The current maximum penalties (as of 14 October 2026):
- Taking bribes (Article 354): paragraph 4 → 20 years’ imprisonment or life imprisonment (bribes valued at VND 1 billion or more, or property damage of VND 5 billion or more).
- Giving bribes (Article 364): paragraph 4 → 12 to 20 years’ imprisonment (bribes valued at VND 1 billion or more).
⚠️ The make-or-break point of this article: taking bribes no longer carries the death penalty since 1 July 2025 — Law 86/2025/QH15 abolished it for this offence (one of 8 offences). Any secondary source still listing “death penalty” for Article 354 without updating for Law 86/2025 is outdated. Every mention of the death penalty in this article carries an explicit time marker.
Short answer
- Taking bribes — maximum: 20 years’ imprisonment or life imprisonment (Article 354(4)). Before 1 July 2025, paragraph 4 prescribed the death penalty; from 1 July 2025, the death penalty was abolished and replaced with “20 years’ imprisonment or life imprisonment”.
- Giving bribes — maximum: 12–20 years’ imprisonment (Article 364(4)). Giving bribes has never carried the death penalty — neither before nor after the 2025 amendments.
- Transition (Article 3, Law 86/2025): death sentences pronounced before 1 July 2025 for taking bribes that have not yet been executed shall not be executed; the Chief Justice of the Supreme People’s Court decides to commute them to life imprisonment.
- Applicable text: the Penal Code as consolidated in 135/VBHN-VPQH (5 September 2025); Articles 354(4) and 354(5) as amended by Article 1(23) of Law 86/2025/QH15.
Taking bribes (Article 354) — the maximum frame
Article 354(4) sets the highest frame — 20 years’ imprisonment or life imprisonment — applying where either:
- The bribe is money, assets or other material benefits valued at VND 1,000,000,000 or more; or
- Property damage of VND 5,000,000,000 or more is caused.
The death-penalty change — time markers are mandatory
- Before 1 July 2025: Article 354(4) prescribed the death penalty for taking bribes.
- From 1 July 2025: Law 86/2025/QH15 (Article 1(23)) abolished the death penalty for taking bribes — one of 8 offences losing the death penalty under this Law (Articles 109, 110, 114, 194, 250, 353, 354, 421) — replacing it with “20 years’ imprisonment or life imprisonment”.
- Transition (Article 3, Law 86/2025): death sentences pronounced before 1 July 2025 for taking bribes that have not yet been executed shall not be executed; the Chief Justice of the Supreme People’s Court decides to commute them to life imprisonment.
Never write “taking bribes may be punished by death” in the present tense. Any mention of the death penalty must carry a time marker (before 1 July 2025 / from 1 July 2025) so readers do not mistake it as still applying.
Giving bribes (Article 364) — the maximum frame
Article 364(4) sets the highest frame — 12 to 20 years’ imprisonment — where the bribe is valued at VND 1,000,000,000 or more.
Two points to remember:
- Article 364 was not amended by Law 86/2025 — the text stands as consolidated in 135/VBHN-VPQH.
- Giving bribes carries no death penalty — neither before nor after the 2025 amendments. Do not infer that “giving bribes was also punishable by death”.
Quick comparison: giving vs taking
| Taking bribes (Art. 354) | Giving bribes (Art. 364) | |
|---|---|---|
| Current maximum | 20 years’ imprisonment or life imprisonment (para. 4) | 12–20 years’ imprisonment (para. 4) |
| Threshold for the maximum frame | Bribe ≥ VND 1 billion or property damage ≥ VND 5 billion | Bribe ≥ VND 1 billion |
| Death penalty | Abolished 1 July 2025 (existed before) | Never existed |
| Most recent amendment | Law 86/2025 (Art. 1(23)) | Not amended by 86/2025 |
Supplementary penalties (verified current version)
- Article 354(5) (amended by Law 86/2025): prohibition from holding certain positions for 1–5 years; possible fine of VND 60–200 million; confiscation of part or all of the assets.
- Article 364(5): possible fine of VND 10–50 million.
The lower frames in context
- Article 354 has 4 main frames: para. 1: 2–7 years; para. 2: 7–15 years; para. 3: 15–20 years; para. 4: 20 years or life imprisonment.
- Article 364 has 4 frames: para. 1: fine of VND 20–200 million, non-custodial reform up to 3 years, or 6 months–3 years’ imprisonment; para. 2: 2–7 years; para. 3: 7–12 years; para. 4: 12–20 years.
For detailed thresholds of each frame, consult consolidated text 135/VBHN-VPQH directly; do not take figures from secondary sources not updated for Law 86/2025.
Frequently asked questions
Does taking bribes still carry the death penalty?
No. From 1 July 2025, Law 86/2025 abolished the death penalty for taking bribes (one of 8 offences), replacing it with “20 years’ imprisonment or life imprisonment”. Before 1 July 2025, Article 354(4) did prescribe the death penalty.
What is the maximum for giving bribes?
12–20 years’ imprisonment (Article 364(4)), where the bribe is valued at VND 1 billion or more. This offence has never carried the death penalty.
What about death sentences for taking bribes pronounced before 1 July 2025?
Under Article 3 of Law 86/2025: if not yet executed, they shall not be executed; the Chief Justice of the Supreme People’s Court decides to commute them to life imprisonment.
Sources
- Penal Code — consolidated text 135/VBHN-VPQH (5 September 2025): Articles 354, 364; in force at the time of writing (14 October 2026).
- Law 86/2025/QH15 (25 June 2025), effective 1 July 2025: Article 1(23) (amended Article 354(4) and (5) — abolished the death penalty, replaced with “20 years’ imprisonment or life imprisonment”); Article 3 (transition).
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This article is for general reference only based on the laws in force at the time of writing (14 October 2026) and does not constitute legal advice for any specific case.
Transparency note: This article was drafted by FLAT Law Firm’s AI content production system and is undergoing internal review (AI Legal Council QA and owner approval before publication). It has not been reviewed by a human lawyer.