How many years of imprisonment shall be imposed for giving and taking bribes in Vietnam?

How many years of imprisonment shall be imposed for giving and taking bribes in Vietnam?
Nguyễn Như Mai

What are the penalties for giving and receiving bribes? What is the highest penalty frame?- Tra Giang (Quang Nam, Vietnam)

Tội đưa, nhận hối lộ bị xử phạt bao nhiêu năm tù?

How many years of imprisonment shall be imposed for giving and taking bribes in Vietnam? (Internet image)

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

1. What is giving and taking bribes?

According to the provisions of Articles 364 and 354 of the Penal Code 2015, the crime of giving and taking bribes can be understood as follows:

Giving a bribe is an act by which 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.

- Taking a bribe is an act by which 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.

According to the provisions of Clause 2, Article 3 of the Law on Anti-corruption 2018, office holder means a person that is designated, elected or employed under a contract or another form of employment, receiving or not receiving salaries, assigned certain duties and authority to perform such duties. Office holders include:

- Officials and public employees;

- Commissioned officers, career military personnel, national defense workers and public employees of the People’s Army units; commissioned officers, non-commissioned officers and workers of the People’s Police units;

- Representatives of state investment in enterprises;

- Holders of managerial positions in organizations;

- Other persons assigned certain duties and authority to perform such duties.

2. What are the penalties for giving and receiving bribes in Vietnam?

2.1. Crime of giving bribes in Vietnam

Pursuant to Article 364 of the Penal Code 2015, offenders of giving bribes may be sanctioned 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 this act carries a penalty of 02 - 07 years' imprisonment:

In addition, the offender may also be fined from VND 10,000,000 to VND 50,000,000.

Note:

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 Article 364 of the Penal Code 2015.

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.

2.2. Crime of taking bribes in Vietnam

Offenders who accept bribes will be punished according to the provisions of Article 354 of the Penal Code 2015, specifically:

- 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 of the Penal Code 2015;

+ Intangible benefits.

- Offenders taking bribes can be sentenced to a maximum of 20 years in prison, life imprisonment or capital punishment:

Simultaneously. the offenders may also be banned from holding certain posts for 1 to 5 years, may be subject to a fine of between VND 30,000,000 and 100,000,000, have part or all of their property confiscated.

Those who hold positions and powers in non-state enterprises and organizations and accept bribes shall be handled according to the provisions of Article 354 of the Penal Code 2015.

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