How are acts of posting job vacancies to defraud money handled according to Vietnamese law?

LawNet would like to give answer as following:

Currently, there are many forms of fraud through online job channels, classifieds forums, recruitment groups, ... on facebook, zalo. Bad subjects post a lot of attractive job information, drawing a dream job. Although authorities and media have reported and warned about fraudulent tricks, due to the subjects constantly changing methods, tricks and grasping the psychology and needs of the victim, they have defrauded a large amount of money from many victims across the country.

For cases of posting job vacancies and then defrauding victims of money and property, the penalties shall depend on the nature and severity of the crime as follows:

- Administrative sanction:

Obtaining property by fraud shall be administratively sanctioned according to Article 15 of the Decree No. 144/2021/NĐ-CP: 

"Article 15. Violations against regulations on causing damage to property of other organizations or individuals

1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:

...

c) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so.

...

2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

...

b) Using deception or creating circumstances to force another person into giving money or property;"

According to this provision, administrative responsibility of the person committing the violation:

- Organizations: be fined from VND 6,000,000 to VND 10,000,000.

- Individuals: be fined from VND 3,000,000 to VND 6,000,000.

- Crminal responsibility:

In case of the crime "obtaining property by fraud" according to Clause 1 Article 174 of the Criminal Code 2015 (amended in 2017) of Vietnam.

Pursuant to Clause 1 Article 174 of the Criminal Code 2015 (amended in 2017) of Vietnam:

"Article 174. Obtaining property by fraud

1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim."

Therefore, if the act constitutes the crime of fraud to appropriate property, the maximum penalty frame shall be up to 12 - 20 years' imprisonment or life imprisonment might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

- Civil responsibility:

A person who commits the crime of obtaining property by fraud must also compensate the victim for the damage. Pursuant to Article 584 and 589 of the Civil Code 2015 of Vietnam:

According to this provision, a person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws. 

Moreover, in case of defrauding many people but each person is under VND 2,000,000, offenders will still be prosecuted for criminal liability for appropriation of property by fraud. Pursuant to Clause 5, Section 2 of the Joint Circular No. 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25 2001 guiding the application of a number of provisions in Chapter XIV of the Criminal Code 1999:

“5. In case a person commits the same type of property infringement many times, but each time the property value is infringed below the minimum level for criminal prosecution according to the provisions of the Criminal Code and is not one of the other cases for criminal prosecution (causing serious consequences; having been administratively sanctioned; having been convicted but not yet entitled to criminal record remission...), and at the same time, there is no such violation which has been administratively sanctioned and statute has not yet expired, if the total property value of the infringing times is equal to or above the minimum level for criminal prosecution according to the provisions of the Criminal Code, that person who repeats the same type of property infringement act must be examined for criminal liability for the corresponding crime according to the total property value of the infringing times, if:

a) Acts of infringing upon property are performed continuously, successively in terms of time.

b) The performance of acts of infringing upon property is of a professional nature, taking the property resulting from the property infringement as the main source of livelihood.

c) For the purpose of infringing upon property, but due to objective circumstances, the infringement of property must be done many times, so the value of the infringed property each time is less than VND 500,000.”

Despite the fact that the Joint Circular 02 has expired and currently there is no Resolution of the Judicial Council of the Supreme People's Court guiding this provision of the Criminal Code 2015 (amended in 2017) of Vietnam.

However, the Joint Circular 02 can be applied in case of fraud for several times, each time is less than VND 2,000,000 and has not been sanctioned for administrative violations (according to Clause 3, Section 1 of the Official Letter No. 64/TANDTC-PC dated April 03 2019 announced the results of online answers to a number of problems related to criminal, civil and administrative proceedings issued by the Supreme People's Court).

Regards!

Key word: fraud | Criminal Code 2015 of Vietnam | property | criminal responsibility | fine | money | job vacancy |

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