Acts of destroying another person’s property are common in practice. In many cases, such behaviors result from sudden conflicts or loss of self-control. However, if they meet the elements constituting a crime, the offender may face severe criminal punishment, with the maximum sentence reaching 20 years of imprisonment.

NPLaw would like to provide a detailed analysis to help you better understand the legal aspects of property destruction, as follows:
I. What is property destruction?
Property destruction refers to an intentional act of making another individual, organization, or agency’s property lose functional value, being not able to be used or repaired. Such a conduct is considered socially dangerous as it infringes upon the lawful property rights of others.
Under Vietnamese law, individuals who engage in property destruction may be subject to administrative fines or criminal prosecution, depending on its level and consequences.
II. Elements constituting the crime of property destruction
Article 178 of the Penal Code 2015 provides the legal regulations for the crime of property destruction, which includes the following elements:
- Object of the crime: The lawful property ownership rights of others.
- Subject: Any individual who has full criminal liability capacity and has reached the age of criminal responsibility.
- Objective element: The offender intentionally damages another person’s property through actions such as breaking, burning, or throwing the property into water, resulting in significant damage, value reduction, or total destruction. Accordingly, such actual damage is a required element of the crime, but criminal liability cannot be imposed without obtaining actual damage.
- Subjective element: The crime is committed with an intentional fault.
Destruction acts of property can result in criminal prosecution when having these elements. If they are not met, the offender may still face administrative sanctions.
III. Legal consequences of the property destruction
1. Administrative sanctions
If the act does not meet the conditions for criminal prosecution, the offender may be fined under Point a, Clause 2, Article 15 of Decree No. 144/2021/NĐ-CP. The fine ranges from 3,000,000 VND to 5,000,000 VND.

In addition, the offender may be subject to supplementary sanctions and required to take remedial measures for the damage caused.
2. Criminal liability
Article 178 of the Penal Code 2015 regulates sufficient elements to constitute a criminal offense of an act of destroying another person's property, as follows:
- Anyone who destroys another person's property worth from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but falls into one of the following cases:
- Has been administratively sanctioned for one of acts specified in this Article and still commits the violation;
- Has been convicted of such a crime with an existing criminal record and still commits the violation;
- Causes a negative impact on social security, order and safety;
- Includes the violated property as main means of making a life of the victim and their family;
- Includes the violated property as a relic or antique.
Accordingly, the fine level ranges from 10,000,000 VND to 50,000,000 VND, or subject to non-custodial sentence (probation) for up to 03 years or imprisonment from 06 months to 03 years.
IV. Common legal questions on the property destruction
1. Can you claim compensation if someone destroys property on your land?
Article 170 of the Civil Code 2015 allows owners or lawful users of property to claim compensation from those who infringe upon their rights.

In addition, under Clause 1, Article 589 of the Civil Code, when the destruction of property constitutes actionable damage, the owner has a full legal basis to claim compensation.
2. If a cow is injured by a person’s intentional act, is compensation calculated as the full value of the cow?
Although actual damages must be compensated fully and promptly under Article 585 of the Civil Code, injuring a cow does not demand conditions on compensation for its full value according to Article 589. Instead, the parties can agree on a reasonable amount corresponding to the actual damage.
3. Can someone be imprisoned for destroying property valued under 2,000,000 VND?
An act falls into the specific circumstances listed in Clause 1, Article 178 of the Penal Code, imprisonment from 6 months to 3 years may apply even if the damage is below 2,000,000 VND.
4. What if an act of property destruction unintentionally causes a person’s death?
If an act results in unintended death, the offender may face prosecution for two separate crimes:
- Property destruction (Article 178, Penal Code); and
- Involuntary manslaughter (Article 128, Penal Code).
V. Legal advisory services on the property destruction
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