Article 354. Crime of Taking Bribes
1. Any person who abuses his/her position or power to directly or indirectly receive, or promise to receive, any of the following benefits for himself/herself or for another person or organization in order to do or not to do something for the benefit or at the request of the bribe-giver, shall be subject to imprisonment from 02 years to 07 years:
a) Money, property, or other material benefits valued from VND 2,000,000 to under VND 100,000,000, or valued under VND 2,000,000 but the offender has already been disciplined for this act and re-offends, or has already been convicted of one of the crimes specified in Section 1 of this Chapter, has not had the criminal record expunged but continues to re-offend;
b) Non-material benefits.
2. The offender shall be subject to imprisonment from 07 years to 15 years if the crime falls under any of the following circumstances:
a) Committed in an organized manner;
b) Abuse of position or power;
c) The bribe consists of 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;
đ) Committing the crime two times or more;
e) Knowing clearly that the bribe is state property;
g) Demanding bribes, harassing, or using cunning tricks.
3. The offender shall be subject to imprisonment from 15 years to 20 years if:
a) The bribe consists of 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.
4. The offender shall be subject to 20 years’ imprisonment or life imprisonment if:
a) The bribe consists of 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.
5. The offender shall also be prohibited from holding certain positions for 01 year to 05 years, and may be subject to a fine of VND 60,000,000 to VND 200,000,000, and confiscation of part or all of his/her property.
6. Persons holding positions or powers in non-state enterprises or organizations who take bribes shall also be handled under this Article.
Article 364. Crime of Giving Bribes
1. Any person who directly or indirectly gives, or promises to give, to a person holding a position or power, or to another person or organization, any of the following benefits so that the position-holder does or does not do something for the benefit or at the request of the bribe-giver, 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 from 06 months to 03 years:
a) Money, property, or other material benefits valued from VND 2,000,000 to under VND 100,000,000;
b) Non-material benefits.
2. The offender shall be subject to imprisonment from 02 years to 07 years if the crime falls under any of the following circumstances:
a) Committed in an organized manner;
b) Using cunning tricks;
c) Using state property to give bribes;
d) Abusing position or power;
đ) Committing the crime two times or more;
e) The bribe consists of money, property, or other material benefits valued from VND 100,000,000 to under VND 500,000,000.
3. If the bribe consists of money, property, or other material benefits valued from VND 500,000,000 to under VND 1,000,000,000, the offender shall be subject to imprisonment from 07 years to 12 years.
4. If the bribe consists of money, property, or other material benefits valued at VND 1,000,000,000 or more, the offender shall be subject to imprisonment from 12 years to 20 years.
5. The offender may also be subject to a fine of VND 10,000,000 to VND 50,000,000.
6. Any person who gives or promises to give bribes to foreign public officials, officials of public international organizations, or persons holding positions in non-state enterprises or organizations shall also be handled under this Article.
7. Any person compelled to give a bribe who voluntarily reports before being detected shall not be considered criminally liable and shall have the entire bribe returned.
A person who was not compelled but voluntarily reports before being detected may be exempt from criminal liability and may have part or all of the bribe returned.
Article 365. Crime of Brokering Bribes
1. Any person who brokers a bribe where the bribe falls under any of the following circumstances shall be subject to a fine of VND 20,000,000 to under VND 200,000,000, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:
a) Money, property, or material benefits valued from VND 2,000,000 to under VND 100,000,000;
b) Non-material benefits.
2. The offender shall be subject to imprisonment from 02 years to 07 years if the crime falls under any of the following circumstances:
a) Committed in an organized manner;
b) Committed in a professional manner;
c) Using cunning tricks;
d) Knowing that the bribe is state property;
đ) Abusing position or power;
e) Committing the crime two times or more;
g) The bribe is valued from VND 100,000,000 to under VND 500,000,000.
3. If the bribe is valued from VND 500,000,000 to under VND 1,000,000,000, the offender shall be subject to imprisonment from 05 years to 10 years.
4. If the bribe is valued at VND 1,000,000,000 or more, the offender shall be subject to imprisonment from 08 years to 15 years.
5. The offender may also be subject to a fine of VND 20,000,000 to VND 200,000,000.
6. Any person who brokers a bribe but voluntarily reports before being detected may be exempt from criminal liability.
7. Any person who brokers bribes in non-state enterprises or organizations shall also be handled under this Article.
Legal Basis:
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Articles 354, 364, 365 of the Penal Code 2015;
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Point r, Clause 1, Article 2 of the Law amending and supplementing a number of articles of the Penal Code 2017;
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Clause 23, Article 1 of the Law amending and supplementing a number of articles of the Penal Code 2025.
