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Offering bribes to obtain business licenses may seem like a shortcut, but could it expose your company to serious legal consequences in Vietnam? What risks might arise if authorities investigate—and how should foreign individuals and businesses respond?
In Vietnam, particularly for foreign-invested companies, the process of obtaining business licenses can sometimes be time-consuming and complex. In practice, some businesses may resort to “unofficial payments” to expedite approvals.
At first glance, this may appear to be a practical business decision. However, under Vietnamese law, such actions can be classified as bribery, a criminal offense with significant legal consequences.
Many clients only realize the seriousness of the issue after being summoned by the police or investigation authorities. At that point, the key concern becomes: could this lead to criminal liability, and how severe could the consequences be?
Under Article 364 of the 2015 Criminal Code (as amended in 2017), bribery involves:
Importantly, the law does not require the bribe to have successfully achieved its intended outcome (e.g., obtaining a license). In many cases, the act of offering or promising a bribe alone may be sufficient to trigger legal liability.
This is often the most concerning part for clients, especially foreign individuals unfamiliar with Vietnam’s legal system.
Individuals directly involved in offering bribes (such as directors, managers, or employees) may face:
For foreign nationals, additional consequences may include:
It is important to note that the outcome of each case depends on various factors, including the value of the bribe, the individual’s role, level of cooperation, and other mitigating or aggravating circumstances. Therefore, no definitive conclusion can be made without reviewing the specific case.
If the bribery act is carried out:
Then the company itself (as a legal entity) may also be subject to penalties.
Potential consequences include:
These sanctions can directly impact the company’s ability to continue operating in Vietnam.
In practice, bribery rarely exists in isolation. Once an investigation begins, authorities may expand their review to related issues such as:
This can significantly increase the complexity and severity of the situation.
For foreign businesses and individuals, the risks may extend beyond Vietnam.
Depending on the jurisdiction, bribery committed abroad may still be prosecuted under home country laws (such as anti-corruption regulations).
In addition, being involved in a criminal investigation can negatively affect:
If you or someone close to you has been invited to work with Vietnamese authorities regarding a bribery-related matter, the most important step is not to panic—but to act strategically and carefully.
Based on practical experience, many clients unintentionally put themselves at a disadvantage by:
These actions can negatively affect how the case is assessed by authorities.
To reduce legal risks, consider the following:
While cooperation with authorities is important, individuals should:
Documents such as:
can play a critical role in clarifying the nature of the case.
Early legal support can significantly influence the direction of the case. A lawyer can help:
For foreign clients, it is particularly important to work with lawyers who understand both Vietnamese law and international legal contexts.
DEDICA is a law firm based in Ho Chi Minh City, providing legal services to clients involved in criminal matters in Vietnam, with a strong focus on foreign individuals and businesses.
We have supported clients in situations such as:
Our approach focuses on:
Please note that each case is unique. This article is for general informational purposes only and should not be considered legal advice.
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