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Bribery in business is no longer a distant risk, especially for foreign-invested companies operating in Vietnam. When being invited to work with investigation authorities, many individuals feel overwhelmed: Will I face criminal charges? Is there any way to mitigate liability? More importantly, what should I do right now to protect my legal rights?
As Vietnam strengthens its anti-corruption enforcement, bribery-related conduct is being scrutinized more strictly than ever. For foreign businesses, even a small misunderstanding of local laws or internal compliance gaps can lead to serious legal consequences.
Under the 2015 Criminal Code (as amended in 2017), bribery is generally categorized into two main offenses:
Giving bribes:
Providing money, assets, or other benefits to obtain improper advantages.
Receiving bribes:
A person in a position of power receiving benefits to perform or refrain from performing certain duties for the benefit of the giver.
A critical point often overlooked by foreign companies is that bribery is not limited to cash. Benefits such as gifts, hospitality expenses, financial support, or even services may be considered bribery if intended to influence official decisions.
Although criminal liability in Vietnam primarily applies to individuals, companies can still face significant consequences:
Managers, directors, or employees involved may be subject to criminal prosecution.
The company itself may be subject to expanded investigation, account freezing, or seizure of internal documents.
Business operations may be disrupted, affecting licenses and partnerships.
Reputational damage can be severe, particularly for foreign-invested enterprises.
In some cases, foreign companies may also face legal exposure in their home jurisdictions under extraterritorial anti-bribery laws such as the FCPA or the UK Bribery Act.
Being invited to work with authorities does not mean you are already guilty. However, your response at this stage can significantly impact the entire process.
Based on DEDICA’s experience advising foreign clients, common mistakes include:
Providing statements without legal counsel.
Not understanding your legal rights during the investigation process.
Signing written records without fully understanding the content, especially due to language barriers.
Uncontrolled internal communications that may unintentionally create unfavorable evidence.
These mistakes can complicate the situation, even if the initial conduct was not severe.
In bribery-related cases, especially involving foreign individuals, having a clear legal strategy from the beginning is crucial.
First, it is important to determine the role of each individual involved. Not everyone connected to the matter bears the same level of responsibility. Identifying who directly committed the act, who had knowledge without participation, and who may be a witness will shape the legal approach.
Second, engaging a lawyer early is essential. A lawyer can attend working sessions, help explain your rights and obligations, and guide you on how to provide statements in compliance with Vietnamese law.
In addition, preparing documents, reviewing evidence, and assessing the overall situation can help identify potential mitigating factors, such as cooperation with authorities or voluntary remediation.
It should be noted that each case is unique, and there is no one-size-fits-all solution.
In practice, bribery cases are not always clear-cut violations. Many arise from differences in business practices and legal systems between countries.
DEDICA Law has supported numerous foreign clients in similar situations, from the initial stage of being invited to work with authorities to the resolution of the case in accordance with Vietnamese law.
DEDICA does not assess conduct in isolation but analyzes the full context, including business environment, internal compliance systems, level of legal awareness, and available evidence.
Based on this, DEDICA develops tailored legal strategies, which may include risk prevention advice, legal representation during proceedings, and working with authorities to clarify the nature of the case.
DEDICA has extensive experience working with foreign clients in Vietnam and understands the challenges related to language, culture, and legal differences.
The firm’s lawyers have backgrounds in international law firms and multinational corporations, ensuring a practical and globally aligned approach.
When a company or individual is involved in a bribery-related matter, the biggest concern is often not just whether a violation occurred, but how the situation is handled from the outset.
In reality, similar cases can lead to very different outcomes depending on how they are approached and managed.
If you or someone close to you is a foreign national being invited to work with authorities in Vietnam, or is involved in a criminal case, seeking timely legal support is essential to protecting your legitimate rights and interests.
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