Collection of judgments on the crime of commission of fraud in performance of duties in Vietnam

1. What is commission of fraud in performance of duties? Penalties for commission of fraud in performance of duties in Vietnam

What is commission of fraud in performance of duties?

According to Article 359 of the Penal Code, the crime of commission of fraud in performance of duties is as follows:

commission of fraud in performance of duties is the act of a who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit falsifying a document; fabricating a document or issuing a fabricated document; forging an office holder's signature.

Penalties for commission of fraud in performance of duties in Vietnam

- Any person who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit any of the following acts shall face a penalty of 01 - 05 years' imprisonment:

+ Falsifying a document;

+ Fabricating a document or issuing a fabricated document;

+ Forging an office holder's signature.

- This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

+ The offence is committed by an organized group;

+ The offender is the person in charge of making or issuing documents;

+ The offence involves 02 - 05 fabricated documents.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The offence involves 05 - 10 fabricated documents;

+ The offence is meant to serve the commission of a less serious crime or serious crime.

- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

+ The offence involves ≥ 11 fabricated documents;

+ The offence is meant to serve the commission of very serious crime or extremely serious crime.

- The offender might also be liable to a fine of VND 10,000,000 - VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

2. Judgments on the crime of commission of fraud in performance of duties in Vietnam

Below are some judgments on the crime of commission of fraud in performance of duties in Vietnam:

Judgment on the crime of commission of fraud in performance of duties No. 557/2023/HS-PT

- Level of trial: Appeal

- Judicial agency: High People's Court in Ho Chi Minh City

- Quoted content: “On November 1, 2019, the Police Investigation Agency of District, organization". Doan Thanh P is the officer assigned to investigate but did not transfer the file to the District X People's Procuracy for approval according to regulations. On January 31, 2020, the Police Department of the District. In January 2021, when there was information about Dao Anh T, Doan Thanh P forged a wanted decision so that the wanted team could arrest Dao Anh T. After arresting Dao Anh T, Doan Thanh P continued to falsify the approval decisions of the People's Procuracy to temporarily detain Dao Anh T without transferring the files to the People's Procuracy. Doan Thanh P also falsified decisions to extend detention and other documents related to the detention of Dao Anh T. Thus, Doan Thanh P has committed acts of falsifying procedural decisions and documents related to the investigation and handling of Dao Anh T.”

Judgment on the crime of commission of fraud in performance of duties No. 32/2023/HS-PT

- Level of trial: Appeal

- Judicial agency: Can Tho City People's Court

- Quoted content: "From 2015-2020, defendant Phan Thi Thuy T was Vice Principal of Vocational College C, colluding with Nguyen Nhu V and Nguyen Dang Th to fake about 2,147 vocational pedagogical certificates at the elementary level. T received money from V and Th to forge these certificates for people who did not go to school or take the exam. The total amount T received was more than 1.7 billion VND. V and Th were the ones who directly received documents and money from individuals and centers and then transferred them to T for fake certificates. In addition, T also forged a certificate for Center M and received 44 million VND. Some other individuals involved were the ones who sent documents to V and Th to forge certificates. However, these individuals did not know that T, V, and Th had faked the certificates, so they were not prosecuted for criminal liability. T, V, and Th were prosecuted for the crime of "forgery of seals and documents of agencies and organizations".

Judgment on the crime of commission of fraud in performance of duties (making a fake household registration) No. 109/2022/HS-PT

- Level of trial: Appeal

- Judicial agency: People's Court of Nghe An province

- Quoted content: "Cao Van T used a fake driver's license in the name of Nguyen Van D to apply for a driving job. In July 2019, T caused an accident that killed someone while driving with a fake driver's license. To hide, T asked for a fake household registration book to match the fake driver's license but was not agreed. On September 4, 2019, T and his wife asked Nguyen Ba T and Nguyen N D to make a fake household registration book and they agreed. Forged a household registration book with the name Nguyen Van D at T's request and then had it notarized. T provided these fake documents to the investigation agency and was sentenced to 15 months of suspended imprisonment. During the execution of the sentence, the case was discovered and transferred to the investigation agency. The inspection results determined that the signature on the fake household registration book was Chu Thi N's."

Judgment on the crime of commission of fraud in performance of duties No. 361/2021/HS-PT

- Level of trial: Appeal

- Judicial agency: People's Court of Kon Tum province

- Quoted content: “From 2016–2017, defendant Huynh Van C, an officer of the N District Land Registration Office Branch, took advantage of his position and authority to forge 13 Land Use Rights Certificates. C arbitrarily updated information in the Certificate drafts, forged the signature of the Vice Chairman of the District People's Committee, then stamped and delivered it to the people. These fake land certificates were in the names of individuals that C knew or introduced to buy land. These people did not know the Certificate was fake. C used two fake land certificates to borrow money from the bank for a total of 1.7 billion VND. In addition, C also received money from a number of people to carry out procedures for granting Land Certificates. The total amount of illegal profits C earned was more than 1.8 billion VND. After the incident was discovered, C corrected the consequences."

Judgment on the crime of commission of fraud in performance of duties No. 15/2021/HS-ST

- Level of trial: First instance

- Judicial agency: People's Court of Quan Son district, Thanh Hoa province

- Quoted content: "In 2017, Tran Thi H was a collaborator of the labor export company L. H knew that Bui Thi H wanted to export labor but was too old. H agreed to falsify documents and passports with the name Luong Thi H but with Bui Thi H's photo. To do this, H asked Mr. Loc Huu T to falsify the household registration book and application for a CCCD in the name of Luong Thi H. T asked Mr. Lo Van K to falsify these documents. K followed suit because of his relationship with T. After that, H was able to get an ID card and a passport with the name Luong Thi H but with Bui Thi H's photo. In 2020, Bui Thi H was discovered using a fake passport to export labor."

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