Vietnam: Distinguish between obtaining property by fraud and abuse of trust to appropriate property

Criteria

Obtaining property by fraud

Abuse of trust to appropriate property

Awareness

Intent to appropriate from the outset, before committing the offence.

After obtaining the property legally, the intention to appropriate the property appears.

Object of appropriation

The appropriated property is managed by another person, possibly the property of the State.

The property appropriated is managed by the offender himself.

Behaviours

Fraudulent act is compulsory.

Committing fraudulent acts before the time of property transfer.

There may appear or not appear fraud

If there is a fraudulent act, this act must always be done after the time of transferring the property. 

Commission

Obtaining property by fraud

- Step 1. Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract.

- Step 2. Using it for illegal purposes which result in the offender's inability to repay the loan or return the property.

Value of property appropriated to determine crime

- From VND 2,000,000

- Under VND 2,000,000 in any of the following circumstances:

+ 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; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.

-  From VND 4,000,000

- Under VND 4,000,000 in any of the following circumstances:

+ Having incurred an administrative penalty for property appropriation

+ Having an unspent conviction for this offence or any of the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof

+ The property obtained is the primary means of livelihood of the victim or the victim’s family.

Penalties

- Basic penalty frame: a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

- Maximum penalty: a penalty of 12 - 20 years' imprisonment or life imprisonment.

- Basic penalty frame: a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

- Maximum penalty: a penalty of 12 - 20 years' imprisonment.

Legal basis