How much is the fine for selling fake train tickets in Vietnam? Shall the person who commits the act of selling fake train tickets with the illegal profit reaped over VND 60,000,000 face a penalty of imprisonment?
How much is the fine for selling fake train tickets in Vietnam?
According to Clause 1, Clause 2 and Clause 3, Article 72 of Decree 100/2019/ND-CP stipulating the penalties for selling train tickets against the law as follows:
Penalties for using fake train tickets and selling train tickets against the law
1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for using fake tickets on the train.
2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon any person:
a) Any ticketing staff of a train station, ticket agent, or on the train who sells tickets against the law;
b) Any person who trades in tickets to earn illicit profits.
3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:
a) Transporting fake train tickets;
b) Selling fake train tickets;
c) Storing fake tickets.
Thus, according to the above regulations, the penalty for selling train tickets against the law is a fine ranging from VND 10,000,000 to VND 15,000,000 for individuals, from VND 20,000,000 to VND 30,000,000 for groups.
How much is the fine for selling fake train tickets in Vietnam? Shall the person who commits the act of selling fake train tickets with the illegal profit reaped over VND 60,000,000 face a penalty of imprisonment?
What are the additional penalties for selling fake train tickets in Vietnam?
According to Clauses 4 and 5, Article 72 of Decree 100/2019/ND-CP, additional penalties for use of fake train tickets and illegal sale of train tickets are as follows:
Penalties for using fake train tickets and selling train tickets against the law
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4. Apart from incurring fines, the violator shall also incur the following additional penalties:
a) The violation(s) specified in Clause 1 of this Article shall lead to confiscation of fake tickets;
b) The violation(s) specified in Point b Clause 2 of this Article shall lead to total confiscation of current tickets;
c) The violation(s) specified in Clause 3 of this Article shall lead to total confiscation of fake tickets.
5. If the road infrastructure is damaged by the violations specified in Clause 2, Clause 3 of this Article, the violator shall be compelled to repair and restore the original condition apart from incurring the penalties.
Accordingly, in addition to being fined, the act of selling fake tickets will also be subject to the remedial measure of having all existing train tickets confiscated and forced to pay back the illegal profits obtained from the administrative offense.
Vietnam: Shall the person who commits the act of selling fake train tickets with illegal profit reap over VND 60,000,000 face a penalty of imprisonment?
According to Article 202 of the 2015 Criminal Code, the crime of making and selling fake stamps and tickets is as follows:
- Any person who makes or deals in fake stamps or tickets in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
+ The quantity of fake stamps or tickets without face values is from 15,000 to under 30,000 pieces;
+ The value of fake stamps or tickets having face values is from VND 50,000,000 to under VND 200,000,000;
+ The offender has incurred an administrative penalty or has an unspent conviction for the same offence;
+ The illegal profit reaped is from VND 30,000,000 to under VND 100,000,000;
- This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' imprisonment:
+ The offence is committed by an organized group;
+ The offence involves the abuse of the offender's position or power;
+ The quantity of fake stamps or tickets without face values is ≥ 30,000 pieces;
+ The value of fake stamps or tickets having face values is ≥ VND 200,000,000;
+ The illegal profit earned is ≥ VND 100,000,000;
+ Dangerous recidivism.
- The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.
Thus, when the proceeds from the sale of fake train tickets are more than VND 60 million, the person who commits the act may be examined for penal liability with a maximum prison term of 3 years in prison.
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