Is embezzlement punishable by death in Vietnam?

Is embezzlement punishable by death in Vietnam?

In Clause 4, Article 353 of the 2015 Penal Code, embezzlement is as follows:

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.

However, Article 40 of the Penal Code 2015 provides for death sentence as follows:

1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

3. The life sentence shall not be executed in the following circumstances:

a) The convict is pregnant or a woman raising a child under 36 months of age;

b) The sentenced person is 75 years of age or older;

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

Thus, according to the law in Vietnam, anyone who commits the crime of embezzlement can be sentenced to death. However, in cases where the offenders, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime, that person's punishment will be gradually reduced to life sentence.

How much is embezzlement to be liable for criminal prosecution in Vietnam?

In Clause 1, Article 353 of the 2015 Penal Code, embezzlement is as follows:

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 .

According to this Article, any person who embezzles property valued at VND 2,000,000 or more or under VND 2,000,000 and has been disciplined for the same offence or has an unspent conviction for any of the offencesspecified in Section 1 of this Chapter, those who have not yet been expunged, but continue to commit them, shall be liable for criminal prosecution in Vietnam.

In what cases is embezzlement administratively sanctioned in Vietnam?

In Article 12 of Decree 63/2019/ND-CP, penalties for appropriation of public property are as follows:

1. Fines shall be imposed for appropriation of public property if not liable to criminal prosecution (holding and using public property without permission given by competent authorities). To be specific:

a) A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the public property is worth less than VND 100,000,000;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the public property is worth VND 100,000,000 or more;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for appropriating working office, public service facility or car.

2. Additional penalties: The exhibits/ instrumentalities of the violation prescribed in Clause 1 of this Article shall be confiscated.

3. Remedial measures: The organization or individual that commits the violation in Clause 1 of this Article shall also be liable to the following remedial measures:

a) The violating organization or individual is compelled to restore the original conditions of the property which has been damaged by the violation. In case of failure to restore the original conditions of the property, the violating organization or individual is required to pay an amount of money equivalent to the value of property or provide another property which has the same uses and value with the original property;

b) The violating organization or individual is compelled to transfer to the state budget an amount of money equivalent to the property rental during the property appropriation period. Property rental shall be determined according to Clause 4 Article 7 hereof.

Thus, if there is an act of embezzlement but not to the extent of being liable for criminal prosecution as in the above cases, a fine of between VND 1,000,000 and VND 20,000,000 will be imposed in Vietnam. In addition to the fine mentioned above, the material evidences and means used to commit the violation will also be confiscated and the consequences must be remedied as prescribed above.

Best Regards!