The law protects the property rights of the owner, when acts of the purpose of illegally appropriating property appear, the law will prosecute them for penal liability. In recent years, property theft has accounted for a large proportion of property rights crimes due to Covid-19 and many other reasons. In this article, LSX legal firm will answer the question: “How many years in prison for theft in Vietnam?”
Legal grounds
- Criminal Code 2015
- Decree 144/2021/ND-CP
Theft of property
Theft means the act of stealthily taking someone else’s property for the purpose of appropriation. The outstanding feature of the crime of property theft compared with other crimes of infringing upon property rights is that the offender has a sneaky act, secretly and illegally taking another person’s property for the purpose of appropriating this property. “Sneaky” considered a distinctive feature of the crime of property theft.
How many years in prison for the crime of theft
Article 173 – Penal Code 2015 on property theft:
Property assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000
A person who steals another person’s property assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following cases shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) The offender previously incurred a civil penalty for appropriation of property;
b) The offender has a previous conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof which has not been expunged;
c) The offence has a negative impact on social safety, order, and security;
d) The property stolen is the primary means of livelihood of the victim and the victim’s family; the property taken is a souvenir, memento, or religious item that has a spiritual value to the victim.
02 – 07 years’ imprisonment
The offense committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The property obtained is from VND 50,000,000 to under VND 200,000,000; d) The offender employs a deceitful method or a dangerous method to commit the offence;
dd) The offender attacks other people to escape;
e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;
g) Dangerous recidivism.
07 – 15 years’ imprisonment
The offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:
a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
12 – 20 years’ imprisonment
The offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
a) The property stolen is VND 500,000,000 or over;
b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;
c) The offender takes advantage of a war or state of emergency to commit the offence.
On the other hand, the offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
Will offender stealing under 2 million VND go to jail?
According to the law, cases of theft with a property value of less than 2 million VND, depending on the situation, will get criminally or administratively handled.
The value of stolen property less than 2 million but fall into the following cases:
- The offender previously incurred a civil penalty for the appropriation of property.
- The offender has a previous conviction for theft or any of the criminal offenses specified in Articles 168, 169, 170, 171, 172, 174, 175, and 290 of the Criminal Code 2015 but not expunged.
- The offense has a negative impact on social safety, order, and security.
- The property stolen is the primary means of livelihood of the victim and the victim’s family, the property taken is a souvenir, memento, or religious item that has a spiritual value to the victim.
Administrative sanctions
According to Article 15 of Decree 144/2021/ND-CP:
“Article 15. Violations against regulations on causing damage to property of other organizations and individuals
1. A fine of between VND 2,000,000 and 3,000,000 imposed for one of the following acts:
a) Stealing property, entering residential areas, warehouses, or other places under the management of others for the purpose of stealing or appropriating property;
…
3. Additional sanction:
a) Confiscate exhibits and means of administrative violations, for the acts specified at Points a, b, c, and d, Clause 1, and Points a, b, c, and dd, Clause 2 of this Article;
b) Deport foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.”
When can crime of theft applies be mitigated of criminal responsibility?
Firstly, the following circumstances are considered mitigating factors:
Secondly, the offender has prevented or reduced the harm caused by the crime;
Thirdly, the offender voluntarily makes rectification, pays damages, or relieves the consequences;
Fourthly, the crime considered an unjustified force in self-defense;
Fifthly, the crime considered an unjustified force in urgent circumstances;
Sixthly, the crime considered an unjustified force in capturing a criminal;
Seventhly, the crime committed under provocation caused by the victim’s illegal acts;
The crime has not inflicted damage or the damage inflicted is not significant;
The offender commits a less serious crime and does not have a prior criminal record;
The crime committed because the offender threatened or coerced by others;
Offender commits the crime because of lack of awareness that is not on his/her account;
Offender has a serious physical disability or extremely serious physical disability;
The offender has a disease that limits his/her awareness or control of his/her acts;
The offender turns himself/herself in;
Offender expresses a cooperative attitude or contrition;
The offender arduously assists the agencies concerned in the discovery of crimes or investigation;
The offender has made reparation in an effort to atone for the crime;
Also, the offender is an excellent worker, soldier, or student; a parent, spouse, or child of a war martyr or war veteran.
….
Additionally, when deciding the penalty, the Court may consider surrender or other circumstances as mitigating circumstances, but must clearly state the reasons for mitigating in the judgment.
Thus, when having the acts mentioned above, the Court will consider issuing an appropriate sentence to the offender.
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Related questions
The consequence of the crime of property theft is damage to the value of illegally appropriated property. The property appropriated by the offender includes currencies, goods and papers with payment value such as checks, bonds, bonds, etc.
If a person has the act of consuming property but does not know that the property he bought is due to theft, then this case is just an ordinary civil transaction.
The law allows prisoners to use telephone under managements. However, only wired or cordless landline phones are allowed by the prison facility in cooperation with the local postal and telecommunications authority.
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