These days, I saw that there are people forging someone's signature to commit crimes or to process work quickly. Therefore, I would like to know the penalties for the act or signature forgery in Vietnam? - Ngoc Anh (Vinh Long, Vietnam)
Article table of contents
Vietnam: Signature forgery may result in imprisonment sentence (Source: Internet)
1. Administrative sanction for signature forgery
1.1. Administrative sanction for acts of signature forgery in notarization and authentication activities
- Point b, Clause 6, Article 15 of Vietnam's Decree 82/2020/ND-CP stipulating a fine of between VND 25 million and VND 35 million for acts of forging signatures of notaries.
- Point a, Clause 2, Article 34 of Vietnam's Decree 82/2020/ND-CP stipulating a fine of between VND 3 million and VND 5 million for acts of forging signatures of authenticators.
1.2. Administrative sanction for acts of signatures forgery in registration of security interests for judgment enforcement
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for forging the signature of the registration requester in the registration request form or the signature in the written notice of distraint or release of distraint. property for civil judgment enforcement under Clause 2, Article 54 of Vietnam's Decree 82/2020/ND-CP.
In addition, the additional sanctioning form is also subject to confiscation of the registration request form, written notice of distraint or release of property distraint for civil judgment enforcement.
1.3. Administrative sanction for acts of forging the author's signature in the work
Acts of forging an author's signature in a work shall be subject to an administrative fine of between VND 10 million and VND 15 million. At the same time, forcible destruction of material evidence of violation according to Article 19 of Vietnam's Decree 131/2013/ND-CP.
1.4. Administrative sanctions for acts of signatures forgery in accounting work
A fine ranging from VND 5 million to VND 10 million shall be imposed for the act of signatures forgery which make the signature inconsistent with the sample signature registered according to Point d, Clause 2, Article 8 of Vietnam's Decree 41/2018/ND-CP.
2. Criminal liability for acts of signatures forgery
Persons who commit acts of signatures forgery may be examined for criminal liability under Article 359 of the Criminal Code 2015 (amended 2017) as follows:
- Any person who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit any of the following acts shall face a penalty of 01 - 05 years' imprisonment:
+ Falsifying a document;
+ Fabricating a document or issuing a fabricated document;
+ Forging an office holder's signature.
- This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
+ The offence is committed by an organized group;
+ The offender is the person in charge of making or issuing documents;
+ The offence involves 02 - 05 fabricated documents.
- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
+ The offence involves 05 - 10 fabricated documents;
+ The offence is meant to serve the commission of a less serious crime or serious crime.
- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
+ The offence involves ≥ 11 fabricated documents;
+ The offence is meant to serve the commission of very serious crime or extremely serious crime.
- The offender might also be liable to a fine of VND 10,000,000 - VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, those who commit acts of forging other people's signatures may be administratively sanctioned with fines depending on the field prescribed by law or may be examined for penal liability for forgery. in employment with a prison term of 1 to 5 years.
Quoc Dat
- Key word:
- signature forgery in Vietnam
