In 2024, the defendant Trương Mỹ Lan was sentenced by the People’s Court of Ho Chi Minh City to life imprisonment for the crime of fraudulent appropriation of property (over VND 30,000 billion), 12 years’ imprisonment for the crime of money laundering (over VND 445,000 billion), and 08 years’ imprisonment for the crime of illegal transportation of currency across the border (over VND 106,000 billion).
So, what does the Penal Code specifically stipulate? This article provides a comprehensive summary of these three offenses, as follows:
1. Crime of Fraudulent Appropriation of Property
Any person who, by fraudulent means, appropriates another person’s property valued from VND 2,000,000 to under VND 50,000,000, or property valued under VND 2,000,000 but falling under one of the following circumstances, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) The offender has been administratively sanctioned for an act of appropriation of property but continues to reoffend;
b) The offender has been convicted of this offense or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of the Penal Code, has not had the conviction expunged, and continues to reoffend;
c) The act causes adverse effects on security, order, or social safety;
d) The property appropriated is the principal means of livelihood of the victim and their family; or the property is a keepsake, relic, or worship object of particular spiritual value to the victim.
If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 02 years to 07 years:
a) Committed in an organized manner;
b) Committed in a professional manner;
c) Appropriating property valued from VND 50,000,000 to under VND 200,000,000;
d) Dangerous recidivism;
đ) Abusing position, power, or the name of an agency or organization;
e) Using deceitful or sophisticated methods.
If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 07 years to 15 years:
a) Appropriating property valued from VND 200,000,000 to under VND 500,000,000;
c) Taking advantage of natural disasters or epidemics.
If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 12 years to 20 years, or life imprisonment:
a) Appropriating property valued at VND 500,000,000 or more;
c) Taking advantage of wartime circumstances or a state of emergency.
The offender may also be subject to a fine of VND 10,000,000 to VND 100,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years, or confiscation of part or all of their property.
Legal basis: Article 174 of the Penal Code 2015; Law amending the Penal Code 2017.
2. Crime of Money Laundering
Any person who commits one of the following acts shall be sentenced to imprisonment from 01 year to 05 years:
a) Directly or indirectly participating in financial, banking, or other transactions aimed at concealing the illicit origin of money or property obtained through crime, or knowing or having grounds to know that such money or property was obtained through crime committed by another;
b) Using money or property obtained through crime, or knowing or having grounds to know that such money or property was obtained through crime committed by another, to conduct business activities or other activities;
c) Concealing information on the origin, true nature, location, movement, or ownership of money or property obtained through crime, or knowing or having grounds to know that such money or property was obtained through crime committed by another, or obstructing the verification of such information;
d) Committing one of the acts specified in points a, b, and c above with respect to money or property known to have been acquired through conversion, transfer, or assignment of assets obtained from crime committed by another.
If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 05 years to 10 years:
a) Committed in an organized manner;
b) Abusing position or power;
c) Committed more than once;
d) Committed in a professional manner;
đ) Using sophisticated or deceitful methods;
e) Money or property involved valued from VND 200,000,000 to under VND 500,000,000;
g) Illicit profits gained from VND 50,000,000 to under VND 100,000,000;
h) Dangerous recidivism.
If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 10 years to 15 years:
a) Money or property involved valued at VND 500,000,000 or more;
b) Illicit profits gained of VND 100,000,000 or more;
c) Adversely affecting the safety of the national financial or monetary system.
A person who prepares to commit this offense shall be sentenced to imprisonment from 06 months to 03 years.
The offender may also be subject to a fine of VND 20,000,000 to VND 100,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years, or confiscation of part or all of their property.
A commercial legal entity committing this crime shall be subject to the following penalties:
a) For cases under Clause 1 of this Article: a fine from VND 1,000,000,000 to VND 5,000,000,000;
b) For cases under points a, c, d, đ, e, g, and h of Clause 2 of this Article: a fine from VND 5,000,000,000 to VND 10,000,000,000;
c) For cases under Clause 3 of this Article: a fine from VND 10,000,000,000 to VND 20,000,000,000 or suspension of operations for a term of 01 to 03 years;
d) For cases falling under Article 79 of the Penal Code: permanent suspension of operations;
đ) The commercial legal entity may also be subject to an additional fine from VND 1,000,000,000 to VND 5,000,000,000, prohibition from conducting business, prohibition from operating in certain fields, or prohibition from raising capital for a term of 01 to 03 years.
Legal basis: Article 324 of the Penal Code 2015, as amended by Clause 122, Article 1 of the Law amending the Penal Code 2017.
3. Crime of Illegal Transportation of Goods or Currency across the Border
Any person who unlawfully transports across the border or from a non-tariff zone into the domestic market, or vice versa, goods, Vietnamese currency, foreign currency, precious metals, or gemstones valued from VND 100,000,000 to under VND 300,000,000, or valued under VND 100,000,000 but falling under one of the following circumstances, shall be subject to a fine of VND 20,000,000 to VND 200,000,000, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years:
a) Goods, Vietnamese currency, foreign currency, precious metals, or gemstones valued from VND 100,000,000 to under VND 300,000,000, or under VND 100,000,000 but the offender has been administratively sanctioned for the same act under this Article or under Articles 188, 190, 191, 192, 193, 194, 195, 196, and 200 of the Penal Code, or has been convicted of one of these crimes, has not had the conviction expunged, and continues to reoffend, if not falling under the cases specified in Articles 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309, and 311 of the Penal Code;
b) The item involved is a relic, antiquity, or an item of historical or cultural value.
If the offense falls under one of the following circumstances, the offender shall be subject to a fine of VND 200,000,000 to VND 1,000,000,000 or imprisonment from 02 years to 05 years:
a) Committed in an organized manner;
b) The item involved is valued from VND 300,000,000 to under VND 500,000,000;
c) The item involved is a national treasure;
d) Abusing position or power;
đ) Abusing the name of an agency or organization;
e) Committed more than once;
g) Dangerous recidivism.
If the offense involves items valued at VND 500,000,000 or more, the offender shall be subject to a fine of VND 1,000,000,000 to VND 3,000,000,000 or imprisonment from 05 years to 10 years.
The offender may also be subject to a fine of VND 10,000,000 to VND 50,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years.
A commercial legal entity committing this crime shall be subject to the following penalties:
a) In cases involving goods, Vietnamese currency, foreign currency, precious metals, or gemstones valued from VND 200,000,000 to under VND 300,000,000; goods valued under VND 200,000,000 but being relics or antiquities; or goods, Vietnamese currency, foreign currency, precious metals, or gemstones valued from VND 100,000,000 to under VND 200,000,000 but where the offender has been administratively sanctioned or convicted for the same act and continues to reoffend: a fine from VND 200,000,000 to VND 500,000,000;
b) In cases under points a, b, c, e, and g of Clause 2 of this Article: a fine from VND 500,000,000 to VND 2,000,000,000;
c) In cases under Clause 3 of this Article: a fine from VND 2,000,000,000 to VND 5,000,000,000 or suspension of operations for a term of 06 months to 03 years;
d) In cases under Article 79 of the Penal Code: permanent suspension of operations;
đ) The commercial legal entity may also be subject to an additional fine from VND 50,000,000 to VND 200,000,000, prohibition from conducting business, prohibition from operating in certain fields, or prohibition from raising capital for a term of 01 to 03 years.
Legal basis: Article 189 of the Penal Code 2015; points a, b, c, Clause 39, Article 1 of the Law amending the Penal Code 2017.
