What are penalties for obtaining property by fraud in Vietnam?

What are penalties for obtaining property by fraud in Vietnam?

Pursuant to Article 174 of the 2015 Penal Code as amended by Article 2 of the 2017 Penal Code Amendment, obtaining property by fraud is as follows:

1. A person who uses deception to obtain another person's property which is 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 theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 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; 

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 offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

e) The offender employs deceitful methods to commit the offence;

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;

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 or life imprisonment:

a) The property stolen is ≥ VND 500,000,000;

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 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Thus, according to the above provisions in Vietnam, people convicted of obtaining property by fraud in Vietnam may be subject to penalties ranging from community sentence to imprisonment from 12 to 20 years or life imprisonment. In addition, the offenders may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain positions or doing certain works.

Are there penalties of imprisonment for concealment of obtaining property by fraud in Vietnam?

In Clause 1, Article 389 of the 2015 Penal Code, as amended by Article 1 of the Penal Code Amendment Law 2017, there are provisions on the crime of concealing crimes as follows:

1. Any person who, without prior promises, conceals any of the following crimes, except in the circumstances specified in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:

a) Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121;

b) Article 123, Clauses 2, 3 and 4 of Article 141, Article 142, Article 144, Clause 2 and Clause 3 of Article 146, Clauses 1, 2 and 3 of Article 150, Articles 151, 152, 153 and 154;

c) Article 168, Article 169, Clauses 2, 3 and 4 of Article 173, Clauses 2, 3 and 4 of Article 174, Clauses 2, 3 and 4 of Article 175, Clauses 2, 3 and 4 of Article 178;

d) Clause 3 and Clause 4 of Article 188, Clause 3 of Article 189, Clause 2 and Clause 3 of Article 190, Clause 2 and Clause 3 of Article 191, Clause 2 and Clause 3 of Article 192, Clauses 1, 2, 3 and 4 of Article 193, Clauses 1, 2, 3 and 4 of Article 194, Clause 2, 3 and 4 of Article 195, Clause 2 and Clause 3 of Article 196, Clause 3 of Article 205, Clauses 2, 3 and 4 of Article 206, Article 207, Article 208, Clause 2 and Clause 3 of Article 219, Clause 2 and Clause 3 of Article 220, Clause 2 and Clause 3 of Article 221, Clause 2 and Clause 3 of Article 222, Clause 2 and Clause 3 of Article 223, Clause 2 and Clause 3 of Article 224;

dd) Clause 2 and Clause 3 of Article 243;

e) Articles 248, 249, 250, 251, 252 and 253, Clause 2 of Article 254, Articles 255, 256, 257 and 258, Clause 2 of Article 259;

g) Clauses 2, 3 and 4 of Article 265, Articles 282, 299, 301, 302, 303 and 304, Clauses 2, 3 and 4 of Article 305, Clauses 2, 3 and 4 of Article 309, Clauses 2, 3 and 4 of Article 311, Clause 2 and Clause 3 of Article 329;

h) Clauses 2, 3 and 4 of Article 353, Clauses 2, 3 and 4 of Article 354, Clauses 2, 3 and 4 of Article 355, Clause 2 and Clause 3 of Article 356, Clauses 2, 3 and 4 of Article 357, Clauses 2, 3 and 4 of Article 358, Clauses 2, 3 and 4 of Article 359, Clauses 2, 3 and 4 of Article 364, Clauses 2, 3 and 4 of Article 365;

i) Clause 3 and Clause 4 of Article 373, Clause 3 and Clause 4 of Article 374, Clause 2 of Article 386;

k) Articles 421, 422, 423, 424 and 425.

According to this Article, a person who is not a grandfather, grandmother, father, mother, child, grandchild, sibling, spouse, or husband of the offender who commits acts without prior promise, but after knowing the crime was committed who have concealed the offenders from obtaining property by fraud in Vietnam in Clauses 2, 3 and 4, Article 174 of the Penal Code, they may be subject to community sentence for up to 3 years or imprisonment of between 6 months and 5 years.

Is it possible to be considered mitigating factors for prior criminal record for obtaining property by fraud in Vietnam? 

In Clause 1, Article 51 of the 2015 Penal Code, as amended by Article 1 of the Penal Code Amendment Law 2017, the following circumstances are extenuating circumstances for penal liability:

1. The following circumstances are considered mitigating factors:

a) The offender has prevented or reduced the harm caused by the crime;

b) The offender voluntarily makes rectification, pays damages or relieves the consequences;

c) The crime is considered unjustified force in self-defense;

d) The crime is considered unjustified force in urgent circumstance;

dd) The crime is considered unjustified force in capturing a criminal;

e) The crime is committed under provocation caused by the victim's illegal acts;

g) The crime is committed because of extreme hardship that is not on the offender's account;

h) The crime has not inflicted damage or the damage inflicted is not significant;

i) The offender commits a less serious crime and does not have prior criminal record;

k) The crime is committed because the offender threatened or coerced by others;

l) The offender commits the crime while because of lack of awareness that is not on his/her account;

m) The crime is committed due to obsolescence;

n) The offender is a pregnant woman;

o) The offender is 70 years of age or older;

p) The offender has a serious physical disability or extremely serious physical disability;

g) The offender has a disease that limits his/her awareness or control of his/her acts;

r) The offender turns himself/herself in;

s) The offender expresses cooperative attitude and/or contrition;

t) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

u) The offender has made reparation in an effort to atone for the crime;

v) The offender is an excellent worker, soldier or student;

x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

According to this Article, committing a less serious crime and not having prior criminal record is considered a mitigating factors of criminal liability in Vietnam. In the case of a person obtaining property by fraud, it is necessary to consider what crime he has committed before and how he committed the crime.

Best Regards!