What are penalties for abuse of position and power to embezzle property in Vietnam? What are penalties for abuse of position and power while performing public duties?
Who are considered office holders in Vietnam according to regulations?
According to Clause 2, Article 3 of the Anti-Corruption Law 2018 it is stipulated as follows:
Explanation of Terms
...
2. office holders are those who are appointed, elected, recruited, contracted, or by another form, receiving salary or not receiving salary, assigned to perform certain tasks, duties, and have certain powers while performing those tasks and duties, including:
a) Officials and public employees;
b) Officers, professional soldiers, workers, public employees in defense in agencies and units under the People's Army; officers, non-commissioned officers, professional non-commissioned officers, workers in the police force in agencies and units under the People's Public Security;
c) Representatives of state capital in enterprises;
d) Those holding managerial positions in enterprises, organizations;
đ) Other individuals assigned to perform tasks and duties, and have powers while performing those duties.
Thus, office holders are as stipulated above.
What are penalties for abuse of position and power to embezzle property in Vietnam? What are penalties for abuse of position and power while performing public duties? (Image from the Internet)
Is the abuse of position and power to embezzle property subject to criminal prosecution?
According to Article 353 of the Criminal Code 2015 (supplemented by Point r, Clause 1, Article 2 of the Law amending the Criminal Code 2017), the embezzlement is stipulated as follows:
Embezzlement
1. Any person who abuses their position and power to embezzle property under their management worth from 2,000,000 VND to less than 100,000,000 VND or less than 2,000,000 VND but under one of the following circumstances, shall be liable to imprisonment for 02 to 07 years:
a) Already disciplined for this act but still violates;
b) Already convicted of one of the crimes under Section 1, this Chapter, but has not had the conviction expunged and still violates.
2. If the crime is committed under one of the following circumstances, the offender shall be liable to imprisonment for 07 to 15 years:
a) Organized;
b) Using cunning, dangerous tricks;
c) Committed the crime twice or more;
d) Embezzled property worth from 100,000,000 VND to less than 500,000,000 VND;
đ) Embezzled money, property intended for poverty alleviation; money, allowances, privileges for people with meritorious services to the revolution; reserve funds or money, property for support, donations for areas affected by natural disasters, epidemics, or particularly difficult economic regions;
e) Caused damage to property worth from 1,000,000,000 VND to less than 3,000,000,000 VND;
g) Adversely affected the lives of officials and public employees and workers in agencies, organizations.
3. If the crime causes one of the following circumstances, the offender shall be liable to imprisonment for 15 to 20 years:
a) Embezzling property worth from 500,000,000 VND to less than 1,000,000,000 VND;
b) Causing damage to property worth from 3,000,000,000 VND to less than 5,000,000,000 VND;
c) Adversely affecting security, order, and social safety;
d) Leading to bankruptcy or cessation of operations of another enterprise or organization.
4. If the crime causes one of the following circumstances, the offender shall be liable to imprisonment for 20 years, life imprisonment, or the death penalty:
a) Embezzling property worth 1,000,000,000 VND or more;
b) Causing damage to property worth 5,000,000,000 VND or more.
5. The offender shall also be banned from holding certain positions for 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and have part or all of their property confiscated.
6. office holders in non-state enterprises and organizations who embezzle property shall be dealt with according to the provisions of this Article.
Thus, according to regulations, an individual who commits the Embezzlement may face criminal prosecution with penalties up to the death penalty.
Additionally, the offender may also be banned from holding certain positions for up to 05 years, subjected to administrative fines up to 100,000,000 VND, and have part or all of their property confiscated. office holders in non-state enterprises and organizations who embezzle property shall be dealt with according to this Article.
What are the penalties for persons abusing their position and power while performing public duties in Vietnam?
According to Article 356 of the Criminal Code 2015 (supplemented by Point s, Clause 1, Article 2 of the Law amending the Criminal Code 2017) it is stipulated as follows:
Crime of Abuse of Position and Power While Performing Public Duties
1. Any person who for personal gain or other personal motives abuses their position and power contrary to public duties causing damage to property from 10,000,000 VND to less than 200,000,000 VND or causing other harm to the interests of the State, legal rights, and interests of organizations, individuals, shall be liable to non-custodial reform for up to 03 years or imprisonment for 01 to 05 years.
2. If the crime is committed under one of the following circumstances, the offender shall be liable to imprisonment for 05 to 10 years:
a) Organized;
b) Committed the crime twice or more;
c) Caused damage to property from 200,000,000 VND to less than 1,000,000,000 VND.
3. If the crime causes damage to property of 1,000,000,000 VND or more, the offender shall be liable to imprisonment for 10 to 15 years.
4. The offender shall also be banned from holding certain positions for 01 to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.
Thus, according to regulations, an individual abusing their position and power while performing public duties is subject to the following penalties:
- First frame: Non-custodial reform for up to 03 years or imprisonment for 01 to 05 years for individuals who for personal gain or other personal motives abuse their position and power contrary to public duties causing damage to property from 10,000,000 VND to less than 200,000,000 VND or causing other harm to the interests of the State, legal rights, and interests of organizations, individuals.
- Second frame: Imprisonment for 05 to 10 years in cases of:
+ Organized;
+ Committed the crime twice or more;
+ Caused damage to property from 200,000,000 VND to less than 1,000,000,000 VND.
- Third frame: Imprisonment for 10 to 15 years when the crime causes damage to property of 1,000,000,000 VND or more.
Additionally, the offender may also be banned from holding certain positions for up to 05 years, and subjected to administrative fines up to 100,000,000 VND.
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