Ordinance No. 149-LCT on Punishing Crimes Infringing upon Socialist Property

ORDINANCE

Punishing Crimes Against Socialist Property

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE VIETNAM DEMOCRATIC REPUBLIC

Pursuant to Articles 12, 13, and 40 of the Constitution of the Vietnam Democratic Republic;

To protect socialist property, contribute to enhancing economic and national defense potential, safeguard national culture, improve people's living standards, ensure complete victory for the cause of building socialism and the anti-American resistance war to save the country;

To promote the spirit of collective ownership among cadres, workers, civil servants, soldiers, and all citizens, elevate socialist morality, and raise awareness about respecting and protecting socialist property, encourage everyone to strive to combat actions that infringe upon such property;

This Ordinance stipulates the punishment for crimes against socialist property.

PART I

GENERAL PRINCIPLES

Article 1. Socialist property includes assets owned by the State (i.e., the property of the entire people) and assets owned by cooperatives and other lawful organizations of the people (i.e., collective property).

Article 2. Socialist property is sacred; no one shall infringe upon it. Everyone has the duty to respect and protect it.

Any act of infringing upon socialist property must be detected promptly and dealt with severely.

Strictly prohibit any act of shielding criminals.

Article 3. The principle of punishing crimes against socialist property is to severely punish professional ruffians, repeat offenders, organized crime groups, leaders, those who abuse their positions and powers to commit crimes, and those causing serious damage; impose lighter sentences or exempt from punishment those who confess voluntarily, show sincere repentance, denounce accomplices, or voluntarily compensate for damages caused. 

Chapter  II

CRIMES AND PENALTIES

Article 4. Crime of Robbery of Socialist Property

1. Anyone who uses violence to seize socialist property shall be sentenced to imprisonment for five to fifteen years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Organized;

c) Using weapons or other dangerous methods,

d) Causing serious injury or death;

e) Committing robbery of a large amount of property or causing other serious consequences; shall be sentenced to imprisonment for twelve to twenty years, life imprisonment, or capital punishment.

Article 5. Crime of Snatching Socialist Property

1. Anyone who snatches socialist property shall be sentenced to imprisonment for one to seven years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Organized;

c) Assaulting to escape;

Shall be sentenced to imprisonment for five to fifteen years.

Article 6. Crime of Intentionally Destroying or Damaging Socialist Property

1. Anyone who intentionally destroys or damages socialist property shall be sentenced to imprisonment for two to ten years.

2. In cases where the crime is committed under the following circumstances:

a) Setting fire or using other dangerous methods;

b) Destroying or damaging a large quantity of property or property of special value;

c) Causing damage to security or national defense;

d) Endangering the lives or health of citizens or causing other serious consequences.

e) To conceal another crime;

Shall be sentenced to imprisonment for seven to fifteen years.

3. In particularly serious cases, the offender shall be sentenced to imprisonment for twelve to twenty years, life imprisonment, or capital punishment.

Article 7. Crime of Stealing Socialist Property

1. Any person who steals socialist property shall be sentenced to imprisonment for a term of from six months to five years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Organized;

c) Using accomplices;

d) Employing cunning and dangerous methods;

đ) Stealing a large quantity of property or property of special value;

e) Using stolen property for business, exploitation, speculation, or other criminal activities;

Shall be sentenced to imprisonment for a term of from three to twelve years.

3. In cases where the amount of property infringed upon is extremely large or there are many serious circumstances, or causing particularly serious consequences, the offender shall be sentenced to imprisonment for a term of from ten to twenty years, life imprisonment, or death penalty.

Article 8. Crime of Embezzlement of Socialist Property

1. Any person who takes advantage of their position or authority to embezzle socialist property shall be sentenced to imprisonment for a term of from six months to seven years.

2. In cases where the crime is committed under the following circumstances:

a) Reoffending dangerously;

b) Organized;

c) Using accomplices;

d) Employing cunning and dangerous methods;

đ) Embezzling a large quantity of property or property of special value;

e) Using embezzled property for business, exploitation, speculation, bribery, or other criminal activities;

Shall be sentenced to imprisonment for five to fifteen years.

3. In cases where the amount of property infringed upon is extremely large or there are many serious circumstances, or causing particularly serious consequences, the offender shall be sentenced to imprisonment for a term of from twelve to twenty years, life imprisonment, or death penalty.

Article 9. Crime of Extortion of Socialist Property

1. Any person who threatens to use violence or employs other means to intimidate the person responsible for socialist property with the aim of appropriating such property shall be sentenced to imprisonment for a term of from one to seven years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Taking advantage of their position or authority;

c) Appropriating a large quantity of property or property of special value;

Shall be sentenced to imprisonment for five to fifteen years.

Article 10. Crime of Fraudulent Appropriation of Socialist Property

1. Any person who uses false documents, fraud in weighing, measuring, counting, calculating, or employs other deceitful means to appropriate socialist property shall be sentenced to imprisonment for a term of from six months to five years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Organized;

c) Using accomplices;

d) Impersonating or taking advantage of the name of state agencies, enterprises, military units, people's organizations, cooperatives, or employing other cunning and dangerous means;

đ) Appropriating a large quantity of property or property of special value;

e) Using appropriated property for business, exploitation, speculation, bribery, or other criminal activities;

Shall be sentenced to imprisonment for a term of from three to twelve years.

3. In cases where the amount of property infringed upon is extremely large or there are many serious circumstances, or causing particularly serious consequences, the offender shall be sentenced to imprisonment for a term of from ten to twenty years, life imprisonment, or death penalty.

Article 11. Crime of Misappropriation of Socialist Property through Breach of Trust

1. Any person who receives socialist property for safekeeping, transportation, processing, repair, or for some other purpose and misappropriates, reduces, or substitutes such property through breach of trust shall be sentenced to imprisonment for a term of from six months to five years.

2. In cases where the crime is committed under the following circumstances:

a) Reoffending dangerously;

b) Organized;

c) Using accomplices;

d) Employing cunning and dangerous methods;

đ) Appropriating a large quantity of property or property of special value;

e) Using appropriated property for business, exploitation, speculation, bribery, or other criminal activities;

Shall be sentenced to imprisonment for a term of from three to twelve years.

3. In cases where the amount of property infringed upon is extremely large or there are many serious circumstances, the offender shall be sentenced to imprisonment for a term of from ten to twenty years.

Article 12. Crime of Intentionally Violating Principles, Policies, Systems, and Regulations on Economy and Finance, Causing Damage to Socialist Property

1. Any person who takes advantage of their position or authority and intentionally violates principles, policies, systems, and regulations on economy and finance, causing damage to socialist property shall be sentenced to imprisonment for a term of from six months to seven years.

2. In cases where the crime is committed under the following circumstances:

a) Organized;

b) Using accomplices;

c) Intentionally assisting organizations or individuals in conducting business, exploitation, speculation, or committing other crimes;

d) Employing cunning and dangerous methods;

đ) Causing significant damage to socialist property or causing other serious consequences;

Shall be sentenced to imprisonment for a term of from five to fifteen years.

3. In cases where causing particularly serious consequences, the offender shall be sentenced to imprisonment for a term of from twelve to twenty years.

Article 13. Offense of violating the ration coupon system for the distribution of socialist public property

1. Any person who steals, forges, distributes ration coupons contrary to policy, regulations, or engages in other actions that violate the ration coupon system, documents, ledgers, causing damage to the State's plan for distributing goods and materials, seriously affecting production and people's lives shall be sentenced to imprisonment from six months to seven years.

2. In cases where the offense results in particularly serious consequences, the offender shall be sentenced to imprisonment from five years to fifteen years.

Article 14. Offense of dereliction of duty causing serious damage to socialist public property

1. Any person directly responsible for managing socialist public property, due to lack of responsibility, fails to comply with or complies incorrectly with principles, policies, regulations, causing loss, damage, waste, resulting in serious damage to socialist public property shall be sentenced to imprisonment from six months to seven years.

2. In cases where the offense results in particularly serious consequences, the offender shall be sentenced to imprisonment from five years to fifteen years.

Article 15. Offense of improperly using socialist public property

1. Any person who improperly uses socialist public property for personal gain shall be sentenced to imprisonment from three months to three years.

2. In cases where the crime is committed under the following circumstances:

a) Reoffending dangerously;

b) Organized;

c) Using accomplices;

d) Causing serious consequences;

Shall be sentenced to imprisonment from two years to ten years.

Article 16. Offense of improperly holding socialist public property

1. Any person who intentionally holds socialist public property mistakenly delivered to them or intentionally holds property they find, capture, or dig up knowing it to be socialist public property but does not hand it over to the relevant authority shall be sentenced to imprisonment from three months to three years.

2. Any person who intentionally improperly holds socialist public property of special value shall be sentenced to imprisonment from two years to seven years.

3. Any person who intentionally improperly holds socialist public property of special value and gives it away or exchanges, sells it shall be sentenced to imprisonment from five years to ten years.

Article 17. Offense of harboring or consuming socialist public property that has been appropriated

1. Any person who knowingly harbors or consumes socialist public property that has been appropriated shall be sentenced to imprisonment from six months to five years.

2. In cases where the crime is committed under the following circumstances:

a) Professional or dangerous repeat offenses;

b) Organized;

c) Harboring or consuming a large quantity of property or property of special value;

d) Using harbored property for business, exploitation, speculation, bribery, or other criminal activities;

Shall be sentenced to imprisonment for a term of from three to twelve years.

Article 18. Offense of negligently causing serious damage to socialist public property

1. Any person who negligently causes destruction or damage to socialist public property, resulting in serious damage, shall be sentenced to imprisonment from three months to three years.

2. In cases where the offense results in particularly serious consequences, the offender shall be sentenced to imprisonment from two years to seven years.

Article 19. Offense of shielding perpetrators of offenses against socialist public property

1. Any person who, although aware of the occurrence of an offense against socialist public property, takes advantage of their position or power, intentionally obstructs the discovery, investigation, and punishment of the perpetrator shall be sentenced to imprisonment from three months to three years.

2. In cases where the offense involves acts of repression or revenge against those fighting to uncover crimes and perpetrators, the offender shall be sentenced to imprisonment from two years to seven years.

Chapter III

GENERAL PROVISIONS

Article 20. Additional penalties

In addition to the main penalties specified in each article of Chapter II, offenders may also be subject to additional penalties as follows:

1. For committing any of the offenses specified in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, and 19, they may be prohibited from assuming positions directly related to socialist public property for a period of two to five years.

2. For committing any of the offenses specified in Articles 4, 5, 6, 7, 9, 10, and 17 in cases involving a professional nature, they may be sentenced to compulsory residence, forced residence, or prohibition from residing in certain areas for a period of one to five years.

3. For committing any of the offenses specified in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17, depending on the severity of the crime or the amount of illicit gains, they may be fined from fifty to five thousand units of currency or have part or all of their property confiscated.

Article 21. Returning and Compensating for Socialistic Property that has been Violated

The perpetrator who violates socialistic property must return such property to the State or to the collective. If the violated property no longer exists or is damaged, the perpetrator must compensate.

Article 22. Cases Requiring Harsher Punishment

Those who commit crimes stipulated in Chapter II and whose criminal acts fall into one or more of the following situations shall be subject to harsher punishment:

1. Causing direct damage to production or people's livelihoods, or to national security or defense.

2. Taking advantage of wartime conditions, areas with military operations, natural disasters, or other difficulties to commit crimes.

3. Fabricating or intentionally distorting statistical data or results of economic plans or work plans to conceal criminal activities.

4. Leading criminal activities or actively carrying out criminal acts.

5. Recidivism or the perpetrator being an undesirable element.

Article 23. Cases Requiring Lesser Punishment or Exemption from Punishment

Those who commit crimes stipulated in Chapter II and whose criminal acts fall into one or more of the following situations shall be subject to lesser punishment or exemption from punishment:

1. The crime has not been discovered, but the perpetrator voluntarily confesses to the specialized agency, clearly stating their own actions and those of accomplices.

2. The perpetrator takes actions to prevent or reduce the harm caused by the crime.

3. Before being tried, the perpetrator voluntarily compensates or rectifies the damage caused.

4. The crime causes insignificant damage.

Article 24. Application of Similar Principles

1. For violations of socialistic property not specified in this Ordinance, similar provisions in this Ordinance shall be applied for adjudication.

2. For violations of property from other countries located on the territory of the Democratic Republic of Vietnam, the provisions of this Ordinance shall be applied for adjudication.

Article 25. Effectiveness of the Ordinance

1. Crimes violating socialistic property committed before the promulgation date of this Ordinance, but not yet adjudicated, shall be adjudicated according to this Ordinance.

2. Previous regulations contrary to this Ordinance are hereby abolished.

This Ordinance was adopted by the Standing Committee of the National Assembly in Hanoi on October 21, 1970.