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The Anti-corruption Law 2018

In addition to the acts of corruption regulated in the Article 2 (Chapter I), violation of anti-corruption law is prescribed as follows:

  • Subject to be indicted (Article 92):
    • Corrupt individuals, regardless of their positions, shall face harsh penalties as prescribed by law, including those who have retired, resigned or reassigned
    • A corrupt individual who is the head or deputy of a state organization shall incur harsher penalties.
  • Violation: apart from the provisions in the Article 2, the following acts are prosecuted depending the severity (Article 94):
    • Violations against regulations on information disclosure and transparency during operation of organizations;
    • Violations against regulations on norms, standards and benefits;
    • Violations against code of conduct;
    • Violations against regulations on conflict of interest;
    • Violations against regulations on reassignment of office holders;
    • Violations against regulations on the responsibility to report corrupt activities and processing reports on corrupt activities;
    • Violations against regulations on truthful declaration of assets and income and explanation for increase in assets and income;
    • Violations against regulations on time limit for declaration of assets and income or violations against other regulations on assets and income monitoring.
    • Vi phạm quy định về công khai, minh bạch trong hoạt động của cơ quan, tổ chức, đơn vị;

See more about Anti-corruption Law 2018 here

 

The Decree 59/2019/NĐ-CP issued by the Government on 01/7/2019

It detailed regulations on anti-corruption law stipulating as below the penalty frame to prosecute heads, deputy heads for their responsibility that allow corruption happened.     

  • A less serious corruption case is one in which the person committing corruption has not reached the point of being criminally punished or criminally punished by a fine, non-custodial punishment or imprisonment of up to 3 years;

  • A serious corruption case is one in which the person committing corruption is punished with imprisonment from 03 to 07 years;

  • A very serious corruption case is one in which the person committing corruption is punished with imprisonment from 07 to 15 years;

  • An especially serious corruption case is one in which the person committing corruption is punished with imprisonment more 05 to 20 years, life imprisonment or capital punishment.

See more about the Decree 59/2019/NĐ-CP here

 

The Criminal Code 2015

Chapter XXIII related to offences of power abuse stipulates sanction to corruption as follows:

  • The Criminal Code covers offences of corruption including: Embezzlement, bribery, abuse of power or position for appropriation of property, abuse of power or position to influence another person for personal gain …
  • Penalty frame for corruption offences are included:
    • Imprisonment from 02 to 07 years;
    • Imprisonment from 07 to 15 years;
    • Imprisonment from 15 to 20 years;
    • Imprisonment from 20 years, life imprisonment or capital punishment;
    • To be fined from 30.000.000 VND to 100.000.000 VND, confiscated a part or all property;
    • Position and authority holder in non-state organizations enterprises with embezzlement should be dealt with this penalties.

 See more about the Criminal Code here