How is the crime of abuse of trust to appropriate property specifically regulated?
1. Any person who commits one of the following acts to appropriate another person’s property valued from VND 4,000,000 to under VND 50,000,000, or valued under VND 4,000,000 but who has previously been administratively sanctioned for an act of property appropriation, or has been convicted of this crime or of one of the crimes prescribed under Articles 168, 169, 170, 171, 172, 173, 174, and 290 of the Penal Code, and whose criminal record has not been expunged but continues to reoffend, or where the appropriated property is the primary means of livelihood of the victim and their family, shall be subject to non-custodial reform of up to 03 years or imprisonment from 06 months to 03 years, if falling under one of the following circumstances:
a) Borrowing, leasing, or receiving property from another person under a contractual arrangement and then using fraudulent means or absconding to appropriate such property, or deliberately failing to return the property upon the due date despite having the conditions and ability to do so;
b) Borrowing, leasing, or receiving property from another person under a contractual arrangement and then using such property for illegal purposes leading to the inability to return it.
2. The offender shall be sentenced to between 02 and 07 years of imprisonment if the crime is committed in one of the following circumstances:
a) In an organized manner;
b) In a professional manner;
c) Appropriating property valued from VND 50,000,000 to under VND 200,000,000;
d) Abusing position, power, or the name of an agency or organization;
e) Employing cunning tricks;
g) Causing adverse impacts on security, order, and social safety;
h) Dangerous recidivism.
3. The offender shall be sentenced to between 05 and 12 years of imprisonment if appropriating property valued from VND 200,000,000 to under VND 500,000,000.
4. The offender shall be sentenced to between 12 and 20 years of imprisonment if appropriating property valued at VND 500,000,000 or more.
5. In addition, the offender may also be subject to a monetary fine ranging from VND 10,000,000 to VND 100,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for a period of 01 to 05 years, or confiscation of part or all of their property.
Legal basis: Article 175 – Crime of Abuse of Trust to Appropriate Property, as amended and supplemented by the 2017 Criminal Code.
