Crime of violating regulations on banking activities under the latest Penal Code
(Baonghean.vn) - Recently, bank credit cases have become increasingly larger in both behavior and consequences, and the number of criminals has increased. So how are crimes of violating regulations on banking activities and other activities related to banking activities regulated?
That is the concern of Ms. Tran Thi Thao (Yen Thanh, Nghe An).
Reply:The crime of violating regulations on banking activities and other activities related to banking activities is regulated in Article 206 of the Penal Code 2015, amended and supplemented in 2017 as follows:
- Anyone who commits one of the following acts causing property damage to another person from VND 100,000,000 to under VND 300,000,000 shall be subject to a fine from VND 50,000,000 to VND 300,000,000 or imprisonment from 06 months to 03 years:
+ Granting credit in cases where credit is not granted, except in cases where credit is granted in the form of issuing credit cards;
+ Granting unsecured credit or granting credit with preferential conditions to subjects whose credit is restricted according to the provisions of law;
+ Violation of regulations on safety ratios for operations of credit institutions and foreign bank branches as prescribed by the Law on Credit Institutions;
+ Intentionally inflating the value of collateral when appraising the price to grant credit in cases where collateral is required;
+ Violating the provisions of law on total outstanding credit balance for subjects subject to credit restrictions;
+ Granting credit exceeding the equity limit for a customer and related persons, except in cases where there is approval from a competent authority as prescribed by law;
+ Violating the provisions of law on capital contribution, capital contribution limits, share purchase, and credit conditions;
+ Issuing, supplying, using illegal means of payment; forging payment documents, means of payment; using fake payment documents, means of payment;
+ Illegal gold trading or illegal foreign exchange trading;
+ Conducting banking activities without permission from a competent State agency as prescribed by the Law on the State Bank of Vietnam and the Law on Credit Institutions.”.
- Committing a crime causing property damage from 300,000,000 VND to under 1,000,000,000 VND shall be punished with imprisonment from 03 years to 07 years.
- Committing a crime causing property damage from VND 1,000,000,000 to under VND 3,000,000,000 shall be punished with imprisonment from 07 years to 12 years.
- Committing a crime causing property damage of VND 3,000,000,000 or more shall be punished with imprisonment from 12 to 20 years.
- The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Penalties applicable to offenders who violate regulations on banking activities and other activities related to banking activities: For cases that fall under the basic elements: Offenders may be fined from VND 50,000,000 to VND 300,000,000 or imprisoned from 06 months to 03 years. For cases that fall under the aggravating elements, depending on the level of danger of the crime: Offenders may be imprisoned from 03 years to 20 years.
In addition, the offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
