Recently, there was the incident of 02 Metro wagons of Metro line 1 (Ben Thanh - Suoi Tien) located in the depot sprayed, painted on the hull. This has seriously affected the image of the trains in Vietnam. So how is this behavior going to be handled?
Article table of contents
What crime can a man who paints on Metro Subway be prosecuted for in Vietnam? (Illustration)
If the value of property destroyed or intentionally damaged in Vietnam is 02 million dong or more and it is determined that the person causing this act is qualified for the act and the age of criminal liability, he/she may be prosecuted for the crime of destroying or intentionally damaging property according to Article 178 The Criminal Code 2015 (amended and supplemented in 2017), having the highest penalty of up to 20 years' imprisonment, specifically:
- Any person who destroys or deliberately damages another person's property assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following cases shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
+ They have been administratively sanctioned in Vietnam for one of the acts specified in this Article but still commit it;
+ The offender has a previous conviction for the same offence which has not been expunged;
+ The offence has a negative impact on social safety, order, and security;
+ Property is the main means of earning a living of the victims and their families in Vietnam;
+ Assets are relics and antiques in Vietnam.
- This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonment:
+ Organized
+ The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;
+ The property illegally used is national treasure;
+ The offence is committed using a flammable substance or other dangerous methods;
+ To conceal other crimes;
+ The offence is committed because of the victim's official duties;
+ Dangerous recidivism in Vietnam.
- If the property damage is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment in Vietnam.
- If the property damage is assessed at VND 500,000,000 or over, the offender shall face a penalty of 10 - 20 years' imprisonment in Vietnam.
In addition, a fine of up to VND 100 million may be imposed.
If the criminal liability is not yet reached, it may be administratively sanctioned under Clause 2, Article 15 of Decree 144/2021/ND-CP, with the highest fine of up to VND 05 million in Vietnam. In details:
"Article 15. Violation of regulations on damage to property of other organizations or individuals
...
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Destroying or deliberately damaging property of individuals or organizations, except for the case of violation of the provisions of Point b, Clause 3, Article 21 of Decree 144/2021/ND-CP;...”
Thus, depending on the nature and extent of the acts, the person who draws on the metro wagon may be administratively sanctioned or even prosecuted for criminal responsibility in Vietnam.
