Shall a 03 years' community sentence imposed upon a person injuring himself/herself to receive insurance benefits in Vietnam?

Article 213. Fraud in insurance business (amended and supplemented under Law on amendments to the Criminal Code in 2017)

"1. Anyone who commits any of the following acts to misappropriate insurance money from VND 20,000,000 to less than VND 100,000,000 or cause damage from VND 50,000,000 to less than VND 200,000,000, not falling under the cases stipulated in Articles 174, 353, and 355 of this Code, shall be fined from VND 30,000,000 to VND 100,000,000 or subject to non-custodial reform for up to 03 years:

a) Colluding with the beneficiary of the insurance benefits to unlawfully settle claims or pay insurance amounts;

b) Forging documents, intentionally falsifying information to deny insurance settlements or payment after the insured event has occurred;

c) Forging documents, intentionally falsifying information in the insurance claim dossier for compensation or payment;

d) Self-inflicting damage to property or health to claim insurance benefits, unless stipulated otherwise by law."

Article 332. Evasion of military service obligations (2015 Criminal Code)

1. Anyone who does not comply with the laws on military service registration, fails to comply with the call for enlistment, the call for training, and has been administratively sanctioned for such acts or has been convicted of this crime, has not had the conviction expunged, and commits it again, shall be subject to non-custodial reform for up to 02 years or imprisoned from 03 months to 02 years.

2. Committing the crime under one of the following circumstances shall be imprisoned from 01 year to 05 years:

a) Self-inflicting injury or causing harm to their own health;

b) Committing the crime during wartime;

c) Inducing others to commit the crime.

Article 333. Failure to comply with call-up orders for reservists (2015 Criminal Code)

1. Anyone being a reservist who fails to comply with the call-up order during general mobilization, partial mobilization, wartime, or the need to strengthen the standing force of the army to defend the locality and territorial sovereignty, shall be subject to non-custodial reform for up to 03 years or imprisoned from 06 months to 03 years.

2. Committing the crime under one of the following circumstances shall be imprisoned from 02 years to 07 years:

a) Self-inflicting injury or causing harm to their own health;

b) Inducing others to commit the crime.

Article 403. Evasion of duty (2015 Criminal Code)

1. Anyone who self-inflicts injury, causes harm to their health, or uses other deceitful means to evade duty, shall be subject to non-custodial reform for up to 02 years or imprisoned from 03 months to 02 years.

2. Committing the crime under one of the following circumstances shall be imprisoned from 02 years to 07 years:

a) Being a commander or officer;

b) Inducing others to commit the crime;

c) During wartime;

d) While performing rescue and relief duties;

đ) In an emergency situation;

e) Causing serious consequences.

3. Committing the crime causing very serious or especially serious consequences shall be imprisoned from 05 years to 10 years.

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