If a person rents two cars and then mortgages them, what is this crime in Vietnam? What is crime for getting mortgage on rented cars without the owner due to commission of a crime in Vietnam?

If a person rents two cars and then mortgages them, what is this crime in Vietnam? 

Pursuant to Article 174 of the 2015 Penal Code as amended by Point c, Clause 3, Article 2 of the Law on Amendments to the Penal Code 2017 stipulates obtaining property by fraud as follows:

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.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

e) The offender employs deceitful methods to commit the offence;

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The property stolen is ≥ VND 500,000,000;

c) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

This person has the act of renting a car to obtain another person's property and then mortgages it at the mortgage shop in Vietnam. Therefore, this person has signs of committing obtaining property by fraud and with the value of two cars of nearly 1 billion VND, he can be sentenced to between 12 and 20 years in prison or life in prison. At the same time, he may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or all of his assets confiscated. 

What is crime for getting mortgage on rented cars without the owner due to commission of a crime in Vietnam?

According to the provisions of Article 1 and Article 2 of the Joint Circular 09/2011/TTLT-BCA-BQP-BTP-NHNNVN-VKSNDTC-TANDTC guiding application of provisions of the penal code on the crime of storing, mortgaging or consuming property committed by another person has the following:

Explain the terms of the crime of storing or consuming property committed by others as follows:

“Property acquired by another person who commits a crime” means property obtained by the offender directly from the commission of a crime (for example, property appropriated, embezzled, received a bribe, etc.) offenders gain from the sale or exchange of property directly from their commission of a crime (for example, motorbikes obtained from using embezzled money to buy).

...

Possession of property means one of the following acts: storing, concealing, preserving property; for asking, leasing a place to store, conceal and preserve such property.

Consumption of property means one of the following acts: buying, selling, renting, leasing, exchanging, pledging, mortgaging, depositing, depositing, giving, giving, or receiving property or assisting in the performance of those behaviors.

Pursuant to Article 323 of the 2015 Penal Code, storing or buying property obtained by crime is as follows:

1. Any person who, without prior promise, stores or buys a piece of property in the knowledge that it is obtained through another person's commission of a crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The illegal piece of property is assessed at from VND 100,000,000 to under VND 300,000,000;

d) The illegal profit earned is from VND 20,000,000 to under VND 100,000,000;

dd) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 10 years' imprisonment:

a) The illegal piece of property is assessed at from VND 300,000,000 to under VND 1,000,000,000;

b) The illegal profit earned is from VND 100,000,000 to under VND 300,000,000.

4. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The illegal piece of property is assessed at ≥ VND 1,000,000,000;

b) The illegal profit earned is ≥ VND 300,000,000;

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or have all or part of his/her property confiscated.

Thus, the person who in the knowledge that it is obtained through another person's commission of a crime but still mortgages this car, this person is consuming the property of the crime. This person commits the crime of storing or consuming property acquired by another person and is subject to a fine of between VND 10,000,000 and 100,000,000, a community sentence for up to 3 years or a prison term of between 6 months and 3 year. At the same time, there may be a fine of between VND 5,000,000 and VND 50,000,000 or have all or part of his/her property confiscated in Vietnam.

What is crime of borrowing another person's motorbike to mortgage and what are penalties in Vietnam?

According to Article 175 of the 2015 Penal Code as amended by Clause 35, Article 1 of the Penal Code Amendment Law 2017, abuse of trust to appropriate property is as follows:

1. A person who commits any of the following acts to obtain another person property which is assessed at from VND 4,000,000 to under VND 50,000,000, or under VND 4,000,000 while having incurred an administrative penalty for property appropriation or while having an unspent conviction for this offence or any of the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof, or the property obtained is the primary means of livelihood of the victim or the victim’s family shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so;

b) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender's inability to repay the loan or return the property.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property illegally obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

dd) The offender employs deceitful methods to commit the offence;

e) The offence has a negative impact on social security, order or safety;

g) Dangerous recidivism.

3. If the property illegally obtained is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 12 years' imprisonment.

4. If the property illegally obtained is assessed at from ≥ VND 500,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.

Pursuant to Article 174 of the 2015 Penal Code as amended by Point c, Clause 3, Article 2 of the Law on Amendments to the Penal Code 2017 stipulates obtaining property by fraud as follows:

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.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

e) The offender employs deceitful methods to commit the offence;

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The property stolen is ≥ VND 500,000,000;

c) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

If, after borrowing a car, that person intends to appropriate the car, this person is guilty of abuse of trust to appropriate property and shall be punished according to the above provisions in Vietnam.

If, before borrowing the car, this person intends to appropriate the car, this person is guilty of obtaining property by fraud and will be punished according to the above provisions in Vietnam.

Best regards!