What are the fines for destroying or deliberately damaging property of other people in Vietnam?

What are the fines for destroying or deliberately damaging property of other people 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 as follows:

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.

3. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of this Article.

b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

a) Enforced return of benefits illegally obtained from the commission of the violation in Points c, d and dd Clause 2 of this Article;

b) Mandatory return of the illegally appropriated property in case of commission of the violations in Points dd and e Clause 2 of this Decree.

c) Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of this Article.

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

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.

As regulations above, a fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for destroying or deliberately damaging property of organizations or individuals. In addition, the exhibits and means used for committing administrative violations shall be confiscated.

If the violator is an organization, the fine shall be from VND 6.000.000 to VND 10.000.000.

What are criminal responsibilites for destroying or deliberately damaging property of other people in Vietnam? 

Pursuant to Article 178 of the Criminal Code in 2015 (amended by Clause 36 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate destruction of property as follows:

1. Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impacts on social safety, order, and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

dd) The property destroyed is a souvenir or relic.

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 property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

c) The property destroyed is national treasure;

d) The offence is committed using a flammable substance or other dangerous methods;

dd) The offence is committed to conceal another crime;

e) The offence is committed because of the victim's official duties;

g) Dangerous recidivism.

3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.

5. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

As regulations above, any person who deliberately destroys another person's property shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

In addition, the offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

What are criminal responsibilities for destroying distrained property in Vietnam?

Pursuant to Article 385 of the Criminal Code in 2015 stipulating offenses against regulations on sealing, distraining property, freezing accounts as follows:

1. Any person who is responsible for management of distrained property, sealed property, sealed exhibits or frozen accounts but commits any of the following acts shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:

a) Breaking the seal or unfreezing the account without a decision of a competent person;

b) Using, transferring, swapping, hiding or destroying distrained property.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence results in misjudgment of the case;

b) The offence results in the failure of the suspect, the convict or the person responsible for executing the judgment to execute the judgment with an amount of ≥ VND 100,000,000.

3. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As regulations above, any person destroying distrained property in Vietnam shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Best regards!