22/12/2022 15:36

Vietnam: Being deceived when buying online, what should you do?

Vietnam: Being deceived when buying online, what should you do?

I buy online because I trust the product images on Facebook. Even after money is transferred, I still have not received the goods as promised by the shop. Is there any way I can get a refund? "My Van-Binh Thuan, Vietnam"

Hello, Lawnet would like to answer your questions as follows:

1. What are the regulations on the crime using deception to obtain another person's property

Depending on the value of the property, the person who commits fraud when selling goods online will have to be administratively sanctioned or criminally liable according to the law.

Administrative liabilities

According to the provisions of Point C, Clause 1, Article 15 of Decree 144/2021/ND-CP, violations of regulations on causing damage to properties of organizations and individuals, wherebyindividuals who commit acts of fraud through the cyberspace environment that are not subject to criminal prosecution may be fined as follows:

(1) A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for 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:

- Using deception or creating circumstances to force another person into giving money or property;

- Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;

In addition, in order to overcome the consequences, the investigating and adjudicating agencies also confiscated exhibits and means of administrative violations such as phones, computers, phone sim cards and tools used for fraud purposes. In addition, return the illegal property obtained by defrauding the victim.

Criminal liabilities

Regarding the crime of using deception to obtain another person's property which is assessed VND 2,000,000 specified in Article 174 of the Criminal Code 2015 (amended by the Criminal Code 2017) on the crime of obtaining property by fraud, it shall be subject to the following penalties:

Frame 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:

- 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 hereof;

- 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.

Frame 2: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 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.

Frame 3: 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.

Frame 4: 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.

Frame 5: 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.

However, using deception to obtain upto 02 million can still be prosecuted for criminal liability when:

- Has been administratively sanctioned for the act of appropriating property;

- Having a negative impact on order and security;

- The victim's and their family's primary source of income is the defrauded property.

- Been convicted of one of the following offenses: fraudulently appropriating property, robbing property, appropriating property, abusing reputation to appropriate property, using computer networks, telecommunications networks, and electronic means to commit acts of appropriating property...

Depending on the nature and seriousness of the offence, an online fraudster can be sentenced to up to 20 years in prison or life imprisonment or a fine of up to VND 100 million.

2. How shall the crime of using deception to obtain another person's property be handled?

Rights of the person being deceived

Article 164 of the Civil Code 2015 stipulates measures for protection of ownership rights and other property-related rights as follows:

- Each owner or holder of other property-related rights is entitled to self-protect and prevent anyone from infringing his/her rights by measures in accordance with regulations of law.

- Each owner or holder of other property-related rights shall have the right to request a court or another competent authority to compel the person infringing upon their rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or other property-related rights, and to request compensation for any damage.

Thus, the person being deceived has the right to claim back their property, pay compensation for damage according to the provisions of the Civil Code and initiate a lawsuit under the provisions of the Civil Procedure Code.

Article 186 of the 2015 Civil Procedure Code stipulates that: “Agencies, organizations and individuals are entitled to institute cases by themselves or through their lawful representatives (hereinafter referred to as the litigators) at competent Courts to request the protection of their legitimate rights and interests.”

Order and procedures for submission of lawsuit petitions

Article 189 of the Civil Procedure Code 2015 stipulates that a lawsuit petition must include the following principal contents:

= Date of its making;

= Name of the Court receiving the lawsuit petition;

= Name, place of residence, place of work of the litigator (applicable to litigators being individuals) or head office of the litigator (applicable to litigators being agencies/organizations); phone number, fax and e-mail address (if any).

If the parties reach agreement on an address for the Court to contact, such address shall be specified;

= Name, place of residence, place of work of person whose interests and duties are protected (applicable to individuals) or head office of person whose interests and duties are protected (applicable to agencies and organizations); phone number, fax and e-mail address (if any);

= Name, place of residence, place of work of the defendant (applicable to individuals) or head office of the defendant (applicable to agencies/organizations); phone number, fax and e-mail address (if any). If the place of residence, place of work or head office of the defendant is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;

= Name, place of residence, place of work of person with relevant interests and duties (applicable to individuals) or head office of person with relevant interests and duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any).

If the place of residence, place of work or head office of the person with relevant interests and duties is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;

= Lawful interests and duties of the litigator that are infringed upon; specific matters of the defendant, person with relevant interests and duties that are applied for resolution by the Court;

= Names and addresses of witnesses (if any);

= List of documents and/or evidences accompanied with lawsuit petitions.

Article 190 of the Civil Procedure Code 2015 stipulates the submission of lawsuit petitions to courts. Litigators shall submit their lawsuit petitions and the accompanied documents and/or evidences to Courts competent to settle their cases by the following modes:

= Direct submission at courts;

= Sending to Courts by post;

= Sending through e-portal of Courts (if any).

Best regards!

Nhu Y
96


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