How is repeated theft handled when the stolen property's value is less than 2 million VND per instance?

Property theft is a prevalent offense in society. This act not only causes material damage but also disrupts public order and security, and infringes upon the lawful property rights of citizens. Although the law has strict provisions to penalize theft, this crime continues to occur in various forms. Currently, a highly debated issue is determining the legal liability when an individual commits repeated theft, but the value of the stolen property in each instance is under 2,000,000 VND.

I. What is theft of property?

Theft of property is the act of a person surreptitiously and illegally taking another person's property without the consent of the owner or the person responsible for managing the property, with the aim of appropriating the property for personal gain.

II. Legal sanctions for theft of property

1. Administrative penalties

Pursuant to Point a, Clause 1, Article 15 of Decree 144/2021/ND-CP, individuals who commit acts of theft of property may be fined from 2,000,000 VND to 3,000,000 VND.

In addition, violating individuals may also be subject to an additional penalty of confiscation of the exhibits and means of the violation. If the violator is a foreigner, the additional penalty of expulsion will also be applied.

2. Criminal prosecution

2.1. Charge / Offense

According to Article 173 of the 2015 Penal Code (Amended and supplemented in 2017), anyone who steals another person's property may be criminally prosecuted for the offense of "Theft of property".

2.2. Penalty framework

2.2.1. Principal penalties

a. Non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years

• Stealing another person's property valued from 2,000,000 VND to under 50,000,000 VND;

• Stealing another person's property valued under 2,000,000 VND but having previously been administratively sanctioned for an act of property appropriation and still committing the violation / Causing a negative impact on security, order, and social safety / The property is the primary means of livelihood of the victim and their family / The property is a relic or antique.

• Stealing another person's property valued under 2,000,000 VND but having previously been convicted of this offense or of robbery / kidnapping for property appropriation / extortion / snatching property / open appropriation of property / fraud for property appropriation / abuse of trust for property appropriation / using computer networks, telecommunications networks, or electronic means to commit acts of property appropriation, without having the criminal record expunged, and still committing the violation;

b. Imprisonment from 02 years to 07 years

• Organized;

• Professional nature;

• Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

• Using deceitful and dangerous tricks;

• Assaulting to escape;

• The property is a national treasure;

• Dangerous recidivism.

c. Imprisonment from 07 years to 15 years

• Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

• Taking advantage of natural disasters or epidemics.

d. Imprisonment from 12 years to 20 years

• Appropriating property valued at 500,000,000 VND or more;

• Taking advantage of war conditions or states of emergency.

2.2.2. Additional penalties

In addition to the principal penalties mentioned above, the offender may also be fined from 5,000,000 VND to 50,000,000 VND.

2.3. Elements of the offense

2.3.1. Object

The offender directly infringes upon the property ownership rights of the State, agencies, organizations, or individuals.

2.3.2. Objective side

a. Objective acts

The criminal act involves appropriating another person's property, but it is carried out surreptitiously and discreetly. The offender often takes advantage of the loopholes and lack of vigilance of the owner or property manager, or takes advantage of objective circumstances such as crowded, jostling places, etc., to commit the act of property appropriation.

b. Consequences

Causing damage in terms of the value of the illegally appropriated property.

2.3.3. Subjective side

a. Fault

The crime is committed with direct intentional fault: The offender knows that it is another person's property, is fully aware that their act causes property damage to another person, but still carries it out with the desire or letting the consequences occur.

b. Purpose

The purpose of the offender is to appropriate another person's property; this is a mandatory sign of the elements of the offense.

2.3.4. Subject

The subject of the crime is a person aged 16 or older with full capacity for criminal responsibility.

Persons aged from full 14 to under 16 years old shall only bear criminal responsibility if they commit a criminal act falling under the cases specified in Clauses 3 and 4, Article 173 of the 2015 Penal Code (Amended and supplemented in 2017) because it belongs to very serious or particularly serious crimes.

III. How is multiple thefts of property handled when the value of the property each time is under 2 million VND?

Pursuant to Section 3, Part I of Official Dispatch No. 64/TANDTC-PC of 2019 by the Supreme People's Court, in case a person commits theft of property multiple times, but each time the value of the infringed property is under 2,000,000 VND, they shall be criminally prosecuted for the offense of "Theft of property" when fully meeting the following conditions:

• Not falling under a case subject to criminal prosecution for another offense;
• Not having been administratively sanctioned for any of the acts of property theft;
• The statute of limitations for administrative sanctions has not yet expired;
• The total value of the property from the acts of theft is equal to or greater than 2,000,000 VND;
• The acts of property theft are committed continuously and successively in time.

Thus, the act of multiple thefts where the property value each time is under 2,000,000 VND can still face criminal prosecution for the offense of "Theft of property" if fully meeting the statutory conditions. This regulation shows that Vietnamese law has a strict and decisive attitude towards theft crimes, in order to ensure the lawful property ownership rights of citizens, and at the same time promptly prevent acts capable of causing more serious consequences in the future.

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