How much property value does it constitute storing or buying property obtained by crime in Vietnam?

How much property value does it constitute storing or buying property obtained by crime in Vietnam?

Pursuant to Article 323 of the 2015 Penal Code stipulates 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.

According to the regulations in Vietnam, those who do not promise in advance but harbor and consume property knowing that it was obtained by other people who commit crimes, shall be subject to criminal sanctions as above. Therefore, property value is not a mandatory condition for accusation, prosecution under this crime.

If person commits storing property obtained by crime, will he receive a suspended sentence in Vietnam?

Pursuant to Article 1 and Article 2 of Resolution 02/2018/NQ-HDTP, Point a, Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP stipulates:

Article 1. Suspension

A suspended sentence is a measure of exemption from serving a conditional prison sentence, applied by the Court to offenders sentenced to imprisonment for not more than 3 years, based on the offender's identity and mitigating circumstances that no need to force them to serve a prison sentence.

Article 2. Conditions for persons sentenced to imprisonment to enjoy suspended sentences

A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:

1. Being sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has the identity that, in addition to this crime, the offender abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.

a) For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;

c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, they may also enjoy suspended sentences.

3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstances specified in Clause 1, Article 52 of the Penal Code .

In case there are aggravating circumstances for penal liability, the number of extenuating circumstances of penal liability must be greater than the number of aggravating circumstances of penal liability by 02 or more, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code.

4. Having a clear place of residence or a stable place of work for competent agencies and organizations to supervise and educate.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and the suspension of sentences does not pose a danger to society; not adversely affect security, social order and safety.

Therefore, if the offender is sentenced to imprisonment for not more than 3 years, based on the offender's identity and mitigating circumstances, it is deemed that it is not necessary to serve the prison sentence and satisfy the above conditions, may receive a suspended sentence in Vietnam.

Note: Cases are not entitled to suspended sentences.

Offenders are the masterminds, leaders, commanders, stubbornly opposers, thugs, use cunning tricks, are professional in nature, take advantage of positions and powers for personal gain, and intentionally cause special consequences.

The person who commits the crime has fled and has been wanted or requested by the procedure-conducting agencies, unless he has surrendered before a decision to bring the case to trial is issued.

The person serving a suspended sentence commits a new crime during the probationary period; the person serving a suspended sentence is tried for another crime committed before receiving the suspended sentence.

Offenders are tried at the same time for more than one crime, except for one of the following cases: The offender is a person under 18 years of age; The offender is tried and convicted for two crimes, both of which are less serious crimes or the offender is an aide in the case of an accomplice with an insignificant role.

Offenders in cases of recidivism, dangerous recidivism...

Best regards!