Penalties for fraudulent activities on e-commerce platforms in Vietnam

Penalties for fraudulent activities on e-commerce platforms in Vietnam​ (Image from the internet)

Common fraudulent acts on e-commerce platforms in Vietnam

- Creating fake stores

- Hiring people for fake order processing

- Packaging incorrect products

- Returning products that are not those of the seller

- Selling goods not as described

- Conspiring to defraud commissions from the platform

- Colluding with delivery staff to receive goods, cancel orders, make payments

- Delivering empty packages

(The above information is for reference purposes only)

Penalties for fraudulent activities on e-commerce platforms in Vietnam

* Individuals committing fraud to embezzle assets will be prosecuted for criminal liability for the crime of fraud to embezzle assets as stipulated in Article 174 of the Criminal Code 2015 (amended and supplemented in 2017), depending on the embezzled amount, different penalty frames will apply.

- Any person who fraudulently embezzles another person's property valued between 2,000,000 VND and under 50,000,000 VND or under 2,000,000 VND but in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

+ Has been administratively sanctioned for embezzlement but still commits violations;

+ Has been convicted for this crime or for one of the crimes stipulated in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, has not had the previous judgments expunged but still commits violations;

+ Causes adverse effects on security, order, or social safety;

+ The property is the primary means of livelihood for the victim and their family.

- Committing the crime in one of the following cases, the penalty is imprisonment from 2 years to 7 years:

+ Organized;

+ Professional in nature;

+ Embezzling property valued between 50,000,000 VND and under 200,000,000 VND;

+ Dangerous recidivism;

+ Abusing functions, duties, or abusing the name of agencies, organizations;

+ Using deceitful tricks;

- Committing the crime in one of the following cases, the penalty is imprisonment from 7 years to 15 years:

+ Embezzling property valued between 200,000,000 VND and under 500,000,000 VND;

+ Taking advantage of natural disasters, epidemics.

- Committing the crime in one of the following cases, the penalty is imprisonment from 12 years to 20 years or life imprisonment:

+ Embezzling property valued from 500,000,000 VND or more;

+ Taking advantage of war circumstances, emergency situation.

- The offender can also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding positions, banned from practicing certain professions or doing specific jobs from 1 year to 5 years, or confiscation of part or all of their property.

* Individuals who commit fraud on e-commerce, telecommunications, and internet platforms will be arrested, prosecuted for criminal liability, and subject to penalties under the crime of using computer, telecommunications, electronic means to embezzle assets under Article 290 of the Criminal Code 2015.

- Anyone using computer networks, telecommunications networks, or electronic means to commit one of the following acts, if not under the cases stipulated in Articles 173 and 174 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

+ Using information about the account, bank card of agencies, organizations, or individuals to embezzle assets from account or card owners or pay for goods and services;

+ Making, storing, buying, selling, using, and circulating counterfeit bank cards to embezzle assets from account or card owners or pay for goods and services;

+ Illegally accessing accounts of agencies, organizations, or individuals to embezzle assets;

+ Committing fraud in e-commerce, electronic payments, monetary transactions, capital raising, multi-level business, or stock transactions via networks to embezzle assets;

+ Setting up, providing unauthorized telecommunications and internet services to embezzle assets.

- Committing the crime in one of the following cases, the penalty is imprisonment from 2 years to 7 years:

+ Organized;

+ Committing the crime 2 times or more;

+ Professional in nature;

+ The number of counterfeit cards from 50 to under 200 cards;

+ Embezzling property valued between 50,000,000 VND and under 200,000,000 VND;

+ Causing damage from 50,000,000 VND to under 300,000,000 VND;

+ Dangerous recidivism.

- Committing the crime in one of the following cases, the penalty is imprisonment from 7 years to 15 years:

+ Embezzling property valued between 200,000,000 VND and under 500,000,000 VND;

+ Causing damage from 300,000,000 VND to under 500,000,000 VND;

+ The number of counterfeit cards from 200 to under 500 cards.

- Committing the crime in one of the following cases, the penalty is imprisonment from 12 years to 20 years:

+ Embezzling property valued from 500,000,000 VND or more;

+ Causing damage of 500,000,000 VND or more;

+ The number of counterfeit cards is 500 or more.

- The offender can also be fined from 20,000,000 VND to 100,000,000 VND, banned from holding positions, banned from practicing certain professions or doing specific jobs from 1 year to 5 years, or confiscation of part or all of their property.

Basic measures to prevent fraud on e-commerce platforms in Vietnam 

Fraudulent procedures and activities are increasingly sophisticated; thus, to avoid being defrauded on e-commerce platforms, always thoroughly research the seller, check product information, read previous buyer reviews, use secure payment methods, take photos and record videos when packaging/unpacking goods to ensure your personal rights.

(The above information is for reference purposes only)

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