What are the penalties for fabricating an organization's seal or documents and use thereof under the Penal Code in Vietnam?

What are the penalties for fabricating an organization's seal or documents and use thereof under the Penal Code in Vietnam? (Internet image)

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

1. What are the penalties for fabricating an organization's seal or documents and use thereof under the Penal Code?

According to Article 341 of the Penal Code 2015 (amended in 2017), the crime of using fake documents from agencies and organizations is stipulated as follows:

- Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 24 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence has been committed more than once;

+ The offence involves 02 - 05 fabricated seals or documents;

+ The fabricated seal or document is used to commit a less serious crime or a serious crime;

+ The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;

+ Dangerous recidivism.

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ The offence involves ≥ 06 fabricated seals or documents;

+ The fabricated seal or document is used to commit a very serious crime or extremely serious crime;

+ The illegal profit earned is ≥ VND 50,000,000

- The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

Thus, any person who fabricates an organization's seal or document or uses it to commit an illegal act, depending on the nature and severity of the crime, and is prosecuted for criminal liability, can be prosecuted for a maximum of 7 years in prison, in addition to being fined up to 50,000,000 VND.

2. Crime of falsification and use of certificates or documents of organizations in Vietnam

Pursuant to Article 340 of the Penal Code 2015, the crime of falsification and use of certificates or documents of organizations is prescribed as follows:

- Any person who falsifies the content of a passport, visa, household registration book, civil registration document, certificate or another document of an agency or organization and uses it to commits a criminal offence or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall receive a warning, 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.

- This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

+ The offence has been committed more than once;

+ The falsified document is used to commit a very serious crime or extremely serious crime.

- The offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Thus, anyone who arbitrarily alters certificates or documents of agencies or organizations, depending on the nature and severity of the crime, can be prosecuted for a maximum prison term of up to 5 years. In addition, the offender may also be fined from 5,000,000 VND to 20,000,000 VND and banned from holding certain positions, practicing certain professions, or doing certain jobs for 1–5 years.

Nguyen Ngoc Que Anh

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