Penalty for Foreigners for Bribery Brokerage under Vietnamese Law

Bribery brokerage in Vietnam is a criminal offense strictly handled under current law, with penalties varying depending on the severity of the violation. In reality, many foreigners become unintentionally involved in such acts without fully understanding the legal risks. So, if you are under investigation, what penalties could you face and are there any chances for mitigation?

Penalties for bribery brokerage under Vietnamese law

When referring to corruption-related crimes, many foreigners assume that only those who directly give or receive bribes are punished. However, in practice, bribery brokerage is also subject to criminal liability under Vietnamese law, and the penalties are significant.

A major concern is that many foreigners unintentionally act as “intermediaries” in transactions without fully understanding their legal nature. Even introducing, connecting, or relaying information between two parties may be considered bribery brokerage.

So how exactly does Vietnamese law regulate this? And if you or your relatives are under investigation, is there any safe legal approach?

Definition and elements of bribery brokerage

Under the current Vietnamese Criminal Code, bribery brokerage is defined as acting as an intermediary between the bribe giver and the bribe receiver to facilitate illegal benefits.

Key elements include:

• Acting as a connector or arranger between two parties
• Clearly knowing the purpose is bribery
• May or may not receive benefits (still punishable)

The risk for foreigners lies in:
No need to directly receive money—mere involvement as an “introducer” may constitute a crime.

Especially in Vietnam’s business environment, transactions involving licenses, projects, or administrative procedures can easily be misunderstood without proper legal advice.

Penalty framework

According to Article 365 of the 2015 Criminal Code (amended 2017):

Basic level:

• Fine from VND 20 million to 200 million
• Or imprisonment from 6 months to 3 years

Aggravated level:

• 2 to 7 years imprisonment
• Applies if organized, abuse of position, or bribe ≥ VND 100 million

Serious level:

• 5 to 10 years imprisonment

Especially serious level:

• 8 to 15 years imprisonment
• Applies if bribe ≥ VND 1 billion or serious consequences

Additional penalties:

• Monetary fines
• Ban from holding positions or practicing professions

Important for foreigners:
In some cases, deportation from Vietnam may apply after serving the sentence.

Legal solutions for foreigners involved

Being summoned by Vietnamese authorities can be stressful, especially for foreigners unfamiliar with the legal system. However, not all cases lead to severe penalties.

Mitigating factors

Authorities may consider:

• Voluntary confession and cooperation
• No benefit received or no serious damage
• Minor role in the case
• Lack of understanding of Vietnamese law

If proactively reported before detection, exemption from criminal liability may be considered.

Common mistakes

• Giving statements without a lawyer
• Not understanding the right to remain silent
• Signing documents without full understanding
• Assuming “just an intermediary” is harmless

These mistakes can worsen the situation.

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