How much bribe will not apply time limit for criminal prosecution in Vietnam?

What are regulations on the time limit for criminal prosecution in Vietnam?

Pursuant to Clause 1 and 2, Article 27 of the Criminal Code in 2015 stipulating time limit for criminal prosecution as follows:

Time limit for criminal prosecution

1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.

During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.

As regulations above, the time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

Time limits for criminal prosecution:

- 05 years for less serious crimes;

- 10 years for serious crimes;

- 20 years for very serious crimes;

- 20 years for extremely serious crimes.

How much bribe will not apply time limit for criminal prosecution in Vietnam? - Image from Internet

How much bribe will not apply time limit for criminal prosecution in Vietnam?

Pursuant to Article 28 of the Criminal Code in 2015 stipulating non-application of time limit for criminal prosecution as follows:

Non-application of time limit for criminal prosecution

Time limit for criminal prosecution does not apply to the following crimes:

1. Infringement of national security specified in Chapter XIII hereof;

2. Disturbing the peace, crimes against humanity and war crimes specified in Chapter XXVI hereof;

3. Embezzlement in the circumstances specified in Clause 3 and Clause 4 Article 353 hereof; acceptance of bribes in the circumstances specified in Clause 3 and Clause 4 Article 254 hereof.

Pursuant to Article 354 of the Criminal Code in 2015 (amended by Clause 1.r Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating taking bribes as follows:

Taking bribes

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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.

...

As regulations above, the bribe, which is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000, shall not be applied with time limit for criminal prosecution in Vietnam.

What are bases of criminal liability in Vietnam?

Pursuant to Article 2 of the Criminal Code in 2015 stipulating bases of criminal liability in Vietnam as follows:

Basis of criminal liability

1. No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal liability.

2. No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal liability.

As regulations above, bases of criminal liability in Vietnam are as follows:

- No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal liability.

- Corporate legal entity that commits a criminal offence that is not regulated in Articles 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, 246, 300 và 324 of the Criminal Code.

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