Lawyer: Parents who buy grades for their children can be prosecuted for bribery

In early April, after 9 months of investigating the 2018 National High School Exam cheating case, out of 222 candidates in the three provinces of Ha Giang, Hoa Binh, and Son La whose scores were raised, the Department of Training (Ministry of Public Security) returned more than 50 people studying at police schools to their localities.

As of April 17, authorities have prosecuted 16 cases of those directly involved in cheating on exam scores, including education officials and police officers from the three provinces of Ha Giang, Hoa Binh, and Son La. However, there is currently no information on how those who bought scores will be prosecuted.

According to lawyer Dang Van Cuong, parents who buy grades for their children can be prosecuted for the crime.Bribery,because their actions have enough signs to constitute this crime as prescribed in Article 364 of the 2015 Penal Code. Specifically, anyone who directly or through an intermediary has given or will give to a person with a position, authority or another person or organization any benefit such as money, property, or other material benefits will commit a crime.Bribery.

If a briber gives VND2-100 million or non-material benefits to a person in a position or authority to do or not do something for the benefit or at the request of the briber, the briber shall be fined VND20-200 million, sentenced to non-custodial reform for up to 3 years or imprisoned from 6 months to 3 years. The maximum penalty is up to 20 years in prison if the bribe is money, property or other material benefits worth VND1 billion or more.

Anyone who gives or will give bribes to foreign public officials, public officials of international public organizations, or people holding positions in non-state enterprises or organizations shall also be handled according to the provisions of this article.

However, if the bribe giver proactively reports before being discovered, he or she may be exempted from criminal liability and have part or all of the bribe given returned.

Lawyer Cuong said that bribery is carried out through an agreement between the bribe giver and the bribe receiver. "If it is proven that bribery has taken place, those who have changed the scores may also be held criminally responsible for the crime."Take bribes, with the highest penalty of life imprisonment or death penalty (if the bribe is money, property or other material benefits worth 1 billion VND or more)," Mr. Cuong said.