A customer has sent a question to LSX legal firm: “Currently, my friend owes a large amount of money and he is being threatened by creditors. I want to ask how much money my friend has to owe to be criminally prosecuted?”
In this article, we will provide you with information to answer the question: How much money you have to owe to be criminally prosecuted in Vietnam?
Legal grounds
- Civil Code 2015
- Criminal Code 2015
Forms of debt
Debt means the amount of money an individual, company, or other entity has borrowed from another person. Debts often arise from borrowing money to purchase major goods, services, or assets. Debit documents, loan documents… present the proof for the lender to get back the loan amount, including interest during the loan term.
Basic debt: the simplest form of debt, consisting of an agreement to lend a certain amount of money for a certain period of time and specifying the time period to repay that amount. The commercial loans have interest calculated by the percentage of the total loan amount annually, paid on the agreed date.
Group debt: debt offered to companies that want to borrow more money than individual lenders and bear the risk of that single loan. Each banking group may agree to offer an interest rate on the total loan amount.
On the other hand, a bond is a debt security issued by a company or government, bondholders will be refunded the original bond purchase amount plus interest. Bonds issued to investors in the market in which the issuer wishes to borrow money.
Criminal prosecution under Vietnamese legislation
Prosecution belongs to the stages of criminal procedure in which the procuracy conducts necessary activities to bring the defendant to court for trial or other procedural decisions to properly resolve the criminal case.
In criminal proceedings, the Procuratorate has the duty to exercise the right of state prosecution, ensure that the law strictly and uniformly observed, and at the same time supervise the observance of the law during the settlement of criminal cases.
The right to state prosecution exercised by the procuracies includes many procedural powers, in which, the right to prosecute the accused for criminal liability before the court during the prosecution period means a unique right of the procuracies. After receiving the case record together with the investigation conclusion and the prosecution request of the investigating agency, the Procuratorate exercise this right by the prosecution decision.
In fact, in order to well exercise the right to pursue criminal liability for offenders and criminal legal entities, the procuracies must study the case records and solve many complex problems raised in the past in a certain term that the Criminal Procedure Code 2015 has prescribed for each type of crime in order to ensure that the prosecution of the accused exercised to the right person, the right crime, not to omit criminals, not to unjustly blame innocent people, properly determine criminal liability for legal entities. Since the prosecution has its own specificity in terms of procedural acts and applicable legal documents, prosecution means an independent stage of the criminal case resolution process.
Duties of criminal prosecution
After receiving the case record together with the investigation conclusion and the proposal for prosecution transferred by the investigating agency, the Procuratorate must conduct a study of those documents and determine the legal grounds to make the necessary decision.
The Procuratorate needs to consider procedural matters and the contents of the case. Thereby, determining whether the investigation process complies with the law or not and whether limitations or shortcomings exist. If any, the Procuratorate must promptly detect to supplement, complete and remedy violations of the law by the investigating agency. Besides, ensure proper and accurate prosecution of the accused, create a solid legal basis for the court and protect the legitimate rights and interests of citizens.
Prosecutorial authority
According to Article 239 of the Criminal Procedure Code 2015, the prosecution authority prescribed as follows:
- The procuracy exercising prosecution rights and administering investigative activities shall make decisions on the prosecution. A procuracy’s authority to prosecute shall subject to the Court’s jurisdiction over the case.
If a case goes beyond a Procuracy’s authority to prosecute, the Procuracy shall promptly decide to transfer the case to another competent Procuracy. A provincial People’s Procuracy or Military procuracy of a military zone shall decide the transfer of cases to procuracies out of the province, centrally-affiliated city, or military zone.
A superior Procuracy shall decide to prosecute cases, against which it exercises prosecution rights and administer investigation. The superior Procuracy, in 02 months prior to the closure of the investigation, must inform the lower Procuracy, at the level equivalent to that of the first-instance Court having jurisdiction over the case, to assign procurators to examine case files. The superior Procuracy, when issuing a decision to prosecute, shall assign the lower Procuracy to exercise prosecution rights and administer the process of adjudication. The competent inferior Procuracy, upon receiving case files and charging documents, shall exercise prosecution rights and administer the process of adjudication as per this Law. - A Procuracy, in 03 days upon issuing a decision on case transfer, must inform in writing the investigation authority closing the investigation, suspects or their representatives, defense counsels, aggrieved persons, and other participants in legal proceedings.
The delivery of case files and charging documents shall occur as per Section 2, Article 240 of this Law. In such an event, the time limit for prosecution shall commence after the prosecutor authorized to prosecute receives case files.
How much money you have to owe to be criminally prosecuted in Vietnam?
Article 175. Abuse of trust to appropriate property
- A person who commits any of the following acts to obtain another person’s property which is assessed at from VND 4,000,000 to under VND 50,000,000, or to obtain another person’s property which is assessed at under VND 4,000,000 despite the fact that he/she incurred a civil penalty for property appropriation or has a previous conviction for this offence or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof which has not been expunged, or to obtain another person’s property which is the primary means of livelihood of the victim or has a spiritual value to the victim shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay or return the property when the repayment or return of property is due despite he/she is capable of doing so.
b) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender’s inability to repay or return the property. - This offence committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:
a) The offence committed by an organized group;
b) The offence committed in a professional manner;
c) The property obtained assessed at from VND 50,000,000 to under VND 200,000,000;
d) The offence involves abuse of the offender’s position or power or committed in the name of an agency or organization;
dd) The offender employs deceitful methods to commit the offence;
….
How much money you have to owe to be criminally prosecuted in Vietnam?
Thus, when you have a debt of 4,000,000 VND or more and the above signs. If reported to the police, your friend may be criminally prosecuted.
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Related questions
Abuse of trust to appropriate property means borrowing or renting a property of another person or receiving another person’s property by means of a contract and then using deception or absconding to appropriate such property or use using that property for an illegal purpose leads to the inability to return the property.
The person who commits the crime of abusing trust to appropriate appropriation: a person full 14 years of age or older; when committing an offense having no mental illness; or another disease that makes that person lose the ability to perceive and control behavior.
The procuracy, in 03 days upon issuing charging documents; must submit case files and charging documents to the Court. The time limit for filing papers and charging documents of a complex case in the Court may extend to 10 more days at most.
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