Penalties for deliberate destruction of property in Vietnam

Penalties for deliberate destruction of property in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Adminisatrion sanctions for deliberate destruction of property in Vietnam

According to Point a, Clause 2, Article 15 of Decree 144/2021/ND-CP, a fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for destroying or intentionally damaging property of individuals or organizations organization, except for violations specified at Point b, Clause 3, Article 21 of Decree 144/2021/ND-CP;

2. Criminal liability for deliberate destruction of property in Vietnam

- Any person who deliberately destroy another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property which is a relic or item of historical or cultural value or property which is assessed at under VND 2,000,000 in any of the following circumstances 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:

+ The offender has incurred an administrative penalty for appropriation of property;

+ The offender has an unspent conviction for the same offence;

+ The offence has a negative impact on social safety, order and security;

+ The property destroyed is the primary means of livelihood of the victim and the victim's family; the property obtained is a souvenir, memento or religious item that has a spiritual value to the victim.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

+ The property damaged is national treasure;

+ The offence is committed using a flammable substance or other dangerous methods;

+ The offence is committed to conceal another crime;

+ The offence is committed because of the victim's official duties;

+ The property damaged is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

+ Dangerous recidivism.

- Committing the crime of deliberate destruction of property valued between VND 200,000,000 and under VND 500,000,000, the offenders shall be sentenced to between 5 and 10 years of imprisonment.

- Committing the crime of deliberate destruction of property valued at VND 500,000,000 or more, the offenders shall be sentenced to between 10 and 20 years of imprisonment.

- In addition, the offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Thus, depending on the nature and seriousness of the crime, the person who commits deliberate destruction of property will be punished according to the provisions of the law.

(Article 178 of the Penal Code 2015)

3. Principles of compensation for damage caused by acts of deliberate destruction of property in Vietnam

According to Article 585 of the Civil Code 2015, the principles of compensation for damage are as follows:

- Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in instalments; and on the method of compensation.

- The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial positions of such person.

- If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.

- If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.

- The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.

Thus, the party causing damage to the property of another person must be responsible for compensating for the damage. In case, the aggrieved party is at fault in causing damage, he/she is not entitled to compensation for damage caused by his/her fault.

Nguyen Ngoc Que Anh

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