What are penalties for fabricating state organization's seal or documents in Vietnam?

What are penalties for fabricating state organization's seal or documents in Vietnam?

Pursuant to Article 341 of the 2015 Penal Code as amended by Clause 126, Article 1 of the 2017 Penal Code Amendment Law, which stipulates fabricating an organization's seal or documents and use thereof as follows:

1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves 02 - 05 fabricated seals or documents;

d) The fabricated seal or document is used to commit a less serious crime or a serious crime;

dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;

e) Dangerous recidivism.

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

a) The offence involves ≥ 06 fabricated seals or documents;

b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;

c) The illegal profit earned is ≥ VND 50,000,000

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

Thus, those who forge seals and documents of state agencies and are liable for criminal prosecution can face for a maximum of 7 years imprisonment, in addition, can be fined from 5,000,000 VND to 50,000,000 VND in Vietnam. 

The level of punishment depends on each case, the circumstances and the case file to serve as a basis for the Court's decision.

How much is fine for forging seals and documents for individuals in Vietnam?

According to Article 13 of Decree 144/2021/ND-CP, violations against regulations on management and use of seals are as follows:

1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

a) Failure to apply for reissuance of the certificate of seal registration after its loss;

b) Failure to apply for reissuance of the certificate of seal registration after it is lost;

c) Failure to notify the relevant organization of the seal design before use;

d) Failure to issue internal regulations on management and use of the organization's own seal.

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

a) Removing the seal from the organization without permission of a state official or the head of the organization;

b) Failure to re-register the seal design as prescribed by law;

c) Failure to submit to seal inspection; failure to present the seal, the certificate of seal registration upon request for inspection of the seal registration authority;

d) Failure to send a written notice to the authority that issued the certificate of seal registration and the police authority of the commune where the seal is lost within 02 working days from the day on which the loss of the seal is discovered;

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

a) Failure to turn the seal in under the decision of a competent authority or the seal registration authority;

b) Appending the seal to a document that does not have the signature of the competent person or has the seal of an unauthorized person;

c) Borrowing, lending, giving lease, taking lease, pledging, buying, selling the seal, illegally destroying the seal; using the seal of another organization for operation;

d) Using an expired seal;

dd) Deliberately deform or change content of a registered seal;

e) Forging the certificate of seal registration;

g) Using an seal without registration;

h) Failure to return the seal and the certificate of seal registration upon issuance of the a competent authority's decision on division, merger or consolidation, or revocation of the certificate of business registration or operation license, or business suspension or termination; or upon receipt of a competent authority's request for of the seal as prescribed by law;

i) Erasing, falsifying the certificate of seal registration.

4. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:

a) Forging documents to make an additional seal of an organization or state official;

b) Forging a seal or using a fake seal;

c) Appropriating, illegaling trading seals;

d) Illegally destroying seals.

5. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Points c, e and g Clause 3 and Points a and b Clause 4 of this Article;

b) Expulsion of foreigners committing the violations specified in Clauses 3 and 4 of this Article.

6. Remedial measures:

a) Mandatory return of the seal, the certificate of seal registration in case of violations specified in Point b Clause 2; Points a, d and dd Clause 3 and Point c Clause 4 of this Article;

b) Mandatory destruction of documents that are illegally sealed in case of violations specified in Point b Clause 3 of this Article;

c) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Point c Clause 3 and Point c Clause 4 of this Article;

d) Mandatory return of the certificate of seal registration in case of violations specified in Point I Clause 3 of this Article.

According to this Article, those who forge seals or use fake seals or forge documents to make additional seals of state agencies, organizations or titles will be administratively fined from VND 5,000,000 to VND 10,000,000 in Vietnam.

In addition, the material evidences and means of violation shall be confiscated and the illegal profits obtained from the commission of violations shall be returned in Vietnam.

Are people under 16 years old forging seals or documents of state agencies liable for criminal prosecution in Vietnam? 

In Article 12 of the Penal Code 2015 as amended by Clause 3, Article 1 of the 2017 Penal Code Amendment Law stipulates the age of criminal responsibility as follows:

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

Thus, people under 16 years old who forge seals and documents of state agencies will not be liable for criminal prosecution for this crime. However, people under 16 years of age when committing violations may be subject to other penalties for violations in Vietnam.

Best Regards!