What are penalties against corrupt individuals in Vietnam? How to handle corruptly-acquired assets in Vietnam?

What are penalties against corrupt individuals in Vietnam? How to handle corruptly-acquired assets in Vietnam?

Pursuant to Article 92 and 93 of the Law on Anti-Corruption in 2018 stipulating as follows:

Penalties against corrupt individuals

- 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 this Article 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.

Handling corruptly-acquired assets

- 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.

What are actions against other violations against anti-corruption laws in state organizations in Vietnam?

Pursuant to Article 94 of the Law on Anti-Corruption in 2018 stipulating actions against other violations against anti-corruption laws in state organizations in Vietnam as follows:

1. Other violations against anti-corruption laws that are not mentioned in Clause 2 of this Article include:

a) Violations against regulations on information disclosure and transparency during operation of state organizations;

b) Violations against regulations on norms, standards and benefits;

c) Violations against code of conduct;

d) Violations against regulations on conflict of interest;

dd) Violations against regulations on reassignment of office holders;

e) Violations against regulations on the responsibility to report corrupt activities and processing reports on corrupt activities;

g) Violations against regulations on truthful declaration of assets and income and explanation for increase in assets and income;

h) Violations against regulations on time limit for declaration of assets and income or violations against other regulations on assets and income monitoring.

2. A person who commit any of the violations mentioned in Point a, b, c, d, đ, e and h in Clause 1 of this Article shall face disciplinary actions, administrative penalties or criminal prosecution depending on the nature and severity of his/her violations, and pay compensation for any damaged caused by such violations.

The person commits the violations mentioned in Point g Clause 1 of this Article shall be dealt with in accordance with Article 51 of this Law.

3. The violator who is the head or deputy of a state organization shall incur harsher penalties.

The violator who is a member of a political organization, socio-political organization or social organization shall also incur penalties prescribed by such organization.

4. The Government shall elaborate the disciplinary actions and administrative penalties mentioned in this Article.

What are actions against other violations against anti-corruption laws in enterprises and non-state organizations in Vietnam?

Pursuant to Article 95 of the Law on Anti-Corruption in 2018 stipulating actions against other violations against anti-corruption laws in enterprises and non-state organizations in Vietnam as follows:

In the cases where a enterprise or non-state organization that is a public company, credit institution, social organization whose establishment is decided by the Prime Minister, the Minister of Internal Affairs or Presidents of the People’s Committees of provinces, or social organization whose charter allows raising of charity funds from the people violates Article 80 of this Law:

1. The enterprise/organization will incur administrative penalties;

2. The holders of managerial positions in the enterprise/organization will be dealt with in accordance with its rules and regulations.

If the violating enterprise/organization does not take actions against the holders of managerial positions, its name, address and violations will be published by the inspecting authority.

Best regards!