What are penalties for obtaining money transfer through banks by fraud in Vietnam?

What are penalties for obtaining money transfer through banks by fraud in Vietnam?

Pursuant to Article 174 of the 2015 Penal Code amended by Point c, Clause 3, Article 2 of the Law amending the 2017 Penal Code, the crime of fraudulent appropriation of property is stipulated 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; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.

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.

Thus , the person who uses deception to obtain your property which is assessed at 40 million may be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years. If they fall into the case in Clause 2, they will be sentenced to imprisonment from 02 years to 07 years. In addition, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions or doing certain jobs for 01 to 05 years or having part or all of his money confiscated in Vietnam.

What are penalties for obtaining money transfer through banks by fraud in Vietnam? (Image from the Internet)

Which agency should I report a person committing fraud in Vietnam?

According to Article 145 of the 2015 Criminal Procedure Code, regulations on responsibilities and authority to receive and process denunciations, criminal information disclosed and requisitions for charges are as follows:

1. All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.

2. The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:

a) Investigation authorities and procuracies that obtain denunciations, information and requisitions;

b) Other authorities that take in denunciations and criminal information disclosed.

3. The authority to handle denunciations, information and charge requests is given to:

a) Investigation authorities processing intra vires denunciations, information and requisitions;

b) Units assigned to investigate process denunciations and criminal information disclosed within its powers;

c) The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.

4. The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.

According to this Article, you can submit it at the place where the offender lives or at the place where the fraud occurred or at the Investigation Agency, Procuracy, or court according to the law in Vietnam. In this case, you know where that person lives and works, you can file a complaint at the police station where that person lives and works for quick resolution.

Best regards!