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HOW IS THE CRIME OF DELIBERATE DESTRUCTION OF PROPERTY HANDLED?

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Table of Contents:

  1. What is the administrative penalty for the act of deliberate destruction of property?
  2. What is the criminal penalty for the crime of deliberate destruction of property?
  3. How is the act of unintentionally destroying other people’s property handled?

1. What is the administrative penalty for the act of deliberate destruction of property?

For the act of destroying or intentionally damaging property but not having enough elements to constitute a criminal prosecution, it may be administratively handled according to the provisions of Clause 2, Article 15 of Decree 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; prevention and control of domestic violence as follows:

“2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Destroying or intentionally damaging the property of individuals or organizations, except for violations specified in Point b, Clause 3, Article 21 of this Decree;

b) Using tricks or creating circumstances to force others to give money or property;

c) Fraud or deception in brokerage, guidance and introduction of services for buying and selling houses, land or other properties;

d) Buying, selling, storing or using another person’s property knowing that such property is obtained through violation of the law;

dd) Illegally using, buying, selling, mortgaging, pledging or seizing another person’s property;

e) Extorting property without being prosecuted for criminal liability.”

In addition, the offender may also be subject to additional penalties and must take measures to remedy the consequences of his/her actions according to Clause 3 and Clause 4, Article 15 of Decree 144/2021/ND-CP:

“3. Additional penalties:

a) Confiscation of exhibits and means of administrative violation for the acts specified in Points a, b, c and d, Clause 1 and Points a, b, c and dd, Clause 2 of this Article;

b) Deportation of foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

a) Forced to return illegal profits gained from committing violations specified in Points c, d and dd, Clause 2 of this Article;

b) Forced to return illegally seized assets for violations specified in Points dd and e, Clause 2 of this Article;

c) Force restoration of the original state for violations specified in Point a, Clause 2 of this Article.”

2. What is the criminal penalty for the crime of deliberate destruction of property?

Pursuant to Article 178 of the 2015 Penal Code, amended and supplemented in 2017, the crime of destroying or intentionally damaging property is stipulated as follows:

“Article 178. Deliberate destruction of property

1. 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.

2. 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.

3. 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.

4. 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.

5. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”

Thus, a person who intentionally destroys or damages property will be prosecuted for criminal liability with a fine from VND 10,000,000 to VND 500,000,000, sentenced to non-custodial reform for up to 03 years or imprisoned from 06 months to 03 years. In addition, there may be a fine of VND 10,000,000 to VND 100,000,000, a ban on holding a position, a ban on practicing a profession or doing certain jobs from 01 year to 05 years.

3. How will the act of unintentionally destroying another person’s property be handled?

Regarding unintentional acts leading to the destruction of another person’s property, according to Article 180 of the 2015 Penal Code, amended and supplemented in 2017, the crime of unintentionally causing serious damage to property is stipulated as follows:

“Article 180. Crime of unintentionally causing serious damage to property

1. Any person who involuntarily inflicts a damage to another person’s property which is assessed at from VND 100,000,000 to under VND 500,000,000 shall receive a warning or face a penalty of up to 02 years’ community sentence.

2. If the damaged is assessed at VND 500,000,000 or over, the offender shall face a penalty of 03 – 24 months’ imprisonment.”

Thus, a person who unintentionally destroys another person’s property will be prosecuted for criminal liability in cases where the value of that property is from VND 100,000,000 or more.