Vietnam: The latest 2023 Property Misappropriation Fraud Complaint Form? How is fraudulent misappropriation of property administratively sanctioned?
What is the latest 2023 Property Misappropriation Fraud Complaint Form in Vietnam?
According to the current regulations, there is no provision for a certain form of allegation of misappropriation fraud.
However, pursuant to Clause 1, Article 23 of the Law on Denunciation in Vietnam 2018 stipulates as follows:
Article 23. Receipt of denunciations in Vietnam
1. In the cases where a denunciation is made using a form, the denunciation form shall specify date of denunciation; full name and address of the denouncer, methods of contacting the denouncer; denounced violations against the law; denounced party and other relevant authority. In the cases where multiple denouncers make a denunciation, the denunciation form shall specify denouncers' full name, address and method of contacting each denouncer; full name of the representative of each denouncer.
The denouncer shall sign or press his/her fingerprint on the denunciation form.
…
According to the above provisions, the denunciation will have to contain the following basic contents:
- Date, month, year of denunciation
- Full name and address of the whistleblower, how to contact the whistleblower;
- The alleged violation of the law;
- The accused person and other relevant information.
- In case many people denounce the same content, the denunciation must also clearly state the full name, address and method of contacting each whistleblower; full name of the person representing the whistleblowers.
The property misappropriation fraud complaint form in Vietnam can be found below:
Download the Property Misappropriation Fraud Complaint Form in Vietnam: Here.
Vietnam: The latest 2023 Property Misappropriation Fraud Complaint Form? How is fraudulent misappropriation of property administratively sanctioned?
What are the regulations on the order and time limit for settling allegations of asset misappropriation fraud in Vietnam?
Pursuant to the provisions of Article 28 of the Law on Denunciation in Vietnam 2018 stipulates the procedures for settling denunciations in Vietnam as follows:
Article 28. Procedures for settling denunciations in Vietnam
1. Accept a denunciation.
2. Verify the denunciation.
3. Give a conclusion about the denunciation.
4. Handle the denunciation conclusion issued by the denunciation handler.
Accordingly, the order of settling denunciations in Vietnam is carried out through 4 steps as above.
At the same time, pursuant to the provisions of Article 30 of the Law on Denunciation in Vietnam 2018 stipulates as follows:
Article 30. Time limit for settling denunciations in Vietnam
1. A denunciation shall be settled within 30 days from the date on which it is accepted.
2. Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.
3. Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.
4. The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals.
5. The Government shall elaborate this Article.
Accordingly, the time limit for settling denunciations is not more than 30 days from the date of receipt of denunciations and may be extended.
What are the administrative sanctions for fraudulent misappropriation of property in Vietnam?
Pursuant to the provisions of Clause 1, Article 15 of Decree 144/2021/ND-CP stipulates 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.
…
According to the above regulations, fraudulent misappropriation of property may be fined from VND 2,000,000 to VND 3,000,000.
Note: This is a fine for individuals, the fine for organizations is multiplied by two (based on Clause 2 Article 4 of Decree 144/2021/ND-CP).
LawNet