What are penalties for circulating counterfeit money in Vietnam? What are judgments related to this case?

Hello, Lawnet would like to clarify as follows:

1. What are penalties for circulating counterfeit money in Vietnam?

The circulation of counterfeit money is one of the prohibited acts specified in Clause 1, Article 23 of the Law on the State Bank of Vietnam 2010.

Article 207 of the Criminal Code of Vietnam 2015 stipulates the penalties for the crime of circulating counterfeit money:

- Any person who manufactures, stores, transports, or circulates counterfeit money shall be liable to imprisonment for 03 years to 07 years.

- Committing the crime in cases where the counterfeit money is valued from VND 5,000,000 to under VND 50,000,000 shall be liable to imprisonment for 05 years to 12 years.

- Committing the crime in cases where the counterfeit money is valued from VND 50,000,000 or more shall be liable to imprisonment for 10 years to 20 years or life imprisonment.

- A person who prepares to commit this crime shall be liable to non-custodial reform for up to 03 years or imprisonment for 01 year to 03 years.

- The person committing the crime may also be subject to a fine of VND 10,000,000 to VND 100,000,000 or partial or whole confiscation of property.

Thus, any person who circulates counterfeit money may be sentenced to imprisonment from 03 years to life, depending on the specific case. Additionally, the offender may also be fined or have part or all their property confiscated.

2. What are judgments on circulating counterfeit money in Vietnam?

Judgment on the crime of circulating counterfeit money No. 73/2021/HS-ST

- Trial level: First instance.

- Adjudicating authority: People's Court of Cam Le District, Da Nang City.

- Quoted content: “In March 2021, Nguyen Thanh H used his personal Facebook account to contact and buy VND 5 million in counterfeit money for VND 1 million in real money from a counterfeit money seller on Facebook. About 10 days later, H received a package containing VND 5 million in counterfeit money consisting of 10 VND 500,000 notes. H used VND 1 million in counterfeit money on two occasions: May 14, 2021: He bought a VND 100,000 phone card at a grocery store, paying with one VND 500,000 counterfeit note. May 20, 2021: He bought a VND 50,000 phone card at another grocery store, paying with one VND 500,000 counterfeit note. Both times, the store owners discovered and confiscated the counterfeit money H used and subsequently handed it over to the police.”

Judgment on the crime of circulating counterfeit money No. 53/2022/HS-ST

- Trial level: First instance.

- Adjudicating authority: People's Court of District P, Can Tho City.

- Quoted content: “On the evening of November 29, 2021, T1 and L4 came to L1's motel. L1 called T2 to inquire about buying drugs. T1 gave L4 05 VND 500,000 counterfeit notes to go with T4 and T5 to buy more than 20 portions of drugs from T2 for VND 2.4 million. The T4 group handed the counterfeit money to T2 and returned to L1’s motel to use the drugs together. That night, T1 gave a VND 500,000 counterfeit note to T5 to buy food and cigarettes at Mrs. T3’s grocery store. Mrs. T3 gave VND 440,000 in real money as change. The next day, T1 returned the remaining money and drugs to L3. Later, T2 and Mrs. T3 discovered the money was counterfeit and reported to the police.”

Judgment on the crime of circulating counterfeit money No. 476/2022/HS-PT

- Trial level: Appellate.

- Adjudicating authority: High People's Court in Ho Chi Minh City.

- Quoted content: “In June 2020, Huynh Thi Deo C met Nguyen Thi M at a hospital in Ho Chi Minh City. C shared her difficult situation, and M agreed to help C buy counterfeit money and guided her on how to circulate it. From October to November 2020, C transferred real money to M's account for M to place orders for counterfeit money. M used the money C transferred to pay the counterfeit money seller. C went to M’s motel to receive the counterfeit money from M a total of 4 times, with a total amount of VND 69.5 million in counterfeit money. Additionally, C received VND 2.7 million in counterfeit money when M returned real money to C. In total, C obtained VND 72.2 million in counterfeit money from M.”

Judgment on the crime of circulating counterfeit money No. 04/2022/HS-ST

- Trial level: First instance.

- Adjudicating authority: People's Court of An Giang Province.

- Quoted content: “In September 2020, Le Thanh S bought VND 90 million in counterfeit money (denominations of VND 500,000) from Le Hoang M1 through social media for VND 15 million. S received counterfeit money from M1 in Ho Chi Minh City but found it different from real money and requested an exchange. S, along with Le Van D, went to Ho Chi Minh City, met M1, and exchanged VND 50 million in counterfeit money, with M1 promising to give the remaining VND 40 million later. Back in An Giang, S gave D VND 20 million in counterfeit money and kept VND 30 million. During inspection, S accidentally burnt VND 15 million in counterfeit money due to smudging... The court declared defendants Le Thanh S, Le Van D guilty of "Circulating counterfeit money". Sentenced: Defendant Le Thanh S to 10 years in prison...”

Judgment on the crime of circulating counterfeit money No. 109/2021/HS-ST

- Trial level: First instance.

- Adjudicating authority: People's Court of Thuan An City, Binh Duong Province.

- Quoted content: “In May 2020, Bui Huu N gave Tran Hoang V VND 1 million in counterfeit money to circulate. On May 9, V invited Tran Van K to circulate the counterfeit money, to which K agreed. V gave K one VND 500,000 counterfeit note. K used the counterfeit money to reclaim a phone but was detected as fake. V used one VND 500,000 counterfeit note at a coffee shop and received VND 320,000 in real change. Later, N gave V two more VND 500,000 counterfeit notes and K one more VND 500,000 counterfeit note to circulate. Early on May 10, police searched V's motel room and seized three VND 500,000 counterfeit notes. K escaped but was arrested in December 2020.”

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