When do person who steals another person's property not have to face imprisonment penalties in Vietnam?

When do person who steals another person's property not have to face imprisonment penalties in Vietnam?

Pursuant to Clause 2, Article 173 of the Penal Code 2015 as amended by Clause 34, Article 1 of the Law amending the Penal Code 2017, theft of property is as follows:

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

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

In addition, in Clause 3, Article 29 of the 2015 Penal Code, basis for exemption from criminal responsibility are as follows:

3. The person who involuntarily commits a less serious crime or a serious crime and causes damage to life, health, honor or property of others will be exempt from criminal responsibility if the aggrieved person or his/he representative voluntarily seeks reconciliation and requests exemption from criminal responsibility

Thus, according to current regulations in Vietnam, if a person commits a less serious crime and is voluntarily reconciled by the victim or the victim's representative and proposes to be exempt from criminal responsibility, he/she may be exempt from criminal responsibility. 

However, compared to the case you mentioned in Vietnam, you are not eligible to be exempt from criminal responsibility because here the theft of your property is a serious case, so in this case your fault must be an unintentional mistake to be considered for exemption from criminal responsibility.

Cases of reduced sentence in Vietnam

According to Article 54 of the 2015 Penal Code as amended by Clause 7, Article 1 of the Law amending the Penal Code 2017, decision on a sentence below lower limit of the sentence bracket. is applied as follows:

1. The Court may decide a sentence lighter than the lower limit of the current sentence bracket if it is in the next lighter bracket provided the offender has at least two mitigating factors specified in Clause 1 Article 51 hereof.

2. The Court may decide a sentence below the lower limit of the current sentence bracket and it is not required to belong to the next lighter bracket provided the offender is an abettor with a minor role in the offense and does not have prior criminal record.

3. If all of the conditions specified in Clause 1 or Clause 2 of this Article are satisfied but there is only one sentence bracket, or the current sentence bracket is already most lenient, the Court may pass a sentence that is lighter than the sentence bracket or switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be specified in the judgment.

According to this Article, your remedial action is one mitigating factor. If you have one more mitigating factor specified in Article 51 of this Code, you may be entitled to a reduction of sentence lighter than the lower limit of the current sentence bracket if it is in the next lighter bracket in Vietnam.

Best Regards!