Shall penalties be imposed on a person hired to destroy the property of another person in Vietnam?
What are the penalties imposed on a person hired to destroy the property of another person in Vietnam?
A person hired to destroy the property of another person is the one who directly executes the act of damaging the property of another person.
Therefore, a person destroying the property of another person will be administratively sanctioned according to point a, Clause 2 Article 15 of Decree 144/2021/ND-CP, point a, clause 3 Article 15 of Decree 144/2021/ND-CP and point c, clause 4 Article 15 of Decree 144/2021/ND-CP:
Violations against regulations on causing destroy to property of other organizations or individuals
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2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
a) Destroying or deliberately damaging property of organizations or individuals, except for violations mentioned in Point b Clause 3 Article 21 of this Decree;”.
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3. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of this Article.
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4. Remedial measures:
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c) Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of this Article.
Thus, a person destroying the property of another person will be subject to an administrative fine ranging from 3,000,000 VND to 5,000,000 VND, along with additional penalties and remedial measures. This fine applies to individuals, while organizations committing the same violation will be fined double the amount for individuals.
Additionally, a person committing property destruction can be subjected to criminal prosecution for the crime of destroying or deliberately damaging property under Article 178 of the Criminal Code 2015 (amended by clause 36 Article 1 of the Law on Amendments to the Criminal Code 2017) as follows:
- Framework 1:
Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
+ The offender incurred an administrative penalty for any of the offences specified in this Article;
+ The offender has an unspent conviction for the same offence;
+ The offence has a negative impacts on social safety, order, and security;
+ The property destroyed is the primary means of livelihood of the victim and the victim's family;
+ The property destroyed is a souvenir or relic.
- Framework 2: This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
+ The offence is committed by an organized group;
+ The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;
+ The property destroyed is national treasure;
+ The offence is committed using a flammable substance or other dangerous methods;
+ The offence is committed to conceal another crime;
+ The offence is committed because of the victim's official duties;
+ Dangerous recidivism.
- Framework 3: If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.
- Framework 4: If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.
Additionally, the offender may be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions, or doing certain jobs from 1 to 5 years.
Thus, a person who destroys or deliberately damages the property of others can bear criminal liability with a maximum penalty of up to 20 years' imprisonment.
Shall penalties be imposed on a person hired to destroy the property of another person in Vietnam?
Is a person destroying the property of others in Vietnam liable to compensate for damages?
According to Article 584 of the Civil Code 2015, it provides:
Grounds giving rise to liability to compensate for damage
1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.
Thus, any person deliberately damaging and destroying the property of others, in addition to facing administrative and criminal penalties as stipulated, must also compensate for the damages caused to the property of the aggrieved party as regulated.
Is a person hiring another person to destroy property considered an accomplice in case of criminal prosecution in Vietnam?
Pursuant to Article 17 of the Criminal Code 2015:
Complicity
1. Complicity is a situation in which two or more people deliberately commit the same crime.
2. Organized crime is a form of complicity in which the accomplices cooperate closely in committing the crime.
3. An accomplice means an organizer, perpetrator, instigator or abettor.
Perpetrator means the person who directly commits the crime.
Organizer means the mastermind behind the commission of the crime.
Instigator means the person entice or encourage other people to commit the crime.
Helper means the person who provides spiritual or material assistance in the commission of the crime.
4. The accomplice shall not take criminal responsibility for unjustified force used by the perpetrator.
It is not only the person directly destroying property but also the hirer may be criminally prosecuted as an accomplice.
Thus, in the act of hiring someone to destroy property, both the hirer and the hired person may be criminally prosecuted.
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