Tiếng Việt
Table of Contents
1. What is a civil servant?
2. What is a civil servant who receives money from citizens?
3. Penalties according to legal regulations
1. What is a civil servant?
Pursuant to Clause 2, Article 4 of the Law on Cadres and Civil Servants 2008 and the Law on Public Employees amended in 2019 herein:
“Article 4. Cadres and civil servants
2. Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial and district levels; in People’s Army agencies and units, other than officers, professional military personnel and defense workers; in People’s Police offices and units other than officers and professional non-commissioned officers, and in the leading and managerial apparatuses of public non-business units of the Communist Party of Vietnam, the State and socio-political organizations (below collectively referred to as public non-business units), included in the payrolls and salaried from the state budget; for civil servants in the leading and managerial apparatuses of public non-business units, they are salaried from the salary funds of these units according to law.”
2. What crimes are civil servants prosecuted for receiving money from citizens?
According to Clause 2, Article 2 of the Law on Anti-Corruption 2018, civil servants receiving money from citizens are considered bribery:
“2. Acts of corruption committed by office holders in non-state organizations include:
a) Embezzlement;
b) Taking bribes;
c) Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.”
Regarding criminal liability for civil servants who receive money from people, depending on the elements constituting the crime, they may be prosecuted for the following crimes:
– Crime of receiving bribes prescribed in Article 354 of the 2015 Penal Code;
– Crime of abusing positions and powers to appropriate property prescribed in Article 356 of the 2015 Penal Code;
– Crime of abusing power while performing official duties prescribed in Article 357 of the 2015 Penal Code;
– Crime of abusing position and power to influence others for personal gain as prescribed in Article 358 of the 2015 Penal Code.
3. Level of penalty according to law
According to Article 92 of the 2018 Law on Anti-Corruption herein:
“Article 92. Penalties against corrupt individuals
1. Corrupt individuals, regardless of their positions, shall face harsh penalties as prescribed by law, including those who have retired, resigned or reassigned.
2. A person who commit any of the acts of corruption specified in Article 2 of this Article shall face disciplinary actions, administrative penalties or criminal prosecution depending on the nature and severity of his/her violations.
3. A corrupt individual who is the head or deputy of a state organization shall incur harsher penalties.
4. An individual who confesses to his/her corruption before being discovered, shows cooperation, voluntarily gives up the corruptly-acquired assets and relieves the damage caused by his/her act of corruption may be granted leniency or absolution as prescribed by law.
5. An official or public employee who is convicted of corruption is obviously dismissed from the effective date of the court judgment or decision. In the same situation, a delegate of the National Assembly or the People’s Council is obviously dismissed from such position.”
Based on the above provisions, depending on the nature and severity of the violation, a person who has committed a corrupt act may be subject to disciplinary action, administrative sanctions, or criminal prosecution. According to Article 354 of the 2015 Penal Code, amended and supplemented in 2017, the penalty for the crime of taking bribes herein:
“Article 354. Taking bribes
1. Any person who abuses his/her power to directly or through an intermediary receive or promise to receive any of the following benefits for himself/herself or for another person or organization as a condition to act or not to act in the interests of or at the request of the bribe giver shall face a penalty of 02 – 07 years’ imprisonment:
a) Money, property, or other tangible benefit assessed at from VND 2,000,000 to under VND 100,000,000, or under VND 2,000,000 but the bribe recipient was disciplined for the same offence or has a previous conviction for any of the offences specified in Section 1 of this Chapter which has not been expunged;
b) Intangible benefits.
2. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offender abuses his/her position or power to commit the offence;
c) The bribe is money, property, or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;
d) The offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000,000;
dd) The offence has been committed more than once;
e) The offender knows that the bribe is state property;
g) The offender solicits bribes, or employs a deceitful method to take bribes.
3. This offence committed in any of the following cases shall carry a penalty of 15 – 20 years’ imprisonment:
a) The bribe is money, property, or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;
b) The offence results in property damage of from VND 3,000,000,000 to under VND 5,000,000,000.
4. This offence committed in any of the following cases shall carry a penalty of 20 years’ imprisonment, life imprisonment, or death:
a) The bribe is money, property, or other tangible benefits assessed at ≥ VND 1,000,000,000;
b) The offence results in property damage of ≥ VND 5,000,000,000.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.
6. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.”