What is the value of stolen property subject to imprisonment penalty in Vietnam? Which authorities receive denunciations against theft of property? (Image from the Internet)
What is the value of stolen property subject to imprisonment penalty in Vietnam?
According to Article 173 of the Criminal Code 2015, amended by Clause 34, Article 1 of the Law on Amendments to the Criminal Code 2017, the provisions for theft of property are as follows:
Theft of Property
1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;
c) The offence has negative impacts on social safety, order, and security;
d) The property stolen is the primary means of livelihood of the victim and the victim's family;
dd) The property stolen is a relic.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;
d) The offender employs a deceitful method or a dangerous method to commit the offence;
dd) The offender attacks other people to escape;
e) The property stolen is national treasure;
g) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The property stolen is ≥ VND 500,000,000;
b) The offender takes advantage of a war or state of emergency to commit the offence.
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
Thus, a person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the above circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment. The offender may also be fined from 5,000,000 VND to 50,000,000 VND.
What is the value of stolen property subject to imprisonment penalty in Vietnam? Which authorities receive denunciations against theft of property? (Image from the Internet)
Which authorities receive denunciations against theft of property in Vietnam?
According to Article 145 of the Criminal Procedure Code 2015, which provides regulations on the responsibilities to receive and the authority to resolve crime reports, complaints, and denunciations, it stipulates:
Responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges
1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.
2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle denunciations, information and charge requests is given to:
a) Investigation authorities processing intra vires denunciations, information and requisitions;
b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;
c) The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.
4. The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.
The following authorities receive denunciations against theft of property in Vietnam:
- Investigation authorities;
- Units assigned to perform certain activities of investigation;
- People's Procuracies.
What are the administrative fines imposed for the theft of property ineligible for criminal prosecution in Vietnam?
According to Article 15 of Decree 144/2021/ND-CPon penalties for violations against regulations on causing damage to property of other organizations or individuals:
Article 15. Violations against regulations on causing damage to property of other organizations or individuals
1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:
a) Stealing property, intruding into residential areas, warehouses or other places under the management of another person for the purpose of theft or appropriation of property
b) Blatantly appropriating property;
c) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so.
d) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then fails to repay loan or return property and uses it for illegal purposes which result in the offender's inability to repay the loan or return the property
dd) Negligence that results in damage to property of the State, authorities, organizations and enterprises.
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;”.
b) Using deception or creating circumstances to force another person into giving money or property;
c) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;
d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;
dd) Using, buying, selling, mortgaging, illegally pledging or impounding property of another person;
e) Extorting property without bringing criminal prosecution
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.
b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
a) Enforced return of benefits illegally obtained from the commission of the violation in Points c, d and dd Clause 2 of this Article;”.
b) Mandatory return of the illegally appropriated property in case of commission of the violations in Points dd and e Clause 2 of this Decree."
c) Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of this Article.
Thus, a person who steals another person's property but is ineligible for criminal prosecution can be fined from 2,000,000 VND to 3,000,000 VND and may have the exhibits confiscated. If a foreign individual commits theft in Vietnam, he/she will be expelled.
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