How many years in prison for setting up an illegal fund?
(Baonghean.vn) - The situation of illegal fund establishment often appears in organizations and state agencies, causing negative effects in economic management activities. So, how is the act of illegal fund establishment understood? What are the sanctions for the crime of illegal fund establishment? The issue of concern of Mr. Ngo Tuan (Vinh City).
Reply: Establishing an illegal fund is the act of taking advantage of one's position and authority to establish a cash fund or a fund of other goods without reporting or control, and then using this fund for private purposes, causing damage to State assets.
According to Article 205 of the 2015 Penal Code:
1. Anyone who abuses his/her position and power to establish a fund in violation of the law and uses that fund to cause damage to State property from VND 50,000,000 to under VND 200,000,000 or has been disciplined for this act but still commits the violation, shall be subject to a fine of VND 50,000,000 to VND 100,000,000 or to non-custodial reform for up to 03 years.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 500,000,000 or imprisonment from 01 year to 05 years:
a) Using cunning tricks to evade control;
b) To commit other illegal acts;
c) Causing damage to State property from VND 200,000,000 to under VND 1,000,000,000.
3. Committing a crime causing damage to State property from VND 1,000,000,000 or more shall be punished with imprisonment from 05 years to 10 years.
4. The offender is also prohibited from holding a position, practicing a profession or doing certain jobs from 01 year to 05 years, and may be fined from 10,000,000 VND to 50,000,000 VND.
The crime of establishing an illegal fund has 3 main penalties, depending on the level, the lowest fine is 50 million VND, the highest prison sentence is 10 years. Additional penalties: ban from holding a position, ban from practicing a profession or doing certain jobs from 01 year to 05 years, can be fined from 10,000,000 VND to 50,000,000 VND.
