No table of contents available
Are you or someone you know being investigated for embezzlement in Vietnam? What asset value leads to criminal liability, what are the penalties, and is there a safer legal approach available?
When people hear the term “embezzlement,” many – especially foreign professionals working in Vietnam – assume that only large amounts of money would lead to criminal prosecution. However, Vietnamese law sets a much lower threshold than most expect.
This misunderstanding often creates anxiety when individuals are invited to work with the police or become subjects of investigation. Many ask themselves whether the amount involved is enough to trigger criminal charges and whether there is any way to mitigate the situation.
To avoid serious legal consequences, it is essential to clearly understand how Vietnamese law defines and evaluates asset value in embezzlement cases.
According to Article 353 of the 2015 Criminal Code (as amended in 2017), embezzlement refers to an act where a person holding a position or authority abuses that position to appropriate assets under their management.
There are two key elements:
First, the offender must hold a position of authority or responsibility, such as a director, accountant, financial manager, or anyone entrusted with managing company assets.
Second, the appropriated assets must fall within the lawful management scope of the organization or enterprise.
For foreign nationals working in Vietnam, especially within foreign-invested companies or multinational corporations, holding a managerial or financial control role may still subject them to criminal liability under this provision.
Under current Vietnamese law, embezzlement may be subject to criminal prosecution when the value of the appropriated assets is from VND 2,000,000 (approximately USD 80) or higher.
Specifically:
From VND 2,000,000 and above: Criminal liability may arise if all legal elements of the offense are satisfied.
Below VND 2,000,000: Criminal prosecution is still possible if certain conditions apply, such as prior disciplinary action or administrative penalties for similar conduct, serious consequences, or repeat offenses.
This demonstrates that Vietnamese law does not rely solely on asset value but considers the overall nature, context, and consequences of the conduct.
Understanding the threshold for criminal liability is only the first step. A more pressing concern for many individuals is the potential penalties and whether there are ways to mitigate legal consequences.
In practice, the outcome of a case depends on multiple factors, not just the value of the assets involved.
Vietnamese law provides several penalty brackets for embezzlement depending on the value of the assets and the seriousness of the conduct:
From VND 2 million to under VND 100 million: Imprisonment ranging from 2 to 7 years.
From VND 100 million to under VND 500 million: Imprisonment ranging from 7 to 15 years.
From VND 500 million to under VND 1 billion: Imprisonment ranging from 15 to 20 years.
From VND 1 billion and above: May face the most severe penalties under Vietnamese law, including life imprisonment.
In addition to the main penalty, offenders may also be subject to supplementary penalties such as prohibition from holding certain positions, monetary fines, and compensation obligations.
It is important to note that these are statutory frameworks, not guaranteed outcomes for every case.
In real cases, authorities consider various factors when determining liability and penalties:
Role in the offense: Whether the individual was the main actor or acted under instruction.
Personal benefit: Whether the individual directly benefited from the conduct.
Cooperation with authorities: Whether the individual provides truthful statements and cooperates during the investigation.
Remedial actions: Whether the individual returns the assets or compensates for damages.
For foreign nationals, additional factors such as language barriers, unfamiliarity with the legal system, and procedural differences may significantly affect how the case is handled and understood.
Facing a criminal investigation in a foreign country can be overwhelming. However, the key is not panic, but taking the right steps early.
Proper handling at the initial stage can significantly impact the direction and outcome of the case.
Foreign individuals often make critical mistakes such as providing statements without fully understanding their legal rights, signing documents without proper explanation, or proceeding without legal representation from the beginning.
Another common mistake is underestimating the seriousness of the case due to the relatively small value involved.
These actions may negatively affect the entire legal process.
Instead of handling the situation alone, it is advisable to seek legal advice as early as possible.
A qualified lawyer can help explain your rights and obligations, assess the initial case file, guide you in working with authorities, and develop a legal strategy tailored to your situation.
In cases involving foreign elements, having legal counsel experienced in both Vietnamese law and international clients can help avoid misunderstandings and unnecessary risks.
DEDICA is a law firm based in Ho Chi Minh City, with extensive experience in advising and defending foreign clients involved in criminal matters in Vietnam.
Typical cases include foreign individuals under investigation for economic crimes, working with police authorities, or participating as victims in criminal proceedings.
DEDICA focuses on delivering practical legal solutions, helping clients clearly understand their situation and make informed decisions.
We do not guarantee specific outcomes, as each case depends on its unique circumstances and legal factors. Instead, our goal is to protect our clients’ legitimate rights and minimize legal risks at every stage.
Under Vietnamese law, embezzlement can lead to criminal liability even at relatively low asset values, starting from VND 2,000,000 if all legal elements are met.
This highlights the importance of not underestimating legal risks or relying on incorrect assumptions.
For foreign nationals, proactively understanding the legal framework and seeking appropriate legal support early can make a significant difference in protecting your rights and navigating the legal process effectively.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
Select a platform to view details
