Question: Currently, there are some people who arbitrarily enter other people’s houses, provide documents, (transfer) contracts copies and assume that the house is owned by them, then proceed to repair the house when not allowed the owner’s permission. How is this behaviour handled?
Legal opinion:
The act of arbitrarily entering the house of another person, occupying the house, repairing or damaging existing property in the house may be administratively sanctioned or examined for penal liability, specifically:
First, administrative sanctions:
According to Article 15 of Decree No. 167/2013/ND-CP “regulations on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence”:
Article 15. Violation of regulations on causing damage to the others’ assets
…A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Destroying and intentionally damaging the others’ assets;
b) Causing loss or damage to the State’s assets assigned for direct management;
c) Using tricks or creating situation to force others to give money or assets;
d) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other assets;
dd) Trading, storing or using the others’ assets know that these assets are from the legal violation;
e) Illegally seizing the others’ assets;
Second, criminal handling:
The above behaviour can also be prosecuted for penal liability if there are enough elements to constitute a crime. Criminals that may be prosecuted may be:
- Home infringement:
Article 158. Home infringement
- A person who commits any of the following acts shall face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment:
a) Illegally searching another person’s home;
b) Illegally evict a person from his/her home;
c) Illegally occupying a home or obstructing its lawful residents or managers from entering their home;
d) Invading a person’s home.
2. This offence committed in any of the following circumstances carries a penalty of 01 – 05 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence involves abuse of the offender’s her position or power;
c) The offence has been committed more than once;
d) The offence results in the suicide of the victim;
dd) The offence has a negative impact on social safety, order and security.
- Deliberate destruction of property
Article 178. Deliberate destruction of property
- Any person who deliberately destroys another person’s property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article;
b) The offender has an unspent conviction for the same offence;
c) The offence has a negative impacts on social safety, order, and security;
d) The property destroyed is the primary means of livelihood of the victim and the victim’s family;
dd) The property destroyed is a souvenir or relic.
2. This offence committed in any of the following circumstances carries a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;
c) The property destroyed is national treasure;
d) The offence is committed using a flammable substance or other dangerous methods;
dd) The offence is committed to conceal another crime;
e) The offence is committed because of the victim’s official duties;
g) Dangerous recidivism.
3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 – 10 years’ imprisonment.
4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 – 20 years’ imprisonment.
5.The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.
