Penalty framework for the crime of taking advantage of position and power to influence others for personal gain

Article 358 of the 2015 Penal Code stipulates the crime of taking advantage of one's position or power to influence others for personal gain, as follows:

1. Anyone who takes advantage of his or her position or power to directly or through an intermediary demand, receive or will receive any of the following benefits in any form to use his or her influence to urge a person with a position or power to do or not do something that is within his or her responsibility or directly related to his or her work or to do something that is not allowed to be done, shall be sentenced to imprisonment from 1 to 6 years:

a) Money, property or other material benefits worth from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but having been disciplined for this act but still violating;

b) Intangible benefits.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 6 to 13 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Money, property or other material benefits worth from VND 100,000,000 to under VND 500,000,000;

d) Causing property damage from 1,000,000,000 to under 3,000,000,000 VND.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 13 to 20 years:

a) Money, property or other material benefits worth from VND 500,000,000 to under VND 1,000,000,000;

b) Causing property damage from VND 3,000,000,000 to under VND 5,000,000,000.

4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment or life imprisonment:

a) Money, property or other material benefits worth VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender is also banned from holding certain positions from 1 to 5 years and may be fined from 30,000,000 VND to 100,000,000 VND.