What is time limit for investigation for property theft in Vietnam? What should I do if I bought the stolen motorbike in Vietnam?

What is time limit for investigation for property theft in Vietnam?

My house was stolen about 200,000,000 VND, reported to the police, What is time limit for investigation for this crime? Because it's been over a month but still no results.

Reply:

Pursuant to Article 172 of the 2015 Criminal Procedure Code, time limit for investigation is as follows:

1. The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.

2. If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.

An investigation is extended as follows:

a) An investigation into misdemeanors may be extended once for 02 more months;

b) An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;

c) An investigation into horrific felonies may be extended twice, for 04 more months each time;

d) An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.

According to Clause 3, Article 173 of the Penal Code 2015 as amended by Clause 34, Article 1 of the Penal Code Amendment Law 2017, 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.

According to Clause 2, Article 1 of the Penal Code Amendment Law 2017, the classification of crimes is as follows:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

=> Thus, based on the above provisions in Vietnam, the act of stealing property can be punished by 07 to 15 years in prison and is a very serious crime. Therefore, the investigation time limit is not more than 4 months and can be extended for another 4 months for complicated cases.

What should I do if I bought the stolen motorbike in Vietnam?

Two months ago, I bought a motorbike on Cho Tot app, but I didn't know it was a stolen motorbike. I only found out when I was detained by the police agency for a traffic violation while taking my statement, I was able to point out the name and address of the person who sold or exchanged the motorbike for me and that person was also called by the police agency to work, please ask a lawyer in this case if I have violated the law, if I violate, what are violation? What should I do to ensure my rights before the police agency?

Reply:

Pursuant to Article 117 of the 2015 Civil Code stipulating the effective conditions of civil transactions according to which:

1. A civil transaction shall be effective when it satisfies all of the following conditions:

a) Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

b) Participants in the transaction act entirely voluntarily;

c) The purpose and contents of the transaction are not contrary to the law and/or social ethics.

2. The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law.

Thus, the sale of the vehicle due to a crime will make your civil transaction invalid. So, based on Article 117 of the 2015 Civil Code, the car purchase transaction is invalid and Article 131 of the Civil Code applies:

1. An invalid civil transaction shall not give rise to, change or terminate any civil rights and obligations of the parties as from the time the transaction is entered into.

2. When a civil transaction is invalid, the parties shall restore everything to its original state and shall return to each other what they have received.

If the restitution is not able to make in kind, it may paid in money.

3. A bona fide person in receiving yield and/or income is not required to return such yield and/or income.

4. The party at fault which caused damage must compensate therefore.

5. The settlement of consequences of invalid civil transactions regarding personal rights shall be prescribed in this Code and relevant laws.

On the other hand, based on Article 323 of the 2015 Penal Code, which provides for storing or buying property obtained by crime, the specifics are 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.

For the above reasons in Vietnam, if in case you do not know that it is a motorbike due to a violation of the law, you will not commit a crime, you can report to the police agency about the behavior of the motorbike seller and sue this person in court to ask for a refund of the amount equivalent to the value of the motorbike you bought.

If my brother steals orchids worth 7 million VND, will he be handled in Vietnam?

My brother stole an orchid worth about 7 million VND for a minute because of greed. Their family asked the police to investigate and trace that my brother took it. After that, my brother sincerely confessed and returned it to the owner. This is my first time committing a crime, good character, my family is a cultural family for many years, with a grandfather who was a martyr during the anti-French period. what criminal prosecution will my brother be liable?

Reply:

Article 173 of the Penal Code 2015, as amended in 2017, provides:

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.

In this case, your brother stole property worth 7 million VND, he could be prosecuted under Clause 1, fined community sentence for up to 03 years or imprisoned from 06 months to 03 years. In case your brother has overcome the consequences, declared urgently and the family has revolutionary merits, he can be reduced, the specific sentence is decided by the Court.

Best regards!