Buying a fake university diploma for a few million VND to apply for a job, or paying to forge an entire dossier for a promotion — many people think this is just a “minor violation,” with the worst case being caught and fired. In reality, Vietnamese criminal law treats this very seriously: Article 341 of the Penal Code 2015 (amended in 2017) sets penalties of up to 07 years imprisonment for large-scale fake diploma operations.
This article analyzes the criminal and administrative penalties for buying, selling and using fake diplomas and certificates under current law.
1. Criminal penalties (Article 341, Penal Code 2015)
Article 341 covers the crime of forging seals and documents of agencies and organizations, and the crime of using fake seals or documents, with three main penalty frames:
Clause 1 — Basic frame: anyone who forges seals, documents or other papers of agencies or organizations, or uses fake seals, documents or papers to commit illegal acts, faces a fine of VND 30-100 million, non-custodial reform of up to 03 years, or imprisonment of 06 months to 02 years.
Clause 2 — Imprisonment of 02 to 05 years for: organized crime; committing the offense 02 or more times; forging 02 to 05 seals, documents or papers; using fake documents to commit less serious or serious crimes; earning illicit gains of VND 10-50 million; or dangerous recidivism.
Clause 3 — Imprisonment of 03 to 07 years for: forging 06 or more seals, documents or papers; using fake documents to commit very serious or particularly serious crimes; or earning illicit gains of VND 50 million or more.
Offenders may additionally face a supplementary fine of VND 5-50 million (Clause 4).
2. Can a buyer of a fake diploma go to prison?
The answer depends on whether it was used:
- Bought and used the fake diploma to commit an illegal act (job application, promotion review, enrolling in higher education): all elements of the crime under Clause 1, Article 341 are met — fines, non-custodial reform or imprisonment may apply;
- Bought but not yet used: the elements of the crime are not complete, so criminal prosecution does not apply — but this does not mean “innocent”; administrative handling may still follow.
3. Administrative penalties — a point to note
One notable point: Decree 04/2021/ND-CP (effective 10/3/2021, replacing Decree 138/2013/ND-CP) no longer sets specific fines for buying, selling or using fake diplomas and certificates. It only sanctions related violations:
- Using someone elses diploma or certificate; letting others use ones own; using altered or corrected diplomas: fine of VND 5-10 million;
- Issuing diplomas or certificates in violation of regulations: fine of VND 30-40 million (for organizations).
This gap in standalone administrative sanctions underscores the legal viewpoint: this conduct is primarily handled through criminal sanctions under Article 341.
4. Consequences beyond the sentence
Even escaping criminal prosecution, users of fake diplomas face severe consequences:
- Using a fake diploma to study further: expulsion and cancellation of academic results; higher degrees earned on a fake foundation are also revoked;
- Using a fake diploma for employment: dismissal and disciplinary action; employers may sue for damages;
- Brokers and advertisers of fake diploma services: handled as accomplices (Article 17, Penal Code) — assisting the crime.
5. Frequently asked questions
Q: Is it a crime to pick up someone elses lost fake diploma and use it for a job?
A: Yes. “Using fake papers to commit an illegal act” does not distinguish how the fake was obtained — picked up, bought or gifted, using it still constitutes the crime.
Q: Are fake language or IT certificates treated like fake university diplomas?
A: Yes. Article 341 covers all “documents and papers of agencies and organizations” — fake language, IT or professional certificates all fall within its scope.
Q: Where to report a fake diploma ring?
A: Report to the police where the conduct was discovered. Whistleblowers are protected by law; voluntary surrender and cooperation may mitigate punishment.
Need legal advice on a matter involving diplomas or certificates? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.
