In Vietnam: Is receiving Tet gifts from subordinates considered to be bribery?

In Vietnam: Is receiving Tet gifts from subordinates considered to be bribery?

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

1. Any person who abuses his/her power to directly or through an intermediary receive or promise to receive any of the following benefits for himself/herself or for another person or organization as a condition to act or not to act in the interests of or at the request of the bribe giver shall face a penalty of 02 - 07 years' imprisonment:

a) Money, property or other tangible benefit assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the bribe recipient has incurred a disciplinary penalty for the same offence or has an unspent conviction for any of the offences specified in Section 1 of this Chapter ;

b) Intangible benefits.

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5. 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 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

6. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.

As regulations above, to constitute a crime of taking bribes, two factors must be met: the value of the bribed property must be from VND 2,000,000 or more and the bribe recipient acts to receive benefits to do a job for the benefit or at the request of the bribe giver or the property received by your boss is worth less than VND 2,000,000 but has been disciplined for this behavior but still violates it, your boss will still be charged with taking bribes when receiving gifts from subordinates.

In Vietnam: Is giving Tet gifts to boss in order to help colleagues considered to be a violation of brokering bribery?

Pursuant to Article 365 of the Cirminal Code in 2015 stipulating brokering bribery 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 0 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.

To be considered guilty of "brokering bribery", first of all, there must be an act of bribery, which you know about this act, but still make arrangements for the bribery to take place. In this case, you will commit a crime of brokering bribery.

Therefore, if you only have the will to send Tet gifts to colleagues, you are not guilty of brokering bribery.

In order to constitute a "crime of brokering bribery" apart from the subjective will of the offender, the bribed property must have a value of VND 2,000,000 or more.

What are regulations on giving bribes in Vietnam?

Pursuant to Article 364 of the Cirminal Code in 2015 stipulating giving bribes as follows:

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.

Above are regulations on giving bribes in Vietnam.

Best regards!