Hello LSX. Recently, many economic criminal cases have been investigated, which has received great attention from the public. I see that from the reality of economic criminal cases, the defendants, before being prosecuted, have certain positions and powers. And I have a question that the regulation of crime on position economy would like to be explained. So about the matter “Types of economic crimes under Vietnam criminal law” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015 amended and supplemented in 2017
What is economic crime?
Currently, the Penal Code and its guiding documents do not have a specific definition of economic crime However, based on the definition of a crime prescribed in Article 8 of the Penal Code 2015 (amended and supplemented in 2017), it can be understood as follows:
Position economic crimes are crimes that cause harm to the stability and development of the economy, causing damage to the country, organizations and individuals due to violations of the law on management.
In particular, position economic crimes always change according to each stage of economic development.
Types of economic crimes under Vietnam criminal law
According to the provisions of the Penal Code 2015 (amended and supplemented 2017), economic crimes are specified in Chapter XVIII and divided into 3 sections with crimes classified into groups corresponding to each crime. As follows:
Economic crimes in the field of production, business and commerce
These crimes are mentioned from Article 188 to Article 199 of the Penal Code 2015 (amended and supplemented 2017), specifically:
– Crime of smuggling (Article 188)
– Crime of illegally transporting goods and currency across borders (Article 189)
– Crime of producing and trading in banned goods (Article 190)
– Crime of storing and transporting banned goods (Article 191)
– Crime of producing and trading in fake goods (Article 192)
– Crime of producing and trading in fake goods being food, foodstuffs and food additives (Article 193)
– Crime of producing and trading in counterfeit goods being curative and preventive drugs (Article 194)
– Crime of producing and trading in counterfeit goods being animal feed, fertilizers, veterinary drugs, plant protection drugs, plant varieties and livestock breeds (Article 195)
– Crime of speculation (Article 196)
– Crime of false advertising (Article 197)
– Crime of deceiving customers (Article 198)
– Crime of violating regulations on electricity supply (Article 199)
Economic crimes in the fields of taxation, finance, banking, securities, insurance
These crimes are mentioned from Article 200 to Article 216 of the Penal Code 2015 (amended and supplemented 2017), specifically:
– Crime of tax evasion (Article 200)
– Crime of lending heavy interest in civil transactions (Article 201)
– Illegally printing, issuing, trading in invoices and receipts for state budget collection (Article 203)
– Violation of regulations on preservation and management of state budget receipts and receipts (Article 204)
– Crime of illegally establishing funds (Article 205)
– Crime of violating regulations on banking activities and other activities related to banking activities (Article 206)
– Crime of making, storing, transporting and circulating counterfeit money (Article 207)
– Crime of making, storing, transporting, circulating fake negotiable instruments or other fake valuable papers (Article 208)
– Deliberately disclosing false information or concealing information in securities activities (Article 209)
– Crime of using inside information to buy and sell securities (Article 210)
– Crime of manipulating the securities market (Article 211)
– Crime of falsifying documents in securities offering and listing documents (Article 212)
– Crime of fraud in insurance business (Article 213)
– Crime of fraud on social insurance and unemployment insurance (Article 214)
– Crime of fraud on health insurance (Article 215)
– Crime of evading payment of social insurance, health insurance and unemployment insurance for employees (Article 216)
Other economic crimes infringing upon the economic management order
These crimes are mentioned from Article 217 to Article 234 of the Penal Code 2015 (amended and supplemented 2017), specifically:
– Crime of violating regulations on competition (Article 217)
– Violations against regulations on asset auction activities (Article 218)
– Crime of violating regulations on management and use of State property, causing loss and waste (Article 219)
– Violation of regulations on management and use of public investment capital, causing serious consequences (Article 220)
– Crime of violating regulations on accounting, causing serious consequences (Article 221)
– Violation of regulations on bidding, causing serious consequences (Article 222)
– Crime of colluding, covering up for taxpayers causing serious consequences (Article 223)
– Crime of violating regulations on investment in construction works, causing serious consequences (Article 224)
– Crime of infringing copyright and related rights (Article 225)
– Crime of infringing upon industrial property rights (Article 226)
– Violation of regulations on research, exploration and exploitation of natural resources (Article 227)
– Crime of violating regulations on land use (Article 228)
– Crime of violating regulations on land management (Article 229)
– Violation of regulations on compensation, support and resettlement when the State recovers land (Article 230)
– Deliberately violating regulations on distribution of relief money and goods (Article 231)
– Crime of violating regulations on exploitation and protection of forests and forest products (Article 232)
– Crime of violating regulations on forest management (Article 233)
– Crime of violating regulations on wildlife protection (Article 234)
The highest penalty of crimes in the category of economic crimes is the death penalty, showing the strict deterrent power of the law for this type of crime.
Economic crimes related to social insurance, unemployment insurance
Economic crimes related to social insurance and unemployment insurance are specified in Article 214 of the Penal Code 2015 (amended and supplemented 2017).
That is the crime of cheating on social insurance and unemployment insurance.
Accordingly, fraud on social insurance and unemployment insurance is an act of violating the order of economic management in the insurance field.
Penal liability with the corresponding penalty frame
1. Those who commit one of the following acts, appropriate social insurance or unemployment insurance money from 10,000,000 VND to under 100,000,000 VND or cause damage from 20,000,000 VND to under 200,000 VND. 000 VND but not falling into the cases specified in one of Articles 174, 353 and 355 of this Code, the offenders shall be subject to a fine of between VND 20,000,000 and 100,000,000, a non-custodial reform for up to 2 years or a fine of between VND 20,000,000 and VND 100,000,000. imprisonment from 3 months to 2 years:
a) Making fake dossiers or falsifying contents of social insurance dossiers or unemployment insurance dossiers, deceiving social insurance agencies;
b) Using fake documents or falsified documents to deceive the social insurance agency to enjoy social insurance and unemployment insurance benefits.
2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 100,000,000 and 200,000,000 or a prison term of between 01 and 05 years:
a) Organized;
b) Being of a professional nature;
c) Appropriating social insurance, unemployment insurance money from 100,000,000 VND to under 500,000,000 VND;
d) Causing damage of between VND 200,000,000 and under VND 500,000,000;
d) Using sophisticated and cunning tricks;
e) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:
a) Appropriating social insurance, unemployment insurance money 500,000,000 VND or more;
b) Causing damage of 500,000,000 VND or more.
4. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
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Frequently asked questions
Seeing that each economic period is different, economic crimes also have the characteristics of the economy at that time. Economic crime depends on economic policies, economic management tools, and mechanism of operating the national economy in that period. When a new economic policy is born, a new regulation appears in socio-economic life, which will give rise to new economic crimes. Criminals always “avoid” economic management policies, tools and mechanisms. This “avoidance” is done on the basis of knowledge of policies, mastery of tools and economic management mechanisms and proficiency in the organization of criminal acts.
1) A group of criminals in the field of commercial business such as smuggling, illegal transportation of goods, production and trading of banned goods, ….
2) Group of crimes in the field of financial tax, banking such as tax evasion, crime of lending interest in the civil field….
3) The group of crimes infringing upon economic management order such as violations of competition regulations, violations of regulations on auction, etc.
In chronological order, the following documents regulating economic crimes can be listed:
1) Decree No. 01 of 1957 regulating the crime of speculation;
2) The Ordinance on Punishment of Crimes of Infringement on Socialist Property of 1970 stipulates the crime of intentionally violating economic and financial principles, policies, regimes and regulations, causing damage to social property. communism and the crime of violating the system of stamps used for the distribution of socialist property;
3) The Ordinance on the Punishment of Crimes of Infringing upon the Private Property of Citizens of 1970 stipulates the crime of fraud to appropriate clients’ private property;
4) Ordinance on forest protection of 1972; 5) Decree No. 03 of 1976 (including the law on economic crimes).
Conclusion: So the above is Types of economic crimes under Vietnam criminal law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
