Short answer: YES. A person holding a position or power at a state-owned enterprise (SOE) who accepts bribes is prosecuted under Article 354 of the Penal Code. The subject of bribe-acceptance is not limited to state cadres and civil servants — Article 354(6) extends to persons holding positions or power in non-state enterprises and organizations as well. The death penalty for accepting bribes was abolished effective 1 July 2025.
Terminology used in this article: “person holding a position or power at an SOE” — following the statute’s own wording. The law does not list a defined term “SOE officer” in Article 354; the scope below is derived from Clauses 1 + 6, not a statutory definition.
1. The subject of bribe-acceptance (Clause 1)
“A person who abuses their position or power, directly or through an intermediary, to receive or to receive any benefit… for themselves or for another person or organization, in order to do or not do something for the benefit or at the request of the bribe-giver.”
A person holding a position or power at an SOE — director, deputy director, chief accountant, department head, or anyone with decision-making authority in an SOE — is a “person holding a position or power” within the meaning of Clause 1.
2. Extended scope: even the non-state sector (Clause 6)
Article 354(6):
“A person holding a position or power in non-state enterprises or organizations who accepts bribes shall be dealt with under this Article.”
If the statute already extends to non-state enterprises and organizations, then a person holding a position or power at an SOE — a sector more closely tied to the State — naturally falls within the provision’s scope. This is the scope of application derived from Clauses 1 + 6, not a listed statutory definition (the law does not name “SOE officers” as such).
3. Current penalty frames (no more death penalty)
| Clause | Circumstances | Penalty |
|---|---|---|
| Clause 1 | Money/property/material benefit of VND 2,000,000 to under VND 100,000,000, or non-material benefit (below VND 2 million still a crime if already disciplined or convicted of a corruption offence and re-offending) | 2–7 years’ imprisonment |
| Clause 2 | Organized; abusing position or power; bribe of VND 100 million to under VND 500 million; soliciting bribes or harassment; knowing the bribe is State property; repeat offence… | 7–15 years’ imprisonment |
| Clause 3 | Bribe of VND 500 million to under VND 1 billion; damage of VND 3 billion to under VND 5 billion (full text should be checked against VBHN 135) | 15–20 years’ imprisonment |
| Clause 4 | Bribe of VND 1,000,000,000 or more, or damage of VND 5,000,000,000 or more | 20 years’ imprisonment or life imprisonment |
The death penalty for accepting bribes was abolished effective 1 July 2025 (Law 86/2025/QH15, Clause 23 of Article 1).
4. Supplementary penalties (Clause 5)
Ban from holding certain positions for 1 to 5 years, possible fine of VND 60–200 million, confiscation of part or all of the property.
FAQ
Q: A procurement manager of a state-owned corporation took a VND 30 million “commission” from a contractor — is that bribe-acceptance?
A: Potentially yes — a person holding a position or power at an SOE who receives a benefit to act or refrain from acting for the giver’s benefit falls under Article 354(1) (threshold from VND 2 million).
Q: Is a person holding a position in a private company who accepts bribes punished like a state officer?
A: Yes — under Article 354(6), a person holding a position or power in a non-state enterprise or organization who accepts bribes is dealt with under Article 354, with the same penalty frames.
Q: Does bribe-acceptance still carry the death penalty?
A: No — the death penalty was abolished for bribe-acceptance effective 1 July 2025; the current maximum frame is 20 years’ imprisonment or life imprisonment.
Legal sources
- Penal Code — Consolidated Document 135/VBHN-VPQH dated 5 September 2025 (Article 354) — thuvienphapluat.vn
- Law No. 86/2025/QH15 dated 25 June 2025, effective 1 July 2025 (Clause 23 of Article 1: abolished the death penalty for accepting bribes)
This article is for general information only and does not constitute legal advice. Content is pending review by FLAT Law Firm lawyers before publication.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
