How is the crime of destruction and intentional damage to property handled?

Reply:

Property destruction and intentional damage to property are two acts with quite similar characteristics and are jointly regulated in one article as the crime of "Destruction or intentional damage to property" in Article 178 of the 2015 Penal Code, amended and supplemented in 2017. However, these are two independent acts.

Destruction of property is the act of causing damage to another person's property to the extent of losing its value or function or use or being completely destroyed. Intentional damage to property is the act of causing another person's property to lose part or decrease its value or use but to a degree that can be restored or repaired.

Article 178 of the 2015 Penal Code (amended and supplemented in 2017 in Clauses 1, 2, 3 and 4) stipulates the crime of "Destruction or intentional damage to property" as follows:

1. A person who destroys or intentionally damages another person's property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Having been administratively sanctioned for one of the acts specified in this Article but still committing the violation;

b) Having been convicted of this crime, not yet had the criminal record cleared, and still committing the crime;

c) Adversely affecting social security, order and safety;

d) The property is the main means of livelihood of the victim and their family;

d) Assets are relics and antiques.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

a) Organized;

b) Causing damage to property worth from VND 50,000,000 to under VND 200,000,000;

c) Property is a national treasure;

d) Using flammable or explosive substances or other dangerous methods;

d) To conceal other crimes;

e) For official reasons of the victim;

g) Dangerous recidivism.

3. Committing a crime causing damage to property worth from VND 200,000,000 to under VND 500,000,000 shall be punishable by imprisonment from 05 years to 10 years.

4. Committing a crime causing damage to property worth VND 500,000,000 or more shall be punishable by imprisonment from 10 to 20 years.

5. The offender may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.