If the offender is sentenced to death for accepting bribes, is there any way to not be executed the death sentence in Vietnam?

If the offender is sentenced to death for accepting bribes, is there any way to not be executed the death sentence in Vietnam?

Article 40 of the 2015 Penal Code stipulates the death sentence, according to which:

1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

3. The life sentence shall not be executed in the following circumstances:

a) The convict is pregnant or a woman raising a child under 36 months of age;

b) The sentenced person is 75 years of age or older;

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

Thus, when an individual who has been sentenced to death for accepting bribes voluntarily surrenders at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime, that individual will not be sentenced to death.

Will giving bribes to people holding positions in non-state enterprises and organizations be handled according to the provisions of the Vietnamese Penal Code?

According to Article 364 of the 2015 Penal Code, giving bribes, according to which:

1. Any person who directly or through an intermediary gives or promises to give any of the following benefits to an office holder or another person or organization in order to influence him/her to perform or not to perform certain tasks in the interests of or at the request of the bribe giver shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;

b) Intangible benefits.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful methods;

c) The bribe is state property;

d) The offender abuses his/her position or power to commit the offence;

dd) The offence has been committed more than once;

e) The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000.

3. If the bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 07 - 12 years' imprisonment.

4. If the bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

6. Any person who promises to bribe a foreign official, an official of a public international organization or an office holder in an enterprise or organization other than state organizations shall be dealt with in accordance with this Article.

7. Any person who is forced to give bribes but voluntarily reports the bribery before being discovered shall be acquitted and have the money or property used as bribe returned. Any person who is not forced to give bribes but voluntarily report the bribery before being discovered might be exempt from criminal responsibility and have all or part of the money or property used as bribe returned.

According to this Article, those who give bribes to foreign civil servants, public employees of public international organizations, and people holding positions in non-state enterprises and organizations shall also be handled according to the provisions of this Article in Vietnam.

What are penalties for brokering bribery in Vietnam? 

Pursuant to Article 365 of the Penal Code 2015 stipulates brokering bribery, specifically as follows:

1. Any person who brokers a bribery in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to under VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The bribe is money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;

b) The bribe is intangible benefits.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence involves deceitful methods;

d) The offender knows that the bribe is state property;

dd) The offender abuses his/her position or power to commit the offence;

e) The offence has been committed more than once;

g) The bribe is assessed at from VND 100,000,000 to under VND 500,000,000.

3. If the bribe is assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the bribe is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 08 - 15 years' imprisonment.

5. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000.

6. The bribe broker who voluntarily reports the bribery before being discovered might be exempt from criminal responsibility.

7. Any person who brokers bribery in an enterprise or organization other than state organizations shall be dealt with in accordance with this Article.

According to this Article, depending on the behavior, the severity of the violation and the consequences of the act of brokering the bribe that an individual commits, he/she will be subject to community sentence for up to 3 years or a prison term of between 6 months and 15 years, with may be fined from VND 20,000,000 to VND 200,000,000 in Vietnam.

However, when actively reporting before being discovered, they can be exempt from criminal liability in Vietnam.

Best regards!