Compilation of judgments on acts of deliberate destruction of property (setting fire to others' houses) in Vietnam

Hello, Lawnet would like to address as follows:

What are penalties for setting fire to someone else's house in Vietnam?

According to Vietnamese law, the handling of the act of setting fire to someone else's house depends on the nature and severity of the violation. The offender could be subjected to administrative penalties or criminal prosecution. To be specific:

Administrative Penalties:

According to Clause 2, Article 15 of ND-CP 144/2021, individuals who intentionally destroy or damage the property of others (specifically acts of arson) may be fined between 3 million VND to 5 million VND. Additionally, the violator will have their possessions and means used for the arson confiscated and will be required to restore the original state of the damaged property.

Criminal Prosecution:

If the act constitutes a crime, the violator will be prosecuted under Article 178 of the Vietnamese Criminal Code 2015 (as amended in 2017):

- Individuals who destroy or intentionally damage others' property valued between 2,000,000 VND and under 50,000,000 VND, or under 2,000,000 VND but under the following circumstances, may be fined between 10,000,000 VND to 50,000,000 VND, sentenced to community sentence for up to 3 years, or jailed between 6 months to 3 years for acts such as:

+ Having been administratively penalized for similar acts but continue to violate;

+ Having been convicted of this crime, not yet expunged, but continue to violate;

+ Causing adverse effects on public security, order, and safety;

+ Damaging the primary means of livelihood of the victim and their family;

+ Damaging relics or antiquities.

- Violations under the following circumstances shall result in imprisonment from 2 years to 7 years:

+ Organized crime;

+ Causing damage to property worth between 50,000,000 VND and under 200,000,000 VND;

+ Damaging national treasures;

+ Using flammable, explosive substances or other dangerous means;

+ To conceal another crime;

+ Due to the victim's duties;

+ Dangerous recidivism.

- Violations causing property damage valued between 200,000,000 VND and under 500,000,000 VND shall result in imprisonment from 5 years to 10 years.

- Violations causing property damage valued at 500,000,000 VND or more shall result in imprisonment from 10 years to 20 years.

- Additional penalties: The violator may also be fined between 10,000,000 VND and 100,000,000 VND, prohibited from holding certain posts, practicing certain professions, or performing certain jobs from 1 year to 5 years.

Thus, for arson against others' houses, the violator may face up to 20 years in prison if the property damaged in the fire is valued at 500,000,000 VND or more.

Additionally, depending on the criminal intent and actual circumstances, the violator could be prosecuted for other crimes such as intentional infliction of corporal injury (Article 134 of the Vietnamese Criminal Code 2015) (as amended in 2017); murder (Article 123 of the Vietnamese Criminal Code 2015).

2. What are judgments on the act of arson against others' houses in Vietnam?

Judgment on the crime of property destruction No. 21/2022/HS-PT

Level of adjudication: Appeal

Adjudicating body: People's Court of Can Tho City

Excerpt of content: On September 29, 2020, N arranged for H to come at 10 PM to set Mr. H's house on fire. N purchased a 10-liter can of gasoline and a torch, brought them to X's house to ignite it later. At the scheduled time, H brought a lighter and rode a motorcycle to pick up N at X's house. H drove while N carried the gasoline can and guided H to Mr. H's house. At about midnight, September 30, 2020, H climbed over the fence into the house premises, while N stood outside passing the gasoline can to H. H opened the can, laid it on the floor to let the gasoline spill out, then lit the torch and threw it into the gasoline spill. Seeing the fire flare up, H climbed over the fence, got on the motorcycle with N, and left the scene.

Judgment on the crime of property destruction No. 02/2019/HS-ST

Level of adjudication: First Instance

Adjudicating body: People's Court of Bao Lac District, Cao Bang Province

Excerpt of content: On August 27, 2018, upon arriving home, A took a 10-liter can containing oil and poured it over the corn hanging in the attic, then used a lighter to set the corn on fire. At that moment, Hoang Mui P, A’s daughter-in-law, who was nearby, saw the fire and used her shirt to put out the flames but was scolded and driven out of the house by A. After P left, A continued to take another 10-liter yellow can, containing about 2 liters of oil, poured 1 liter onto the bedding in his and his wife's bedroom, then used a gas lighter to set it on fire. Panicking as the fire increased, A ran into the forest to hide. Villagers came to extinguish the fire, but the house was almost completely burned down.

Judgment on the crime of property destruction No. 15/2020/HS-ST

Level of adjudication: First Instance

Adjudicating body: People's Court of Nam Giang District, Quang Nam Province

Excerpt of content: On June 2, 2020, after drinking alone, Zoram D found his wife and children absent at home. Suspecting his wife of having an affair with Mr. Zoram H, D rode his motorcycle to Mr. H's house to look for her. Upon reaching Mr. H's house and not finding him home, D angrily used his personal lighter (which he usually used for smoking) to set Mr. H's kitchen on fire. After the arson, D declared to others nearby, "Tonight, I’ll burn H’s house, tomorrow I’ll burn H2’s house, what can you do about it?" before fleeing. Neighbor Zoram D, 20 meters away, heard his proclamation and soon saw Mr. H's house on fire. She raised the alarm, calling villagers to help extinguish the fire and report to the local police. The outcome was the complete burning of Mr. Zoram H's kitchen and partial smoke damage to the main house.

Judgment on the crime of property destruction No. 24/2022/HS-ST

Level of adjudication: First Instance

Adjudicating body: People's Court of L District, Hau Giang Province

Excerpt of content: On February 6, 2022, Vo Van D went drinking with some friends near his house. During their drinking session, Mrs. Dang Thi T (D’s wife) called to inform him about guests at home, requesting him to return. D brought his friends home where they had 2-3 cans of beer each. Subsequently, D drove to T (L commune) for further drinking. Around 2 PM, D returned home and had a verbal quarrel with Mrs. Nguyen Thi T (D's mother-in-law). After she left, D and his wife continued arguing, prompting D to say, "I’ll burn this house, if I can't live here, no one can," and his wife challenged him to do so. In a fit of anger, D descended to the kitchen, grabbed some dry coconut leaves, lit them on the gas stove, and intentionally set fire to the house's walls. Within 15 minutes, the entire house and its contents were engulfed in flames.

Regards!

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