Chương XIV Bộ Luật hình sự 1999: Các tội xâm phạm sở hữu

Chapter XIV

CRIMES OF INFRINGING UPON OWNERSHIP RIGHTS

Article 133.- Plundering property

1. Those who use force or threaten to use immediate force or commit other acts thus making resistance futile for persons being attacked in order to appropriate property shall be sentenced to between three and ten years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) In an organized manner;

b) Being of professional character;

c) Dangerous recidivism;

d) Using weapons or other dangerous means or tricks;

e) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of between 11% and 30%;

f) Appropriating property valued at between fifty million dong and two hundred million dong;

g) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment:

a) Inflicting injury on or causing harms to the health of other persons with an infirmity rate of between 31% and 60%;

b) Appropriating property with valued at between two hundred million dong and under five hundred million dong;

c) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between eighteen and twenty years of imprisonment, life imprisonment or capital punishment:

a) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of 61% or higher or causing human death;

b) Appropriating property valued at five hundred million dong or more;

c) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, the confiscation of part or whole of property, subject to probation or residence ban for one to five years.

Article 134.- Kidnapping in order to appropriate property

1. Those who kidnap other persons as hostages in order to appropriate property shall be sentenced to between two and seven years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:

a) In an organized manner;

b) In a professional manner;

c) Dangerous recidivism;

d) Using weapons or other dangerous means or tricks;

e) Against children;

f) Against more than one person;

g) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of between 11% and 30%;

h) Appropriating property valued at between fifty million and under two hundred million dong;

i) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten and eighteen years of imprisonment:

a) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of between 31% and 60%;

b) Appropriating property valued at between two hundred million and under five hundred million dong;

c) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment or life imprisonment:

a) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of 61% or higher or causing human death;

b) Appropriating property valued at five hundred million dong or higher;

c) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, the confiscation of part or whole of property, subject to probation or residence ban for one to five years.

Article 135.- Extortion of property

1. Those who threaten to use force or other tricks to spiritually intimidate other persons in order to appropriate property shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) In a professional way;

c) Dangerous recidivism;

d) Appropriating property valued at between fifty million dong and under two hundred million dong;

e) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Appropriating property valued at between two hundred million and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment:

a) Appropriating property valued at five hundred million dong or more;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million and one hundred million dong, the confiscation of part or whole of property.

Article 136.- Property robbery by snatching

1. Those who rob other persons of their property by snatching shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) In a professional way;

c) Dangerous recidivism;

d) Employing dangerous tricks;

e) Committing assaults in order to flee;

f) Inflicting injury on or causing harms to the health of other persons with an infirmity rate of between 11% and 30%;

g) Appropriating property valued at between fifty million dong and under two hundred million dong;

h) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Inflicting injury on or causing harms to the health of other persons with an infirmity rate of between 31% and 60%;

b) Appropriating property valued at between two hundred million and under five hundred million dong;

c) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) Inflicting injury on or causing harm to the health of other persons with an infirmity rate of 61% or higher or causing human death;

b) Appropriating property valued at five hundred million dong or higher;

c) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million and one hundred million dong.

Article 137.- Openly appropriating property

1. Those who openly appropriate other persons property valued between five hundred thousand dong and fifty million dong, or under five hundred thousand dong but causing serious consequences, or who have been administratively sanctioned for acts of appropriation or sentenced for act of appropriating property but not yet entitled to criminal record remission and repeat their violations shall be sentenced to between six months and three years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Committing assaults in order to flee;

b) Appropriating property valued at between fifty million dong and under two hundred million dong;

c) Dangerous recidivism;

d) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Appropriating property valued between two hundred million and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) Appropriating property valued at five hundred million dong or higher;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between five million dong and one hundred million dong.

Article 138.- Stealing property

1. Those who steal other persons property valued between five hundred thousand dong and fifty million dong, or under five hundred thousand dong but causing serious consequences, or who have been administratively sanctioned for acts of appropriation or sentenced for the appropriation of property, not yet entitled to criminal record remission but repeat their violations, shall be subject to non-custodial reform for up to three years or to a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between two and seven years of imprisonment:

a) In an organized manner;

b) In or professional way;

c) Dangerous recidivism;

d) Employing treacherous and dangerous tricks;

e) Committing assaults in order to flee;

f) Appropriating property valued at between fifty million dong and under two hundred million dong;

g) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Appropriating property valued between two hundred million and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) Appropriating property valued at five hundred million dong or higher;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong.

Article 139.- Appropriating property through swindling

1. Those who appropriate through fraudulent tricks other persons property valued between five hundred thousand dong and fifty million dong, or under five hundred thousand dong but causing serious consequences, or who have been administratively sanctioned for acts of appropriation or sentenced for the property appropriation, not yet entitled to criminal record remission but repeat their violations, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) In an organized manner;

b) Being of professional nature;

c) Dangerous recidivism;

d) Abusing positions and/or powers or abusing the names of agencies or organizations;

e) Employing perfidious tricks;

f) Appropriating property valued between fifty million dong and under two hundred million dong;

g) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Appropriating property valued between two hundred million dong and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years, life imprisonment or capital punishment:

a) Appropriating property valued at five hundred million dong or higher;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, the confiscation of part or whole of property, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 140.- Abusing trust in order to appropriate property

1. Those who commit one of the following acts of appropriating other person’s property valued between one million dong and fifty million dong, or under one million dong but causing serious consequences, or who have been administratively sanctioned for act of appropriation or sentenced for the property appropriation, not yet entitled to criminal record remission but repeat their violations, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years:

a) Loaning, borrowing and/or renting property of other persons or receiving property of other persons through contractual forms then using fraudulent tricks or fleeing in order to appropriate such property;

b) Loaning, borrowing and/or renting property of other persons or receiving property of other person through contractual forms then using such property for illegal purposes, thus being incapable of returning such property.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) In an organized manner;

b) Abusing positions and/or powers or abusing the names of agencies or organizations;

c) Employing perfidious tricks;

d) Appropriating property valued between over fifty million dong and under two hundred million dong;

e) Dangerous recidivism;

f) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Appropriating property valued between two hundred million dong and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) Appropriating property valued at five hundred million dong or higher;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, to a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years and the confiscation of part or whole of property or either of these two penalties.

Article 141.- Illegally holding property

1. Those who deliberately refuse to return to the lawful owners or managers or to surrender to responsible authorities property valued between five million dong and two hundred million dong, antiques or objects of historical and/or cultural value mistakenly assigned to them or discovered or found by them, after the lawful owners or managers or the responsible authorities request to receive back such property according to the provisions of law, shall be subject to non-custodial reform for up to three years or a prison term of between three months and two years.

2. Those who illegally hold property valued at two hundred million dong or higher, or antiques or objects of historical and/or cultural value shall be sentenced to between one and five years of imprisonment.

Article 142.- Illegally using property

1. Those who, for their own benefits, illegally use other person’s property valued at fifty million dong or higher, causing serious consequences or who have already been administratively sanctioned for such acts or sentenced for such offense and not yet entitled to criminal record remission but repeat their violations, shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing such crime in one of the following circumstances, the offenders shall be sentenced to between two and five years of imprisonment:

a) Committing the crime more than once;

b) Abusing positions and/or powers;

c) Causing very serious consequences;

d) Dangerous recidivism.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between three and seven years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and twenty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 143.- Destroying or deliberately damaging property

1. Those who destroy or deliberately damage other person’s property, causing damage of between five hundred thousand dong and under fifty million dong, or under five hundred thousand dong but causing serious consequences, or who have already been administratively sanctioned for such act or sentenced for such offense and not yet entitled to criminal record remission but repeat their violations shall be subject to non-custodial reform for up to three years or to a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) In an organized manner;

b) Employing explosives, inflammables or other dangerous means;

c) Causing serious consequences;

d) To conceal other crimes;

e) For the reasons of the victims official duties;

f) Dangerous recidivism;

g) Causing damage to property valued between fifty million dong and under two hundred million dong.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Causing damage to property valued between two hundred million dong and under five hundred million dong;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:

a) Causing damage to property valued at five hundred million dong or higher;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, to a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 144.- Neglecting responsibility causing serious damage to the State’s property

1. Those who are tasked with directly managing the State’s property but neglect that responsibility causing loss, ruin, waste or damage to the State’s property valued between fifty million dong and two hundred million dong, shall be subject to non-custodial reform for up to three years or to a prison term of between six months and three years.

2. Committing the crime of damaging the State’s property valued between two hundred million dong and under five hundred million dong, the offenders shall be sentenced to between two and seven years of imprisonment.

3. Committing the crime of damaging the State’s property valued at five hundred million dong or higher, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding the post of managing of the State’s property for one to five years.

Article 145.- Unintentionally causing serious damage to property

1. Those who unintentionally cause damage to other person’s property valued between fifty million dong and under five hundred million dong shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime of damaging other person’s property valued at five hundred million dong or higher, the offenders shall be sentenced to between one and three years of imprisonment.