If a pawn shop receives a motorbike as collateral that is obtained by theft, will there be a penalty in Vietnam?

If a pawn shop receives a motorbike as collateral that is obtained by theft, will there be a penalty in Vietnam?

In Clause 5, Article 12 of Decree 144/2021/ND-CP, there are regulations on violations against regulations on management of business lines subject to security and order conditions as follows:

5. A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:

a) Taking advantage of the business line subject to security and order conditions to commit acts that are contrary to fine traditions and ethics;

b) Receiving collateral that is obtained by theft, fraud, appropriation or crime but not liable to criminal prosecution;

c) Providing security services using violence or threat to use violence for the purpose of threatening, obstructing normal operation of an organization or individual, or infringe upon lawful rights and interests of an organization or individual;

d) Using violence, threatening to use violence or using other illegal methods to collect debts;

dd) Forging the certificate of security and order or certificate of security guard training;

e) Using a forged certificate of security and order or certificate of security guard training,

6. Additional penalties:

c) 3 - 6 months suspension of the license, practicing certificate, certificate of security and order in case of violations specified in Point e Clause 3 and Points c, e and g Clause 4 of this Article;

b) 6 – 9 months suspension of the license, practicing certificate, certificate of security and order in case of violations specified in Points h and q Clause 3; Point d Clause 4 and Clause 5 of this Article;

c) Suspension of operation for 06 – 09 months in case of violations specified in Point q Clause 3; Point a Clause 4 of this Article;

d) Confiscation of the exhibits and means of administrative violations in case of violations specified Points b, c, h, m, n and r Clause 3; Points c and k Clause 4, and Points b, dd and e Clause 5 of this Article;

dd) Expulsion of foreigners committing the violations specified in Clauses 3, 4 and 5 of this Article.

7. Remedial measures:

a) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points dd, i, k, l, m, n and r Clause 3; Points d, dd and k Clause 4 and Point b Clause 5 of this Article;

b) Mandatory return of the certificate of security and order or certificate of security guard training in case of violations specified in Point d Clause 3 of this Article.

According to this Article, if a pawn shop accepts a stolen motorbike, the fine will range from 20,000,000 VND to 40,000,000 VND. In addition, the right to use the License, Practicing Certificate, Certificate of satisfaction of security and order conditions can be revoked for a period of 6 to 9 months and forced to return illegal profits in Vietnam.

How much is fine for receiving the family register as pledge in Vietnam?

In Clause 2, Article 9 of Decree 144/2021/ND-CP, there are regulations on violations against regulations on residence management and registration as follows:

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Erasing, changing or otherwise falsifying the family register, temporary residence register, residence certification, other residence documents;

b) Buying, selling, leasing out the family register, temporary residence register, residence certification, other residence documents for commission of illegal acts;

c) Borrowing, lending or using the family register, temporary residence register, residence certification, other residence documents for commission of illegal acts;

d) Residing in a new lawful residence without completing procedures for change of residence despite eligibility therefor;

dd) Operating a lodging establishment, tenement, treatment facility, tourist accommodation or any other lodging facility without notifying the accommodation of 1 - 3 guests;

e) Enticing, tempting, persuading, brokering, forcing another person to violate residence laws;

g) Pledging the family register, temporary residence register, residence documentation or receiving them as pledge;

h) Destroying the family register, temporary residence register, residence documentation.

6. Remedial measure:

Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points b and g Clause 2 and Point a Clause 3 of this Article.

According to this Article, the act of receiving the family register as pledge in Vietnam will be fined from 1,000,000 VND to 2,000,000 VND. At the same time, forced to return illegal profits.

Best regards!