How many years of imprisonment for destruction of other people's property in Vietnam? How much is fine for destruction of other people's property in Vietnam?

How many years of imprisonment for destruction of other people's property in Vietnam?

In Article 178 of the 2015 Penal Code as amended by Clause 36, Article 1 of the Penal Code Amendment Law 2017, deliberate destruction of property is 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 may 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.

Thus, if your brother destroys your property according to the value of the destroyed property, your brother can be imprisoned for a maximum of 20 years according to the law in Vietnam.

How much is fine for destruction of other people's property in Vietnam?

Article 15 of Decree 144/2021/ND-CP stipulates 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.

According to this Article, for the act of destroying your friend's property, in addition to being liable for criminal prosecutions, your brother may also be fined from VND 3,000,000 to VND 5,000,000, and be forced to recover damaged property to its original condition.

What are regulations on liability to compensate for damage when destroying other people's property in Vietnam?

In Article 584 of the 2015 Civil Code, grounds giving rise to liability to compensate for damage are as follows:

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

In addition, Article 589 of the 2015 Civil Code provides for damage caused by infringement of property as follows:

In the event of an infringement of property, the compensable damage shall comprise:

1. Property which was lost, destroyed or damaged;

2. Interests associated with the use and exploitation of the property was lost or declined;

3. Reasonable costs for the prevention, mitigation and remedy of the damage;

4. Other damage as prescribed by law.

Therefore, in case a person intentionally causes damage or destroys another person's property, in addition to being subject to the prescribed penalties, he must also pay compensation for the damage caused by the infringing property to the damage sufferer according to the provisions of law in Vietnam. 

Best Regards!