Recently, LSX legal firm has received a question from our customer: “A while ago, I went to Bac Giang and joined a company in an industrial area. Due to anger at the company’s unreasonable policies, while angry, I broke the glass door and some furniture of the factory. Is my behavior subject to criminal prosecution? How do I deal with it?” In this article, we will provide you with information about: How to handle cases of destruction of business assets in Vietnam?
Legal ground
- Criminal Code 2015
Destruction of property
Destruction of property is the intentional act of causing another person’s property to be damaged, devalued, lost of value, or is difficult to restore. This behavior shows in many different ways such as:
- Smashing furniture;
- Burning things;
- Deliberately letting other people’s property be damaged…
Depending on the level of behavior and consequences, offenders may subject to administratively sanctioned or criminally handled for the crime of vandalizing, destroying, or intentionally damaging other people’s property according to regulations defined in Article 178 of the Criminal Code 2015 amended in 2017.
Criminal handling of destroying other people’s property
Accordingly, Article 178 of the Criminal Code stipulates levels of handling cases of deliberate of destruction property. Besides, the offender may also take liability to a fine of from VND 10,000,000 to VND 100,000,000; prohibited from holding certain positions or doing certain works for 01 – 05 years.
03 years’ community sentence or 06 – 36 months’ imprisonment
- Any person who deliberately destroy another person’s property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property which is a relic or item of historical or cultural value or property which is assessed at under VND 2,000,000 in any of the following cases shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or 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 the same offence which has not been expunged;
c) The offence has a negative impacts on social safety, order, and security;
dd) The property destroyed is the primary means of livelihood of the victim and the victim’s family; the property obtained is a souvenir, memento, or religious item that has a spiritual value to the victim.
02 – 07 years’ imprisonment
- This offence 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 property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;
c) The property damaged is national treasure;
d) The offence is committed using a flammable substance or other dangerous methods;
dd) The offence is committed to conceal another crime;
e) The offence is committed because of the victim’s official duties;
g) The property damaged 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;
h) Dangerous recidivism.
05 – 10 years’ imprisonment
- This offence committed in any of the following cases shall carry a penalty of 05 – 10 years’ imprisonment:
a) The property damaged is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The property damaged 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.
10 – 20 years’ imprisonment
This offence committed in any of the following cases shall carry a penalty of 10 – 20 years’ imprisonment:
a) The property damaged is assessed at VND 500,000,000 or over;
b) The property damaged 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.
Administration handling
In cases where it is not enough to be examined for penal liability, the act of destroying or intentionally damaging the properties of other individuals or organizations may be subject to a fine of between VND 03 – 05 million. Simultaneously, confiscate the material evidence and means of violation, and forcibly restore the original state for violations.
- Additional sanction:
Confiscate exhibits and means of administrative violations depending on the case according to the provisions of Decree 144/2021/ND-CP.
Deportation if a foreigner causes damage to other people’s property.
- Remedial measures:
In addition to the above-mentioned fine levels, the person who causes damage to other people’s property, depending on the case, may apply the following remedial measures:
- Forcible return of illegal profits obtained from committing acts of violation.
- Forcible return of property due to illegal possession.
- Force restore to the original state.
Liability for civil compensation when destroying other people’s property
Firstly, loss and damage caused by infringement of property include:
- Property that was lost, destroyed, or damaged.
- Interests associated with the use and exploitation of lost or impaired property.
- Reasonable costs for the prevention, mitigation, and remedy of the damage.
- Other loss and damage as provided by law.
Secondly, Article 584 of the Civil Code provides:
Article 584. Grounds giving rise to liability to compensate for loss and damage
A person harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of another person, thereby causing loss and damage, must compensate for such loss and damage unless otherwise provided by this Code and other relevant laws.
A person causing loss and damage not required to take responsibility to compensate for loss and damage arising and caused by an event of force majeure or due entirely to the fault of the aggrieved party, unless otherwise agreed or provided by law.
If property causes loss and damage, the owner or possessor of the property must take responsibility to compensate for it, except where the loss and damage arising in accordance with clause 2 of this article.
Thus, the person who destroys other people’s property, in addition to administrative sanction or criminally handling; also takes responsibility for compensating for damage to the property he or she destroys.
Whether your behavior is sanctioned for property destruction or not depends on the degree of damage to the property and the value of the damaged property.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
ontact LSX
Finally, hope this article is useful for you to answer the question about “How to handle cases of destruction of business assets in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
In fact, a person causing loss and damage not required to take responsibility to compensate for loss and damage arising and caused by an event of force majeure or due entirely to the fault of the aggrieved party, unless otherwise agreed or provided by law.
If the amount of compensation becomes unrealistic, the aggrieved party, or the party having caused loss and damage, has the right to request a court or another authorized State body to change the amount of compensation.
Where a minor, or a person who has lost the capacity for civil acts, or a person having difficulties in being aware of, or controlling, his or her own acts causes loss and damage but there is a guardian, such guardian shall use the property of the ward to compensate. If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.
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