Table of Contents:
- How is the punishment for buying and selling fake diplomas?
- Is there criminal liability for buying and selling fake diplomas but not using them?
1. How is the punishment for buying and selling fake diplomas?
Based on Article 341 of the Penal Code 2015, amended and supplemented in 2017, the crime of counterfeiting seals and documents of agencies and organizations; the crime of using fake seals or documents of agencies and organizations is as follows:
“1. Any person fabricates an organization’s seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years’ community sentence or 03 – 36 months’ imprisonment:
2. This offence committed in any of the following cases shall carry a penalty of 02 – 05 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves 02 – 05 fabricated seals or documents;
d) The fabricated seal or document is used to commit a criminal offence;
dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;
e) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:
a) The offence involves ≥ 6 fabricated seals or documents;
b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;
c) The illegal profit earned is ≥ VND 50,000,000
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.”
Simultaneously, according to Point a, Clause 3, Article 22 of Decree 88/2022/ND-CP stipulating administrative sanctions in the field of vocational education:
“3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts:
a) Fraud to obtain a diploma, certificate or copy of a diploma or certificate but not to the extent of being prosecuted for criminal liability;”
2. Will buying a fake diploma but not using it be prosecuted for criminal liability?
According to Article 341 of the 2015 Penal Code, amended and supplemented in 2017, an individual will only be prosecuted for criminal liability when buying a fake diploma and using the fake diploma to commit an illegal act.
In the case where an individual has bought a fake diploma but has not used the fake diploma for an illegal purpose, there will be insufficient grounds for criminal prosecution. Therefore, individuals will only be subject to administrative sanctions according to Point a, Clause 3, Article 22 of Decree 88/2022/ND-CP regulating sanctions for administrative violations in the field of vocational education.