How is extortion/protection racket punished?

Reply

According to the Ministry of Public Security: Protection rackets are serious violations of the law, and depending on the nature, extent, and consequences of the act, the perpetrator may be subject to disciplinary action, administrative penalties, or criminal prosecution. Specifically, as follows:

Prosecution under criminal law.:

If the act of extortion shows signs of a crime, the perpetrator may be prosecuted under the 2015 Penal Code (amended and supplemented in 2017), with several related offenses such as:

- The crime of extortion (Article 170):

+ The act of using force or threats to coerce others into paying "protection money".

+ Penalties: Depending on the severity, the sentence can range from one year to life imprisonment.

- The crime of organizing or protecting illegal activities (e.g., prostitution, gambling...):

+ Organizing, harboring, or protecting prostitution: Articles 327, 328.

+ Organizing or facilitating gambling: Article 322.

+ Penalties: Up to 15 years in prison, depending on the offense.

- The crime of abusing one's position and authority while performing official duties (Article 356):

+ Officials and civil servants abuse their power to cover up or illegally interfere in public affairs.

+ Penalties: Imprisonment from 1 to 15 years, depending on the case.

- The crime of accepting bribes (Article 354):

+ Accepting money and assets in exchange for protection or turning a blind eye to wrongdoing.

+ Penalties: From 2 years to the death penalty (if the amount of money is large or the crime is organized).

Administrative handling:

According to Decree 144/2021/ND-CP on administrative sanctions in the field of security and order, some acts related to "protection rackets" may be handled under the following provisions:

- Article 7. Acts that violate public order:

According to Clause 1, Point d: A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of "Gathering many people in public places causing public disorder" - this act often occurs in protection rackets at business establishments, restaurants, parking lots, markets, etc.

- Article 19. Violations of regulations on the prevention and control of social evils:
According to Clause 2, point d: A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of: "Organizing, harboring, enticing, or luring others to commit acts violating the law on social vices" - if the protection racket is related to prostitution, gambling, usury, etc.

Party disciplinary action:
If they are Party members, they will be subject to disciplinary action according to Regulation 69-QĐ/TW of 2022 issued by the Central Committee of the Communist Party of Vietnam: reprimand, warning, dismissal from office, or expulsion from the Party if they protect or cover up illegal acts, negative behavior, or corruption.