Anti-Corruption Law of Vietnam

While doing business in Vietnam foreign investors should be aware of the local regulations on anti-corruption. 

Under the laws of Vietnam, corruption means an office holder’s abuse of his/her official capacity for personal gain/benefits.

Acts of corruption committed by office holders in state organizations include:

(i)           Embezzlement;

(ii)          Taking bribes;

(iii)         Abuse of one’s position or power for illegal appropriation of assets;

(iv)         Abuse of official capacity during performance of tasks or official duties for personal gain;

(v)          Acting beyond one’s authority in performance of one’s duties for personal gain;

(vi)         Abuse of official capacity to influence another person for personal gain;

(vii)        Impersonation for personal gain;

(viii)       Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

(ix)         Illegal use of public assets for personal gain by abuse of official capacity;

(x)          Harassment for personal gain;

(xi)         Failure to perform or correctly perform one’s duties for personal gain; and

(xii)       Abuse of official capacity to screen violations of law for personal gain; illegally intervening or obstructing supervision, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for personal gain.

Acts of corruption committed by office holders in non-state organizations include:

(i)           Embezzlement;

(ii)          Taking bribes; or

(iii)         Bribing or brokering bribery for taking advantage of one’s influence over the    operation of the enterprise or organization, or for personal gain. 

For criminal charges, the minimum value to stigger a criminal charge is VND 2,000,000 (about USD 88). Kindly note that under Vietnam’s 2018 Law on Preventing and Fighting Corruption (the “Law”), it is strictly prohibited for State organizations and office holders to directly or indirectly receive gifts in any manner form another organization or individual that is relevant to the tasks they are performing or under their management.

The most common criminal charges imposed on private sectors in Vietnam is bribe giving. Pursuant to Article 364 of the Criminal Code, bribe giving is defined as any person who directly or through an intermediary gives or promises to give benefits to an office holder or another person or organization in order to influence him/her to perform or not to perform certain tasks in the interests or at the request of the bribe giver.