases will be prosecuted for criminal liability for concealment of crimes:
- Organizing;
- Committing the crime 2 times or more;
- Causing property damage of VND 200,000,000 or more.
Offenders who conceal crimes can be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 07 years.
Note: The person who conceals the crime is the grandparent, parent, child, grandchild, sibling, or spouse of the offender who is not criminally responsible. Except for cases of concealing crimes of infringing upon national security or other particularly serious crimes specified in Article 389 of the 2015 Criminal Code.
Is abuse of power or position in performance of official duties an act of corruption in Vietnam?
Pursuant to Article 2 of the Law on Prevention and Combat of Corruption 2018 stipulates acts of corruption:
Acts of corruption
1. Acts of corruption committed by office holders in state organizations include:
...
i) Illegal use of public assets for personal gain by abuse of official capacity;
...
According to the above regulations in Vietnam, the act of abuse of power or position in performance of official duties for personal gain is an act of corruption in the state sector by people with positions and powers in agencies, organizations, and units of the state sector.
In Article 3 of Resolution 03/2020/NQ-HDTP, there are instructions for applying the provisions of the Penal Code in the trial of corruption crimes and other position-related crimes with the following provisions:
“for personal gain” means the offender misuses or abuses his/her position or power to gain undue financial benefits or non-financial benefits for his own or other agencies, organizations, or individuals.
"misuse of position or powers" means a person who misuses his/her position or powers to act against, not to act or improperly act the law.
Best regards!
