Differentiate between the crime of Abuse of trust to appropriate property and the crime of Property embezzlement in Vietnam

CREDIT Abuse of Credibility Appropriating Property

(Article 175 of the Criminal Code 2015 of Vietnam as amended in 2017)

CRISIS of embezzlement of property

(Article 353 of the Criminal Code 2015 of Vietnam as amended in 2017)

ORGANIZER

Person who has full capacity for penal liability and is old enough to bear penal liability.

Persons with positions and powers, at the same time, must be responsible for managing the appropriated property.

SUBJECTS OF IMPACT

The appropriated property is managed by someone else, it may be the property of the State.

The property appropriated is managed by the offender himself.

SIGNS OF Criminology

Taking advantage of the trust of others to borrow, borrow, rent the property or intimidate property owners to force them to hand over the property. Then, using deceitful tricks, fleeing, and appropriating property for illegal purposes.

Taking advantage of positions and powers to appropriate or exchange assets under their management into personal assets, losing a certain amount of property of the state or agencies or organizations under their management.

PENALTY LEVEL

- Basic penalty frame: non-custodial reform for up to 03 years of imprisonment from 06 months to 03 years.

- Maximum penalty: imprisonment from 12 to 20 years.

The offenders may also be subject to a fine of between VND 10 million and VND 100 million, a ban from holding certain posts, practicing certain occupations, doing certain jobs for one to five years, or having part or all of their property confiscated.

- Basic penalty frame: imprisonment from 02 years to 07 years

- Maximum penalty: imprisonment of 20 years, life imprisonment, or death

- Offenders are also banned from holding certain posts from 01 to 05 years year, may be subject to a fine of between VND 30 million and VND 100 million, partial or full confiscation of assets.