According to the law in Vietnam, will people who are given a phone from the theft of 130 phones be imprisoned if they do not return it?

According to the law in Vietnam, will people who are given a phone from the theft of 130 phones be imprisoned if they do not return it?

Pursuant to Article 323 of the Criminal Code in 2015 stipulating storing or buying property obtained by crime as follows:

1. Any person who, without prior promise, stores or buys a piece of property in the knowledge that it is obtained through another person's commission of a crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The illegal piece of property is assessed at from VND 100,000,000 to under VND 300,000,000;

d) The illegal profit earned is from VND 20,000,000 to under VND 100,000,000;

dd) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 10 years' imprisonment:

a) The illegal piece of property is assessed at from VND 300,000,000 to under VND 1,000,000,000;

b) The illegal profit earned is from VND 100,000,000 to under VND 300,000,000.

4. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The illegal piece of property is assessed at ≥ VND 1,000,000,000;

b) The illegal profit earned is ≥ VND 300,000,000;

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or have all or part of his/her property confiscated.

Therefore, according to the law, people who are given phones from the theft of 130 phones without returning them may be imprisoned from 6 months to 3 years. In addition, depending on the value of the stolen property and the judgment of the court, people who are given phones without returning them may be subject to the highest penalty of 15 years' imprisonment.

According to the law in Vietnam, will people who are given a phone from the theft of 130 phones be imprisoned if they do not return it? - Source: Internet

What are the fines for using a phone given from the theft of 130 phones in Vietnam?

Pursuant to Clause 2 Article 15 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on causing damage to property of other organizations or individuals as follows:

2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Destroying or deliberately damaging property of organizations or individuals, except for violations mentioned in Point b Clause 3 Article 21 of this Decree;”.

b) Using deception or creating circumstances to force another person into giving money or property;

c) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;

d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;

dd) Using, buying, selling, mortgaging, illegally pledging or impounding property of another person;

e) Extorting property without bringing criminal prosecution.

As regulations above, people who use phones that are given from the theft of 130 phones may be fined from 3,000,000 VND to 5,000,000 VND under the law.

What are regulations on confiscation of 130 stolen phones in Vietnam?

Pursuant to Article 47 of the Criminal Code in 2015 (amended by Clause 1.b Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating confiscation of money and items directly related to the crime as follows:

1. Expropriation or destruction shall be applied to:

a) Instruments, vehicles used for the commission of the crime;

b) Items or money earned from the commission of the crime or from selling, exchanging them; illegal profits earned from the commission of the crime;

c) Items banned from trading and possession by the State.

2. Items and money illegally appropriated or used by the offender shall be returned to their lawful owners or managers instead of being confiscated.

3. Items, money under the ownership of a person might be confiscated if such person allows the offender to use them for the commission of the crime.

As regulations above, 130 phones, which were stolen, shall be returned to their lawful owners or managers instead of being confiscated.

Best regards!