Crime of abuse of power or position to influence another person for personal gain in Vietnam

Crime of abuse of power or position to influence another person for personal gain in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Crime of abuse of power or position to influence another person for personal gain in Vietnam

Crime of abuse of power or position to influence another person for personal gain in Vietnam under Article 358 of the Penal Code 2015 (amended 2017) is as follows:

- Any person who abuses his/her position or power to directly or through an intermediary request, receive or promise to receive any of the following benefits in order to influence an office-holder to perform or not to perform certain duties or tasks or to commit a prohibited act shall face a penalty of 01 - 06 years' imprisonment:

+ Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the offender was disciplined for the same offence;

+ Intangible benefits.

- This offence committed in any of the following circumstances carries a penalty of 06 - 13 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence has been committed more than once;

+ The money, property or other tangible benefits are assessed at from VND 100,000,000 to under VND 500,000,000;

+ The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000.

- This offence committed in any of the following circumstances carries a penalty of 13 - 20 years' imprisonment:

+ The money, property or other tangible benefits are assessed at from VND 500,000,000 to under VND 1,000,000,000;

+ The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000.

+ This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment or life imprisonment:

+ The money, property or other tangible benefits are assessed at ≥ VND 1,000,000,000;

+ The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

- 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.

2. Constituting a crime of abuse of power or position to influence another person for personal gain in Vietnam

* Object:

The crime of taking advantage of positions and powers to influence other people for personal gain infringes upon the activities of state agencies and social organizations. An offender is a person whose position or power has influenced a person with other positions and powers to do or not do a job at the request of the person giving material benefits.

Doing or not doing a job under the responsibility or directly related to the work of a person holding a position or power, or doing something that is not allowed to infringe on the general operation of a state agency or a social organization, and at the same time cause damage to the reputation of this agency or organization.

* Objective side

Persons with positions and powers, directly or through intermediaries, have received or will receive money, property, or other material benefits. Money, property, or other material benefits must be valued at VND 2 million or more; if the value is less than 2 million dong, it must cause serious consequences or have been disciplined for this act but continue to commit it.

Acts of people with positions and powers using their influence to push people with other positions and powers to do or not to do a job under their responsibility or directly related to their work or do something you're not supposed to do.

This is also a sign to distinguish this crime from the crime of accepting bribes. If, in the crime of accepting a bribe, a person with a position and authority does or does not do a job at the request of the person giving the bribe, In this crime, a person with a position or authority uses his/her influence to promote and influence a person with other positions and powers to do so at the request of the bribe giver.

In fact, the person who has influence over the person with the highest position and authority is usually the person with the high position. However, there are also cases where an influencer is someone who has the same or even lower position and authority. This has nothing to do with conviction.

* Subject:

The subject of the crime is a special subject who has a position and authority.

* Subjective side:

The offender's motive is self-interest. The fault of the offender is a direct, intentional fault.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE