What are penalties for the act of theft of property in Vietnam? What are judgments on this case?

Dear Ms., lawnet would like to respond as follows:

1. What are penalties for the act of theft of property in Vietnam?

According to Article 173 of the 2015 Criminal Code (amended and supplemented in 2017) regarding the penalty framework for the crime of theft of property:

Basic penalty framework: Community sentence for up to 03 years or imprisonment from 06 months to 03 years: Anyone who steals another person's property valued from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but falls into one of the following cases:

+ Has been administratively fined for acts of property appropriation but still commits violations;

+ Has been convicted of this crime or one of the crimes stipulated in Articles 168 (robbery), 169 (abduction for property appropriation), 170 (extortion), 171 (snatching), 172 (publicly appropriating property), 174 (fraudulent appropriation of property), 175 (abusing trust to appropriate property), and 290 (using computer networks, telecommunications networks, or electronic means to perform acts of property appropriation) of the 2015 Criminal Code (amended and supplemented in 2017), whose previous criminal records have not been expunged but still violate;

+ Causes adverse effects on security, order, and social safety;

+ The property is the main means of livelihood for the victim and their family;

+ The property is a relic or antique.

Aggravated penalty framework:

- Imprisonment from 02 years to 07 years: Committing the crime in one of the following cases:

+ Organized;

+ Of a professional nature;

+ Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

+ Using cunning, dangerous tricks;

+ Assaulting to escape;

+ The property is a national treasure;

+ Dangerous recidivism.

- Imprisonment from 07 years to 15 years: Committing the crime in one of the following cases:

+ Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

+ Taking advantage of natural disasters, epidemics.

- Imprisonment from 12 years to 20 years: Committing the crime in one of the following cases:

+ Appropriating property valued at 500,000,000 VND or more;

+ Taking advantage of wartime or emergency situations.

Supplementary penalties: The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

Thus, offenders of theft of property as regulated by the 2015 Criminal Code (amended and supplemented in 2017) of Vietnam will have corresponding penalty frameworks depending on the severity of the act: the lightest penalty is Community sentence for up to 03 years, and the harsher penalty is imprisonment for up to 15 years. Besides, the offender may also be fined from 5,000,000 VND to 50,000,000 VND.

2. What are judgments related to the crime of theft of property in Vietnam?

Judgment on the crime of theft of property No. 23/2022/HS-ST

- Level of trial: First instance.

- Trial agency: Bảo Lâm District People's Court, Cao Bằng Province.

- Excerpt content: At around 08:00 AM on November 1, 2021, the defendant T stole 3 Xoan trees from the community forest in Na P village, L commune, B district, Cao Bang province, causing damage of 5,417,200 VND. At the trial, the defendant T confessed sincerely and showed repentance. The defendant has a bad character, with one previous administrative penalty for drug offenses.

- Trial result: Sentenced defendant Luc Van T to 10 (ten) months of imprisonment for the crime of "Theft of property."

Judgment on the crime of theft of property No. 96/2022/HSST

- Level of trial: First instance.

- Trial agency: Nghi Son District-Level Town People's Court, Thanh Hoa Province.

- Excerpt content: At around 09:00 PM on July 8, 2020, the defendant H saw that Mr. L's house gate was not locked and developed the intent to steal property. When entering the house and finding it empty, H went to the worshiping room to search. After breaking in, defendant H stole 29.3 million VND and 5 gold coins. Defendant Th knew of H's criminal act but did not report it.

- Trial result: Sentenced Le Thi H to 24 months of suspended imprisonment for the crime of "Theft of property," with a probation period of 48 months from the date the first-instance judgment was declared. Sentenced Dau Thi Th to 06 months of suspended imprisonment for the crime of "Failing to report a crime," with a probation period of 12 months from the date the first-instance judgment was declared.

Judgment on the crime of theft of property (multiple thefts of property with a total value of 7,910,000 VND) No. 22/2022/HS-ST

- Level of trial: First instance.

- Trial agency: Bảo Lâm District People's Court, Cao Bằng Province.

- Excerpt content: From October 3, 2021, the defendant S repeatedly stole property from his biological mother, Ms. Th1, including a cabinet, tables and chairs, a gas cylinder, with a total value of 7,910,000 VND. S sold the stolen items for personal spending. At the trial, S confessed sincerely and showed repentance.

- Trial result: Sentenced defendant Tran Thai S to 09 (nine) months of imprisonment for the crime of "Theft of property." The sentence starts from the date the defendant was arrested, February 25, 2022.

Judgment on the crime of theft of property No. 85/2022/HSST

- Level of trial: First instance.

- Trial agency: Mong Cai City People’s Court, Quang Ninh Province.

- Excerpt content: At around 09:30 AM on May 13, 2022, Q saw Mr. V drying money on the bed board and then storing the money in a burlap sack before going to sleep. At about 10:00 AM on the same day, when Mr. V was asleep, Q developed the intent and stole 30,000,000 VND (thirty million VND) from Mr. V. Q used a lighter to burn the burlap sack, searched for the money wallet of Mr. V, and took 30,000,000 VND.

- Trial result: Sentenced defendant Nguyen Van Q to 21 (twenty-one) months of imprisonment for the crime of "Theft of property."

Judgment on the crime of theft of property No. 85/2022/HSST

- Level of trial: First instance.

- Trial agency: Buon Ma Thuot City People’s Court, Dak Lak Province.

- Excerpt content: At around 09:30 AM on May 13, 2022, Nguyen Van Q came to Mr. V's house to visit. At that time, Mr. V was drying money on the bed board and then storing the money in a burlap sack before going to sleep. Q developed the intent to steal Mr. V's money.

At about 10:00 AM on the same day, when Mr. V was asleep, Q used a lighter to burn the burlap sack, searched for the money wallet of Mr. V, and took 30,000,000 VND.

- Trial result: Sentenced defendant Nguyen Van D to 03 (three) years and 06 (six) months of imprisonment for the crime of "Theft of property."

Sincerely!

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