Unlawful Profiteering: How Much Money from Usurious Lending Leads to Imprisonment?

Question: How much unlawful profit from usurious lending is needed to face imprisonment? Please provide advice.

Based on Article 201 of the Criminal Code 2015, Point i Clause 2 Article 2 of the Amended Criminal Code 2017 stipulates the crime of usury in civil transactions as follows:

  1. Any person who, in civil transactions, lends with an interest rate 5 times or more the highest rate prescribed in the Civil Code, unlawfully profits from 30,000,000 VND to less than 100,000,000 VND, or who has been administratively sanctioned for this act or has been convicted of this crime, but has not had their conviction expunged and continues to violate, shall be subject to a fine from 50,000,000 VND to 200,000,000 VND or non-custodial reform for up to 3 years.

  2. Committing the crime and unlawfully profiting 100,000,000 VND or more shall be subject to a fine from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 6 months to 3 years.

  3. The offender may also be subject to an additional fine from 30,000,000 VND to 100,000,000 VND, prohibition from holding certain positions, practicing certain professions or performing certain jobs from 1 year to 5 years.

Thus, committing the crime of usury that unlawfully profits 100,000,000 VND or more can result in imprisonment from 6 months to 3 years.

Sincerely!

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