If I borrow 5 million and don't pay it back for a long time, will I be prosecuted?

Reply:Disputes over loan contracts are civil disputes, the statute of limitations for filing a lawsuit regarding a contract is 03 years, from the date the person with the right to claim knows or should know that his/her legitimate rights and interests have been violated.

Therefore, when the statute of limitations for filing a lawsuit is still valid and the borrower fails to repay the debt, the lender can file a lawsuit and accompanying evidence at the competent People's Court for trial according to the provisions of law.

However, if the borrower is able to repay the debt but intentionally fails to repay by using fraudulent means or absconding to appropriate property, he or she may be prosecuted for criminal liability for the crime of abuse of trust to appropriate property.

According to Article 175 of the 2015 Penal Code Regulations on the crime of abuse of trust to appropriate property are as follows:

- A person who commits one of the following acts of appropriating another person's property worth from VND 4,000,000 to under VND 50,000,000 or under VND 4,000,000 but has been administratively sanctioned for the act of appropriating property or has been convicted of this crime, or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 174 and 290 of this Code, has not had his/her criminal record expunged and continues to commit the violation, or the property is the main means of livelihood of the victim and their family, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

+ Borrowing, lending, renting other people's property or receiving other people's property by contract and then using fraudulent tricks or absconding to appropriate that property, or intentionally not returning the property when the time comes, despite having the conditions and ability;

+ Borrowing, renting, or leasing another person's property or receiving another person's property by contract and using that property for illegal purposes, resulting in the inability to return the property.

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

+ Organized;

+ Professional;

+ Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;

+ Taking advantage of position, power or taking advantage of the name of an agency or organization;

+ Use cunning tricks;

+ Adversely affect security, order and social safety;

+ Dangerous recidivism.

- Crime of appropriating property worth from 200,000,000 VND to under 500,000,000 VND, shall be punished with imprisonment from 05 years to 12 years.

- Crime of appropriating property worth 500,000,000 VND or more, shall be punished with imprisonment from 12 years to 20 years.

- 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 or have part or all of his/her assets confiscated.

Thus, anyone who borrows money from another person in the form of a contract from 4 million VND to under 50 million VND or under 4 million VND but has been administratively sanctioned or convicted of a number of crimes according to regulations and then uses fraudulent tricks or absconds to appropriate that property or when the deadline for returning the property comes, despite having the conditions and ability, deliberately does not pay, may be prosecuted for criminal liability for the crime of abuse of trust to appropriate property..

The maximum penalty for this crime is 20 years in prison, in addition to a fine of VND 10,000,000 to VND 100,000,000, a ban on holding a position, practicing a profession or doing certain jobs from 01 year to 05 years, or confiscation of part or all of the property.