Penalties for imposter scams in Vietnam

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

1. Penalties for imposter scams in Vietnam

Up to now, Vietnam has no legal regulations defining what "imposter scam" means.

However, it can be understood that imposter scams are the act of using another person's personal information, such as their name, photo, phone number, or other identifying information, without their consent. This behavior can be performed for many different purposes.

The act of imposter scams is considered a violation of the law. Depending on the level of violation, this behavior will be handled according to the corresponding penalties.

Based on Clauses 1 and 3, Article 15 of Decree 144/2021/ND-CP, the act of imposter scams can be handled as a violation of regulations on causing damage to the organization's property. other individuals, accordingly:

- A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for acts of 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.

- Additional penalties include:

+ Confiscate the exhibits and means used for committing administrative violations.

+ Expel foreigners committing the administrative violations.

Thus, an individual who commits imposter scams may be fined from VND 2.000.000 to VND 3.000.000, depending on the severity of the violation. The fine will be doubled for the organization committing this violation. In addition, this violation may be subject to additional penalties such as confiscation of evidence and means used for committing administrative violations or expulsion if the offenders are foreigners.

2. Will the person who commits imposter scams be subject to criminal liability in Vietnam?

The act of imposter scams may also be criminally prosecuted. Based on Article 174 of the Penal Code 2015 (amended in 2017), crime of obtaining property by fraud is as follows:

- 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:

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

+ 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 of the Penal Code 2015 (amended in 2017);

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

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

- 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 obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

+ Dangerous recidivism;

+ The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

+ The offender employs deceitful methods to commit the offence;

+ The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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

+ The property obtained 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 or life 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 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.

Thus, the act of imposter scams with property stolen worth VND 2,000,000 or more or less than VND 2,000,000 but falling into one of the cases prescribed by law will be considered a crime of obtaining property by fraud and be handled according to the above regulations.

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