Article 277. Crime concept of position

Crimes in position are acts of infringing upon the proper activities of agencies or organizations committed by persons with positions while performing official duties.

The person with the above position is a person who by appointment, election, contract or another form, is paid or unpaid, is assigned to perform a certain task and has certain powers. while on duty.

Section A

CRIMES OF CORRUPTION

Article 278. Crime of embezzlement

1. A person who abuses his position or powers to appropriate property valued at between five hundred thousand dong and under fifty million dong or under five hundred thousand dong, but falls into one of the following cases here, sentenced to between two and seven years of imprisonment:

a) Causing serious consequences;

b) Having been disciplined for this act but still committing the violation;

c) Having been convicted of one of the crimes specified in Section A of this Chapter, the criminal record has not been removed but the offense is still committed.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) In an organized manner;

b) Using cunning and dangerous tricks;

c) Committing the crime more than once;

d) Appropriating property valued between fifty million dong and under two hundred million dong;

dd) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment:

a) Appropriating property valued between two hundred million dong and under five hundred million dong;

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment:

a) Appropriating property valued at five hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders are also banned from holding certain posts for one to five years, may be subject to a fine of between ten million dong and fifty million dong, and confiscate part or all of their property.

Article 279. Crime of accepting bribes

1. Those who abuse their positions, powers, directly or through intermediaries, have received or will receive money, property or other material benefits in any form with a value of between five hundred thousand dong and under ten million dong or under five hundred thousand dong but falling into one of the following cases to do or not do one thing for the benefit or at the request of the bribe, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Causing serious consequences;

b) Having been disciplined for this act but still committing the violation;

c) Having been convicted of one of the crimes specified in Section A of this Chapter, the criminal record has not been removed but the offense is still committed.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) In an organized manner;

b) Abuse of positions and powers;

c) Committing the crime more than once;

d) Know that the bribe is the property of the State;

e) Asking for bribes, harassing or using cunning tricks;

e) The bribe has a value of between ten million dong and under fifty million dong;

g) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment:

a) The bribe has a value of between fifty million dong and under three hundred million dong;

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment:

a) The bribe has a value of three hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders are also banned from holding certain posts for one to five years, and may be subject to a fine of between once and five times the value of the bribe, or confiscation of part or all of the property.

Article 280. Crime of abusing positions and powers to appropriate property

1. Those who abuse their positions or powers to appropriate property of another person valued between five hundred thousand dong and under fifty million dong or under five hundred thousand dong but cause serious consequences, have been disciplined. if the law on this act or has been convicted of one of the crimes specified in Section A of this Chapter, the criminal record has not been removed but the violation is still committed, the offenders shall be sentenced to between one and six years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between six and thirteen years of imprisonment:

a) In an organized manner;

b) Using cunning and dangerous tricks;

c) Committing the crime more than once;

d) Dangerous recidivism;

e) Appropriating property valued at between fifty million dong and under two hundred million dong;

e) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between thirteen and twenty years of imprisonment:

a) Appropriating property valued between two hundred million dong and under five hundred million dong;

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to twenty years of imprisonment or life imprisonment:

a) Appropriating property valued at five hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders are also banned from holding certain posts for one to five years, and may be subject to a fine of between ten million dong and fifty million dong.

Article 281. Crime of abusing positions and powers while performing official duties

1. Those who take advantage of their positions or other personal motives to abuse their positions and powers to act against their official duties and cause damage to the interests of the State, the society, and the legitimate rights and interests of citizens, shall sentenced to non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and ten years of imprisonment:

a) In an organized manner;

b) Committing the crime more than once;

c) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between ten years and fifteen years of imprisonment.

4. Offenders are also banned from holding certain posts for one to five years, and may be subject to a fine of between three million dong and thirty million dong.

Article 282. Crime of abusing power while on duty

1. Those who, for their self-interest or other personal motives, go beyond their powers to act contrary to their official duties, and cause damage to the interests of the State, society, and the legitimate rights and interests of citizens, shall be imprisonment from one year to seven years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:

a) In an organized manner;

b) Committing the crime more than once;

c) Causing serious consequences.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between ten years and twenty years of imprisonment.

4. Offenders are also banned from holding certain posts for one to five years, and may be subject to a fine of between three million dong and thirty million dong.

Article 283. Crime of abusing positions and powers to influence others for self-seeking

1. Those who abuse their positions, powers, directly or through intermediaries, have received or will receive money, property or other material benefits in any form with a value of between five hundred thousand dong and under ten million dong or under five hundred thousand dong but causing serious consequences, have been disciplined for this behavior but also violated, to use their influence to motivate people with positions or powers to do or not to do If they fall under their responsibility or are directly related to their work or do something that is not permitted, the offenders shall be sentenced to between one and six years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between six and thirteen years of imprisonment:

a) In an organized manner;

b) Committing the crime more than once;

c) Money, property or other material interests are valued at between ten million dong and under fifty million dong;

d) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between thirteen and twenty years of imprisonment:

a) Money, property or other material benefits with a value of between fifty million dong and under three hundred million dong:

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to twenty years of imprisonment or life imprisonment:

a) Money, property or other material interests are valued at three hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders are also prohibited from holding certain positions for one to five years, and may be subject to a fine of between one and five times the amount or value of the property they profited.

Article 284. Crime of forging in business

1. Those who take advantage of their positions and powers to commit one of the following acts for their own interests or other personal motives shall be sentenced to between one and five years of imprisonment:

a) Correcting or falsifying contents of papers and documents;

b) Making and issuing fake papers;

c) Forging signatures of persons with positions and powers.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) The offender is the person responsible for making or issuing papers and documents;

c) Committing the crime more than once;

d) Causing serious consequences.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve and twenty years of imprisonment.

5. Offenders are also prohibited from holding certain posts or doing certain jobs for one to five years, and may be subject to a fine of between three million dong and thirty million dong.

Section B

OTHER CRIMES OF POSITION

Article 285. Crime of irresponsibility causes serious consequences

1. A person who fails to perform or improperly performs the assigned task due to irresponsibility causes serious consequences, if not falling into the cases specified in Articles 144, 235 and 301 of this Code, shall be sanctioned non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between three and twelve years of imprisonment.

3. The offender is also prohibited from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

Article 286. Crime of intentionally revealing working secrets; appropriating, buying, selling or destroying confidential work documents

1. Those who intentionally disclose their work secrets or appropriate, purchase, sell or destroy working secret documents, if not falling into the cases specified in Articles 80 and 263 of this Code, shall be sanctioned. incarceration for up to three years or imprisonment of between three months and three years.

2. Committing the crime and causing serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.

3. The offender is also prohibited from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

Article 287. Crime of unintentionally revealing working secrets; crime of losing confidential working documents

1. Those who unintentionally reveal their work secrets or lose work secret documents, causing serious, very serious or particularly serious consequences, if not falling into the cases specified in Article 264 of this Code , they shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 288. Crime of dismissal

1. Those who are cadres or public employees intentionally abandon their work duties, causing serious consequences, shall be sentenced to non-custodial reform for up to two years or a prison term of between three months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Enticing other people to defect;

b) Committing crimes in war, natural calamity or in other special difficult circumstances of society;

c) Causing very serious or particularly serious consequences.

3. Offenders may also be barred from holding certain posts for one to five years.

Article 289. Crime of giving bribes

1. Those who give a bribe whose bribe has a value of between five hundred thousand dong and under ten million dong or under five hundred thousand dong but causes serious consequences or commits many violations shall be sentenced to between one year and six years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between six and thirteen years of imprisonment:

a) In an organized manner;

b) Using cunning tricks;

c) Using State property to give bribes;

d) Committing the crime more than once;

dd) The bribe has a value of between ten million dong and under fifty million dong;

e) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between thirteen and twenty years of imprisonment:

a) The bribe has a value of between fifty million dong and under three hundred million dong;

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment:

a) The bribe has a value of three hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders may also be subject to a fine of between one and five times the value of the bribe.

6. A person who is forced to give a bribe but actively gives a report before being discovered is considered not guilty and will be returned all of the property used to give the bribe.

The bribe, who is not coerced but actively gives a report before being discovered, may be exempt from criminal liability and be returned in whole or in part of the money used to give the bribe.

Article 290. Crime of acting as broker for bribes

1. Anyone acting as a bribe broker whose bribe has a value of between five hundred thousand dong and under ten million dong or under five hundred thousand dong but causes serious consequences or commits many violations shall be sentenced to between six months to five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Using cunning tricks;

c) Knowing that the bribe is the property of the State;

d) Committing the crime more than once;

dd) The bribe has a value of between ten million dong and under fifty million dong;

e) Causing other serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between eight and fifteen years of imprisonment:

a) The bribe has a value of between fifty million dong and under three hundred million dong;

b) Causing other very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment:

a) The bribe has a value of three hundred million dong or more;

b) Causing other particularly serious consequences.

5. Offenders may also be subject to a fine of between one and five times the value of the bribe.

6. A bribery broker who actively reports before being discovered may be exempt from criminal liability.

Article 291. Crime of taking advantage of influence over people with positions and powers to gain profits

1. Any person directly or through an intermediary receives money, property or other material benefits in any form with a value of between five hundred thousand dong and under fifty million dong or under five hundred thousand dong, but causes good consequences serious results, have been disciplined for this behavior but also violated, to use their influence to motivate persons with positions or powers to do or not to do a thing of their responsibility or to do something not allowed to work, shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) Committing the crime more than once;

b) Receive money, property or other material benefits valued at fifty million dong or more;

c) Causing other serious, very serious or particularly serious consequences.

3. Offenders may also be subject to a fine of between one and five times the amount or value of the property they profited.