20/10/2022 14:27

What are the penalties for posting fake job vacancies online to scam in Vietnam?

What are the penalties for posting fake job vacancies online to scam in Vietnam?

My sister reads job postings on Facebook and then texts to apply for a job. Initially, the recruiting party scheduled an interview and then asked to pay a fee of VND 800,000 for the application fee and the recruitment fee. What are the penalties for such violations in Vietnam? "Hoang Long-Thanh Hoa"

Lawnet would like to answer your questions as follows:

Currently, there are many forms of fraud through online job channels, classifieds forums, recruitment groups, ... on Facebook, Zalo. Bad subjects post a lot of attractive job information, often drawing a dream job. Although authorities and media have reported and warned about counterfeit tricks, due to the subjects' constantly changing methods, tricks, and grasping the psychology and needs of the victim to carry out their actions, Due to the current fraud, it has been and is still defrauding a large amount of money from many victims across the country.

The following penalties will be imposed depending on the nature and seriousness of the crime: 

- Penalties for administrative violations:

Acts of fraud to appropriate property may be administratively sanctioned according to Point c, Clause 1, Article 15 of Decree 144/2021/ND-CP:

“Article 15. Violations against regulations on causing damage to property of other organizations or individuals

1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:

...

Using deceitful tricks to appropriate property…

2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

...

b) Using deception or creating circumstances to force another person into giving money or property;"

This, the penalties for administrative violations are:

- For organization: a fine from VND 6,000,000 to VND 10,000,000.

- For individual: a fine from VND 3,000,000  to VND 6,000,000

- Criminal liability:

In case the crime of “fraud to appropriate property” is satisfied according to Clause 1, Article 174 of the Criminal Code 2015 (amended in 2017)

Clause 1, Article 174 of the Criminal Code 2015 (amended in 2017) stipulates as follows:

“Article 174. Obtaining property by fraud

1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) 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;

c) The offence has a negative impact on social safety, order and security;

d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family;...

…”

Thus, if the act constitutes the crime of obtaining property by fraud, the highest penalty frame can be up to 12 years to 20 years or life imprisonment and can be fined from 10,000,000 VND to 100,000,000 VND, can be prohibited from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or confiscating part or all of property.

- Civil liability:

The person who commits the act of deceiving the property must also compensate the victim for the damage. According to the provisions of Article 584,589 of Vietnam's Civil Code 2015.

A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

In addition, in case of defrauding many people but each person is under 2 million, they will still be prosecuted for criminal liability for fraud and appropriation of property. Pursuant to Clause 5, Section 2 of Joint Circular 02/2001/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25, 2001 guiding the application of a number of provisions in Chapter XIV of the 1999 Penal Code

“5. In case a person commits the same type of property infringement many times, but each time the property value is infringed below the minimum level for criminal prosecution according to the provisions of the Criminal Code and is not one of the in other cases for criminal prosecution (causing serious consequences; having been administratively sanctioned; having been convicted but not yet entitled to criminal record remission...), and at the same time, there is no such violation once the administrative sanction has not expired and the statute of limitations for administrative sanction has not yet expired, if the total property value of the infringing times is equal to or above the minimum level for criminal prosecution according to the provisions of the Criminal Code, the Repeating the same type of property infringement act must be examined for penal liability for the corresponding crime according to the total property value of the infringing times, if:

a) Acts of property infringement are committed continuously and sequentially in time.

b) Acts of infringing upon property is of a professional nature, taking the property resulting from the property infringement as the main source of livelihood.

c) For the purpose of infringing upon property, but due to objective circumstances, the infringement of property must be done many times, so the value of the infringed property each time is less than 500,000 VND."

Although Joint Circular 02 has expired and currently there is no resolution of the Judges' Council of the Supreme People's Court guiding this provision of the Criminal Code 2015 (amended in 2017).

However, Joint Circular 02 can be applied in cases of fraud many times, each time being less than 2 million and having not been administratively sanctioned (according to Clause 3, Section 1 of Official Dispatch 64/TANDTC-PC dated April 3, 2019, the announcement of the results of online answers to a number of problems related to criminal, civil, and administrative procedures issued by the Supreme People's Court).

Best regards!

Nhu Y
104


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