Pursuant to Article 175 of the Vietnam Criminal Code 2015 (amended 2017), the penalties for the crime of abuse of trust to appropriate property are stipulated as follows:
* Level 1:
Anyone who commits one of the following acts to appropriate another person's property valued between 4,000,000 VND to less than 50,000,000 VND or less than 4,000,000 VND but has been administratively sanctioned for acts of appropriation or has been sentenced for this crime or any of the crimes stipulated in Articles 168, 169, 170, 171, 172, 173, 174, and 290 of the Vietnam Criminal Code 2015, and has not had their conviction expunged, or if the property is the main means of livelihood for the victim and their family, shall be subject to community sentence for up to 3 years or imprisonment from 6 months to 3 years:
- Borrowing, renting property from others or receiving others' property through contract and then using deceitful tricks or fleeing to appropriate that property, or upon the due date, although having the conditions and ability to repay, intentionally failing to do so;
- Borrowing, renting property from others or receiving others' property through contract and using it for illegal purposes leading to an inability to return the property.
* Level 2:
Committing the crime in one of the following cases shall be subject to imprisonment from 2 years to 7 years:
- Organized crime;
- Professional nature;
- Appropriating property valued between 50,000,000 VND to less than 200,000,000 VND;
- Abusing position, powers, or abusing the name of agencies or organizations;
- Using cunning tricks;
- Adversely affecting security, order, social safety;
- Dangerous recidivism.
* Level 3:
Committing the crime appropriating property valued from 200,000,000 VND to less than 500,000,000 VND shall be subject to imprisonment from 5 years to 12 years.
* Level 4:
Committing the crime appropriating property valued at 500,000,000 VND or more shall be subject to imprisonment from 12 years to 20 years.
* Additional penalties:
The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 1 to 5 years, or having part or all of their property confiscated.
Below are some judgments on the crime of abuse of trust to appropriate property in Vietnam:
No | Judgment Title | Penalty | Adjudicating Agency |
1 | Judgment on the crime of abuse of trust to appropriate property No. 25/2024/HS-ST | 1 year 6 months imprisonment | People's Court of Duc Linh District, Binh Thuan Province |
2 | Judgment on the crime of abuse of trust to appropriate property No. 41/2024/HS-ST | 2 years 3 months imprisonment | People's Court of District 11, Ho Chi Minh City |
3 | Judgment on the crime of abuse of trust to appropriate property No. 45/2024/HS-ST | 6 months imprisonment | People's Court of Tam Ky City, Quang Nam Province |
4 | Judgment on the crime of abuse of trust to appropriate property No. 08/2024/HS-ST | 6 years 6 months imprisonment | People's Court of Chu Pah District, Gia Lai Province |
5 | Judgment on the crime of abuse of trust to appropriate property No. 32/2024/HS-ST | 5 years imprisonment | People's Court of My Tho City, Tien Giang Province |
6 | Judgment on the crime of abuse of trust to appropriate property No. 57/2024/HS-ST | 33 months imprisonment | People's Court of Vinh City, Nghe An Province |
7 | Judgment on the crime of abuse of trust to appropriate property No. 77/2024/HS-ST | 3 years 6 months imprisonment | People's Court of Buon Ma Thuot City, Dak Lak Province |
8 | Judgment on the crime of abuse of trust to appropriate property No. 42/2024/HS-ST | 9 months imprisonment | People's Court of Lam Ha District, Lam Dong Province |
9 | Judgment on the crime of abuse of trust to appropriate property No. 34/2024/HS-ST | 5 months imprisonment | People's Court of Tan Phu District, Dong Nai Province |
10 | Judgment on the crime of abuse of trust to appropriate property No. 45/2024/HS-ST | 22 months imprisonment | People's Court of Hoang Mai District, Hanoi City |
11 | Judgment on the crime of abuse of trust to appropriate property No. 06/2024/HS-ST | 12 years imprisonment | Dak Nong Provincial People's Court |
12 | Judgment on the crime of abuse of trust to appropriate property No. 82/2024/HS-ST | 6 years 6 months imprisonment | People's Court of Moc Chau District, Son La Province |
13 | Judgment on the crime of abuse of trust to appropriate property No. 04/2024/HS-ST | 15 months imprisonment | People's Court of Nghi Xuan District, Ha Tinh Province |
14 | Judgment on the crime of abuse of trust to appropriate property No. 23/2024/HS-ST | 1 year 6 months imprisonment | People's Court of Van Lam District, Hung Yen Province |
15 | Judgment 14/2024/HS-ST on the crime of abuse of trust to appropriate property | 7 years imprisonment | People's Court of Khanh Hoa Province |
16 | Judgment on the crime of abuse of trust to appropriate property No. 09/2024/HS-ST | 1 year 6 months imprisonment | People's Court of Dak Mil District, Dak Nong Province |
17 | Judgment on the crime of abuse of trust to appropriate property No. 69/2024/HS-ST | 24 months imprisonment | People's Court of Nam Tu Liem District, Hanoi City |
18 | Judgment on the crime of abuse of trust to appropriate property No. 06/2024/HS-ST | 3 months imprisonment | People's Court of Long Phu District, Soc Trang Province |
19 | Judgment 196/2023/HS-ST on the crime of abuse of trust to appropriate property | 5 years imprisonment | People's Court of Binh Chanh District, Ho Chi Minh City |
20 | Judgment on the crime of abuse of trust to appropriate property No. 34/2024/HS-ST | 10 months imprisonment | People's Court of Thanh Xuan District, Hanoi City |
21 | Judgment on the crime of abuse of trust to appropriate property No. 08/2024/HS-ST | 3 months 24 days imprisonment | People's Court of Phu Rieng District, Binh Phuoc Province |
22 | Judgment on the crime of abuse of trust to appropriate property No. 25/2024/HS-ST | 3 months 4 days imprisonment | People's Court of Vinh Cuu District, Dong Nai Province |
23 | Judgment on the crime of abuse of trust to appropriate property No. 39/2024/HS-ST | 10 months imprisonment | People's Court of Xuan Loc District, Dong Nai Province |
24 | Judgment on the crime of abuse of trust to appropriate property No. 18/2024/HS-ST | 12 months imprisonment | People's Court of D.A District, Hanoi City |
25 | Judgment on the crime of abuse of trust to appropriate property No. 03/2024/HS-ST | 5 months imprisonment | People's Court of T District, Kien Giang Province |
26 | Judgment on the crime of abuse of trust to appropriate property No. 122/2024/HS-ST | 12 months imprisonment | People's Court of Thanh Hoa City, Thanh Hoa Province |
27 | Judgment on the crime of abuse of trust to appropriate property No. 03/2024/HS-ST | 4 months imprisonment | People's Court of Nga Nam Town, Soc Trang Province |
28 | Judgment on the crime of abuse of trust to appropriate property No. 04/2024/HS-ST | 4 years imprisonment | People's Court of Trung Khanh District, Cao Bang Province |
29 | Judgment on the crime of abuse of trust to appropriate property No. 25/2024/HS-ST | 4 years imprisonment | People's Court of Binh Chanh District, Ho Chi Minh City |
30 | Judgment on the crime of abuse of trust to appropriate property No. 07/2024/HS-ST | 9 years imprisonment | People's Court of Tra Vinh Province |
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