Can stealing chickens or ducks from a neighbor be prosecuted for criminal responsibility in Vietnam?

Can stealing chickens or ducks from a neighbor be prosecuted for criminal responsibility in Vietnam?

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 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.

Therefore, according to the above regulations, people who steal property worth 2,000,000 VND or more may be prosecuted.

Your neighbor, Mr. M, stole 10 chickens and 10 ducks (according to the market price you provided, the value of these 10 chickens and 10 ducks is more than 2,000,000 VND). Therefore, Mr. M will be prosecuted. The length of Mr. M's prison sentence will depend on the severity of his actions, the results of the investigation, and the decision of the execution agency.

What are administratives penalties for stealing chickens or ducks from a neighbor in Vietnam?

Pursuant to Clause 1 and 3, 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:

1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:

a) Stealing property, intruding into residential areas, warehouses or other places under the management of another person for the purpose of theft or appropriation of property

b) Blatantly appropriating property;

c) 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.

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

dd) Negligence that results in damage to property of the State, authorities, organizations and enterprises.

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

3. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of this Article.

b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

a) Enforced return of benefits illegally obtained from the commission of the violation in Points c, d and dd Clause 2 of this Article;

b) Mandatory return of the illegally appropriated property in case of commission of the violations in Points dd and e Clause 2 of this Decree.

c) Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of this Article.

Therefore, according to the above regulations, people who steal chickens and ducks from their neighbors but the value is less than 2 million VND will be administratively punished with a fine of between 2 million VND and 3 million VND. In addition, the person will also have the stolen property confiscated.

Are people under 16 years old who steal chickens or ducks from neighbors prosecuted for criminal offenses in Vietnam?

Pursuant to Clause 2 Article 12 of the Criminal Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

Therefore, according to the above regulations, people under the age of 16 who steal chickens and ducks from their neighbors will be prosecuted if they commit a very serious or extremely serious crime.

Best regards!