What is embezzling charitable funds? What is the penalty for embezzling charitable funds?

Currently, there are no legal provisions explaining what constitutes embezzlement of charitable funds. However, it can be understood as follows:

Embezzling charitable funds is the act of misappropriating or misusing money donated for charitable activities.

• The person or organization entrusted with managing charitable funds used part or all of those funds for personal purposes instead of transferring them to the intended recipients.
• Falsely report the amount of donations received, keeping a portion undisclosed.
• Using the name of charity to solicit donations but not actually carrying out charitable activities, or only carrying out a small portion of them.

Note: Information is for reference only.

According to Article 15 of Decree 144/2021/NĐ-CP, the following provisions apply:

Violation of regulations causing damage to the property of organizations or individuals

1. A fine of between 2,000,000 and 3,000,000 VND shall be imposed for any of the following acts:

a) Theft of property, trespassing into residential areas, warehouses, or other locations under the management of others for the purpose of theft or property seizure;

b) Openly seizing property;

c) Using fraudulent means or absconding to appropriate property or, at the time of returning property borrowed, rented, or leased from another person or received from another person under a contract, intentionally failing to return the property despite having the means and ability to do so;

d) Failure to return property to another person due to borrowing, renting, or leasing property from another person or receiving property from another person through a contract but using that property for illegal purposes, resulting in an inability to return the property;

d) Negligence causing damage to the property of the State, agencies, organizations, or enterprises.

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3. Additional penalties:

a) Confiscate evidence and means of administrative violations for acts specified in points a, b, c, and d of paragraph 1 and points a, b, c, and d of paragraph 2 of this Article;

b) Deport foreign nationals who commit administrative violations specified in paragraphs 1 and 2 of this Article.

4. Remedial measures:

a) Require the return of illegal profits obtained by violating the provisions of points c, d, and e of paragraph 2 of this Article;

b) Compel the return of property unlawfully possessed in violation of the provisions of points d and e of paragraph 2 of this Article;

c) Require restoration to the original state for violations of the provisions in point a of paragraph 2 of this Article.

Thus, the act of embezzling charitable funds is considered an act of using tricks or creating circumstances to force others to give money or property to oneself, and is punishable by a fine of up to 3 million VND.

In addition, individuals who embezzle charitable funds are also subject to additional penalties such as confiscation of evidence and administrative violation vehicles.

Note: The above penalties apply to individuals. For organizations committing the same violations, the fines shall be twice the amount of the fines imposed on individuals (Pursuant to Clause 2, Article 4 of Decree No. 144/2021/NĐ-CP).

What is embezzling charitable funds? Does embezzling charitable funds constitute the crime of fraudulently appropriating property? (image from the internet)

How many years in prison for embezzling charitable funds and being prosecuted for fraud and property misappropriation?

According to Article 174 of the 2015 Criminal Code, amended by Clause 3 of Article 2 of the 2017 Law Amending the Criminal Code, the penalties for the crime of fraudulently appropriating property are as follows:

Frame 1: Any person who, by fraudulent means, appropriates another person's property valued at between VND 2,000,000 and under VND 50,000,000, or under VND 2,000,000 but falls under one of the following circumstances, shall be subject to non-custodial reform for up to three years or imprisonment for a term of six months to three years:

• Has been administratively penalized for property misappropriation and continues to violate the law;
• Has been convicted of this offense or of any of the offenses specified in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, has not had the conviction expunged, and has committed another violation;
• Adversely affecting security, order, and social safety;
• The property is the primary means of livelihood for the victim and their family.

Frame 2: Committing a crime in any of the following cases shall be punished by imprisonment from 02 years to 07 years:

• Organized;
• Professional in nature;
• Theft of property valued between 50,000,000 VND and less than 200,000,000 VND;
• Dangerous recidivism;
• Abuse of position, authority, or use of the name of an agency or organization;
• Using cunning tactics;

Section 3: A person who commits a crime under any of the following circumstances shall be punished by imprisonment for a term of 7 to 15 years:

• Theft of property valued between 200,000,000 VND and less than 500,000,000 VND;
• Taking advantage of natural disasters and epidemics.

Section 4: A person who commits a crime in any of the following circumstances shall be punished by imprisonment for a term of 12 to 20 years or life imprisonment:

• Stealing property worth 500,000,000 VND or more;
• Taking advantage of the war situation, the state of emergency.

In addition, offenders may also be fined between VND 10,000,000 and VND 100,000,000, prohibited from holding certain positions, prohibited from practicing certain professions or performing certain jobs for a period of one to five years, or have some or all of their assets confiscated.

Thus, depending on the severity of the offense, the act of embezzling charitable funds for the purpose of fraudulently appropriating property may be prosecuted as the crime of fraudulently appropriating property with the aforementioned penalties.

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What behaviors are strictly prohibited in charitable activities to address the consequences of natural disasters?

According to Article 5 of Decree 93/2021/NĐ-CP, the following acts are strictly prohibited:

(1) Obstructing or coercing organizations or individuals to participate in soliciting, contributing, receiving, distributing, and using voluntary contributions.

(2) Reporting or providing false information; misappropriation; distribution, misuse, distribution at the wrong time, or distribution to the wrong recipients of funds from voluntary contributions.

(3) Exploiting the mobilization, receipt, distribution, and use of voluntary contributions for personal gain or to carry out activities that violate national security or social order and safety.