Pursuant to Point c, Clause 2, Article 18 of Decree 282/2025/ND-CP, it is stipulated as follows:
Article 18. Violating regulations on causing damage to the assets of other organizations and individuals
2. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:
a) Destroying or intentionally damaging the property of another individual or organization or its co-owned property with another individual or organization but not to the extent of criminal prosecution, except for the cases specified in Point a, Clause 3, Article 26, Point b, Clause 1, Article 44, Point b, Clause 2, Article 46 of this Decree;
b) Using tricks or creating circumstances to force others to give money or assets in violation of the law;
c) Fraudulent appropriation of property but not to the extent of criminal prosecution or fraud, fraud in brokerage, guidance on introducing services for buying, selling houses, land or other assets;
d) Buying, selling, holding or using other person's property that is clearly known to be due to a violation of the law;
d) Illegally possessing other person's property but not to the extent of criminal prosecution or illegally using, buying, selling, mortgaging, or mortgaging other person's property;
e) Extortion of property but not prosecuted for criminal liability.
3. Additional penalty:
a) Confiscation of exhibits and means of administrative violation for violations specified in Points a, c and g, Clause 1; Points a, b and c, Clause 2 of this Article;
b) Based on the nature, extent, consequences of the violation, the violator and mitigating circumstances, aggravating circumstances to decide to apply the form of deportation penalty to foreigners who commit administrative violations as prescribed in Clause 2 of this Article.
4. Remedial measures:
a) Forced to return any illegal profits obtained from committing a violation of the provisions of Points c, d and dd, Clause 2 of this Article;
Thus, fraud in real estate brokerage but not to the extent of criminal prosecution is a violation of regulations on causing damage to the assets of other organizations and individuals, which can be subject to an administrative fine of VND 3,000,000 to VND 5,000,000.
At the same time, according to Clause 2, Article 5 of Decree 282/2025/ND-CP, the above fine is the fine applied to administrative violations by individuals. For organizations with the same violation, the fine is twice the fine for individuals.
In addition to the administrative penalty, depending on the nature of the incident, the violator may also be subject to:
- Confiscation of exhibits and means of violation.
- Forced to return any illegal profits gained from committing the violation.
- Foreigners who violate the law may be deported.
