Crime of Abusing Position or Power to Influence Others for Illicit Gain
Any person who abuses his/her position or power, directly or through an intermediary, to demand, receive, or promise to receive any of the following benefits, in any form, in order to use his/her influence to induce another person holding a position or power to perform or refrain from performing an act within their responsibility or directly related to their duties, or to perform an act they are not permitted to do, shall be sentenced to imprisonment from 01 year to 06 years:
a) Money, property, or other material benefits valued from VND 2,000,000 to under VND 100,000,000, or less than VND 2,000,000 but previously disciplined for such act and reoffending;
b) Non-material benefits.
If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment from 06 years to 13 years:
a) Committed in an organized manner;
b) Committed two or more times;
c) Money, property, or other material benefits valued from VND 100,000,000 to under VND 500,000,000;
d) Causing property damage from VND 1,000,000,000 to under VND 3,000,000,000.
If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment from 13 years to 20 years:
a) Money, property, or other material benefits valued from VND 500,000,000 to under VND 1,000,000,000;
b) Causing property damage from VND 3,000,000,000 to under VND 5,000,000,000.
If the offense falls under any of the following circumstances, the offender shall be sentenced to 20 years’ imprisonment or life imprisonment:
a) Money, property, or other material benefits valued at VND 1,000,000,000 or more;
b) Causing property damage of VND 5,000,000,000 or more.
In addition, the offender shall also be prohibited from holding certain positions for a period of 01 to 05 years, and may be subject to a fine of between VND 30,000,000 and VND 100,000,000.
Legal basis:
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Article 358 of the Penal Code 2015;
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Point r, Clause 1, Article 2 of the Law amending the Penal Code 2017.
