Crime of Fraudulent Appropriation of Property
Article 174 of the 2015 Criminal Code provides for the crime of fraudulent appropriation of property as follows:
1. 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 into one of the following cases, 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 property appropriation but reoffends;
b) The offender has been convicted of this offence or any of the offences prescribed in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, has not had the criminal record expunged, and reoffends;
c) The act causes adverse impacts on security, social order, or safety;
d) The property appropriated is the primary means of livelihood of the victim and their family.
2. The offence shall be punishable by 02 to 07 years’ imprisonment if committed under any 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) Dangerous recidivism;
đ) Abusing one’s position or power, or the name of an agency or organization;
e) Using deceitful or sophisticated tricks;
g) Appropriating property valued from VND 2,000,000 to under VND 50,000,000 but falling into one of the cases specified in Points a, b, c, and d, Clause 1 of this Article.
3. The offence shall be punishable by 07 to 15 years’ imprisonment if committed under any of the following circumstances:
a) Appropriating property valued from VND 200,000,000 to under VND 500,000,000;
b) Appropriating property valued from VND 50,000,000 to under VND 200,000,000 but falling into one of the cases specified in Points a, b, c, and d, Clause 1 of this Article;
c) Abusing circumstances of natural disasters or epidemics.
