What are regulations on calling mobile phones for the purpose of appropriating property of others in Vietnam?

What are regulations on calling mobile phones for the purpose of appropriating property of others in Vietnam?

Pursuant to Article 15 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on causing damage to property of other organizations or individuals in Vietnam as follows:

Violations against regulations on causing damage to property of other organizations or individuals

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.

2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Destroying or deliberately damaging property of organizations or individuals, except for violations mentioned in Point b Clause 3 Article 21 of this Decree;”.

b) Using deception or creating circumstances to force another person into giving money or property;

c) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;

d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;

dd) Using, buying, selling, mortgaging, illegally pledging or impounding property of another person;

e) Extorting property without bringing criminal prosecution

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

Maximum fines, organizations incurring administrative penalties

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2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

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As regulations above, a fine of from VND 2.000.000 to VND 5.000.000 shall be imposed on individuals for calling mobile phones for the purpose of appropriating property of others in Vietnam. If the violator is an organization, the fine shall be from VND 4.000.000 to VND 10.000.000.

What criminal responsibilities shall people calling mobile phones for the purpose of appropriating property of others in Vietnam face?

Pursuant to Article 174 of the Criminal Code in 2015 (amended by Clause 3 Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating penalties 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:

- The offender has incurred an administrative penalty for appropriation of property;

- 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;

- The offence has a negative impact on social safety, order and security;

- 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:

- The offence is committed by an organized group;

- The offence is committed in a professional manner;

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

- Dangerous recidivism;

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

- The offender employs deceitful methods to commit the offence;

- The property obtained 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:

- The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

- 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:

- The property stolen is ≥ VND 500,000,000;

- The offender takes advantage of a war or state of emergency to commit the offence.

In addition, the violator shall also face a fine ranging from 10.000.000 VND đến 100.000.000 VND. He/she shall be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

How to report spam messages and calls in Vietnam?

Pursuant to Article 12 of the Decree 91/2020/NĐ-CP stipulating rights and obligations of users as follows:

Rights and obligations of users

1. Forwards information about spam messages, spam emails and spam calls to the system for receiving anti-spam feedbacks of AIS or that of providers of telecommunications, Internet and emailing services.

2. Decide whether to receive or refuse to receive advertisements.

3. Cooperate with providers of telecommunications, Internet, mailing services, advertisers and competent authorities in the fight against spam messages, spam emails and spam calls.

Pursuant to Article 36 of the Decree 91/2020/NĐ-CP stipulating transition clauses as follows:

Transition clauses

Within 90 days from the effective date of this Decree, telecommunication enterprises shall send electronic documents about declared brandnames to AIS.

Within 180 days from the effective date of this Decree, AID shall publish the list of lawful brandnames according to the documents provided by telecommunication enterprises. Declared brandnames that are not on the list shall undergo the procedures for issuance of new brandnames specified in Articles 24, 25, 26 of this Decree.

Within 90 days from the effective date of this Decree, AIS shall move the system for receiving feedbacks about spam messages from 456 prefix to 5656 prefix.

Article 33 on addition of Clause 3a and Clause 3b to Article 95 of Decree No. 15/2020/NĐ-CP shall be effective on March 01, 2021.

As regulations above, when receiving spam messages and calls in Vietnam, users shall forward information about spam messages, spam emails and spam calls to the system for receiving anti-spam feedbacks of AIS or to 5656 prefix.

Best regards!