What are the penalties for online fraud according to the law in Vietnam? What are judgments related to this matter?

What are the penalties for online fraud according to the law in Vietnam?

Depending on the severity of the case, individuals committing online fraud can be subject to administrative fines or criminal prosecution. To be specific:

(1) Administrative Penalties

According to Clause 1, Article 15 of Decree No. 144/2021/ND-CP, a fine ranging from 2,000,000 VND to 3,000,000 VND can be imposed for acts involving deceit or absconding to appropriate property or failing to return borrowed, leased, or contractually acquired property, despite being capable of doing so.

(2) Criminal Prosecution

According to Article 174 of the Vietnam Penal Code 2015, offenders committing online fraud can be prosecuted for the crime of fraud and appropriation of property. To be specific:

- Persons using deceitful methods to appropriate another's property valued between 2,000,000 VND and under 50,000,000 VND, or under 2,000,000 VND in any of the following cases, can be sentenced to community sentence for up to 3 years or imprisonment from 6 months to 3 years:

+ Previously administratively penalized for property appropriation and re-offending;

+ Having been convicted for this crime or any of the crimes stipulated in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of the Vietnam Penal Code 2015, having not had their records expunged, and re-offending;

+ Causing adverse effects on social security, order, and safety;

+ The asset is the primary means of livelihood for the victim and their family; the asset holds special sentimental value for the victim as a memento, relic, or religious artifact.

- Imprisonment from 2 years to 7 years for one of the following cases:

+ Organized crime;

+ Professional crime;

+ Appropriating assets valued between 50,000,000 VND and under 200,000,000 VND;

+ Dangerous recidivism;

+ Abusing position, power or the name of an agency or organization;

+ Using cunning deceit;

+ Appropriating assets valued between 2,000,000 VND and under 50,000,000 VND under circumstances stipulated in points a, b, c, and d Clause 1 Article 174 of the Vietnam Penal Code 2015.

- Imprisonment from 7 years to 15 years for one of the following cases

+ Appropriating assets valued between 200,000,000 VND and under 500,000,000 VND;

+ Appropriating assets valued between 50,000,000 VND and under 200,000,000 VND under circumstances stipulated in points a, b, c, and d Clause 1 Article 174 of the Vietnam Penal Code 2015;

+ Exploiting natural disasters, epidemics.

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

+ Appropriating assets valued at 500,000,000 VND or more;

+ Appropriating assets valued between 200,000,000 VND and under 500,000,000 VND under circumstances stipulated in points a, b, c, and d Clause 1 Article 174 of the Vietnam Penal Code 2015;

+ Exploiting wartime conditions, emergency situations.

- The offender can 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 for 1 to 5 years, or have part or all of their property confiscated.

What are judgments related to online fraud in Vietnam?

Below is a collection of judgments on online fraud:

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