Vietnam: How to get money back when encountering online scams that people need to know? How not to fall into a phishing trap?
How can I get my money back when I've been scammed online in Vietnam?
Currently, online scams are happening more and more, more and more common. To be able to get back the money you were scammed on your own is quite difficult.
Therefore, in case of being scammed online, the victim should inform and report the fraud to the competent authority to be resolved.
Once you find out that you have been cheated of money, the first thing that the victim needs to do is to collect all the information such as the content of messages, phone numbers, bank accounts cheating on transfers ... to make evidence to denounce to the authorities.
After having sufficient information and evidence to prove the fraud, the victim can report this fraud to the Police of the place of residence (permanent or temporary residence) to be resolved.
When the victim wants to make a complaint to the Police, the victim should make the following specific documents:
- Police report;
- Identity card/Citizen identity card of the victim (notarized copy);
- Evidence attached to support (videos, photos, audio recordings containing the source of information of the offense ...).
In case of direct denunciation, the whistleblower also brings the People's Identity Card/Citizen Identity card and accompanying evidence for the competent authority to receive information.
Vietnam: How to get money back when encountering online scams that people need to know? How not to fall into a phishing trap?
What are the penalties for phishing according to Vietnamese regulations?
For regulations on penalties for online fraud, Article 15 of Decree 144/2021/ND-CP stipulates specific penalties as follows:
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
Note: For organizations with the same violation, the fine is 02 times the fine for individuals.
Therefore, for online money fraud, the person who commits the scam can be fined up to 10,000,000 VND.
At the same time, Article 174 of the 2015 Criminal Code (amended by Point c, Clause 3, Article 2 of the Law amending the 2017 Criminal Code) stipulates:
1. A person who uses deception to obtain 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 of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.
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 obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
d) Dangerous recidivism;
dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;
e) The offender employs deceitful methods to commit the offence;
g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
c) 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 or life imprisonment:
a) The property stolen is ≥ VND 500,000,000;
b) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
c) 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 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.
Accordingly, in addition to being administratively sanctioned, those who commit online fraud can also be examined for criminal liability.
How not to fall into a phishing trap in Vietnam?
To be able to avoid being scammed online, people should note a few points as follows:
- Be careful when sharing personal information
- Stay alert and ask yourself if things are going right.
- Temper greed with natural sums of money that have
- Actively find out information about scams
When detecting an online scam, where to report it in Vietnam?
When being scammed online, the victim denounces directly, the whistleblower also brings an Identity Card/Citizen Identity Card and accompanying evidence for the competent authority to receive information.
Victims can also report fraud through the police hotline:
- Hanoi City Police recommends that internet users can directly send links, online scam situations or suspected scams to the address:
+ Hotline 113 and Facebook page of Hanoi Police, address: https://www.facebook.com/ConganThuDo;
+ Hotline of Cyber Security department and high-tech crime prevention: 069.219.4053;
+ Address https://canhbao.ncsc.gov.vn./#!/ of Vietnam Information Security Warning Page.
- For people in Ho Chi Minh City, people can call the hotline number 08.3864.0508 to inform and report about property seizure, online fraud.
Above la some of the information we provide to you. Best regards!
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