Bribery in Vietnam: How Much Leads to Criminal Charges?

If you are a foreigner living, working, or investing in Vietnam, being involved in a situation where money is given to “facilitate a process” can be extremely stressful.

Many clients at DEDICA Law have shared the same concern: they never thought that a relatively small amount of money could result in criminal liability. In some countries, such payments may be seen as informal “facilitation fees.”

However, Vietnamese law treats this issue very differently. And most importantly, the line between an administrative violation and a criminal offense is much lower than many expect.

What is the minimum amount for criminal prosecution?

Under Article 364 of the 2015 Criminal Code of Vietnam (as amended in 2017), a person may be subject to criminal prosecution for giving bribes if:

• The value of money, property, or material benefit is from VND 2,000,000 (approximately USD 80) or more; or
• Less than VND 2,000,000, but falls into one of the following cases:
  • Previously administratively sanctioned for the same conduct
  • Previously convicted of this offense
  • Causing serious consequences

This means that even a relatively small amount—starting from just VND 2 million—can already trigger criminal liability in Vietnam.

This threshold often surprises foreign individuals, especially those coming from jurisdictions where such conduct may only result in administrative penalties.

It’s not just about the amount: What authorities actually assess

A common misunderstanding is that “small money” equals “low risk.” In reality, the amount is only one factor in a broader legal assessment.

Investigating authorities may also consider:

• The purpose of the bribe (e.g., to obtain a license, avoid penalties, win a bid)
• The status of the recipient (public official, person in authority)
• The benefit obtained from the act
• Whether the conduct was organized or repeated
• Whether it involves businesses, investment projects, or foreign elements

In many cases, even if the amount is not large, the intent and consequences can significantly increase the seriousness of the case.

Legal Risks and What to Do If You Are Under Investigation

Once you are invited to work with the police or become subject to investigation, the most important thing is not to avoid the situation—but to understand your legal risks and respond strategically.

For foreigners, unfamiliarity with Vietnam’s legal system can lead to critical mistakes at an early stage.

What penalties could you face?

Depending on the circumstances, the offense of giving bribes may carry the following penalties:

• Basic penalties:
  • A fine from VND 20,000,000 to VND 200,000,000
  • Non-custodial reform for up to 3 years
  • Or imprisonment from 6 months to 3 years
• Aggravated penalties:
  • Up to 20 years of imprisonment in serious cases

In addition, foreign individuals may also face:

• Deportation from Vietnam
• Restrictions on future entry
• Impacts on work permits and investment activities
• Reputational damage for both individuals and businesses

However, it is important to emphasize that not every case leads to the most severe outcome. Each case is assessed based on its specific facts and circumstances.

Is it possible to mitigate or avoid criminal liability?

Vietnamese law does provide mechanisms for mitigation—and in some cases, exemption from criminal liability.

A person who gives a bribe may be exempted from criminal liability if:

• They voluntarily report the act before it is discovered
• They actively cooperate with the authorities
• They help uncover corruption-related conduct

Other mitigating factors include:

• Honest and cooperative declarations
• Voluntary remediation of consequences
• First-time offense
• Good personal background

This highlights a crucial point: how you handle the situation in the early stages can significantly influence the final outcome.

What Should Foreigners Do If Involved in a Bribery Case?

In practice, many clients come to DEDICA Law when the situation has already escalated. Some have signed documents they did not fully understand or made statements that later worked against them.

That is why taking the right steps early is critical.

Common mistakes to avoid

• Working with authorities without a lawyer
• Signing documents without fully understanding their content
• Relying on unofficial advice from unqualified individuals
• Attempting to “resolve” the issue informally after it has been detected

These actions can worsen the situation and reduce the chances of mitigation.

A safer and more effective approach

• Contact a lawyer experienced in criminal law and cross-border matters as early as possible
• Prepare all relevant documents and information
• Work with authorities based on a clear legal strategy
• Maintain cooperation, but with proper legal guidance

In many cases, the first 24 to 72 hours can shape how the authorities perceive the entire case.

DEDICA Law – Legal Support for Foreigners in Criminal Cases in Vietnam

DEDICA is a professional law firm based in Ho Chi Minh City, with extensive experience assisting foreign clients in criminal matters in Vietnam.

We have supported clients in situations such as:

• Being summoned for questioning related to bribery
• Being under investigation without understanding their legal rights
• Requiring early-stage legal representation to protect their interests

At DEDICA, we do not just provide legal knowledge—we develop tailored legal strategies based on each client’s specific circumstances, helping them:

• Understand their legal risks clearly
• Avoid critical mistakes
• Optimize their legal defense approach

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case depends on its specific facts and should be assessed individually.

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