.png)
Legal situation: My uncle, while drunk, stole a phone worth VND 10,000,000. After being requested by the phone's owner to return it, my uncle did so and did not cause any damage to the phone. So how will my uncle be punished? My uncle did not have a criminal record, and he has expressed a cooperative attitude; it's only because he was too drunk to control his behavior.
FDVN’s opinion:
Thank you for sending your question to FDVN Law Firm ("FDVN"). We did some legal research based on the information you provided and the following are our opinions regarding your question:
There are no provisions in Vietnam law removing the act caused by a person under the influence of alcohol from liability. According to Article 13 of the Criminal Code 2015 about crimes committed under the influence of alcohol or other strong stimulants, "A person who has lost his/her awareness or control of his/her acts because of the influence of alcohol or other strong stimulants still has to bear criminal responsibility."
Thus, in this case, your uncle, who stole the other person's phone while being drunk, is still liable for his act.
Depending on the value of the stolen phone, your uncle may face criminal prosecution or bear administrative liability.
Criminal Sanction:
If the stolen phone is assessed at over VND 2,000,000, or under VND 2,000,000 but in one of the cases being prosecuted for criminal liability, your uncle may be prosecuted for Theft of property according to Article 173 of the Criminal Code 2015, as amended in 2017, specifically:
"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 cases 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;
dd) The property is devise, antiquity
2. This offence committed in any of the following cases shall carry 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 cases specified in Point a through d Clause 1 of this Article;
g) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry 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 offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment:
a) The property stolen is VND 500,000,000 or over;
b) 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."
Note that property theft is considered complete when the offender has obtained the property. Compact objects (such as phones) are considered obtained when the offender has hidden such objects in his or her body, luggage,... In this case, the fact that your uncle has returned the property is considered a mitigating factor, which helps reduce the punishment (but the offense still exists).
Administrative Sanction:
If there are not enough elements to constitute a crime, your uncle may be administratively sanctioned according to Article 15.1.a and Article 15.3 of Decree 144/2021/ND-CP of the Government:
"1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Stealing property, entering residential areas, warehouses or other places under the management of others for the purpose of stealing or appropriating property;
2. Additional penalties:
a) Confiscate exhibits and means of administrative violations, for the acts specified at Points a, b, c and d Clause 1 and Points a, b, c and dd Clause 2 of this Article;
b) Deport foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.”
The above are FDVN's opinions on your matter based on the provisions of the law. Our opinions may change when additional information is provided.
We hope it's beneficial to you!
Legal Advisor Dang Thi Anh - FDVN Law Firm
(1).jpg)
CONTACT US:
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
366 Phan Chu Trinh, Hue City, Thua Thien Hue
Lawyers in Ho Chi Minh City:
No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City
Lawyers in Ha Noi:
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Lawyers in Nghe An:
No. 19 V.I Lenin street, Vinh City, Nghe An Province
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Youtube: https://www.youtube.com/c/luatsufdvn
Telegram: https://t.me/luatsufdvn
Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam
Other Articles
- QUY ĐỊNH VỀ KHOẢN VAY NƯỚC NGOÀI, HỒ SƠ, THỦ TỤC ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC / REGULATIONS ON FOREIGN LOANS, DOSSIER AND PROCEDURES FOR REGISTRATION OF FOREIGN LOANS WITH THE STATE BANK
- BÀI HỌC TIẾNG ANH PHÁP LÝ: IN VIEW OF
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN VƯƠNG QUỐC ANH GIẢI QUYẾT TRANH CHẤP QUYỀN SỞ HỮU TRÍ TUỆ ĐỐI VỚI PHẦN MỀM / COLLECTION 10 UNITED KINGDOM COURT JUDMENTS ON SOFTWARE INTELLECTUAL PROPERTY DISPUTES
- TỔNG HỢP 12 BẢN ÁN CỦA TÒA ÁN SINGAPORE VỀ AI, BLOCKCHAIN, TIỀN ĐIỆN TỬ VÀ TÀI SẢN SỐ / COLLECTION 12 SINGAPORE COURT JUDGMENTS ON AI, BLOCKCHAIN, CRYPTOCURRENCY AND DIGITAL ASSETS
- TỔNG HỢP CÁC MẪU HỢP ĐỒNG THỬ VIỆC VÀ HỢP ĐỒNG CÓ ĐIỀU KHOẢN THỬ VIỆC TRÊN THẾ GIỚI / COLLECTION OF PROBATIONARY EMPLOYMENT CONTRACT TEMPLATES AND EMPLOYMENT CONTRACT TEMPLATES CONTAINING PROBATIONARY CLAUSES AROUND THE WORLD
- WINNING THE TRIBUNAL (ADVOCACY, STRATEGY, AND PERSUASION BEFORE THE ARBITRAL TRIBUNAL) BY HERMAN, HENRY & DOMINIC
- THE CONTRACT CLAUSE DICTIONARY (MODEL DRAFTING FOR THE CLAUSES THAT RECUR ACROSS COMMERCIAL PRACTICE WORLD WIDE) BY HERMAN, HENRY & DOMINIC
- BLACK'S LAW DICTIONARY (ABRIDGED TENTH EDITION) BY BRYAN A.GARNER
- CẤU TRÚC “NOT ONLY … BUT ALSO …”
- THE ARCHITECTURE OF THE DEAL: THE STRUCTURES THAT DEFINES A DECADE OF GLOBAL M&A BY HERMAN, HENRY & DOMINIC
- ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES, SEMINAR PAPERS, AND GETTING ON LAW REVIEW BY EUGENE VOLOKH
- THE CONTRACT COMPASS BASIS PRINCIPLES FOR DRAFTING AND READING EVERY AGREEMENT BY HERMAN, HENRY & DOMINIC
- CÔNG VĂN 7751/BNG-LS CỦA BỘ NGOẠI GIAO NGÀY 03 THÁNG 09 NĂM 2026 VỀ VIỆC TRIỂN KHAI THỰC HIỆN CÔNG ƯỚC APOSTILLE
- PRIVATE M&A NEGOTIATION A PRACTITIONER'S COMPANION TO THE SHARE PURCHASE, SUBSCRIPTION & SHAREHOLDER'S AGREEMENT BY HERMAN, HENRY & DOMINIC
- LITIGATION IN TWO WORLDS CIVIL AND CORMMERCIAL COURT PROCEDURE IN VIETNAM AND THE UNITED STATES: A PRACTITIONER'S COMPARATIVE GUIDE BY HERMAN, HENRY & DOMINIC
- HƯỚNG DẪN THỰC HIỆN LUẬT THƯƠNG MẠI ĐIỆN TỬ VÀ NGHỊ ĐỊNH 248/2026/NĐ-CP



