Recently, there have been many scandals and mixed opinions, good and bad, related to artists calling and raising money for charity. From a legal perspective. We see that the law has not specifically guided this work; However, when implementing it, it is necessary to ensure transparency, publicity, and the right purpose of the money mobilized. If the money raised is not used for the right purpose as called for, and the artists are not transparent, the artists may be handled by the legal authorities, the highest level is criminal prosecution according to the provisions of this Law. The Penal Code 2015 amended and supplemented in 2017 is as follows:
- The crime of defrauding and appropriating property is specified in Article 174 of the Penal Code
Article 174 of the Penal Code stipulates: Those who use fraudulent tricks to appropriate other people’s property valued at VND 2,000,000 or more, depending on each specific case, the nature and degree of danger of Offenses in which the offender commits fraud to appropriate property may be subject to non-custodial reform for up to 03 years or a prison term of between 06 months and 20 years or life imprisonment. In addition, the offenders may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or part of it confiscated. entire property.
- Crime of abuse of trust to appropriate property provided for in Article 175 of the Penal Code
Article 175 of the Penal Code 2015 amended and supplemented 2017 stipulates: Those who perform one of the following acts: Borrowing, borrowing, or renting property of another person or receiving another person’s property in the form of a contract and then using it. fraudulent tricks or absconding to appropriate such property or on time to return the property, despite having conditions and capabilities, but deliberately failing to pay; Borrowing, borrowing or renting another person’s property or receiving another person’s property under a contract and using that property for an illegal purpose, resulting in the inability to return the property that the property with a value of VND 4,000,000 or more, the offenders may be subject to non-custodial reform for up to 3 years or a prison term of between 6 months and 20 years. In addition, the offenders may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or part of it confiscated. entire property.
In addition, if raising money to establish a charity fund, the mobilizer must carry out the procedures for establishing a charity fund and obtain a fund operation license issued by a competent state agency as prescribed in Decree No. 93. /2019/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charity funds.
So we should be careful when raising money or setting up a fund for charity. The motive may be right, but in the wrong way or not at all, you could be in big legal trouble.
