What is the imprisonment sentence for arresting people to collect debts in Vietnam?

What is the imprisonment sentence for arresting people to collect debts in Vietnam?

Pursuant to Article 157 of the Criminal Code in 2015 (amended by Clause 30 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal arrest, detention or imprisonment of a person in Vietnam as follows:

1. Any person who arrests, detains, or imprisons another person against the law, except in the circumstances specified in Article 153 and Article 377 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

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 offender misuses his/her position or power to commit the offence;

c) The offence is committed against a law enforcement officer in performance of his/her official duties;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) The offence is committed against a person under 18, a women whose pregnancy is known by the offender, an elderly, sick, or defenseless person.

g) The offence results in extreme financial hardship of the victim or his/her family;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

3. This offence committed in any of the following circumstances shall carry a penalty of 05 - 12 years' imprisonment:

a) The offence results in the victim's death or suicide;

b) The victim is tortured or treated in a brutal and inhuman way, or the victim's dignity is destroyed;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%.

4. The offender might be forbidden from holding certain positions for 01 - 05 years.

As regulations above, a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment shall be imposed for arresting people to collect debts in Vietnam. The offender might be forbidden from holding certain positions for 01 - 05 years.

The specific fine level depends on the level of behavior and decision of the Court.

Shall people under 18 face criminal responsibility for for arresting people to collect debts in Vietnam?

Pursuant to Clause 2 Article 91 of the Criminal Code in 2015 (amended by Clause 14 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rules for taking actions against juvenile offenders in Vietnam as follows:

2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

As regulations above, people under 18 who commits a crime and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility in accordance with the law.

What are penalties for arresting people under 16 in Vietnam?

Pursuant to Article 153 of the Criminal Code in 2015 (amended by Clause 29 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating abduction of a person under 16 in Vietnam as follows:

1. Any person who uses violence, threatens to use violence, deceives or otherwise commits any of the following acts shall face a penalty of 05 - 10 years' imprisonment:

2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender's position or power;

c) The offence is committed against a person for whom the offender is responsible for providing care;

d) The offence is committed against 02 - 05 people.

dd) The offence has been committed more than once;

e) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence is committed in a professional manner;

b) The offence involves ≥ 06 workers under 16;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

d) The offence results in the death of the victim;

dd) Dangerous recidivism.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As regulations above, any person who illegally arrests people under 16 in Vietnam shall face a penalty of 05 - 10 years' imprisonment. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

The specific fine level depends on the level of behavior and decision of the Court.

Best regards!