What are administrative and criminal penalties for blatantly appropriating another person's property in Vietnam?
What are administrative penalties for blatantly appropriating another person's property in Vietnam? What are regulations on criminal penalties for blatantly appropriating another person's property in Vietnam?
What are administrative penalties for blatantly appropriating another person's property in Vietnam?
Pursuant to Point b, Clause 1, Article 15 of Decree 144/2021/ND-CP stipulates 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.
Therefore, the administrative sanction for the act of blatantly appropriating other people's property will be fined from VND 2,000,000 to VND 3,000,000 according to the above provisions and confiscate the exhibits and means of violation when performing the above act in Vietnam.
What are regulations on criminal penalties for blatantly appropriating another person's property in Vietnam?
Pursuant to Article 172 of the 2015 Penal Code stipulates as follows:
1. A person who indiscriminately takes property 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 looting or any of the criminal offences specified in Article 168, 169, 170, 171, 173, 174, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
b) The offender attacks other people to escape;
c) Dangerous recidivism.
d) The property obtain is emergency or humanitarian relief;
dd) The property appropriated is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The property appropriated is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
c) 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 obtained is ≥ VND 500,000,000;
b) The property appropriated is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.
c) 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 10,000,000 to VND 100,000,000.
Thus, the criminal sanctions for the crime of blatantly appropriating another person's property in Vietnam depends on the nature of the property's value, which applies the above sentences.
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