In today’s society, methods of fraudulent misappropriation of property are becoming increasingly sophisticated and unpredictable. This is one of the most common crimes, causing significant financial losses and seriously affecting the rights of individuals, organizations, and social order. The Vietnamese Penal Code clearly stipulates criminal liability for fraudulent misappropriation of property, with different penalty ranges depending on the nature and seriousness of the offense. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is fraudulent misappropriation of property?

According to Article 174 of the 2015 Penal Code (amended in 2017), fraudulent misappropriation of property is defined as:

• Using deceitful means to misappropriate another person’s property.

• The deceitful act must be the direct reason why the property owner or manager transfers the property to the offender.

Criminal Liability for Fraudulent Misappropriation of Property

2. Legal elements of fraudulent misappropriation of property

An act is considered a crime when it meets the following elements:

• Object: The lawful ownership rights of individuals and organizations.

• Subject: A person aged 16 or older with criminal liability capacity.

• Objective element: There must be a deceitful act (providing false information, falsifying documents, etc.), leading to the misappropriation of property.

• Subjective element: The offender has direct intent, with the purpose of misappropriation.

Criminal Liability for Fraudulent Misappropriation of Property

3. Penalties for fraudulent misappropriation of property

Article 174 of the Penal Code provides for the following penalty levels:

• Non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years: When the misappropriated property is valued at VND 2 million to under VND 50 million, or under VND 2 million but under special circumstances.

• Imprisonment from 2 to 7 years: When misappropriating property worth from VND 50 million to under VND 200 million, or committing the crime in an organized manner.

• Imprisonment from 7 to 15 years: When misappropriating property worth from VND 200 million to under VND 500 million.

• Imprisonment from 12 to 20 years or life imprisonment: When misappropriating property worth VND 500 million or more.

In addition, offenders may face a fine ranging from VND 10 million to VND 100 million, confiscation of property, or prohibition from holding certain positions or practicing certain professions for 1 to 5 years.

The crime of fraudulent misappropriation of property is a dangerous act, strictly punished under Vietnamese criminal law. To prevent it, individuals and organizations must remain vigilant and cautious when engaging in financial transactions or contracts. If you become a victim, you should immediately report to the police and seek assistance from a criminal defense lawyer to protect your lawful rights and interests.

APOLO LAWYERS