Latest regulations on penalties against corrupt individuals in Vietnam

Latest regulations on penalties against corrupt individuals in Vietnam
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What are the latest regulations on penalties against corrupt individuals in Vietnam? - Khanh Hoang (Can Tho)

Latest regulations on penalties against corrupt individuals in Vietnam

Latest regulations on penalties against corrupt individuals in Vietnam (Internet image)

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

1. Latest regulations on penalties against corrupt individuals

Regulations on penalties against corrupt individuals according to Article 92 of the Anti-Corruption Law 2018 are as follows:

- Corrupt individuals, regardless of their positions, shall face harsh penalties as prescribed by law, including those who have retired, resigned or reassigned.

- A person who commit any of the acts of corruption specified in Article 2 of Article 92 of the Anti-Corruption Law 2018 shall face disciplinary actions, administrative penalties or criminal prosecution depending on the nature and severity of his/her violations.

- A corrupt individual who is the head or deputy of a state organization shall incur harsher penalties.

- An individual who confesses to his/her corruption before being discovered, shows cooperation, voluntarily gives up the corruptly-acquired assets and relieves the damage caused by his/her act of corruption may be granted leniency or absolution as prescribed by law.

- An official or public employee who is convicted of corruption is obviously dismissed from the effective date of the court judgment or decision. In the same situation, a delegate of the National Assembly or the People’s Council is obviously dismissed from such position.

2. Regulations on handling corruptly-acquired assets in Vietnam

Regulations on handling corruptly-acquired assets according to Article 93 of the Anti-Corruption Law 2018 are as follows:

- Corruptly-acquired assets shall be recovered and returned to their lawful owners or managers, or confiscated as the National Assembly by law.

- The corrupt individuals shall pay compensation for the damage caused by their corrupt activities as prescribed by law.

3. Acts of corruption in Vietnam

Acts of corruption according to Article 2 of the Anti-Corruption Law 2018 include:

- Acts of corruption committed by office holders in state organizations include:

+ Embezzlement;

+ Taking bribes;

+ Abuse of one’s position or power for illegal appropriation of assets;

+ Abuse of official capacity during performance of tasks or official duties (hereinafter referred to as “duties”) for personal gain;

+ Acting beyond authority in performance of one’s duties for personal gain;

+ Abuse of official capacity to influence another person for personal gain

+ Impersonation for personal gain;

+ Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

+ Illegal use of public assets for personal gain by abuse of official capacity;

+ Harassment for personal gain;

+ Failure to perform or correctly perform one’s duties for personal gain;

+ Abuse of official capacity to screen violations of law for person gain; illegally intervening or obstructing supervision, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for personal gain.

- Acts of corruption committed by office holders in non-state organizations include:

+ Embezzlement;

+ Taking bribes;

+ Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.

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