According to the Criminal Code of Vietnam, what are regulations on theft of property?

According to the Criminal Code of Vietnam, what are regulations on theft of property?

Pursuant to Article 173 of the Criminal Code in 2015 (amended by Clause 34, Article 1 of the Law on Amendments to the Criminal Code in 2017) stipulating theft of property in Vietnam as follows:

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.

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 stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

3. 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.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' 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 5,000,000 to VND 50,000,000.

According to the Criminal Code of Vietnam, what are regulations on obtaining property by fraud?

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 in Vietnam 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.

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 Criminal Code of Vietnam, what are regulations on abuse of trust to appropriate property?

Pursuant to Article 175 of the Criminal Code in 2015 (amended by Clause 35, Article 1 of the Law on Amendments to the Criminal Code in 2017) stipulating abuse of trust to appropriate property in Vietnam as follows:

1. A person who commits any of the following acts to obtain another person property which is assessed at from VND 4,000,000 to under VND 50,000,000, or under VND 4,000,000 while having incurred an administrative penalty for property appropriation or while having an unspent conviction for this offence or any of the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof, or the property obtained is the primary means of livelihood of the victim or the victim’s family shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so;

b) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender's inability to repay the loan or return the property.

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 illegally obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

dd) The offender employs deceitful methods to commit the offence;

e) The offence has a negative impact on social security, order or safety;

g) Dangerous recidivism.

3. If the property illegally obtained is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 12 years' imprisonment.

4. If the property illegally obtained is assessed at from ≥ VND 500,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.”.

36. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 178 are amended as follows:

“1. Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impacts on social safety, order, and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

dd) The property destroyed is a souvenir or relic.

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 property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

c) The property destroyed is national treasure;

d) The offence is committed using a flammable substance or other dangerous methods;

dd) The offence is committed to conceal another crime;

e) The offence is committed because of the victim's official duties;

g) Dangerous recidivism.

3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Best regards!