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The act of offering a bribe is often closely linked to the act of accepting a bribe. Those who abuse their position or authority to receive a bribe will naturally face legal sanctions as prescribed by the law. However, can those who offer a bribe also be punished, and what responsibilities do they bear? Under what circumstances will those offering bribes not be punished?
What is the offense of offering a bribe?
Offering a bribe is understood as the direct or indirect act of providing money, assets, or any other material or spiritual benefits to someone in a position of authority or power to make them do or not do something for one’s benefit or at one’s request.
Therefore, in addition to material benefits valued in terms of money, non-material benefits are also considered tools for engaging in the act of offering a bribe. Examples of non-material benefits include helping someone’s child or grandchild get a job, contrary to regulations.
Characteristics of the act of offering a bribe
1/ Offering a bribe can occur before, during, or after the person in authority or power completes the requested task.
2/ Those offering a bribe can directly provide money or assets to the recipient of the bribe or use an intermediary to deliver the bribe.
3/ The recipient of the bribe can be a person in a position of authority, power, or a relative of that person.
4/ The tool used for bribery can be money, assets, other material benefits, or non-material benefits.
At what amount of offering a bribe does one face criminal liability in Vietnam?
According to the provisions of Article 364 of the 2015 Penal Code (amended and supplemented in 2017), those offering bribes of 2 million Vietnamese Dong or more will be criminally liable. However, for non-material benefits, no conversion to money is applied. Any act of offering a bribe in the form of non-material benefits is subject to criminal liability.
Penalties for the offense of offering a bribe under Vietnamese law
Depending on the nature, extent of the act of offering a bribe, and the amount of the bribe offered, those offering bribes may receive different levels of punishment. According to the current Penal Code, the specific penalties are as follows:
– If offering a bribe in the form of money, assets, or material benefits valued from 2 million to less than 100 million Vietnamese Dong or offering a bribe in the form of non-material benefits, the punishment can include a fine ranging from 20 million to 200 million Vietnamese Dong, rehabilitation without detention for up to 3 years, or imprisonment from 6 months to 3 years.
– If offering a bribe is organized or involves cunning methods, the use of state assets to offer the bribe, exploiting one’s position or authority to offer a bribe, offering a bribe on multiple occasions, or offering a bribe valued from 100 million to less than 500 million Vietnamese Dong, the punishment can be imprisonment from 2 to 7 years.
– If offering a bribe in the form of money, assets, or material benefits valued from 500 million Vietnamese Dong to less than 1 billion Vietnamese Dong, the punishment can be imprisonment from 7 to 12 years.
– If offering a bribe in the form of money, assets, or material benefits valued at 1 billion Vietnamese Dong or more, the punishment can be imprisonment from 12 to 20 years.
Therefore, the maximum penalty for the offense of offering a bribe is imprisonment from 12 to 20 years. Offering a bribe is not subject to the death penalty.
Offering a bribe of less than 2 million Vietnamese Dong
If offering a bribe involves money, assets, or material benefits valued at less than 2 million Vietnamese Dong, the person offering the bribe will not be criminally liable but may face administrative penalties (usually fines) according to the relevant laws in each area of violation.
No offense for being coerced into offering a bribe
According to Article 364 of the current Penal Code, if a person offering a bribe was coerced by someone else and voluntarily reported this to the competent state authority before being detected, they will not be prosecuted for the offense of offering a bribe, and any money, assets, or benefits used to offer the bribe will be returned to them.
The offender of bribery may be exempt from criminal liability
If a person offering a bribe, although not coerced, voluntarily reports the offense before being detected, they may be exempted from criminal liability, and a part or all of the money, assets, or benefits used to offer the bribe may be returned. The decision to exempt a person from criminal liability will depend on the stage at which they voluntarily reported the offense, the seriousness of the offense, and the amount of the bribe offered.
Article 364 of Vietnamese Penal Code
1/ Anyone who directly or through an intermediary offers or will offer any of the following benefits to a person in authority, power, or another person or organization in order to make the person in authority, power do or not do something for the benefit or at the request of the briber shall be subject to a fine of VND 20,000,000 to VND 200,000,000, non-custodial reform for up to 03 years, or imprisonment for 06 months to 03 years:
a) Money, assets, or material benefits valued from VND 2,000,000 to less than VND 100,000,000;
b) Non-material benefits.
2/ Those who commit offenses in one of the following cases shall be subject to imprisonment for 02 to 07 years:
a) Being organized;
b) Using cunning methods;
c) Using state assets to offer a bribe;
d) Exploiting one’s position or authority;
đ) Committing the offense twice or more;
e) The value of the bribe is from VND 100,000,000 to less than VND 500,000,000.
3/ Those who commit offenses in the case of offering a bribe in the form of money, assets, or material benefits valued from VND 500,000,000 to less than VND 1,000,000,000 shall be subject to imprisonment for 07 to 12 years.
4/ Those who commit offenses in the case of offering a bribe in the form of money, assets, or material benefits valued at VND 1,000,000,000 or more shall be subject to imprisonment for 12 to 20 years.
5/ Offenders may also be subject to a fine of VND 10,000,000 to VND 50,000,000.
6/ Anyone who offers or will offer a bribe to foreign public officials, officials of international public organizations, or persons in enterprises or organizations outside the state shall be handled in accordance with this Article.
7/ A person who has been coerced into offering a bribe and voluntarily reported it before being detected shall not be subject to prosecution and shall have the entire amount used to offer the bribe returned. A person offering a bribe, although not coerced, but voluntarily reporting it before being detected, may be exempt from criminal liability and may have a part or all of the amount used to offer the bribe returned.
