What is property destruction? When will a person who destroys property face criminal prosecution in Vietnam?
What is property destruction in Vietnam?
According to Article 178 of the Criminal Code 2015 (amended by Clause 36 Article 1 of the Law amending the Criminal Code 2017) which stipulates "Deliberate destruction of property". Property destruction can be understood as the act of destroying or intentionally damaging another person's property, causing the property to be damaged, reduced in value, or rendered useless; the destroyed property is difficult to restore to its original state.
Destroying another person’s property can be carried out in many different forms. Depending on the severity of the violation, it can be handled according to the provisions of the law.
What is property destruction? At what value will a person who destroys property be held criminally responsible? (Image from the Internet)
When will a person who destroys property face criminal prosecution in Vietnam?
According to Article 178 of the Criminal Code 2015 (amended by Clause 36 Article 1 of the Law amending the Criminal Code 2017), the offense of property destruction is stipulated as follows:
Deliberate destruction of property
1. Anyone who destroys or intentionally damages another person's property valued from 2,000,000 VND to under 50,000,000 VND, or under 2,000,000 VND but in one of the following circumstances, shall be fined from 10,000,000 VND to 50,000,000 VND, subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:
a) Having been administratively sanctioned for one of the acts specified in this Article but still committing violations;
b) Having been convicted of this crime and not yet having their criminal record expunged but still committing violations;
c) Negatively affecting security, order, or social safety;
d) The property is the main means of livelihood of the victim and their family;
đ) The property is an artifact or antiquity.
2. Committing the crime in one of the following cases, the offender shall be imprisoned from 2 years to 7 years:
a) In an organized manner;
b) Causing damage to property valued from 50,000,000 VND to under 200,000,000 VND;
c) The property is a national treasure;
d) Using dangerous substances like fire, explosives, or other dangerous methods;
dd) To conceal another crime;
e) Due to the victim’s official duties;
g) Dangerous recidivism.
3. Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND, the offender shall be imprisoned from 5 years to 10 years.
a) Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND;
b) Causing damage to property valued from 50,000,000 VND to under 200,000,000 VND but in one of the circumstances specified in Points a, b, c, and d of Clause 1 of this Article.
4. Causing damage to property valued at 500,000,000 VND or more, the offender shall be imprisoned from 10 years to 20 years.
a) Causing damage to property valued at 500,000,000 VND or more;
b) Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND but in one of the circumstances specified in Points a, b, c, and d of Clause 1 of this Article.
5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, practicing certain professions, or doing certain jobs for 1 to 5 years.
The offender who destroys or intentionally damages property may be punished according to the following penalties:
- First level:
A fine from 10,000,000 VND to 50,000,000 VND, non-custodial reform up to 03 years, or imprisonment from 06 months to 03 years for anyone who destroys or intentionally damages another person's property valued from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but in one of the following cases:
+ Having been administratively sanctioned for one of the acts specified in this Article but still committing violations;
+ Having been convicted of this crime and not yet having their criminal record expunged but still committing violations;
+ Negatively affecting security, order, or social safety;
+ The property is the main means of livelihood of the victim and their family;
+ The property is an artifact or antiquity.
- Second level:
Imprisonment from 02 years to 07 years for the offender in one of the following circumstances:
+ Organized manner;
+ Causing damage to property valued from 50,000,000 VND to under 200,000,000 VND;
+ The property is a national treasure;
+ Using dangerous substances like fire, explosives, or other dangerous methods;
+ To conceal another crime;
+ Due to the victim’s official duties;
+ Dangerous recidivism.
- Third level: Imprisonment from 05 years to 10 years for offenders causing damage to property valued from 200,000,000 VND to under 500,000,000 VND
- Fourth level:
Imprisonment from 10 years to 20 years for offenders causing damage to property valued at 500,000,000 VND or more
+ Causing damage to property valued at 500,000,000 VND or more;
+ Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND but in one of the circumstances specified in Points a, b, c, and d of Clause 1 of this Article.
In addition, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, practicing certain professions, or doing certain jobs for 1 to 5 years.
Thus, anyone who destroys or intentionally damages another person's property valued from 2,000,000 VND or more, or under 2,000,000 VND but in one of the circumstances specified in Clause 1, Article 178, Criminal Code (amended in Clause 36, Article 1 of the Law amending the Criminal Code 2017), may be held criminally responsible.
Does the person who destroys another’s property have to compensate for the damages?
According to Article 589 of the Civil Code 2015 which stipulates for damages caused by infringement upon property, it states:
Damages caused by infringement upon property
Damages caused by infringement upon property include:
1. Property lost, destroyed, or damaged.
2. Benefits associated with the usage, exploitation of the property lost or reduced.
3. Reasonable costs incurred to prevent, limit, and remedy the damage.
4. Other damages as provided by law.
Thus, according to the regulations, anyone who destroys or intentionally damages another person's property must be responsible for compensating for the damages caused by their actions.
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