When is the act of giving a bribe in Vietnam subject to criminal prosecution?

In practice in Vietnam, the act of giving a bribe and the risk of criminal liability are not always clearly recognized, especially for foreigners. Many cases arise from business habits or handling procedures without anticipating legal consequences. So when is this act considered a crime under Vietnamese law?

When is the act of giving a bribe considered a crime under Vietnamese law?

Not a few foreigners working or doing business in Vietnam fall into situations of “giving money to resolve procedures faster” without fully recognizing legal risks. In some countries, this act may be considered an “unofficial cost,” but in Vietnam, the boundary between “implicit agreement” and criminal offense is very clear.

According to the Criminal Code 2015 (amended and supplemented in 2017), the act of giving a bribe may be subject to criminal liability if it meets the elements of a crime under Article 364.

What acts are considered “giving a bribe”?

Vietnamese law stipulates: giving a bribe is the act of directly or indirectly giving money, property, material or non-material benefits to a person with position and authority to obtain illegitimate benefits.

This means:

• Not only cash, but gifts, services, personal benefits may also be considered bribery
• It is not necessary to give directly; through intermediaries is still handled
• Purpose is an important factor: to “distort” procedures, rules or decisions

Practical examples:

• Paying money to be licensed faster than regulations
• “Greasing” to overlook administrative violations
• Giving valuable gifts to gain advantage in bidding

These acts in business may be elements constituting a criminal offense in Vietnam.

What value leads to criminal prosecution?

This is a question that most foreign clients are concerned about.

According to current regulations:

• If the bribery value is from 2 million VND or more → may be subject to criminal prosecution
• Under 2 million VND but:
  • causing serious consequences
  • or having previously violated

→ may still be criminally handled

Penalties may range from:

• Fine
• Non-custodial reform
• Imprisonment from 6 months to 20 years

In some serious cases, the sentence may be very severe if:

• The bribery value is large
• Organized
• Related to large projects, foreign elements

This is the point that makes many foreigners “surprised”: a seemingly small act can lead to very large legal consequences.

Foreigners giving bribes in Vietnam: Legal risks that need special attention

If you are a foreigner, the level of risk does not stop at criminal liability. In fact, cases involving foreign elements are often much more complicated.

Are they handled like Vietnamese citizens?

The answer is: Yes.

According to Vietnamese law:

• Foreigners committing crimes in the territory of Vietnam are still subject to the Vietnamese Criminal Code
• There is no exception just because of nationality

In addition, you may also face:

• Deportation from Vietnam after serving the sentence
• Impact on visa, work permit, investment
• Serious impact on personal and business reputation

Common mistakes of foreigners

During consulting and participation in defense, DEDICA finds many clients fall into risk because:

• Believing that “this is local practice”
• Not understanding the legal value of the act
• Following instructions of partners or local staff
• Not having a lawyer from the beginning

Especially dangerous when:

• You are invited to work with the police but not prepared in advance
• You declare inaccurately or disadvantageously for yourself

Initial mistakes may directly affect the entire investigation process later.

Legal solutions and how to handle when there is a risk of criminal prosecution

If you or your relatives are in this situation, the important thing is not panic but to act correctly from the beginning.

What should you do when being investigated for bribery?

Below are important steps:

1. Do not arbitrarily explain or “negotiate”
Many people try to explain or arrange, this may make the situation more serious.

2. Work with a lawyer as soon as possible
A lawyer will help you:

• Assess whether the act constitutes a crime
• Identify mitigating circumstances
• Guide how to work with investigative authorities

3. Prepare documents and evidence
Some factors may help mitigate liability:

• No clear purpose of personal gain
• Being forced or dependent on circumstances
• Voluntarily declaring, cooperating

The act of giving a bribe in Vietnam is not always subject to criminal prosecution, but the boundary is very fragile and depends on many factors: value, purpose, consequences and specific context.

This article is for general information purposes only. Each case has its own characteristics and needs to be assessed by a qualified lawyer.

Are you facing a similar problem?
Are you or your relatives being investigated related to bribery in Vietnam?

Please contact DEDICA Law for the most appropriate legal strategy consultation.

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