Advice on how to handle employee property theft

Dragon Firm Advice clients on how to handle employee property theft

 Question:

Mr. A is the driver of our company. Our company specializes in distributing gasoline to retailers. In the course of transporting goods, Mr. A withdraws gasoline in the drum and replaces poor quality gasoline. Mr. A's goal is to get real gasoline to sell to others to earn money for personal expenses. This makes us affected by reputation and compensation to customers. The lawyer please advise how to resolve my company. Thank you!

Answer: Dragon Law Firm consult to you as following:

Firstly, You must first determine the amount of gasoline your company has drawn from Mr. A and replace it with poor quality gasoline. Then you calculate the value of this volume of gasoline, to determine how to handle Mr. A.

Secondly, your company may reprimand and ask Mr. A to pay an amount equivalent to the amount of gasoline that Mr. A stole. If Mr. A denies, not agreeing to return money to your company, your company may fire Mr. A. Vietnamese law allows this.

If the value of the gasoline that Mr. A stole is more than 2 million, your company can denounce A for "stealing property" and send it to the police to handle.

Article 173. Theft of property

1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family; the property taken is a souvenir, memento or religious item that has a spiritual value to the victim.

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 offence is committed in a professional manner;

c) The property obtained is from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article;

c) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

The above is the advice of the Dragon Firm for you. 

For more detail, kindly contact to Dragon Law at:

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