What are the consequences for organizations or individuals who fail to transfer or fully transfer the donated funds to the Vietnam Fatherland Front’s account, or who cannot prove that the funds were used for their intended purpose?
In response to the recent severe damage caused by Storm No. 3 (Yagi), many organizations and individuals have appealed for donations to support the affected communities. However, there have been concerns raised about the handling of these donations.
Landslide in Nam Tong, Bac Ha District, Lao Cai Province, claiming lives and leaving many missing. Photo: Nguyen Huong
The Ministry of Public Security has clarified that Decree 93 of 2021 governs the mobilization, reception, distribution, and utilization of voluntary contributions to address difficulties caused by natural disasters, epidemics, and accidents, as well as support for patients with critical illnesses.
The decree prohibits the following acts: obstructing or coercing organizations or individuals engaging in the mobilization, contribution, reception, distribution, or utilization of voluntary contributions; providing false reports or information; misappropriating, misusing, or distributing contributions in a manner that is untimely, inappropriate, or not aligned with the intended purpose; and exploiting the contribution mobilization process for personal gain or engaging in activities that compromise national security or social order and safety.
When can these acts be considered for criminal prosecution?
According to the Ministry of Public Security, the determination of criminal prosecution depends on the specific circumstances, nature, and severity of the offense committed by the individual or organization. In the first instance, if an individual or organization employs deceptive tactics and deliberately plans charitable appeals with the intention of appropriating assets, they may face criminal charges for fraud under Article 174 of the 2015 Penal Code, which carries a maximum sentence of life imprisonment.
In the second scenario, if the initial charitable appeals are not made with fraudulent intent, but the individual or organization subsequently employs deceptive tactics (such as falsifying bank statements or transferring insufficient funds) to appropriate the donated money, they may be charged with abuse of trust under Article 175 of the 2015 Penal Code, which carries a maximum sentence of 20 years in prison.
Administrative penalties may also apply
The Ministry of Public Security further explains that administrative penalties may be imposed if an individual or organization exploits charitable appeals for personal gain but does not meet the threshold for criminal prosecution under the aforementioned offenses. In such cases, Decree 144 of 2021, issued by the Government, stipulates administrative sanctions for violations related to social order and safety, social vices, fire prevention and control, search and rescue, and domestic violence prevention.
Specifically, using deceptive tactics to appropriate assets and cause damage to the property of organizations or individuals is subject to a monetary penalty ranging from 2 million to 3 million VND. Additionally, the violator may face confiscation of tools and means related to the violation and, if a foreigner, may be subject to deportation. For organizations committing the same violation, the penalty is twice the amount for individuals.
Regarding the misuse of donated funds, Decree 130 of 2021, issued by the Government, stipulates administrative sanctions in the field of social assistance, social work, and child protection. Violators may be fined between 5 million and 10 million VND for one of the following acts: damaging or causing the loss of relief funds or goods, except in cases of force majeure due to natural disasters or fires; using or distributing relief funds or goods inappropriately or to the wrong beneficiaries; or exchanging relief goods.
Additionally, the following remedial measures may be imposed: requiring the violator to compensate for the damaged or lost relief funds or goods, to return any illegal benefits obtained from the violation, and to cover all medical expenses (if any) for relief recipients whose health has been affected by the violation.
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