According to the law in Vietnam, what is the crime for falsifying documents of agencies or organizations to fraudulently appropriate property?

According to the law in Vietnam, what is the crime for falsifying documents of agencies or organizations to fraudulently appropriate property?

As prescribed in Clause 10 of Section I of Official Dispatch 212/TANDTC-PC 2019, the following provisions are stipulated:

A person who commits the act of forging documents of an organization or agency to defraud and embezzle property will be prosecuted for the crime of fraud or the crime of using counterfeit stamps or documents of an organization or agency

The act of forging documents of an organization or agency to defraud and embezzle property has infringed upon two different objects protected by the Penal Code (as stipulated in Articles 174 and 341 of the Criminal Code), so if the act has all the elements of a crime, it will be prosecuted for both the crime of fraud (Article 174) and the crime of forgery of stamps, documents of an organization or agency; the crime of using counterfeit stamps or documents of an organization or agency (Article 341).

Therefore, if the act of forging the stamp of an organization or agency has all the elements of a crime, the individual will be prosecuted for both the crime of fraud and the crime of forgery of stamps, documents of an organization or agency; the crime of using counterfeit stamps or documents of an organization or agency.

What are the fines for an individual who publicly appropriates the property of another organization or individual in Vietnam?

Pursuant to Clause 1 and Clause 3, Article 15 of Decree 144/2021/ND-CP stipulating handling violations of regulations on causing damage to the property of other organizations and individuals as follows:

1. Fine from VND 2,000,000 to VND 3,000,000 for one of the following acts:

a. Theft of property, entering into the area of a house, warehouse or other place under the management of another person for the purpose of theft or appropriation of property;

b. Public appropriation of property;

c. Using fraudulent or fraudulent means or absconding to appropriate property or, at the time of returning property borrowed, rented, or rented from another person or received property from another person in the form of a contract, although having the conditions and ability, but intentionally does not return;

d. Failure to return property to another person borrowed, rented, or rented from another person or received property from another person in the form of a contract, but using that property for illegal purposes leading to the inability to return the property;

đ. Negligence causing damage to the property of the State, agencies, organizations, and enterprises.

3. Supplementary penalties:

a. Confiscation of violative property and means for acts specified in points a, b, c, and d of Clause 1 and points a, b, c, and đ of Clause 2 of this Article;

b. Deportation of foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.

Pursuant to Clause 2, Article 4 of Decree 144/2021/ND-CP stipulating as follows:

2. The fines stipulated in Chapter II of this Decree are the fines applied to administrative violations of individuals. For organizations with the same violation, the fine is twice the fine for individuals.

Therefore, when an individual publicly appropriates the property of another organization or individual, the individual will be fined from VND 2,000,000 to VND 3,000,000. In addition, the violative property and means will be confiscated for this violation.

What is the prison sentence for an individual who takes advantage of a natural disaster or epidemic to appropriate property in Vietnam?

Pursuant to Clause 3 and 5, Article 174 of the Criminal Code in 2015 stipulating obtaining property by fraud as follows:

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.

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.

With this regulation, a person who takes advantage of a natural disaster or epidemic to appropriate property will be sentenced to imprisonment from 7 to 15 years.

In addition, the person may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding certain positions, banned from practicing certain activities for a period of time from 1 year to 5 years, or have part or all of their assets confiscated.

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