When shall the act of obtaining property by fraud be liable to criminal prosecution in Vietnam?

What is the act of obtaining property by fraud in Vietnam?

Pursuant to Article 174 of the Criminal Code in 2015 (amended by Clause 3 Article 2 of the Law on Amendments to the Criminal Code in 2017) stipulating obtaining property by fraud as follows:

Obtaining property by fraud

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;

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;

g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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;

b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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;

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 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.

Therefore, the crime of obtaining property by fraud is the act of a person using fraudulent means to embezzle the property of another person, causing negative effects on security, order, and social safety.

When shall the act of obtaining property by fraud be liable to criminal prosecution in Vietnam? - Source: Internet

When shall the act of obtaining property by fraud be liable to criminal prosecution in Vietnam?

Pursuant to Clause 1 Article 174 of the Criminal Code in 2015 (amended by Clause 3.a Article 2 of the Law on Amendments to the Criminal Code in 2017) stipulating obtaining property by fraud as follows:

Obtaining property by fraud

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;

...

As regulations above, 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 criminal prosecution:

- The offender has incurred an administrative penalty for appropriation of property;

- The offender has an unspent conviction for theft of property or any of the criminal offences specified as follows:

+ Robbery (Article 168 of the Criminal Code in 2015)

+ Kidnapping for ransom  (Article 169 of the Criminal Code in 2015)

+ Extortion (Article 170 of the Criminal Code in 2015)

+ Snatching (Article 171 of the Criminal Code in 2015)

+ Blatant appropriation of property (Article 172 of the Criminal Code in 2015)

+ Theft of property (Article 173 of the Criminal Code in 2015)

+ Abuse of trust to appropriate property (Article 175 of the Criminal Code in 2015)

+ Appropriation of property using a computer network, telecommunications network or electronic device (Article 290 of the Criminal Code in 2015)

- The offence has a negative impact on social safety, order and security;

- The property illegally obtained is the primary means of livelihood of the victim and the victim's family;

What are penalties for the act of obtaining property by fraud according to the Criminal Code in Vietnam?

Pursuant to Article 174 of the Criminal Code in 2015 (amended by Clause 3 Article 2 of the Law on Amendments to the Criminal Code in 2017) stipulating obtaining property by fraud as follows:

Obtaining property by fraud

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;

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;

g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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;

b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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;

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 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.

According to the above regulations, a person who commits the crime of obtaining property by fraud may be sentenced to up to 03 years' community sentence, a penalty of 06 - 240 months' imprisonment, and in the most serious cases, life imprisonment. The specific punishment also depends on the investigation conclusion and the judgment of the court.

In addition, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding positions, prohibited from practicing or doing certain jobs for 1 to 5 years, or confiscated in part or in whole. of property.

Best regards!