Is surrogacy subject to criminal liability in Vietnam? Are brokering stolen goods liable for criminal prosecution in Vietnam?

Is surrogacy subject to criminal liability in Vietnam?

I was brokered by someone else to become a surrogate mother, they offer to pay me 350 million VND. So let me ask, will I be liable for criminal prosecution for the crime in Article 187?

Answer: According to Article 187 of the 2015 Criminal Code, it stipulates surrogacy for commercial purposes, specifically as follows:

1. A person who organizes surrogacy for commercial purposes shall be liable for a fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offence is committed against 02 or more people;

b) The offence has been committed more than once;

c) The offence is committed in the name of an agency or organization;

d) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Thus, the law prosecutes the act of organizing surrogacy for commercial purposes, while the surrogate mother is not criminally prosecuted for this crime in Vietnam.

Are brokering stolen goods liable for criminal prosecution in Vietnam?

I would like to ask lawyer: Under what penalty frame is act of brokering stolen goods liable for criminal prosecution? Hope to receive an answer.

Answer: According to Clause 2, Article 2, Joint Circular 09/2011/TTLT-BCA-BQP-BTP-NHNNVN-VKSNDTC-TANDTC regulates act of consuming property obtained from crime as follows: Consuming property is one of the following acts: buying, selling, renting, leasing, exchanging, pledging, mortgaging, depositing, consigning, giving, donating, receiving property or helping to carry out such acts.

Thus, act of brokering for others to buy, sell, rent, lease, exchange, pledge, mortgage, deposit, consign, give, donate, or receive property is considered an act of Consuming property obtained from crime.

On the other hand, Article 323 of the 2015 Criminal Code stipulates:

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.

Thus, depending on the level of behavior, assets, and value of brokerage assets, there will be different penalty frames in Vietnam.

We respond to you.

Is surrogacy subject to criminal liability in Vietnam? Are brokering stolen goods liable for criminal prosecution in Vietnam? (Image from the Internet)

Will an interest rate loan of 3 thousand VND/ 1 million/ 1 day be liable for criminal prosecution in Vietnam? 

I borrowed money from a mortgage facility with an interest rate of 3 thousand VND/ 1 million/ 1 day. So I wonder if the borrower will be liable for criminal prosecution?

Answer: According to Clause 1, Article 468 of the 2015 Civil Code, it is stipulated:

1. The rate of interest for a loan shall be as agreed by the parties.

The rate of interest for a loan agreed by the parties may not exceed 20% per year, unless otherwise prescribed by law. According to actual conditions and at the proposal of the Government, the Standing Committee of National Assembly shall adjust the above interest and send report to the National Assembly at the latest session.

If the agreed interest exceeds the maximum interest prescribed in this Clause, the agreed interest shall become invalid.

According to the information you provided, you borrowed 10 million VND from the mortgage facility with an interest rate of 3 thousand VND/ 1 million/ 1 day, which is 0.3%/day, equivalent to 108%/year.

On the other hand, Clause 1, Article 201 of the 2015 Criminal Code stipulates:

1. Any person who offers loans at an interest rate that is five times higher than the maximum interest rate specified in the Civil Code and earns an illegal profit of from VND 30,000,000 to under VND 100,000,000 or recommits this offence despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence.

2. If the illegal profit earned is ≥ VND 100,000,000, the offender shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of 06 - 36 months' imprisonment.

3. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

So the interest rate that the mortgage facility lends you is 5 times the ceiling interest rate (20%/year), so the behavior of that mortgage facility will be prosecuted for criminal liability for usury in civil transactions in Vietnam. 

Best regards!