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Forging diplomas and certificates can result in up to 7 years in prison.

Việt NamViệt Nam07/07/2024

A degree is a document or record issued by a competent organization to qualified individuals in terms of knowledge, skills, and experience depending on a specific field. This is also a required document for certain specific professions.

However, nowadays, the situation of buying and selling fake degrees is becoming more and more sophisticated, public and complicated. Just by performing a few operations online, the phone numbers of the subjects who fake degrees and certificates will immediately appear. Many subjects even openly and proactively send text messages to advertise their activities. Brokerage lines as well as fake degree activities exist with increasingly sophisticated tricks.

In mid-June 2023, the Investigation Police Agency of Ha Tinh City Police, Ha Tinh Province successfully dismantled a ring of forged documents of transnational agencies and organizations, prosecuted 24 defendants, and seized many related exhibits. This is a ring of forged degrees and documents with many participants, operating nationwide. Initially, the Police Agency determined that the subjects had illegally profited more than 20 billion VND from illegal activities.

In Binh Dinh province, the provincial Public Security Investigation Agency has dismantled a large-scale ring specializing in selling fake degrees and certificates, with the participation of dozens of subjects. Since 2018, according to state regulations, fishing vessels must have certificates for mechanics, captains, and chief engineers when operating. Knowing that fishermen wanted to buy and use these certificates, Nguyen Tan Hai colluded with many other subjects to fake these certificates and sell them to fishermen for prices ranging from 2 to 5 million VND.

Nam Tu Liem District Police, Hanoi City dismantled a group of fake diploma makers led by two brothers Le Van Hoang and Le Hoang Phi residing in Binh Thuan. The gang forged diplomas from thousands of colleges and universities across the country; 1 ton of diploma blanks and certificates of all kinds; 1,200 stamps from universities, colleges, and intermediate schools, along with many related machines and equipment.

These are just a few of the hundreds, thousands of cases of fake diplomas and certificates that the authorities have investigated and arrested. It can be said that making fake diplomas is a serious crime that can cause great consequences for society.

Luật sư Đặng Văn Cường, Trưởng văn phòng Luật sư Chính pháp.
Lawyer Dang Van Cuong, Head of Chinh Phap Law Office.

Lawyer Dang Van Cuong, Head of the Chinh Phap Law Office, said that if any agency or organization does not have the functions or duties but issues diplomas and certificates, or does not have the authority but impersonates another agency or organization to issue diplomas and certificates, it is a violation of the law. Depending on the nature and severity of the violation and the consequences, the violating organization or individual will be subject to administrative sanctions or criminal prosecution.

Accordingly, Article 341 of the 2015 Penal Code, amended and supplemented in 2017, provides penalties for the crime of forging seals and documents of agencies and organizations; the crime of using fake seals or documents of agencies and organizations as follows:

- Frame 1: Anyone who forges seals, documents or other papers of an agency or organization or uses forged seals, documents or papers to commit illegal acts shall be subject to a fine of VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 3 years or imprisonment from 6 months to 2 years.

- Frame 2: Committing a crime in one of the following cases shall be punished with imprisonment from 2 to 5 years:

+ Organized;

+ Committing the crime 2 times or more;

+ Make 2 to 5 seals, documents or other papers;

+ Using seals, documents or other papers to commit less serious crimes or serious crimes;

+ Illegal profits from 10,000,000 VND to under 50,000,000 VND;

+ Dangerous recidivism.

- Frame 3: Committing a crime in one of the following cases shall be punished with imprisonment from 3 to 7 years:

+ Make 06 or more seals, documents or other papers;

+ Using seals, documents or other papers to commit very serious crimes or especially serious crimes;

+ Illegal profits of 50,000,000 VND or more.

- Frame 4: The offender may also be fined from VND 5,000,000 to VND 50,000,000.”.

Furthermore, according to Article 359 of the Penal Code, anyone who, for personal gain or other personal motives, takes advantage of his/her position or power to commit one of the following acts:

- Correcting or falsifying the content of documents and papers;

- Making and issuing fake documents;

- Forging signatures of people with positions and authority.

Thus, for the crime of forgery in work:

+ The subject of impact is the papers and documents signed by people with authority.

+ The offender has influenced the papers, documents, and signatures to be incorrect and not true to reality.

+ The object of infringement is the proper operation of an organization, causing the organization to be weakened and lose its reputation.

The prison sentence for the crime of forgery in work under Article 359 of the Penal Code is as follows:

- Frame 1: Anyone who, for personal gain or other personal motives, takes advantage of his/her position or power to commit one of the following acts shall be sentenced to imprisonment from 1 year to 5 years:

+ Correcting or falsifying the content of documents and papers;

+ Making and issuing fake documents;

+ Forging signatures of people with positions and authority.

- Frame 2: Committing a crime in one of the following cases shall be punished with imprisonment from 3 to 10 years:

+ Organized;

+ The offender is the person responsible for creating or issuing the papers and documents;

+ Making and issuing fake documents in quantities from 2 to 5 fake documents.

- Frame 3: Committing a crime in one of the following cases shall be punished with imprisonment from 7 to 15 years:

+ Making and issuing fake documents in quantity from 6 to 10 fake documents;

+ To commit a less serious crime or a serious crime.

- Frame 4: Committing a crime in one of the following cases shall be punished with imprisonment from 12 to 20 years:

+ Making and issuing fake documents in quantity of 11 fake documents or more;

+ To commit a very serious crime or an especially serious crime.

In addition, the offender is also banned from holding certain positions or doing certain jobs from 1 to 5 years, and may be fined from 10,000,000 VND to 100,000,000 VND.

According to VOV

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