What are the administrative penalties imposed for defrauding via phone in Vietnam? Which authorities receive denunciations against defraud via phone?
What are the current scam tactics via phone in Vietnam?
Currently, due to the development of information technology, the leakage of user information has increased significantly. Consequently, many malicious individuals exploit this to deceive others over the phone.
Common scam tactics via phone include:
- Impersonating the Police to call citizens and report violations to create pressure and confusion, demanding money for administrative penalties.
- Sending links to malicious websites. When users click on these malicious links, their banking information might be stolen.
- Impersonating banks to send messages, emails, phone calls, etc., to suggest and invite people to participate in online loan offers.
- Impersonating e-commerce platforms such as Shopee, Lazada, Sendo, and TikTok... to carry out tasks involving buying and selling orders to earn commission or working opportunities.
- Pretending to be store employees or lottery company staff, claiming that the individual has won a high-value prize in some program and, if one wants to receive the prize, they must transfer a certain amount of money for taxes or shipping fees.
- Stealing customer information through virtual phone numbers.
- Calling to inform citizens that they have a parcel from abroad and requiring them to pay taxes, fees, shipping charges, etc., into bank accounts provided by the scammers to receive the gift.
What are the administrative penalties imposed for defrauding via phone in Vietnam? Which authorities receive denunciations against defraud via phone? (Image from the Internet)
Which authorities receive denunciations against defraud via phone in Vietnam?
According to Article 145 of the Criminal Procedure Code 2015 and Article 5 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, the authorities responsible for receiving denunciations include:
- Investigation authorities;
- Units assigned to perform certain activities of investigation;
- Procuracies at all levels;
- Other agencies and organizations: commune-level police, ward police, township police, police stations; courts at all levels; press agencies, and other organizations.
Thus, victims of defraud via phone can make denunciations to the above authorities for prompt settlement.
What are the administrative penalties imposed for defrauding via phone in Vietnam?
According to Article 15 of Decree 144/2021/ND-CP, the provisions are 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
...
Individuals defrauding via phone in Vietnam for asset appropriation may face an administrative fine ranging from VND 3,000,000 to VND 5,000,000.
Note: The aforementioned fines are imposed on individuals committing administrative violations. For organizations committing the same violations, the fines are doubled according to clause 2, Article 4 of Decree 144/2021/ND-CP.
Thus, for entities defrauding via phone in Vietnam for asset appropriation from organizations, the administrative fine can reach up to VND 10,000,000.
According to clause 3, Article 15 of Decree 144/2021/ND-CP and clause 4, Article 15 of Decree 144/2021/ND-CP, the provisions are as follows:
Article 15. Violations against regulations on causing damage to property of other organizations or individuals
...
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.
Therefore, in addition to administrative fines, entities defrauding via phone in Vietnam also may face additional penalties such as confiscation of materials and exhibits used in administrative violations.
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