Penalties for acts of stealing Ngoc Linh ginseng in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. Penalties for acts of stealing Ngoc Linh ginseng in Vietnam

Ngoc Linh ginseng is a rare type of ginseng, known as Vietnam's "national treasure" because of its high medicinal value and scarce quantity. For this reason, the number of stolen Ngoc Linh ginsengs is increasing, causing huge losses to growers.

The act of stealing Ngoc Linh ginseng is a violation of the law. Thus, based on Article 173 of the Criminal Code 2015 (amended 2017), the crime of theft of property is stipulated as follows:

- A person who steals 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:

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

+ The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 of the Criminal Code 2015 (amended 2017);

+ The offence has negative impacts on social safety, order, and security;

+ The property stolen is the primary means of livelihood of the victim and the victim's family;

+ The property stolen is a relic

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

+ The offender employs a deceitful method or a dangerous method to commit the offence;

+ The offender attacks other people to escape;

+ The property stolen is national treasure;

+ Dangerous recidivism.

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

+ The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

+ The offender takes advantage of a natural disaster or epidemic to commit the offence.

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

+ The property stolen is ≥ VND 500,000,000;

+ The offender takes advantage of a war or state of emergency to commit the offence.

- The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

If the stolen Ngoc Linh ginseng has a value of less than 2,000,000 million VND, depending on the case, the thefts can be administratively sanctioned with a fine ranging from 2,000,000 VND to 3,000,000 million VND according to the provisions of Point a, Clause 1 Article 15 Decree 144/2021/ND-CP.

Thus, the act of stealing Ngoc Linh ginseng may be subject to administrative or criminal sanctions depending on the nature, extent, and value of the property.

2. Are there penalties for consumers of stolen Ngoc Linh ginseng in Vietnam?

Pursuant to Article 323 of the Criminal Code 2015 (amended 2017), regulations on the crime of storing or buying property obtained by crime are as follows:

- Any person who, without prior promise, stores or buys a piece of property in the knowledge that it is obtained through another person's commission of a crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ The illegal piece of property is assessed at from VND 100,000,000 to under VND 300,000,000;

+ The illegal profit earned is from VND 20,000,000 to under VND 100,000,000;

+ Dangerous recidivism.

- This offence committed in any of the following circumstances carries a penalty of 07 - 10 years' imprisonment:

+ The illegal piece of property is assessed at from VND 300,000,000 to under VND 1,000,000,000;

+ The illegal profit earned is from VND 100,000,000 to under VND 300,000,000.

- This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

+ The illegal piece of property is assessed at ≥ VND 1,000,000,000;

+ The illegal profit earned is ≥ VND 300,000,000;

- The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or have all or part of his/her property confiscated.

Thus, only those who consume Ngoc Linh ginsengs, knowing clearly that those ginsengs were stolen, will be fined or even imprisoned, depending on the severity of the violation.

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