Giving and receiving bribes is a problem affecting the purity and operation of the state apparatus. Although the acts of giving and receiving bribes are related in the circumstances of the case, the crimes of accepting bribes and giving bribes are separate crimes under the Penal Code. What are penalties for giving and receiving bribes in Vietnam?
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What are penalties for giving and receiving bribes in Vietnam? (Illustration)
1. Criminal liabilities in Vietnam
1.1 Giving bribes
Article 364 of the Criminal Code 2015 provides for the crime of giving bribes as follows:
- 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:
+ Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;
+ Intangible benefits.
- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
+ The offence is committed by an organized group;
+ The offence involves deceitful methods;
+ The bribe is state property;
+ The offender abuses his/her position or power to commit the offence;
+ The offence has been committed more than once;
+ The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000.
- 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.
- 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.
- In addition, the offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
1.2 Accepting bribes
According to Article 354 of the Criminal Code 2015, amended and supplemented in 2017, the crime of accepting bribes is as follows:
- 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:
+ 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 ;
+ Intangible benefits.
- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
+ The offence is committed by an organized group;
+ The offender abuses his/her position or power to commit the offence;
+ The bribe is money, property or other tangible benefits 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;
+ The offence has been committed more than once;
+ The offender knows that the bribe is state property;
+ The offender solicits bribes or employ a deceitful method to take bribes.
- This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:
+ The bribe is money, property or other tangible benefits 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, life imprisonment or death:
+ The bribe is money, property or other tangible benefits 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 or have part or all of his/her property confiscated.
(Persons with positions and powers in non-state enterprises and organizations who accept bribes will be handled according to the above provisions)
2. Administrative penalties in Vietnam
Persons who have acts of giving or receiving bribes may be administratively handled with the following levels:
- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for giving, brokering or accepting bribes in the registration and management of residence (point d, clause 3, Article 9 of Decree 144/2021/ND-CP).
- A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for giving money, property, other material benefits or non-material benefits to a public official (Point c, Clause 3, Article 21 of Decree 144/2021/ND-CP).
3. Disciplines on violations of officials and public employees in Vietnam
Officials and public employees who commit acts of violating regulations on anti-corruption but not to the extent of being examined for penal liability shall be subject to disciplinary measures, reprimand or warning.
Officials holding leadership and management positions may be subject to disciplinary action, demotion or dismissal.
In case a official or public employee is convicted by a court of corrupt acts, within 15 working days from the date of receipt of a legally effective decision or judgment from the court, the competent authority Disciplinary officer issued a disciplinary decision forcing dismissal.
(Clause 4 Article 8, Clause 5 Article 16, Clause 2 Article 30, Clause 2 Article 37 of Decree 112/2020/ND-CP)
Bao Ngoc
