Bank employees in Vietnam who abuse their power or position for appropriation of property will be sentenced to how many years’ imprisonment?

Main Content

• What are the regulations on abuse of power or position for appropriation of property in Vietnam?
• Bank employees in Vietnam who abuse their power or position for appropriation of property will be sentenced to how many years’ imprisonment?
• Distinguish between the abuse of position and power and the misuse of position and power according to the law?

What are the regulations on abuse of power or position for appropriation of property in Vietnam?

Pursuant to Article 355 of the 2015 Criminal Code of Vietnam (added by point r, Clause 1, Article 2 of the 2017 Law on Amendments to the Criminal Code) as follows:

Abuse of power or position for appropriation of property in Vietnam

1. Any person who abuses his/her position or power to appropriate another person's property assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 01 - 06 years' imprisonment:

a) The offender has incurred a disciplinary penalty for the same offence;

b) The offender has an unspent conviction for any of the offences specified in Section 1 of this Chapter.

2. This offence committed in any of the following circumstances carries a penalty of 06 - 13 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful or dangerous methods;

c) The offence has been committed more than once;

d) The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;

dd) The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;

e) The money or property appropriated was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas.

3. This offence committed in any of the following circumstances carries a penalty of 13 - 20 years' imprisonment:

a) The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000;

c) The offence result in bankruptcy or shutdown of another enterprise or organization;

d) The offence has a negative impact on social security, order or safety.

4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment or life imprisonment:

a) The property embezzled is assessed at ≥ VND 1,000,000,000;

b) The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

Thus, based on the nature and offence, if the offender has enough elements to constitute a crime of abuse of power or position for appropriation of property, he/she may be penalized according to the above penalty frames.

Bank employees in Vietnam who abuse their power or position for appropriation of property will be sentenced to how many years’ imprisonment?

Bank employees in Vietnam who abuse their power or position for appropriation of property will be sentenced to how many years’ imprisonment?

Pursuant to the provisions of Clause 4, Article 355 of the 2015 Criminal Code of Vietnam stipulating as follows:

Abuse of power or position for appropriation of property

...

2. This offence committed in any of the following circumstances carries a penalty of 06 - 13 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful or dangerous methods;

c) The offence has been committed more than once;

d) The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;

dd) The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;

e) The money or property appropriated was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas.

3. This offence committed in any of the following circumstances carries a penalty of 13 - 20 years' imprisonment:

a) The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000;

c) The offence result in bankruptcy or shutdown of another enterprise or organization;

d) The offence has a negative impact on social security, order or safety.

4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment or life imprisonment:

a) The property embezzled is assessed at ≥ VND 1,000,000,000;

b) The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

...

Thus, in case a bank employee commits fraud and forge signatures to appropriate more than VND 55 billion and has all the elements that constitute the crime of abuse of power or position for appropriation of property, he or she may be liable to criminal prosecution of 20 years' imprisonment or life imprisonment.

Distinguish between the abuse of position and power and the misuse of position and power according to the law?

Pursuant to Resolution No. 03/2020/NQ-HDTP and tthe 2015 Criminal Code of Vietnam, abuse of position and power and misuse of position and power are distinguished as follows: