What are penalties for students when stealing inside of schools in Vietnam?

What are penalties for students when stealing inside of schools in Vietnam?

In Section 3, Part 3 of Circular 08/TT in 1988, disciplinary forms are prescribed, specifically as follows:

3. Warning before school:

- Students committing either of the following violations while exercising school rules, rights and duties of their own shall be given warning before school by the student disciplinary panel:

- Not only fail to correct the misbehavior previously reprimanded by the student disciplinary panel but repeat it.

- Repeatedly play truant, cut classes, evade work or cheat in exams.

- Commit violations only once but its adverse effect is all-pervasive such as stealing or robbery inside and outside of schools; have rude words or misbehaviors toward teachers; tease or have uncivil words toward women and foreigners; show obvious signs of disturbing order and security; get detained by police; participate organized exchanges of blows or commit other violations of similar nature and adverse effect.

- Disciplinary action as warning before school shall be proposed by the student disciplinary panel. Decision and execution shall be made by headmasters. Such disciplinary action shall be recorded in students' school reports and informed to parents.

According to this Article, when a student who steals at school is detected, that student will be warned in front of the whole school.

What is fine for stealing property in Vietnam?

According to Clause 1, Clause 3, Article 15 of Decree 144/2021/ND-CP stipulating 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:

a) Stealing property, intruding into residential areas, warehouses or other places under the management of another person for the purpose of theft or appropriation of property

b) Blatantly appropriating property;

c) 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.

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

dd) Negligence that results in damage to property of the State, authorities, organizations and enterprises.

3. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of this Article.

b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

Thus, when students commit acts of stealing, they will be fined from VND 2,000,000 to VND 3,000,000 and also have the exhibits and means of violation with the above-mentioned theft acts in Vietnam.

To what extent is stealing to be liable for criminal prosecution in Vietnam?

Pursuant to Article 173 of the 2015 Penal Code as amended by Clause 34, Article 1 of the 2017 Penal Code Amendment Law, theft of property is as follows:

1. A person who steals 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 or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

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

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

dd) The property stolen is a relic.

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 stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

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

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

b) 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:

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

b) 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 5,000,000 to VND 50,000,000.

Depending on the value of stolen property, individuals who commit acts of stealing property will be subject to community sentence for up to 3 years or imprisonment from 6 months to 20 years in Vietnam. 

In addition, offenders may also be fined from VND 5,000,000 to VND 50,000,000.

Best Regards!