Lawyer Nguyen Van Hau, Vice Chairman of the Ho Chi Minh City Lawyers’ Association said that the behavior of taking advantage of sorrowful circumstances to call for charity and appropriate the fundraised amount is considered as an illegal act, which will be performed administrative fine or criminal prosecution depending on each case and violation levels.
In case of calling fundraising from other people for charity and appropriating the money, they will be imposed a fine of between VND1 million (US$44) and VND2 million (US$88) for the act of using deceitful tricks or running away to appropriate the others’ assets noted on Article 15 of the Decree No. 167/2013/ND-CP of the Government. Besides, the violators will be seized the appropriated money.
Seriously, the cases shall be possibly handled with the crime of obtaining property by fraud regulated on Article 173 of Criminal Law. Accordingly, a person who uses deception to obtain another person's property, which is assessed at from VND2 million (US$88) to under VND50 million (nearly US$2,200), or property assessed at under VND2 million (US$88) in any of the following cases shall face a penalty of up to three years' community sentence or six months to 20 years' imprisonment or life-sentence.
Seriously, the cases shall be possibly handled with the crime of obtaining property by fraud regulated on Article 173 of Criminal Law. Accordingly, a person who uses deception to obtain another person's property, which is assessed at from VND2 million (US$88) to under VND50 million (nearly US$2,200), or property assessed at under VND2 million (US$88) in any of the following cases shall face a penalty of up to three years' community sentence or six months to 20 years' imprisonment or life-sentence.
Decree No.93/2021/ND-CP also regulates that activists are not allowed to use their personal bank accounts to call for charity but open accounts of commercial banks in each campaign instead. Therefore, people should not transfer money to the personal bank accounts of activists.
