Decree No. 223 stipulates punishments for bribery offenses involving public officials, including hard labor sentences ranging from five to twenty years and a fine equal to twice the value of the bribe. The offender may also have part of their property confiscated. The decree also provides for exemption from criminal liability for those who voluntarily report and prove that they were coerced into giving bribes.
适用范围
Public officials, government employees, administrative committees at all levels, agencies elected by the people, military personnel, and individuals responsible for public duties
要点
- Those who give bribes to public officials are subject to hard labor sentences ranging from five to twenty years (Article 1)
- Public officials receiving bribes are subject to hard labor sentences ranging from five to twenty years and a fine equal to twice the value of the bribe, with confiscation of the bribe (Article 1)
- Those who give bribes may be exempted from criminal liability if they voluntarily report and prove that they were coerced into giving bribes (Article 2)
- Accomplices and accessories are subject to the same penalties as principal offenders (Article 1)
- Offenders may have up to three-quarters of their property confiscated (Article 1)
🌐 本文件的社会影响
- Strengthening discipline in public service, preventing acts of corruption
- Encouraging citizens to report bribery offenses
- Legal consequences for those who commit bribery offenses
❓ 常见问题
In what circumstances can a person giving bribes be exempted from criminal liability?
When they voluntarily report the act of giving bribes and prove that they were coerced or under duress (Article 2)
What is the maximum hard labor sentence for receiving bribes?
The maximum is twenty years of hard labor (Article 1)
全文
DECREE-LAW
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
NUMBER 223 DATED NOVEMBER 27, 1946
THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to the proposal of the Ministry of Justice,
After consulting with the Standing Committee of the National Assembly and after the Council of Ministers has agreed,
ENACTS:
Article 1
The crime of offering a bribe to an official, the crime of an official accepting a bribe, or forcing labor, or embezzling public funds or property of citizens shall be punished with hard labor for five to twenty years and a fine equal to twice the value of the bribe, forced labor, or embezzlement.
The objects of bribery shall be confiscated for public use.
In addition, the offender may also be subject to confiscation of up to three-quarters of their property.
Accomplices and accessories shall be punished in the same manner.
Article 2
A person who offers a bribe to an official and voluntarily reports this act to the authorities, proving that they were coerced into offering the bribe by the official or threatened with harm, is exempt from all penalties. In such cases, the objects of bribery shall be returned.
Article 3
For the crimes mentioned above, "official" includes employees in the Government, administrative committees at various levels, agencies elected by the people, and military personnel as well as any person responsible for a public duty.
Article 4
All existing laws that conflict with this Decree-Law are hereby abolished.
Article 5
The Minister of Justice is entrusted with implementing this Decree-Law./.
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Ho Chi Minh (Signed)
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