What is the penalty for using a fake diploma? In case of buying a fake diploma but not using it, will the offender be prosecuted for criminal liability?
What is a fake diploma in Vietnam?
Currently, the Vietnamese law has no regulations defining or giving the concept of fake diplomas.
However, in the common sense, a fake diploma will be a degree, credit or certificate that is used by organizations and individuals using technologies and techniques to create a simulation like a real diploma issued and certified by competent organizations and agencies according to regulations.
Normally, individuals often use fake degrees and certificates for the purpose of adding to the composition of their resumes, recruitment, and exams at enterprises, agencies, and state units.
What is the penalty for using a fake diploma? In case of buying a fake diploma but not using it, will the offender be prosecuted for criminal liability?
What is the administrative penalty for using a fake diploma in Vietnam?
Pursuant to Article 17 of Decree 79/2015/ND-CP of Vietnam stipulating as follows:
Violations against regulations on use and publishing of information about issuance of vocational education qualifications
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to update and publish information about issuance of vocational education qualifications on the website or at the headquarter, campuses of the vocational education institution.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for allowing another person to use one’s vocational education qualification or using vocational education qualification of another person.
3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for using a vocational education qualification that is falsified but is not liable to criminal prosecution.
4. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for buying, selling, using forged vocational education qualifications that is not liable to criminal prosecution.
5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for forging vocational education qualifications that is not liable to criminal prosecution.
6. Additional penalties: Exhibits of violations shall be confiscated if any of the violations mentioned in Clause 3, Clause 4, and Clause 5 of this Article is committed.
7. Remedial measures: Return the vocational education qualification to its owner if any of the violations mentioned in Clause 2 of this Article is committed.
Pursuant to Article 4 of Decree 79/2015/ND-CP of Vietnam stipulating as follows:
Fines incurred by individuals and organizations
1. The maximum fine for a violation against regulations on vocational education incurred by an individual is VND 75,000,000; that incurred by an organization is VND 150,000,000.
2. The fines in Chapter II of this Decree are applied to organizations, except for those in Clause 1 and Clause 2 Article 8; Clause 1, Points a, b, c, d, D Clause 2, Clause 3, Clause 4 and Clause 5 Article 15; Clauses 2, 3, 4 and 5 Article 17; Clause 1 Article 24; Clauses 1, 2 and 6 Article 25; Clause 1, Clause 2, Point a Clause 4 Article 26 of this Decree, which are applied to individuals.
The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.
3. The maximum fines imposed by the persons mentioned in Chapter III of this Decree are incurred by individuals; the maximum fines they may impose upon organizations are twice as much as the fines incurred by individuals.
According to the above regulations, individuals using fake degrees or fake certificates will be administratively penalized from VND 7,000,000 to VND 10,000,000.
In addition to administrative penalties, individuals using fake diplomas will also be additionally penalized in the form of confiscation of fake diplomas and fake certificates.
In case of buying a fake diploma but not using it, will the offender be prosecuted for criminal liability?
Pursuant to Article 341 of the 2015 Criminal Code of Vietnam as amended by Clause 126, Article 1 of the 2017 Law on amendments to Criminal Code of Vietnam providing as follows:
Fabricating an organization's seal or documents and use thereof
1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves 02 - 05 fabricated seals or documents;
d) The fabricated seal or document is used to commit a less serious crime or a serious crime;
dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence involves ≥ 06 fabricated seals or documents;
b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;
c) The illegal profit earned is ≥ VND 50,000,000
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
According to the above provisions, individuals will only be prosecuted for criminal liability when buying a fake diploma and using a fake diploma to commit illegal acts.
In case, individuals have bought fake diplomas but have not used such fake diplomas for illegal purposes, there will not be enough grounds for criminal prosecution. In this case, the individual will only be administratively penalized according to the content mentioned above.
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