According to the law in Vietnam, what are regulations on embezzlement of public funds? What are imprisonment sentences for embezzlement of public funds in Vietnam?

According to the law in Vietnam, what are regulations on embezzlement of public funds?

Currently, there is no specific definition of embezzlement of public funds in Vietnamese law. However, embezzlement of public funds can be referred an illegal act in which a person or organization uses or steals money from the funds or financial resources of an organization, company, or other organization that they are not authorized to do so.

According to the law in Vietnam, what are regulations on embezzlement of public funds? What are imprisonment sentences for embezzlement of public funds in Vietnam? - Source: Internet

What are imprisonment sentences for embezzlement of public funds in Vietnam?

Pursuant to Article 353 of the Criminal Code in 2015 (amended by Clause 1.r Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating embezzlement as follows:

Embezzlement

1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

a) The offender was disciplined for the same offence;

b) The offender has an unspent conviction for any of the offences specified in Section 1 of this Chapter .

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves deceitful or dangerous methods;

c) The offence has been committed more than once;

d) The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;

dd) The money or property embezzled was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas;

e) The property damage caused by the offence is assessed at from VND 1,000,000,000 to under VND 3,000,000,000;

g) The offence has a negative impact on life of officials, public employees and workers of an agency or organization.

3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

a) The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The property damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 5,000,000,000;

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

d) The offence result in bankruptcy or shutdown of another enterprise or organization.

4. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

a) The property embezzled is assessed at ≥ VND 1,000,000,000;

b) The property damage caused by the offence is assessed at ≥ VND 5,000,000,000.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

6. Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article.

Therefore, a person who embezzles public funds by abusing their position or authority in order to embezzle money from an organization or business will be prosecuted with imprisonment from 2 years to 20 years, life imprisonment, or the death penalty.

In addition, the offender will be banned from holding certain positions for a period of 1 to 5 years, may be fined from 30,000,000 VND to 100,000,000 VND, and have all or part of their property confiscated.

In which cases shall a person who embezzles public funds be exempt from criminal responsibility in Vietnam?

Pursuant to Clause 2 Article 29 of the Criminal Code in 2015 (amended by Clause 1.a Article 2 of the Law on amendments to the Criminal Code in 2017), a person who embezzles public funds shall be exempt from criminal responsibility in Vietnam in following cases:

- The situation is changed during the process of investigation, prosecution or trial and accordingly, the offender is no longer dangerous to society;

- The offender has a fatal disease during the process of investigation, prosecution or trial and no longer poses a threat to society;

- The offender confesses his/her crime, contributes to the crime discovery and investigation; minimizes the damage inflicted by his/her crime, have made reparation or special contributions that are recognized by the State and society.

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