What are the penalties for extortion in Vietnam under the Penal Code?

What are the penalties for extortion in Vietnam under the Penal Code? (Internet image)

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

1. What is extortion?

According to Clause 1, Article 170 of the Penal Code 2015 (amended in 2017), extortion is understood as an act of using violence, threat of violence otherwise intimidates another person to obtain his/her propert

2. What are the penalties for extortion in Vietnam under the Penal Code? 

Pursuant to Article 170 of the Penal Code 2015 (amended in 2017) stipulates that person who uses violence, threat of violence otherwise intimidates another person to obtain his/her property shall be handled as follows:

- Frame 1:

Any person who uses violence, threat of violence otherwise intimidates another person to obtain his/her property shall face a penalty of 01 - 05 years' imprisonment.

- Frame 2:

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 offence is committed in a professional manner;

+ The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

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

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

+ Dangerous recidivism;

- Frame 3:

This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

+ The offender takes advantage of a natural disaster or epidemic to commit the offence.

- Frame 4:

This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

+ The property obtained is assessed at ≥ VND 500,000,000;

+ The offender takes advantage of a war or state of emergency to commit the offence.

In addition, the offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or have all or part of his/her property confiscated.

3. Is crime of extortion eligible for suspended sentence in Vietnam?  

A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:

- Imprisonment for not more than 3 years.

- The person sentenced to prison has a personal identity that, apart from this offense, shows that the offender has complied with policies and laws and fully fulfilled the obligations of citizens in the place of residence or work.

+ For the person who has been convicted but is considered to have no criminal record, who is convicted but has had his/her criminal record cleared, a person who has been administratively sanctioned or disciplined but by the date of this offense has passed the time limit is considered to have not been administratively sanctioned or disciplined according to the provisions of law. If it is considered that the nature and seriousness of the crime have been committed in less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

+ For convicts who, when determining crimes, have used "disciplinary sanctions" or "have been administratively sanctioned" or "convicted" and fully meet other conditions, they may also be given a suspended sentence;

+ For convicts whose cases are separated to be resolved in different stages (separated into many cases) and meet other conditions, they may also serve suspended sentences.

- There are 02 or more extenuating circumstances of criminal liability, in which there is at least one extenuating circumstance for penal liability specified in Clause 1, Article 51 of the Penal Code 2015 and no circumstances aggravating the penal liability specified in Clause 1, Article 52 of the Penal Code 2015.

In cases where there are aggravating circumstances of penal liability, the number of extenuating circumstances of penal liability must exceed the number of aggravating circumstances of penal liability by 02 or more circumstances, including at least 1 mitigating circumstance of penal liability specified in Clause 1, Article 51 of the Penal Code 2015.

- Having a clear place of residence or a stable workplace for supervision and education by a competent agency or organization.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

- Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and their suspension does not pose a danger to society; or adversely affect security, social order, or safety.

Thus, if a person sentenced to prison for property appropriation fully meets the above conditions, he or she may be considered by the Court for a suspended sentence in accordance with the law.

(Article 2 of Resolution 02/2018/NQ-HDTP)

Nguyen Ngoc Que Anh

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