HOW ARE FOREIGN NATIONALS WHO COMMIT PROPERTY DAMAGE IN VIETNAM SUBJECT TO LEGAL SANCTIONS?

Foreign nationals residing, studying, working, or travelling in Vietnam are required to fully comply with the laws of Vietnam. Where a foreign national commits an act of destroying or intentionally damaging another person’s property, depending on the nature and severity of the violation as well as the value of the damage caused, he or she may be subject to administrative sanctions or criminal prosecution in accordance with applicable laws. In addition, the offender is obligated to compensate for the damage caused to the infringed property in accordance with the provisions on civil liability.

I. Legal basis

  • Decree No. 282/2025/ND-CP
  • The Criminal Code 2015

II. Administrative liability

Pursuant to Point a, Clause 2, Article 18 of Decree No. 282/2025/ND-CP, a fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on a foreign national who destroys or intentionally damages the property of another individual or organization, or jointly owned property co-owned by himself or herself and another individual or organization, where such conduct has not yet reached the threshold for criminal prosecution.

Furthermore, Article 4 also prescribes a remedial measure for acts of property damage, requiring the offender to restore the property to its original condition, except where such restoration is impossible due to the nature or extent of the damage.

HOW ARE FOREIGN NATIONALS WHO COMMIT PROPERTY DAMAGE IN VIETNAM SUBJECT TO LEGAL SANCTIONS?

III. Criminal liability

The offender may be subject to criminal liability for the offence of Destroying or Intentionally Damaging Property as prescribed under Article 178 of the 2015 Criminal Code, as amended in 2017. The principal penalties under each sentencing bracket are as follows:

Section 01:

  • Destroying or intentionally damaging another person’s property valued at between VND 2 million and under VND 50 million, or valued at less than VND 2 million but falling under any of the circumstances prescribed by law.
  • Penalty: A fine ranging from VND 10 million to VND 50 million, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

Section 02:

  • Where the offence falls under any of the following circumstances:
    • Committed in an organized manner;
    • Causing damage to property valued at from VND 50 million to VND 200 million;
    • The property is a national treasure;
    • Using flammable or explosive substances or other dangerous methods;
    • For the purpose of concealing another criminal offence;
    • For reasons related to the victim’s official duties;
    • Dangerous recidivism.
  • Penalty: Imprisonment for a term of from 02 to 07 years.

Section 03:

  • Where the offence causes damage to property valued at from VND 200 million to VND 500 million.
  • Penalty: Imprisonment for a term of from 05 to 10 years.

Section 04:

  • Where the offence causes damage to property valued at VND 500 million or more.
  • Penalty: Imprisonment for a term of from 10 to 20 years.

In addition to the principal penalties set out above, the offender may also be subject to an additional fine ranging from VND 10 million to VND 100 million, prohibition from holding certain positions, or prohibition from practising certain professions or performing certain occupations for a period of from 01 to 05 years.

In addition, a foreign offender may also be subject to the penalty of “Expulsion” in accordance with Article 37 of the 2015 Criminal Code, as amended in 2017. Depending on the circumstances of the case, the court may impose this penalty either as a principal penalty or as an additional penalty.

IV. Civil liability for damages

Pursuant to Clause 1, Article 584 of the 2015 Civil Code, any person who infringes upon the life, health, honour, dignity, reputation, property, or other lawful rights and interests of another person and thereby causes damage shall be liable to pay compensation for such damage, except where otherwise provided by law.

With respect to persons entitled to diplomatic or consular immunity, pursuant to Article 5 of the 2015 Criminal Code, as amended in 2017, any foreign national who commits a criminal offence within the territory of the Socialist Republic of Vietnam and is entitled to diplomatic or consular immunity under the laws of Vietnam, an international treaty to which the Socialist Republic of Vietnam is a contracting party, or customary international law, shall be subject to the relevant provisions governing such immunity. Where such a person is subject to criminal liability, the matter shall be resolved in accordance with the applicable international treaty or the relevant rules of customary international law.

V. Conclusion

Vietnamese law safeguards the property rights of all individuals and organizations and imposes stringent legal sanctions against acts of destroying or intentionally damaging property. Depending on the circumstances of the case, a foreign national who commits such conduct within the territory of Vietnam may be subject to administrative penalties, criminal liability, civil liability for damages, and, where applicable, expulsion from Vietnam. Accordingly, understanding and complying with Vietnamese law is essential for all foreign nationals in order to protect their lawful rights and interests, as well as to avoid potential legal risks arising during their residence, study, employment, business activities, or travel in Vietnam.

VI. About Us, Hankuk Law Firm

hankuk law firm 1

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

Hankuk banner fb update 3 scaled

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/ 

FB: https://www.facebook.com/hankuk.lawfirm 

Tiktok: https://www.tiktok.com/@hankuklawfirm

Youtube: https://www.youtube.com/@hankuklawfirm6375

Email:  info@hankuklawfirm.com  

SĐT: 0942.339.063

QR HKL 1