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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