What are the penalties for falsifying land documents to embezzle money in Vietnam?

1. What is the offense of the act of falsifying land documents to embezzle money in Vietnam?

Based on Clause 10, Section I of Official Dispatch 212/TANDTC-PC in 2019 guiding the determination of criminal liability for the act of falsifying documents:

10. When an individual falsifies documents of an agency or organization to commit fraud and appropriate property, should they be criminally charged with fraud to appropriate property or with using false seals or documents of an agency or organization?

The act of falsifying documents of an agency or organization to commit fraud and appropriate property infringes upon two distinct legal objects protected by the Criminal Code (as stipulated in Article 174 and Article 341 of the Criminal Code). Therefore, if the act constitutes the elements of the crime, the individual will be criminally liable for both fraud to appropriate property (Article 174) and using false seals, documents of an agency or organization; using false seals or documents of an agency or organization (Article 341).

The act of falsifying documents of an agency or organization with the intent to commit fraud and appropriate property simultaneously infringes upon two distinct legal objects and thus cannot be merged into one crime.

Therefore, when handling a case involving the falsification of land ownership documents to appropriate money, if the act constitutes sufficient elements of the crime, the individual will be criminally prosecuted for both crimes: fraud to appropriate property and falsifying seals, documents of an agency, organization; using false seals or documents of an agency or organization.

2. What are penalties for the crime of fraudulently appropriating property in Vietnam?

Based on Article 174 of the Criminal Code 2015 (some clauses were annulled by Point a, Clause 3, Article 2 of the Law Amending the Criminal Code 2017), fraud to appropriate property is defined as the act of using deceitful measures to appropriate the property of another person.

The punishment framework for fraud to appropriate property is as follows:

- Level 1: Community sentence for up to 03 years or imprisonment from 06 months to 03 years for one of the following cases:

+ Property valued between 2,000,000 VND and under 50,000,000 VND

+ Property under 2,000,000 VND but one of the following conditions apply: Having been administratively sanctioned for property appropriation but reoffending; having been convicted of this crime or one of the crimes stipulated in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, but the previous conviction has not been expunged; causing adverse effects on security, order, and social safety; or the property is the primary means of livelihood for the victim and their family.

- Level 2: Imprisonment from 02 years to 07 years for one of the following cases:

+ Organized crime;

+ Professional crime;

+ Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

+ Dangerous recidivism;

+ Abusing position or authority, or abusing the title of an agency or organization;

+ Using sophisticated deceit.

- Level 3: Imprisonment from 07 years to 15 years for one of the following cases:

+ Appropriating property valued from 200,000,000 VND to under 500,000,000 VND

+ Taking advantage of natural disasters or epidemics.

- Level 4: Imprisonment from 12 years to 20 years or life imprisonment for one of the following cases:

+ Appropriating property valued at 500,000,000 VND or more

+ Taking advantage of war conditions or states of emergency.

- Additional penalties: The offender can also be fined from 10,000,000 VND to 100,000,000 VND, banned from occupying certain positions, prohibited from practicing certain professions or performing certain jobs from 01 to 05 years, or subject to partial or total confiscation of property.

3. What are penalties for the crime of using fake seals or documents of state agencies, organizations in Vietnam?​

According to Article 341 of the Criminal Code 2015 (as amended and supplemented by Clause 126, Article 1 of the Law Amending the Criminal Code 2017) on using false seals or documents of an agency or organization:

Anyone who falsifies seals, documents, or other papers of an agency or organization or uses those false seals, documents, or papers to carry out illegal acts is handled as follows:

- Level 1: Anyone who falsifies seals, documents, or other papers of an agency or organization or uses said false seals, documents, or papers to carry out illegal acts shall be fined from 30,000,000 VND to 100,000,000 VND, Community sentence for up to 03 years or imprisonment from 06 months to 02 years.

- Level 2: Committing the crime under one of the following circumstances shall be punishable by imprisonment from 02 years to 05 years:

+ Organized crime;

+ Committing the crime 02 times or more;

+ Falsifying from 02 to 05 seals, documents, or other papers;

+ Using false seals, documents, or papers to commit less serious or more serious crimes;

+ Illicit gains between 10,000,000 VND and under 50,000,000 VND;

+ Dangerous recidivism.

- Level 3: Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 years to 07 years:

+ Falsifying 06 or more seals, documents, or other papers;

+ Using false seals, documents, or papers to commit very serious or particularly serious crimes;

+ Illicit gains from 50,000,000 VND or more.

In addition to the aforementioned punishment levels, the offender can also be fined from 05 million VND to 50 million VND.

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