Penalties for abuse of trust to appropriate property in Vietnam

Penalties for abuse of trust to appropriate property in Vietnam (Internet image)

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

1. Penalties for abuse of trust to appropriate property in Vietnam

The penalty frame for the crime of abuse of trust to appropriate property is specified in Article 175 of the Penal Code 2015 (amended in 2017) as follows:

* Frame 1:

A person who commits any of the following acts to obtain another person property which is assessed at from VND 4,000,000 to under VND 50,000,000, or under VND 4,000,000 while having incurred an administrative penalty for property appropriation or while having an unspent conviction for this offence or any of the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 of the Penal Code 2015, or the property obtained is the primary means of livelihood of the victim or the victim’s family shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

- Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so;

- Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender's inability to repay the loan or return the property.

* Frame 2:

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 offence is committed in a professional manner;

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

- The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

- The offender employs deceitful methods to commit the offence;

- The offence has a negative impact on social security, order or safety;

- Dangerous recidivism.

* Frame 3:

If the property illegally obtained is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 12 years' imprisonment.

* Frame 4:

If the property illegally obtained is assessed at from ≥ VND 500,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.

* Additional penalties:

The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.

2. Distinguishing between the crimes of obtaining property by fraud and the crime of abuse of trust to appropriate property

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