THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness --------- |
No: 15/1999/QH10
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Hanoi, December 21, 1999
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(NO. 15/1999/QH10)
FOREWORD
Criminal law constitutes one of the sharp and effective
instruments to prevent and combat crime, actively contributing to the defense
of independence, sovereignty, unity and territorial integrity of the socialist
Vietnamese Fatherland, the protection of the interests of the State as well as
the legitimate rights and interests of citizens and organizations. It also
contributes to the maintenance of social order and security and economic
management order and provides security for all people to live in a safe,
healthy and highly humane social and ecological environment. At the same time
the criminal law actively contributes to doing away with elements which
obstruct the process of renewal and national industrialization and
modernization for a prosperous people, a strong country and an equitable and
civilized society.
This Penal Code has been made on the basis of inheriting and
promoting the principles and institutions of Vietnams criminal legislation,
particularly the 1985 Penal Code, as well as experiences drawn from the reality
of the struggle to prevent and combat crimes over many decades of the process
of national construction and defense.
The Penal Code demonstrates the spirit of active prevention
and resolute combat against crimes through penalties in order to deter,
educate, convert and reform offenders into honest people; thereby to imbue
every citizen with the spirit and sense of being masters of the society, the
sense of law observance and active participation in crime prevention and
combat.
To strictly implement the Penal Code is the common task of
all agencies, organizations and the entire population.
GENERAL PART
Chapter I
FUNDAMENTAL PROVISIONS
The Penal Code has the tasks of protecting the socialist
regime, the people’s mastership, equality among people of various nationalities,
the interests of the State, the legitimate rights and interests of citizens and
organizations, protecting the socialist law order, opposing all acts of
criminal offense; at the same time educating people in the sense of law
observance and struggle to prevent and combat crime.
In order to carry out such tasks, the Penal Code defines
crimes and the penalties for offenders.
Only those persons who have committed crimes defined by the
Penal Code shall bear the penal liabilities therefor.
1. All acts of criminal offenses must be timely detected and
handled in a prompt, just and enlightened manner in strict accordance with
laws.
2. All offenders are equal before the law, regardless of
their sex, nationality, beliefs, religion, social class and status.
To severely penalize conspirators, ringleaders, commanders,
die-hard opposes, wrong-doers, hooligans, dangerous recidivists, those who have
abused their positions and powers to commit crimes and those who have committed
crimes with treacherous ploys, in an organized and professional manner, with
intention to cause serious consequences.
To grant leniency to persons who make confessions, make
honest declarations, denounce accomplices, redeem their faults with
achievements, show repentance, voluntarily right themselves or make
compensation for damage they have caused.
3. For first-time offenders of less serious crimes, who have
shown their repentance, penalties lighter than imprisonment may be imposed, and
they may be placed under the supervision and education of agencies,
organizations or families.
4. For persons sentenced to imprisonment, they must be
compelled to serve their sentences in detention camps, to labor and study so as
to become persons useful to society; if they make marked progress, they shall
be considered for commutation of their penalties.
5. Persons who have completely served their sentences shall
be given conditions to work and live honestly, to integrate themselves into the
community, and when they fully meet the conditions prescribed by law, their
criminal records shall be wiped.
1. The police, procuracy, court, judicial and inspection
bodies and other concerned agencies shall fulfill their respective functions
and tasks and at the same time guide and assist other State bodies,
organizations and citizens in preventing and combating crime as well as in
supervising and educating offenders at community level.
2. The agencies and organizations have a duty to educate
people under their respective management in raising their vigilance, the sense
of law protection and observance, and respect for the regulations of socialist
life; to take timely measures to eliminate the causes of and conditions for
committing crimes in their respective agencies and organizations.
3. All citizens have the obligation to actively participate
in the struggle to prevent and combat crimes.
Chapter II
EFFECT OF THE PENAL CODE
Article 5.- The effect of the Penal Code on criminal acts committed in
the territory of the Socialist Republic of Vietnam
1. The Penal Code applies to all acts of criminal offenses
committed in the territory of the Socialist Republic of Vietnam.
2. For foreigners who commit offense in the territory of the
Socialist Republic of Vietnam but are entitled to diplomatic immunities or
consular privileges and immunities under Vietnamese laws, international
treaties which the Socialist Republic of Vietnam has signed or acceded to or
the international practices, their criminal liabilities shall be settled
through diplomatic channels.
Article 6.- The effect of the Penal Code on criminal acts committed
outside the territory of the Socialist
Republic of Vietnam
1. Vietnamese citizens who commit offenses outside the
territory of the Socialist Republic of Vietnam may be examined for penal
liability in Vietnam
according to this Code.
This provision also applies to stateless persons who
permanently reside in the Socialist Republic of Vietnam.
2. Foreigners who commit offenses outside the territory of
the Socialist Republic of Vietnam may be examined for penal liability according
to the Penal Code of Vietnam in circumstances provided for in the international
treaties which the Socialist Republic of Vietnam has signed or acceded to.
1. The provision applying to a criminal act shall be the
provision currently in force at the time such criminal act is committed.
2. Provisions defining a new offense, a heavier penalty, a
new aggravating circumstance or restricting the scope of application of
suspended sentences, the exemption of penal liability and/or penalties, the
reduction of penalties or remission of criminal records, and other provisions not
in favor of the offenders, shall not apply to acts of criminal offense
committed before such provisions take effect.
3. Provisions canceling an offense, a penalty, an
aggravating circumstance and/or defining a lighter penalty, an extenuating
circumstance or broadening the scope of application of suspended sentences, the
exemption of penal liability, penalties, the reduction of penalties, the
remission of criminal records and other provisions in favor of the offenders,
shall apply to acts of criminal offenses committed before such provisions take
effect.
Chapter III
CRIMES
1. A crime is an act dangerous to the society prescribed in
the Penal Code, committed intentionally or unintentionally by a person having
the penal liability capacity, infringing upon the independence, sovereignty,
unity and territorial integrity of the Fatherland, infringing upon the
political regime, the economic regime, culture, defense, security, social order
and safety, the legitimate rights and interests of organizations, infringing
upon the life, health, honor, dignity, freedom, property, as well as other
legitimate rights and interests of citizens, and infringing upon other
socialist legislation.
2. Based on the nature and extent of danger to the society
of acts prescribed in this Code, crimes are classified into less serious
crimes, serious crimes, very serious crimes and particularly serious crimes,
3. Less serious crimes are crimes which cause no great harm
to society and the maximum penalty bracket for such crimes is three years of
imprisonment; serious crimes are crimes which cause great harm to society and
the maximum penalty bracket for such crimes is seven years of imprisonment;
very serious crimes are crimes which cause very great harm to society and the
maximum penalty bracket for such crimes is fifteen years of imprisonment;
particularly serious crimes are crimes which cause exceptionally great harms to
society and the maximum penalty bracket for such crimes shall be over fifteen
years of imprisonment, life imprisonment or capital punishment.
4. Acts showing signs of crime but which pose minimal danger
to society are not crimes and shall be handled by other measures.
The intentional commission of a crime is commission of crime
in the following circumstances:
1. The offenders are aware that their acts are dangerous to
society, foresee the consequences of such acts and wish such consequences to
occur;
2. The offenders are aware that their acts are dangerous to
society, foresee the consequences that such acts may entail and do not wish,
but consciously allow, such consequences to occur.
The unintentional commission of a crime is commission of
crime in the following circumstances:
1. The offenders foresee that their acts may cause harmful
consequences to society, but think that such consequences shall not occur or
can be warded off;
2. The offenders do not foresee that their acts may cause
harmful consequences to the society though they must have foreseen or did
foresee such consequences.
Persons who commit acts which cause harmful consequences to
the society due to unexpected events, namely in circumstances which they
cannot, or are not compelled to, foresee the consequences of such acts, shall
not have to bear penal liability therefor.
1. Persons aged full 16 or older shall have to bear penal
liability for all crimes they commit.
2. Persons aged full 14 or older but under 16 shall have to
bear penal liability for very serious crimes intentionally committed or
particularly serious crimes.
1. Persons who commit acts dangerous to the society while
suffering from mental disease or disease which deprives them of their
capability to be aware of or to control their acts, shall not have to bear
penal liability therefor; to these persons, the measure of enforced
hospitalization shall apply.
2. Persons who commit crimes while having penal liability
but falling into the state prescribed in Clause 1, of this Article, before
being sentenced, shall be subjected to enforced hospitalization. After
recovering from the illness, such persons may bear penal liability.
Article 14.- Committing crimes while in the state of being intoxicated
due to the use of alcohol or other strong stimulants
Persons who commit crimes while in the state of being
intoxicated due to the use of alcohol or other strong stimulants shall still
bear penal liability therefor.
Article 15.- Legitimate defense
1. Legitimate defense is an act of persons who, for the
purpose of protecting the interests of the State and/or organizations, as well
as the legitimate rights and interests of their own or other persons, need to
fight against persons who are committing acts infringing upon the interests of
the above-mentioned.
Legitimate defense is not a crime.
2. Acting beyond the prescribed legitimate defense limit is
the act of fighting back in a manner incompatible with the nature and the
extent of danger posed to the society by the act of infringement.
Persons who act beyond the limit of legitimate defense shall
bear penal liability therefor.
1. The urgent circumstance is the circumstance in which
persons who, because of wanting to ward off a danger practically jeopardizing
the interests of the State and/or organizations, the legitimate rights and
interests of their own or other persons and having no other alternatives, have
to cause damage smaller than the damage to be warded off.
Acts causing damage in urgent circumstances are not crimes.
2. Where the damage caused is obviously beyond the
requirement of the urgent circumstance, the persons who cause such damage shall
bear penal liability therefor.
Preparation for crime commission is to search for, prepare
instruments or create other conditions for committing crimes.
Persons who prepare for the commission of a very serious
crime or a particularly serious crime shall bear penal liability for their
attempted crime.
Incompleted commission of a crime is an intentional
commission of a crime which cannot be carried out to the end due to causes
beyond the control of the offender.
Persons who commit incompleted crimes shall bear penal
liability therefor.
To voluntarily terminate the commission of a crime is to
refuse at one’s own will to carry out a crime to the end though nothing
stands in the way.
A person who voluntarily terminates the commission of a
crime shall be exempt from penal liability for the attempted crime; if the act
actually committed fully consists of elements of another crime, such person
shall bear penal liability for such crime.
1. Complicity is where two or more persons intentionally
commit a crime.
2. The organizers, executors, instigators and helpers are
all accomplices.
The executors are those who actually carry out the crimes.
The organizers are those who mastermind, lead and direct the
execution of crimes.
The instigators are those who incite, induce and encourage
other persons to commit crimes.
The helpers are those who create spiritual or material
conditions for the commission of crimes.
3. The organized commission of a crime is a form of
complicity with close collusion among persons who jointly commit the crime.
Any person who, though having not earlier promised anything,
knows a crime has been committed and conceals the offender, traces and/or
exhibits of the crime or commits the act of obstructing the detection,
investigation and/or handling of the offender, shall bear penal liability for
the concealment of crime as provided for by this Code.
1. Any person who knows a crime is being prepared, carried
out or has been completed but fails to denounce it shall bear penal liability
for having failed to denounce it as provided for in Article 313 of this Code.
2. The grand-father, grand-mother, father, mother,
offspring, grandchild, sibling, wife or husband of an offender, who fails to
denounce the latter’s crime, shall bear penal liability only in cases of failing
to denounce crimes against national security or particularly serious crimes
prescribed in Article 313 of this Code.
Chapter IV
STATUTE OF LIMITATION FOR PENAL LIABILITY EXAMINATION,
PENAL LIABILITY EXEMPTION
PENAL LIABILITY EXEMPTION
Article 23.- Statute of limitation for penal liability examination
1. The statute of limitation for penal liability examination
is the time limit prescribed by this Code upon the expiry of which the offender
shall not be examined for penal liability.
2. The statute of limitation for penal liability examination
is stipulated as follows:
a) Five years for less serious crimes;
b) Ten years for serious crimes;
c) Fifteen years for very serious crimes;
d) Twenty years for particularly serious crimes.
3. The statute of limitation shall begin from the date a
crime is committed. If within the time limit prescribed in Clause 2 of this
Article, the offender commits a new crime for which this Code stipulates a
maximum penalty of over one year, the time already past must not be counted and
the statute of limitation for the previous crime shall be re-calculated from
the date the new crime is committed.
If within the above-said time limit, the offender
deliberately flees and is being hunted for by warrant, the time of fleeing away
must not be counted and the statute of limitation shall be re-calculated from
such time the person gives him/herself up or is arrested.
The statute of limitation for penal liability examination
prescribed in Article 23 of this Code shall not apply to crimes provided
for in Chapter XI and Chapter XXIV of this Code
1. An offender shall be exempt from penal liability if
during the investigation, prosecution or trial, due to a change of situation,
the act of criminal offense of the offender is no longer dangerous to the
society.
2. If before the act of criminal offense is detected, the
offender gives him/herself up and clearly declares and reports facts, thus
effectively contributing to the detection and investigation of the crime and
trying to minimize the consequences of the crime, he/she may also be exempt
from penal liability.
3. Offenders shall be exempt from penal liability when there
are decisions on general amnesties.
Chapter V
PENALTIES
Penalty is the most severe coercive measure applied by the
State so as to strip or restrict the rights and interests of the offenders.
Penalties are provided for in the Penal Code and decided by
the court.
Penalties aim not only to punish offenders but also to
rehabilitate them into persons useful to society and having the sense of
observing laws and regulations of the socialist life, preventing them from committing
new crimes. Penalties also aim to educate other people to respect laws and
prevent and combat crimes.
Penalties include principal penalties and additional
penalties.
1. The principal penalties include:
a) Warning;
b) Fine;
c) Non-custodial reform;
d) Expulsion;
e) Termed imprisonment;
f) Life imprisonment;
g) Death penalty.
2. The additional penalties include:
a) Ban from holding certain posts, practicing certain
occupations or doing certain jobs;
b) Ban on residence;
c) Probation;
d) Deprivation of some civic rights
e) Confiscation of property;
f) Fine, when it is not applied as a principal penalty;
g) Expulsion, when it is not applied as a principal penalty.
3. For each offense, the offender shall be subject to only
one principal penalty and may be subject to one or more additional penalties.
Warning applies to offenders of less serious crimes
involving extenuating circumstances not warranting penalty exemption.
1. Fine is applied as a principal penalty to offenders of
less serious crimes of infringing upon the economic management order, public
order, administrative management order and a number of other crimes prescribed
by this Code.
2. Fine is applied as an additional penalty to persons who
commit corruption or drug-related crimes or other crimes prescribed by this
Code.
3. The fine level shall depend on the nature and seriousness
of the crimes committed and take into account the property situation of the
offenders and the fluctuation of prices, but must not be lower than one million
dong.
4. The fine money can be paid in a lump sum or installments
within the time limits decided by the courts in judgements.
1. Non-custodial reform of between six months and three
years applies to persons committing less serious crimes or serious crimes
prescribed by this Code who have stable working places or clear residence
places if it is deemed unnecessary to separate the offenders from society.
If a sentenced person has been held in custody and/or
detained, the time spent in custody and/or detention shall be subtracted from
the total period of their non-custodial reform, with one day of custody and/or
detention being equal to three days of non-custodial reform.
2. The courts shall assign the persons subject to
non-custodial reform to the agencies or organizations where such persons work
or to the authorities of the places where such persons permanently reside for
supervision and education. The sentenced person’s
families shall have to coordinate with agencies, organizations and local
authorities in the supervision and education of such persons.
3. The sentenced persons shall have to perform a number of
duties according to the provisions on non-custodial reform and be subject to
between 5% and 20% deduction of their incomes for remittance into the State’s fund. For special cases, the courts may order the
exemption of income deduction, but must clearly inscribe the reasons for such
exemption in the judgement.
Expulsion means to order sentenced foreigners to depart from
the territory of the Socialist Republic of Vietnam.
Expulsion is applied by courts either as a principal penalty
or an additional penalty, depending on each specific case.
Termed imprisonment means forcing the sentenced persons to
serve their penalties at detention camps for a certain period of time. The
termed imprisonment for persons who commit one crime shall range from the
minimum level of three months to the maximum level of twenty years.
Time spent in custody and/or detention prior to sentencing
shall be subtracted from the duration of the term of imprisonment penalty with
one day of custody and/or detention being equal to one day of imprisonment.
Life imprisonment is the penalty of indefinite imprisonment
applicable to persons who commit particularly serious crimes, but not so as to
warrant being sentenced to death.
Life imprisonment shall not apply to juvenile offenders.
Death penalty is a special penalty only applied to persons
committing particularly serious crimes.
Death penalty shall not apply to juvenile offenders,
pregnant women and women nursing children under 36 months old at the time of
committing crimes or being tried.
Death penalty shall not apply to pregnant women and women
nursing their children under 36 months old. For these cases, the death penalty
shall be converted into life imprisonment.
In cases where persons sentenced to death enjoy commutation,
the death penalty shall be converted into life imprisonment.
Article 36.-
Ban from holding certain posts, ban
from practicing certain occupations or doing certain jobs
The ban from holding certain posts, ban from practicing
certain occupations or doing certain jobs shall apply when it is deemed that to
allow the sentenced persons to hold such posts, practice such occupations or do
such jobs, may cause harm to society.
The ban duration ranges from one year to five years from the
date the imprisonment penalty is completely served or the judgement takes legal
effect if the principal penalty is a warning, fine, non-custodial reform or in
cases where persons are sentenced to a suspended sentence.
Ban from residence means forcing persons sentenced to
imprisonment not to take temporary or permanent residence in certain
localities.
The residence ban duration ranges from one year to five
years from the date the imprisonment penalty is completely served.
Probation means forcing the sentenced persons to reside,
earn their living and reform themselves in a certain locality under the
supervision and education of the local administration and people. During the
probation period, the sentenced persons must not leave their residence places
and are deprived of a number of civic rights according to Article 39 of this
Code and banned from practicing certain occupations or doing certain jobs.
Probation applies to persons who commit crimes infringing
upon national security, dangerous recidivists or in other cases stipulated by
this Code.
The probation duration ranges from one year to five years
from the date the imprisonment penalty is completely served.
1. A Vietnamese citizen sentenced to imprisonment for
his/her crime of infringing upon national security or committing another crime
prescribed by this Code shall be deprived of the following civic rights:
a) The right to stand for election and to elect deputies to
the State power bodies;
b) The right to work in the State bodies and to render
service in the people’s armed forces.
2. The time limits for civic right deprivation range from
one year to five years after the imprisonment penalty is completely served or
the judgement takes legal effect in casew where the sentenced person enjoys a
suspended sentence.
Confiscation of property means to confiscate part or whole
of the sentenced person’s property for remittance into the State’s fund. The property confiscation shall apply only to
persons sentenced for serious crimes, very serious crimes or particularly
serious crimes prescribed by this Code.
When all their property is confiscated, the sentenced
persons and their families shall still be left with conditions to live.
Chapter VI
JUDICIAL MEASURES
1. The property confiscation for State funds shall apply to:
a) Tools and means used for the commission of crimes;
b) Objects or money acquired through the commission of crime
or the trading or exchange of such things;
c) Objects banned from circulation by the State.
2. Things and/or money illegally seized or used by offenders
shall not be confiscated but returned to their lawful owners or managers.
3. Things and/or money of other persons, if these persons
are at fault in letting offenders use them in the commission of crimes, may be
confiscated for State funds.
Article 42.- Return of property, repair or compensation for damage;
compelling to make public apologies
1. Offenders must return appropriated property to their
lawful owners or managers and repair or compensate for material damage
determined as having been caused by their offenses.
2. In case of moral damage caused by the offense, the court
shall compel the offenders to make material compensation and public apologies
to the victims.
1. For persons who commit acts dangerous to society while
they are suffering from the diseases prescribed in Clause 1, Article 13 of this
Code, depending on the procedural stages, the procuracies or the court,
basing themselves on the conclusion of the Medical Examination Council, may
decide to send them to specialized medical establishments for compulsory
medical treatment; if deeming it unnecessary to send them to specialized
medical establishments, it may assign such persons to the care of their
families or guardians under the supervision of competent State bodies.
2. For persons who commit crimes while having penal
liability capacity but, before being sentenced, they have suffered from illness
to the extent of losing their cognitive capability or the capability to control
their acts, the courts, basing themselves on the conclusion of the Medical
Examination Council, may decide to send them to specialized medical
establishment for compulsory treatment. After their recovery from illness, such
persons may bear penal liability.
3. For persons who are serving their penalties but are
suffering from illness to the extent of losing their cognitive capability or
the capability to control their acts, the courts, basing themselves on the
conclusion of the Medical Examination Council, may decide to send them to
specialized medical establishments for compulsory treatment. After their
recovery from illness, such persons shall continue serving their penalties, if
they have no reasons for exemption from serving their penalties.
Based on the conclusion of the medical treatment
establishments, if the persons compelled to have medical treatment as provided
for in Article 43 of this Code have recovered from illness, depending on the
procedural stages, the procuracies or the courts shall consider and decide to
suspend the application of this measure.
The compulsory medical treatment duration shall be
subtracted from the term of imprisonment imposed.
Chapter VII
DECIDING PENALTIES
When deciding penalties, the courts shall base themselves on
the provisions of the Penal Code, taking into consideration the nature and
extent of danger posed to society by the acts of offense, the personal records
of the offenders, and any circumstances that extenuate or aggravate the penal liability.
1. The following circumstances are considered as extenuating
the penal liability:
a) Offenders have prevented and/or reduced the harm caused
by their offenses;
b) Offenders volunteer to repair, compensate for the damage
or overcome the consequences;
c) Crimes are committed in cases where it is beyond the
limit of legitimate defense;
d) Crimes are committed in cases where it is beyond the
requirements of the urgent situation;
e) Crimes are committed in cases where offenders are
mentally incited by the illegal acts of the victims or other persons;
f) Crimes are committed due to particular difficulty plights
not caused by themselves;
g) Crimes are committed but no damage or minor damage is
caused;
h) Crimes are committed by first time offenders and in cases
of less serious crimes;
i) Crimes are committed due to threats and/or coercion by
other persons;
j) Crimes are committed due to ignorance;
k) Offenders are pregnant women;
l) Offenders are aged persons;
m) Offenders are persons suffering from illnesses that
restrict their cognitive capability or the capability to control their acts;
n) Offenders give themselves up;
o) Offenders make honest declarations and reports and show
their repentance;
p) Offenders who actively help responsible bodies detect and
investigate the crimes;
q) The offenders have redeemed their faults with
achievements;
r) The offenders are persons who have recorded outstanding
achievements in production, combat, study or work.
2. When deciding penalties, the court may also consider
other circumstances as extenuating, but must clearly inscribe them in the
judgment.
3. The extenuating circumstances which have been prescribed
by the Penal Code as signs for determining crimes or determining the penalty
bracket shall not be considered extenuating circumstances for the purpose of
deciding penalties.
Where there exist at least two extenuating circumstances as
provided in Clause 1, Article 46 of this Code, the courts may decide a penalty
under the lowest level of the penalty bracket stipulated by the law, which,
however, must lie within the adjacent lighter penalty bracket of the law; where
the law contains only one penalty bracket or such penalty bracket is the
highest penalty bracket of the law, the courts may decide a penalty below the
lowest level of the bracket or move to another penalty of lighter category. The
reasons for such reduction must be clearly inscribed in the judgement.
1. Only the following circumstances are considered
circumstances aggravating penal liability:
a) Committing crimes in an organized manner;
b) Committing crimes in a professional manner;
c) Abusing positions and powers in order to commit crimes;
d) Committing crimes in a hooligan manner;
e) Committing crimes with despicable motivation;
f) Intentionally carrying out crimes to the end;
g) Re-offending, recidivism, dangerous recidivism;
h) Committing crimes against children, pregnant women, aged
persons, persons unable to defend themselves or persons dependent on offenders
in material and/or moral conditions, work or other ways;
i) Infringing upon the State’s
property;
j) Committing crimes causing serious, very serious or
particularly serious consequences;
k) Taking advantage of war conditions, emergency situations,
natural calamities, epidemics or other special difficulties of society in order
to commit crimes;
l) Using treachery or, cruel tricks to commit crimes and/or
using means capable of causing harm to many persons;
m) Inciting juveniles to commit crimes;
n) Committing treacherous and/or violent acts in order to
shirk or conceal crimes.
2. Circumstances which are constituents of a crime or
determine the penalty bracket shall not be considered aggravating
circumstances.
1. Recidivism means cases where offenders have been
sentenced and have not yet had their criminal records wiped out but again
commit crimes intentionally or commit very serious crime or particularly
serious crimes unintentionally.
2. The following cases are considered dangerous recidivism:
a) Offenders have been sentenced for very serious crimes or
particularly serious crimes committed intentionally, have not yet had their
criminal records wiped out but again commit very serious crimes or particularly
serious crimes unintentionally;
b) Offenders have relapsed into crime, not yet had their
criminal records wiped out but again commit crimes intentionally.
When trying a person who has committed more than one crime,
the court shall decide a penalty for each crime, then augment the penalties according
to the following regulations:
1. With regard to principal penalties
a) If the penalties already declared are all non-custodial
reform or all termed imprisonment, such penalties shall be added together into
a common penalty; the common penalty must not exceed three years for
non-custodial reform, and thirty years for termed imprisonment;
b) If the penalties already declared are non-custodial
reform and termed imprisonment, the non-custodial reform shall be converted
into imprisonment penalties according to the ratio that three days of
non-custodial reform shall be converted into one day of imprisonment in order
to make the common penalty as prescribed at Point a, Clause 1 of this Article;
c) If the heaviest penalty among the already declared
penaties is life imprisonment, the common penalty shall be life imprisonment;
d) If the heaviest penalty among the already declared
penalties is the death sentence, the common penalty shall be the death
sentence;
e) Pecuniary penalties shall not be augmented with other
types of penalty; the fine amounts shall be added up into the common fine;
f) Expulsion shall not be augmented with other types of
penalty.
2. For additional penalties
a) If the already declared penalties are of the same type,
the common penalty shall be decided within the time limit prescribed by this
Code for such type of penalty; particularly for pecuniary penalties, the fine
amounts shall be added up into the common fine;
b) If the already declared penalties are of different types,
the sentenced persons shall have to serve all the declared penalties.
1. In cases where a person who is serving a sentence is
tried for a crime which had been committed before such sentence, the court
shall decide the penalty for the crime being tried, then decide the common
penalty as provided for in Article 50 of this Code.
The time served for the previous sentence shall be deducted
from the term of the common penalty.
2. When a person who is serving a sentence and commits a new
crime is tried , the court shall decide the penalty for the new crime, then add
it to the remainder of the previous sentence before deciding the common penalty
as provided for in Article 50 of this Code.
3. In cases where a person has to serve many sentences which
have already taken legal effect while the penalties have not yet been
augmented, the chief judge of the Court shall decide the augmentation of the
sentences as provided for in Clause 1 and Clause 2 of this Article.
Article 52.- Deciding penalties in case of preparation for crime
commission, incompleted commission of crime
1. For acts of preparing to commit crimes and acts of
committing incomplete crimes, the penalties shall be decided according to the
provisions of this Code on corresponding crimes, depending on the nature and
the extent of danger to the society of such acts, the extent of realizing the
intention to commit crimes and other circumstances that make the crimes not
carried out to the end.
2. For cases of preparing to commit crimes, if the
applicable law provision stipulates the highest penalty is life imprisonment or
the death sentence, the applicable highest penalty shall not exceed twenty
years of imprisonment; if it is termed imprisonment, the penalty shall not
exceed half of the imprisonment term prescribed by the law provision.
3. For cases of incomplete offense, if the applicable law
provision stipulates the highest penalty being the life imprisonment or death
sentence, these penalties can only apply to particularly serious cases; if it
is termed imprisonment, the penalty level shall not exceed three quarters of
the imprisonment term prescribed by the law provision.
When deciding penalties for accomplices, the court shall
take into account the nature of complicity and the nature and extent of
involvement of each accomplice.
Extenuating, aggravating or penal liability exemption
circumstances of any accomplice shall only apply to such accomplice.
Persons who commit crime may be exempt from penalties in
case where the crime commission involves many extenuating circumstances as
provided by Clause 1, Article 46 of this Code, deserving special leniency, but
not to the extent of penal liability exemption.
Chapter VIII
STATUTE OF LIMITATION FOR EXECUTION OF JUDGEMENT, EXEMPTION
FROM THE PENALTY EXECUTION, REDUCTION OF PENALTY TERM
1. The statute of limitation for execution of a criminal
judgement is the time limit prescribed by this Code upon the expiry of which
the sentenced person shall not have to abide by the declared judgement.
2. The statute of limitation for execution of a criminal
judgement is stipulated as follows:
a) Five years for cases of pecuniary penalty, non-custodial
reform or imprisonment of three years or less;
b) Ten years for cases of imprisonment of between over three
years and fifteen years;
c) Fifteen years for cases of imprisonment of between over
fifteen years and thirty years.
3. The statute of limitation for execution of a criminal
judgement shall be calculated from the date the judgement takes legal effect.
If during the time limits prescribed in Clause 2 of this Article, the sentenced
person again commits a new crime, the past duration shall not be counted and
the statute of limitations shall be recalculated as from the date the new crime
was committed.
If during the time limits provided for in Clause 2, this
Article, the sentenced person deliberately escapes and is the subject of a
search warrant, the duration of escape shall not be counted and the statute of
limitation shall be recalculated as from the date such person surrenders
him/herself or is arrested.
4. The application of statute of limitation to cases of life
imprisonment or death sentence, after going through the period of fifteen
years, shall be decided by chairman of the Supreme People’s Court at the request of the chairman of the Supreme People’s Procuracy. In cases where the application of the statute
of limitation is not allowed, the death penalty shall be converted into the
life imprisonment and the life imprisonment into thirty years of imprisonment.
The statue of limitation for judgement execution shall not
apply to crimes prescribed in Chapter XI and Chapter XXIV of this Code.
1. For persons sentenced to non-custodial reform, termed
imprisonment, who have not executed their judgements but have recorded great
achievements or suffered from dangerous disease and if such persons are no
longer dangerous to the society, the court may decide, at the proposal of the
Procuracy director, to exempt the person from the execution of the entire
penalty.
2. Sentenced persons shall be exempt from penalty execution
when they are granted a special parole or general amnesty.
3. For persons sentenced to imprisonment for less serious
crimes who have been entitled to a reprieve as provided for in Article 61 of
this Code, if during the period of reprieve they have recorded great
achievements, the court, at the proposal of the Procuracy director, may decide
to exempt them from penalty execution.
4. For persons sentenced for less serious crimes who have
been entitled to a temporary suspension as provided for in Article 62 of this
Code, if during the period of temporary suspension they have recorded great
achievements, the court, at the proposal of the Procuracy director, may decide
to exempt them from the execution of the remainder of their penalties.
5. For persons who are penalized with a ban on residence or
probation, if they have served half of their penalties term and re-habilitated
themselves, the court, at the proposal of the administration of the localities
where such persons serve their penalties, may decide to exempt them from the
execution of the remaining half of their penalties.
1. For persons sentenced to non-custodial reform, if having
served the penalty for a given period and made progress, the court, at the
proposal of the agencies, organizations or local administration which have been
assigned the responsibility to directly supervise and educate them, may decide
to reduce the penalty term.
For persons sentenced to imprisonment, if having served the
penalty for a given period and made progress, the courts, at the proposal of
the imprisonment enforcement agencies, may decide to reduce the penalty term.
The time for which the penalty has been served in order to
be considered for the first reduction shall represent one-third of the term for
the non-custodial reform, for imprisonment of thirty years or under, and twelve
years for life imprisonment.
2. For persons sentenced to pecuniary penalty who have
served a part of their respective penalties but fell into a prolonged
particularly difficult economic situation due to natural calamities, fires,
accidents or ailments which render them unable to continue serving the
remainder of the penalties, or who have recorded great achievements, the
courts, at the proposal of the directors of the procuracies, may decide to
exempt them from the execution of the remainder of their pecuniary penalties.
3. A person may be entitled to many reductions but have to
execute half of the declared penalty. For persons sentenced to life
imprisonment, the sentence shall be commuted for the first time to thirty years
of imprisonment and despite many reductions, the actual duration of penalty
served must be a minimum of twenty years.
4. For persons who have enjoyed partial reduction of their
penalty but again committed new serious, very serious or particularly serious
crimes, the courts shall consider the reduction for the first time after such
persons have already served two-thirds of their common penalty or twenty years
if it is life imprisonment.
For convicted persons who deserve additional leniency for
reasons such as recording achievements, being too old and weak or suffering
from dangerous diseases, the courts may consider the reduction at an earlier
time or with higher levels compared with the time and levels prescribed in
Article 58 of this Code.
1. When handing down a sentence of imprisonment, not
exceeding three years the court shall, basing itself on the personal
identification of the offender and extenuating circumstances, and if deeming it
unnecessary to impose an imprisonment penalty, hand down a suspended sentence
and set a period under test from one to five years.
2. During the test period, the court shall assign the
offender to the agency or organization where such person works or the
administration of the locality where he/she permanently resides for supervision
and education. The convicted person’s
family has the responsibility to coordinate with the agency, organization or
local administration in supervising and educating such person.
3. The persons entitled to suspended sentence may be subject
to additional penalties including fines, ban from holding certain posts,
practicing certain occupations or doing certain jobs as prescribed in Article
30 and Article 36 of this Code.
4. For persons entitled to suspended sentence who have
served half of the probation time and made progress, at the proposals of the
agencies and organizations which have the responsibility to supervise and
educate them, the court may decide to shorten the probation period.
5. For persons entitled to suspended sentence who commit new
crimes during their probation period, the courts shall decide the compulsory
execution of the penalty of the previous sentence and sum it up with the
penalty of the new sentence as provided for in Article 51 of this Code.
1. Persons sentenced to imprisonment may be entitled to a
reprieve in the following cases where:
a) They suffer from serious illness, they shall be entitled
to a reprieve until their recovery;
b) Women who are pregnant or nursing their children of under
36 months old, shall be entitled to a postponement of their penalty until their
children reach the age of 36 months;
c) They are the only laborers in their respective families
and if they serve the imprisonment penalty their families shall meet with
special difficulties, they shall be entitled to the postponement for up to one
year, except where they are sentenced for crimes of infringing upon the
national security or other very serious or particularly serious crimes;
d) They are sentenced for less serious crimes and due to the
requirements of official duties, they shall be entitled to the postponement for
up to one year.
2. If during the period of reprieve the person entitled
thereto commits a new crime, the court shall force such person to serve the
previous penalty and add it to the penalty of the new judgment as prescribed in
Article 51 of this Code.
1. Persons who are serving imprisonment penalties and fall
into one of the cases prescribed in Clause 1, Article 61 of this Code, may be
entitled to a temporary suspension of their imprisonment penalties.
2. The time of temporary suspension must not be calculated
into the penalty serving term.
Chapter IX
REMISSION OF CRIMINAL RECORDS
Convicted persons shall have their criminal records wiped
out according to the provisions in Articles 64 to 67 of this Code.
Persons entitled to criminal record remission shall be
considered as having not been convicted and granted certificates by the court.
The following persons shall automatically have their
criminal records wiped out:
1. Persons who are exempt from penalties.
2. Persons charged with crimes other than those defined in
Chapter XI and Chapter XXIV of this Code, if after completely serving their
sentences or after the expiry of the statute of limitation for execution of the
sentences, such persons do not commit new crimes within the following time
limits:
a) One year in the case of being penalized with warning,
fine, non-custodial reform or suspended sentence;
b) Three years in the case of imprisonment of up to three
years;
c) Five years in the case of imprisonment of between over
three years and fifteen years;
d) Seven years in the case of imprisonment of over fifteen
years.
1. The courts decide the criminal record remission for
persons charged with crimes defined in Chapter XI and Chapter XXIV of this
Code, depending on the nature of the committed offenses, their personal
identification, their attitude towards law observance and labor behavior of the
convicted persons in the following cases:
a) They have been sentenced to imprisonment for up to three
years without committing new crimes within three years of completing their
sentences or after the expiry of the statute of limitation for the execution of
the sentences;
b) They have been sentenced to imprisonment for between over
three years and fifteen years without committing new crimes within seven years
of completing their sentences or after the expiry of the statute of limitation
for the execution of the sentences;
c) They have been sentenced to imprisonment for over fifteen
years without committing new crimes within ten years of completing their
sentences or the expiry of the statute of limitation for execution of the
sentences.
2. A person whose application for criminal record remission
is rejected by the court for the first time must wait one more year before
making another application therefor; if the application is rejected for the
second time, he/she must wait for two years before applying for the criminal
record remission.
Where a convicted person shows signs of marked progress and
has made good achievements and is recommended for criminal record remission by
the agency or organization where he/she works or the administration of the
locality where he/she permanently resides, he/she may have his/her criminal record
wiped out by the court if such person has served at least one-third of their
prescribed term.
1. The time limit for criminal record remission stipulated
in Article 64 and Article 65 of this Code shall be based on the principal
penalty already declared.
2. If a person whose criminal record has not yet been
expunged commits a new crime, the time limit for remitting the previous
criminal record shall be calculated from the date of completely serving the new
judgement.
3. The complete serving of a judgement shall cover the
complete serving of the principal penalty, the additional penalty and any other
decisions of the judgement.
4. A person who is exempt from serving the rest of his/her
penalty shall also be considered as having completely served the penalty.
Chapter X
PROVISIONS APPLICABLE TO JUVENILE OFFENDERS
Juvenile offenders are offenders who are aged between full
14 years and under 18 years. They shall bear penal liability under the
provisions of this Chapter as well as the provisions of the General Part of
this Code which are not contrary to the provisions of this Chapter.
1. The handling of juvenile offenders aims mainly to educate
and help them redress their wrongs, develop healthily and become citizens
useful to society.
In all cases of investigation, prosecution and adjudication
of criminal acts committed by juveniles, the competent State agencies shall
have to determine their capability of being aware of the danger to society of
their criminal acts and the causes and conditions relating to such criminal
acts.
2. Juvenile offenders may be exempt from penal liability if
they commit less serious crimes or serious crimes which cause no great harm and
involve many extenuating circumstances and they are received for supervision
and education by their families, agencies or organizations.
3. The penal liability examination and imposition of
penalties on juvenile offenders shall only apply to cases of necessity and must
be based on the nature of their criminal acts, their personal characteristics
and crime prevention requirements.
4. The courts, if deeming it unnecessary to impose penalties
on juvenile offenders, shall apply one of the judicial measures prescribed in
Article 70 of this Code.
5. Life imprisonment or the death sentence shall not be
imposed on juvenile offenders. When handing down sentences of termed imprisonment,
the courts shall impose on them lighter sentences than those imposed on adult
offenders of the corresponding crimes.
Pecuniary punishment shall not apply to juvenile offenders
who are from full 14 to under 16 years old.
Additional penalties shall not apply to juvenile offenders.
6. The judgement imposed on juvenile offenders aged under 16
years shall not be taken into account for determining recidivism or dangerous
recidivism.
1. In the case of juvenile offenders, the courts may decide
the application of one of the following judicial measures of educative and
preventive character:
a) Education at communes, wards or district towns;
b) Sending them to reformatory schools.
2. The courts may apply the commune/ward/district town-based
education measure for between one and two years to juvenile offenders of less
serious crimes or serious crimes.
Persons placed under the commune/ward/district town-based
education must fulfill their obligations on study and labor, abide by laws
under the supervision of and education by the local commune/ward/district town
administration or social organizations assigned such responsibility by the
courts.
3. The court may apply the measure of sending juvenile offenders
to reformatory schools for between one and two years if it is deemed that due
to the seriousness of their offenses, their personal identification and living
environment, such persons should be sent to reeducation organizations with
strict disciplines.
4. If persons subject to education at communes, wards or
district towns or persons sent to reformatory schools have already served half
of the term decided by the courts and made good progress, the courts, at the
proposal of the agencies, organizations or schools assigned the responsibility
of supervising and educating them, may decide the termination of the duration
of education at communes, wards, district towns or the duration at reformatory
schools.
The juvenile offenders shall be subject to one of the
following penalties for each offense:
1. Warning;
2. Fine;
3. Non-custodial reform;
4. Termed imprisonment.
Fine shall be applied as a principal penalty to juvenile
offenders aged full 16 years and under 18 years, if such persons have income or
private property.
The fine levels applicable to juvenile offenders shall not
exceed half of the fine level prescribed by the relevant law provision.
When applying non-custodial reform to juvenile offenders,
the income of such persons shall not be deducted.
The non-custodial reform duration for juvenile offenders
shall not exceed the term prescribed by the relevant law provision.
The juvenile offenders shall be penalized with termed
imprisonment according to the following regulations:
1. For persons aged between full 16 and under 18 when they
committed crimes, if the applicable law provisions stipulate life imprisonment
or the death sentence, the highest applicable penalty shall not exceed eighteen
years of imprisonment; if it is termed imprisonment, the highest applicable
penalty shall not exceed three quarters of the prison term prescribed by the
law provision;
2. For persons aged full 14 to under 16 when committing
crimes, if the applicable law provisions stipulate the life imprisonment or
death sentence, the highest applicable penalty shall not exceed twelve years;
if it is the termed imprisonment, the highest applicable penalty shall not
exceed half of the prison term prescribed by the law provision.
For a person who commits more than one crime, of which some
were committed before he/she reaches the age of 18, penalty augmentation shall
apply as follows:
1. If the most serious crime is committed before he/she
reaches the age of 18 years, the common penalty shall not exceed the highest
level prescribed in Article 74 of this Code;
2. If the most serious crime is committed when such person
has reached the age of 18 years, the common penalty shall be the same as that
applicable to adult offenders.
1. If juvenile offenders, who are subject to non-custodial
reform or imprisonment, have made good progress and already served one-quarter
of their term, they shall be considered by the court for penalty reduction;
particularly for imprisonment, their penalty can be reduced each time by four
years but only if they have already served two-fifths of the declared penalty
term.
2. If juvenile offenders, who are subject to non-custodial
reform or imprisonment, have recorded achievements or suffered from dangerous
illnesses, they shall be immediately considered for penalty reduction and may
be exempt from serving the remainder of their penalty.
3. For juvenile offenders who are subject to pecuniary
penalty but fall into prolonged economic difficulties due to natural
calamities, fires, accidents or ailments or who have recorded great
achievements, the courts, at the proposal of the directors of the procuracies,
may decide to reduce or exempt them from the remainder of the pecuniary
penalty.
1. The time limit for criminal record remission for juvenile
offenders shall be half of the time limits prescribed in Article 64 of this
Code.
2. Juvenile offenders subject to judicial measures
stipulated in Clause 1, Article 70 of this Code, shall be considered as having
no criminal records.
CRIMES
Chapter XI
CRIMES OF INFRINGING UPON NATIONAL SECURITY
1. Any Vietnamese citizen acting in collusion with a foreign
country with a view to causing harm to the independence, sovereignty, unity and
territorial integrity of the Fatherland, the national defense forces, the
socialist regime or the State of the Socialist Republic of Vietnam shall be
sentenced to between twelve and twenty years of imprisonment, life imprisonment
or capital punishment.
2. In the event of many extenuating circumstances, the
offenders shall be subject to between seven and fifteen years of imprisonment.
Those who carry out activities, establish or join
organizations with intent to overthrow the people’s
administration shall be subject to the following penalties:
1. Organizers, instigators and active participants or those
who cause serious consequences shall be sentenced to between twelve and twenty
years of imprisonment, life imprisonment or capital punishment;
2. Other accomplices shall be subject to between five and
fifteen years of imprisonment.
1. Those who commit one of the following acts shall be
sentenced to between twelve and twenty years of imprisonment, life imprisonment
or capital punishment:
a) Conducting intelligence and/or sabotage activities or
building up bases for intelligence and/or sabotage activities against the
Socialist Republic of Vietnam;
b) Building up bases for intelligence and/or sabotage
activities at the direction of foreign countries; conducting scouting,
informing, concealing, guiding activities or other acts to help foreigners
conduct intelligence and/or sabotage activities;
c) Supplying or collecting for the purpose of supplying
State secrets to foreign countries; gathering or supplying information and
other materials for use by foreign countries against the Socialist Republic of
Vietnam.
2. In case of less serious crimes, the offenders shall be
sentenced to between five and fifteen years of imprisonment.
3. Persons who agree to act as spies but do not realize
their assigned tasks and confess, truthfully declare and report such to the
competent State bodies shall be exempt from penal liability.
Those who infiltrate into the territory, commit acts of
falsifying national borders or committing other acts in order to cause harm to
the territorial security of the Socialist Republic of Vietnam shall be
penalized as follows:
1. Organizers, active participants or those who cause
serious consequences shall be sentenced to between twelve and twenty years of
imprisonment or life imprisonment;
2. Other accomplices shall be sentenced to between five and
fifteen years of imprisonment.
Those who conduct armed activities or resort to organized
violence with a view to opposing the people’s
administration shall be penalized as follows:
1. Organizers, active participants or those who cause
serious consequences shall be sentenced to between twelve and twenty years of
imprisonment, life imprisonment or capital punishment.
2. Other accomplices shall be sentenced to between five and
fifteen years of imprisonment.
Those who intend to oppose the people’s administration by conducting armed activities in
mountainous, marine and other difficult to access areas, murdering people and
looting or destroying property shall be penalized as follows:
1. Organizers, active participants or those who cause
serious consequences shall be sentenced to between twelve and twenty years of
imprisonment, life imprisonment or capital punishment;
2. Other accomplices shall be sentenced to between five and
fifteen years of imprisonment.
1. Those who intend to oppose the people’s administration and infringe upon the life of officials,
public employees or citizens shall be sentenced to between twelve and twenty
years of imprisonment, life imprisonment or capital punishment.
2. In the case of committing crimes by infringing upon
physical freedom and/or health, the offenders shall be sentenced to between
five and fifteen years of imprisonment.
3. In the case of committing crimes by threatening to
infringe upon life or committing other acts of moral intimidation, the
offenders shall be sentenced to between two and seven years of imprisonment.
4. Those who terrorise foreigners in order to cause
difficulties to the international relations of the Socialist Republic of
Vietnam shall also be penalized according to this Article.
1. Those who intend to oppose the people’s administration by sabotaging the material- technical
foundations of the Socialist Republic of Vietnam in the political, security,
defense, scientific-technical, cultural or social fields shall be sentenced to
between twelve and twenty years of imprisonment, life imprisonment or capital
punishment.
2. In the case of committing less serious crimes, the
offenders shall be sentenced to between five and fifteen years of imprisonment.
1. Any persons who oppose the people’s administration by undermining the implementation of socio-economic
policies shall be sentenced to between seven and twenty years of imprisonment.
2. In the case of committing less serious crimes, the
offenders shall be sentenced to between three and seven years of imprisonment.
1. Those who commits one of the following acts with a view
to opposing the people’s administration shall be sentenced to between five and
fifteen years of imprisonment:
a) Sowing division among people of different strata, between
people and the armed forces or the people’s
administration or social organizations;
b) Sowing hatred, ethnic bias and/or division, infringing
upon the rights to equality among the community of Vietnamese nationalities;
c) Sowing division between religious people and non-religious
people, division between religious believers and the people’s administration or social organizations;
d) Undermining the implementation of policies for
international solidarity.
2. In case of committing less serious crimes, the offenders
shall be sentenced to between two and seven years of imprisonment.
1. Those who commit one of the following acts against the
Socialist Republic of Vietnam shall be sentenced to between three and twelve
years of imprisonment:
a) Propagating against, distorting and/or defaming the
people’s administration;
b) Propagating psychological warfare and spreading
fabricated news in order to foment confusion among people;
c) Making, storing and/or circulating documents and/or
cultural products with contents against the Socialist Republic of Vietnam.
2. In the case of committing less serious crimes, the
offenders shall be sentenced to between ten and twenty years of imprisonment.
1. Those who intend to oppose the people’s administration by inciting, involving and gathering many
people to disrupt security, oppose officials on public duties, obstruct
activities of agencies and/or organizations, which fall outside the cases stipulated
in Article 82 of this Code, shall be sentenced to between five and fifteen
years of imprisonment.
2. Other accomplices shall be sentenced to between two and
seven years of imprisonment.
1. Those who intend to oppose the people’s administration by destroying detention camps, organizing
escapes from detention camps, rescuing detainees or escorted persons or
escaping from detention camps shall be sentenced to between ten and twenty
years of imprisonment or life imprisonment.
2. In the case of committing less serious crimes, the
offenders shall be sentenced to between three and ten years of imprisonment.
Article 91.- Fleeing abroad or defecting to stay overseas with a view to
opposing the people’s administration
1. Those who flee abroad or defect overseas with a view to
opposing the people’s administration shall be sentenced to between three and
twelve years of imprisonment.
2. Organizers, coercers and instigators shall be sentenced
to between five and fifteen years of imprisonment.
3. In the case of committing particularly serious crimes,
the offenders shall be sentenced to between twelve and twenty years of
imprisonment or life imprisonment.
Persons who commit crimes defined in this Chapter shall also
be deprived of a number of civic rights for between one year and five years,
subject to probation, residence ban for between one year and five years,
confiscation of part or whole of the property.
Chapter XII
CRIMES OF INFRINGING UPON HUMAN LIFE, HEALTH, DIGNITY AND
HONOR
1. Those who commit murder in one of the following cases
shall be sentenced to between twelve and twenty years of imprisonment, life
imprisonment or capital punishment:
a) Murder of more than one person;
b) Murder of women who are known by the offender to be
pregnant;
c) Murder of children;
d) Murder of persons being on public duties or for reason of
the victims’ public duties;
e) Murder of one’s
grand father, grand mother, father, mother, fosterer, and/or teachers;
f) Murder of people just before or after which a serious
crime or a particularly serious crime is committed by the offender;
g) Murder of people in order to carry out or conceal other
crimes;
h) Murder of people in order to take organs from the victims’ bodies;
i) Committing crimes in a barbarous manner;
j) Committing crimes by abusing their profession;
k) Committing crimes by methods, which may cause death to
more than one person;
l) Hiring murderers or murdering persons for hiring;
m) Committing crimes in a hooligan manner;
n) Committing crimes in an organized manner;
o) Committing dangerous recidivism;
p) Murder of people for despicable motivation.
2. Those committing crimes which do not fall into those
cases stipulated in Clause 1 of this Article, shall be sentenced to between
seven and fifteen years of imprisonment.
3. Offenders may also be banned from holding certain posts,
practicing certain occupations or doing certain jobs for between one and five
years, subject to probation or residence ban for between one and five years.
Any mother who, due to strong influence of backward ideology
or special objective circumstances, kills her new-born or abandons such baby to
death, shall be sentenced to non-custodial reform for up to two years or to
between three months and two years of imprisonment.
1. Any person committing murder as a result of provocation
caused by serious illegal acts of the victim towards such person or his/her
next of kin shall be sentenced to between six months and three years of
imprisonment.
2. Those who murder more than one person as a result of
provocation shall be sentenced to between three and seven years of
imprisonment.
1. Those who commit murder in circumstances exceeding the
limit of legitimate defense shall be sentenced to non-custodial reform for up
to two years or between three months and two years of imprisonment.
2. Those who commit murder of more than one person in excess
of the limit of legitimate defense shall be sentenced to between two and five
years of imprisonment.
1. Those who, while performing their official duties, cause
human death due to the use of violence beyond that permitted by law shall be
sentenced to between two and seven years of imprisonment.
2. Those who commit crimes of causing death to more than one
person or in other particularly serious cases shall be sentenced to between
seven and fifteen years of imprisonment.
3. Offenders may also be banned from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Any person who unintentionally causes the death of
another person shall be sentenced to between six months’ and five years of imprisonment.
2. Any person who unintentionally causes the death of more
than one person shall be sentenced to between three and ten years of
imprisonment.
Article 99.- Accidentally causing human death due to breach of
professional or administrative regulations
1. Any person who unintentionally causes the death of
another person due to a breach of professional or administrative regulations
shall be sentenced to between one and six years of imprisonment.
2. Any person who commits the crime of unintentionally
causing death of more than one person shall be sentenced to between five and
twelve years of imprisonment.
3. Offenders may also be banned from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Any person who cruelly treats, constantly intimidates,
ill-treats or humiliates a person dependent on him/her, inducing the latter to
commit suicide, shall be sentenced to between two and seven years of
imprisonment.
2. Any person who commits the crime of compelling more than
one person to commit suicide shall be sentenced to between five and twelve
years of imprisonment.
1. Any person who incites another person to commit suicide
or assists another person to commit suicide shall be sentenced to imprisonment
for between six months and three years.
2. Any person who commits the crime of assisting or inciting
more than one person to commit suicide shall be sentenced to between two and
seven years of imprisonment.
1. Those who knows other persons are in life-threatening
danger but refuse to rescue them despite having the ability to do so, thus
contributing to the latter’s death shall be subject to warning or
non-custodial reform for up to two years or a prison term between three months
and two years.
2. Any person who commits such crime in one of the following
circumstances shall be sentenced to between one year and five years of
imprisonment:
a) The person who refuses to rescue the other person is the
one who unintentionally causes the dangerous situation;
b) The person who refuses to rescue the other person is
obliged to rescue people as required by law or his/her occupation.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who threaten to kill other persons, in
circumstances such as to make the latter believe that such threat shall be
realized, shall be subject to non-custodial reform for up to two years or
sentenced to between three months’ and
three years of imprisonment.
2. Any person who commits such crime in one of the following
circumstances shall be sentenced to between two and seven years of
imprisonment:
a) Against more than one person;
b) Against persons who are performing their official duties
or for reasons related to the victims’
official duties;
c) Against children;
d) To conceal or shirk the handling of another crime.
1. Those who intentionally injure or causes harm to the
health of other persons with an infirmity rate of between 11% and 30%, or under
11% but in one of the following circumstances, shall be sentenced to non-custodial
reform for up to three years or between six months and three years of
imprisonment:
a) Using dangerous weapons or tricks, causing harm to more
than one person;
b) Causing minor permanent maim to the victims;
c) Committing the crime more than once against the same
person or against more than one person;
d) Committing the crime against children, pregnant women,
old and weak or sick persons or other persons incapable of self-defense;
e) Committing the crime against their own grand fathers,
grand mothers, fathers, mothers, fosterers, teachers;
f) Committing the crime in an organized manner;
g) Committing the crime during time of custody, detention or
whilst resident at re-education establishments;
h) Hiring other persons to cause injury or being hired to
cause injury;
i) Being of hooligan character or dangerous recidivism;
j) In order to obstruct the person performing official duty
or for the reasons of the victim’s
official duty.
2. Committing the crime of inflicting injury on or causing
harm to the health of, other persons with an infirmity rate of between 31% and
60%, or 11% and 30% but in one of the cases defined at Points from a to j,
Clause 1 of this Article, the offenders shall be sentenced to between two and
seven years of imprisonment.
3. Committing the crime of injuring or causing harm to the
health of other persons with an infirmity rate of 61% or higher or leading to
human death, or from 31% to 60% but in one of the cases defined at Points from
a to j, Clause 1 or this Article, the offenders shall be sentenced to between
five and fifteen years of imprisonment.
4. Committing the crime, thus leading to the death of more
than one person or in other particularly serious cases, the offenders shall be
sentenced to between ten and twenty years of imprisonment or life imprisonment.
Article
105.- Intentionally inflicting injury on or
causing harm to the health of other persons due to strong provocation
1. Those who intentionally injure or cause harm to the
health of other persons with an infirmity rate of from 31% to 60% whilst
provoked as a result of serious illegal acts of the victims towards such
persons or their next of kin, shall be sentenced to warning, non-custodial
reform for up to one year or between six months and two years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) Against more than one person;
b) Inflicting injury on or causing harm to the health of
other persons with an infirmity rate of 61% or higher, or leading to human
death or in other particularly serious cases.
Article
106.- Intentionally inflicting injury on or
causing harm to the health of, other persons due to an excess of legitimate
defense limit
1. Those who intentionally inflict injury on or cause harms
to the health of other persons with an infirmity rate of 31% or higher or
leading to human death due to the excess of legitimate defense limit shall be
subject to warning, non-custodial reform for up to two years or to prison term
of between three months and one year.
2. Committing the crime against more than one person, the
offenders shall be sentenced to between one and three years of imprisonment.
Article
107.- Inflicting injury on or causing harm
to the health of other persons while performing official duty
1. Those who, while performing their official duties, resort
to violence outside the scope permitted by law, thus inflicting injury on or
causing harm to the health of, other persons with an infirmity rate of 31% or
higher shall be sentenced to non-custodial reform for up to three years or
between three months’ and three years of imprisonment.
2. Committing the crime against more than one person, the
offenders shall be sentenced to between two years’ and
seven years of imprisonment.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who unintentionally inflict injury on or cause harm
to the health of other persons with an infirmity rate of 31% or higher shall be
subject to warning, non-custodial reform for up to two years or imprisonment of
between three months and two years.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
109.- Unintentionally inflicting injury on
or causing harm to the health of other persons due to breach of professional or
administrative regulations
1. Those who unintentionally inflict injury on or cause harm
to the health of other persons with an infirmity rate of 31% or higher due to a
breach of professional or administrative regulations shall be sentenced to
between six months and three years of imprisonment.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who cruelly treat persons dependent on them shall
be subject to warning, non-custodial reform for up to one year or imprisonment
of between three months and two years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one year and three
years of imprisonment:
a) Against aged persons, children, pregnant women or
disabled persons;
b) Against more than one person.
1. Those who use violence, threaten to use violence or take
advantage of the victims state of being unable for self-defense or resort to
other tricks in order to have sexual intercourse with the victims against the latter’s will shall be sentenced to between two and seven years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) In an organized manner;
b) Against a person whom the offender has the responsibility
to look after, educate and/or medically treat;
c) More than one person rapes a person;
d) Committing the crime more than once;
e) Against more than one person;
f) Being of an incestuous nature;
g) Making the victim pregnant;
h) Causing harm to the health of the victim with an
infirmity rate of between 31% and 60%;
i) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offender shall be subject to between twelve and twenty years
of imprisonment, life imprisonment or capital punishment:
a) Causing harm to the health of the victim with an
infirmity rate of 61% or higher;
b) Committing the crime even though the offenders know that
they are infected with HIV;
c) Causing death to the victim or causing the victim to
commit suicide.
4. Committing rape against a juvenile aged between full 16
and under 18 years old, the offenders shall be sentenced to between five and
ten years of imprisonment.
Committing the crime in one of the circumstances stipulated
in Clause 2 or Clause 3 of this Article, the offenders shall be subject to the
penalties specified in such clauses.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who rape children aged between full 13 years and
under 16 years shall be sentenced to between seven and fifteen years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between twelve and twenty
years of imprisonment:
a) Being of incestuous nature;
b) Making the victim pregnant;
c) Causing harms to the victim’s
health with an infirmity rate of between 31% and 60%;
d) Against a person whom the offender has the responsibility
to look after, educate or medically treat;
e) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offender shall be sentenced to twenty years of imprisonment,
life imprisonment or capital punishment:
a) In an organized manner;
b) More than one person rapes a person;
c) Committing the crime more than once;
d) Committing the crime against more than one person;
e) Causing harms to the victim’s
health with an infirmity rate of 61% or higher;
f) Committing the crime though the offenders know that they
are infected with HIV;
g) Causing death to the victim or causing the victim to
commit suicide.
4. All cases of having sexual intercourse with children
under 13 years old are considered rape against children and the offenders shall
be sentenced to between twelve and twenty years of imprisonment, life
imprisonment or capital punishment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for from one to
five years.
1. Those who employ trickery to induce persons dependent on
them or persons being in dire straits to have sexual intercourse with them
against their will shall be sentenced to between six months and five years of
imprisonment.
2. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between three and ten years of
imprisonment:
a) Many persons compel one person to have sexual intercourse
with them;
b) Committing forcible sexual intercourses more than once;
c) Committing forcible sexual intercourses against more than
one person;
d) Being of incestuous nature;
e) Making the victim pregnant;
f) Causing harms to the victim’s
health with an infirmity rate of between 31% and 60%;
g) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and eighteen
years of imprisonment:
a) Causing harms to the victim’s
health with an infirmity rate of 61% or higher;
b) Committing the crime even though the offenders know that
they are infected with HIV;
c) Causing death to the victim or causing the victim to
commit suicide.
4. Committing forcible sexual intercourses against juveniles
aged over 16 years and under 18 years old, the offenders shall be sentenced to
between two and seven years of imprisonment.
Committing the crime in one of the circumstances stipulated
in Clause 2 or Clause 3 of this Article, the offenders shall be subject to the
penalties specified in such clauses.
5. The offenders may also be banned from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who have forcible sexual intercourse with children
aged from full 13 years to under 16 years shall be sentenced to between five
and ten years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between seven and fifteen
years of imprisonment:
a) Incest;
b) Making the victim pregnant;
c) Causing harms to the victim’s
health with an infirmity rate of between 31% and 60%;
d) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between twelve and twenty
years of imprisonment or life imprisonment:
a) More than one person commits forcible sexual intercourse
against one person;
b) Committing the crime more than once;
c) Committing the crime against more than one person;
d) Causing harm to the victim’s
health with an infirmity rate of 61% or higher;
e) Committing the crime even though the offenders know that
they are infected with HIV;
f) Causing death to the victim or causing the victim to
commit suicide.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Any adults having sexual intercourse with children aged
from full 13 to under 16 shall be sentenced to between one and five years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between three and ten years
of imprisonment:
a) Committing the crime more than once;
b) Against more than one person;
c) Being of an incestuous nature;
d) Making the victim pregnant;
e) Causing harms to the victim’s
health with an infirmity rate of from 31% to 60%.
3. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between seven and fifteen
years of imprisonment:
a) Causing harm to the victim’s
health with an infirmity rate of 61% or higher;
b) Committing the crime even though the offenders know that
they are infected with HIV.
1. Those adults who commit obscene acts against children
shall be sentenced to between six months and three years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and seven
years of imprisonment:
a) Committing the crime more than once;
b) Against more than one child;
c) Against a child whom the offender has the responsibility
to take care of, educate or medically treat;
d) Causing serious consequences;
e) Serious recidivism.
3. Committing the crime with serious consequences or particularly
serious consequences, the offenders shall be sentenced to between seven and
twelve years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who know that they are infected with HIV and
intentionally spread the disease to other persons shall be sentenced to between
one and three years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and seven
years of imprisonment:
a) Against more than one person;
b) Against juveniles;
c) Against the doctors or medical workers who directly give
medical treatment to them;
d) Against persons performing their official duties or for
reasons of the victims official duties.
1. Those who intentionally spread HIV to other persons in
cases other than those defined in Article 117 of this Code shall be sentenced
to between three and ten years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between ten and twenty years
of imprisonment or life imprisonment:
a) In an organized manner;
b) Against more than one person;
c) Against juveniles;
d) Against persons performing their official duties or for
reasons of the victims official duties;
e) Abusing their professions.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who traffic in women shall be sentenced to between
two and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twenty
years of imprisonment:
a) Trading in women for the purpose of prostitution;
b) In an organized manner;
c) Being of professional characters;
d) For the purpose of sending them overseas;
e) Trafficking in more than one person;
f) Trafficking more than once.
3. The offenders may also be subject to a fine of between
five million and fifty million dong, to probation or residence ban for one to
five years.
1. Those who trade in, fraudulently exchange or appropriate
children in any form shall be sentenced to between three and ten years of
imprisonment.
2. Committing such crimes in one of the following circumstances,
the offenders shall be sentenced to between ten and twenty years of
imprisonment or life imprisonment:
a) In an organized manner;
b) Being of professional character;
c) For despicable motivation;
d) Trading in, fraudulently exchanging or appropriating more
than one child;
e) For the purpose of sending them abroad;
f) For use for inhumane purposes;
g) For use for prostitution purposes;
h) Dangerous recidivism;
i) Causing serious consequences.
3. The offenders may also be subject to a fine of between
five million and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years or
subject to probation for one to five years.
1. Those who seriously infringe upon the dignity or honor of
other persons shall be subject to warning, non-custodial reform for up to two
years or a prison term of between three months and two years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and three years
of imprisonment:
a) Committing the crime more than once;
b) Against more than one person
c) Abusing positions and/or powers;
d) Against persons who are performing their official duties;
e) Against persons who educate, nurture, look after or
medically treat them.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who trump up or spread stories knowing them to be
fabricated in order to infringe upon the honor or damage the legitimate rights
and interests of other persons or make up a story that other persons commit
crimes and denounce them before the competent agencies shall be subject to warning,
non-custodial reform for up to two years or a prison term of between three
months and two years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to from one to seven years of
imprisonment:
a) In an organized manner;
b) Abusing their positions and powers;
c) Against more than one person;
d) Against their own grand fathers, grand mothers, fathers,
mothers or persons who teach, nurture, look after, educate and/or medically
treat them;
e) Against persons who are performing their official duties;
f) Slandering other persons about committing very serious or
particularly serious crimes.
3. The offenders may also be subject to a fine of between
one million and ten million dong, a ban from holding certain posts, practicing
certain occupations or doing certain jobs for one to five years.
Chapter XIII
CRIMES OF INFRINGING UPON CITIZENS DEMOCRATIC FREEDOMS
1. Those who illegally arrest, hold in custody or detain
other persons shall be subject to warning, non-custodial reform for up to two
years or a prison term of between three months and two years.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) In an organized manner;
b) Abusing their positions and/or powers;
c) Against persons who are performing their official duties;
d) Committing the crime more than once;
e) Against more than one person.
3. Committing the crimes and causing serious consequences,
the offenders shall be sentenced to between three and ten years of
imprisonment.
4. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who conduct illegal searches of other persons
places of residence, illegally expel other persons from their residence places
or commit other illegal acts infringing upon citizens inviolable rights
relating to places of residence shall be subject to warning, non-custodial
reform for up to one year or a prison term of between three months and one
year.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between one and three years
of imprisonment:
a) In an organized manner;
b) Abusing their positions and/or powers;
c) Causing serious consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
Article
125.- Infringement upon other persons
privacy or safety of letters, telephone and/or telegraph
1. Those who appropriate letters, telegrams, telex,
facsimile or other documents transmitted by telecommunication means and
computers or commit illegal acts of infringing upon the secrecy or safety of
letters, telephone conversations or telegraphs of other persons and who have
been disciplined or administratively sanctioned for such acts but continue to
commit violations, shall be subject to warning, a fine of between one million
and five million dong or non-custodial reform for up to one year.
2. Committing the crime in one of the following
circumstances, the offenders shall be subject to non-custodial reform for one
to two years or a prison term of between three months and two years:
a) In an organized manner;
b) Abusing their positions and/or powers;
c) Committing the crime more than once;
d) Causing serious consequences;
e) Recidivism.
3. The offenders may also be subject to a fine of between
two million and twenty million dong, to a ban from holding certain posts for
one to five years.
1. Those who resort to deception, buying off, coercion or
other tricks to obstruct the exercise of citizens rights to vote and/or the
right to stand for election shall be subject to warning, non-custodial reform
for up to one year or a prison term of between three months and one year.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and two years of
imprisonment:
a) In an organized manner;
b) Abusing their positions and/or powers;
c) Causing serious consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who are responsible for organizing and supervising
elections but forge papers, commit vote fraud or employ other tricks to falsify
the election returns shall be subject to non-custodial reform for up to two
years or a prison term of between six months and two years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and three years
of imprisonment:
a) In organized manner;
b) Causing serious consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
Those who, for their own benefits or other personal
motivation, illegally force laborers, public employees to leave their jobs,
causing serious consequences shall be subject to warning, non-custodial reform
for up to one year or a prison term of between three months and one year.
Article
129.- Infringement upon citizens rights to
assembly, association, rights to freedom of belief, religion
1. Those who commit acts of obstructing citizens from
exercising their rights to assembly and/or to association, which conform to the
interests of the State and the people, rights to freedom of beliefs and
religions, to follow or not to follow any religion, and who have been
disciplined or administratively sanctioned for such acts but continue to commit
violations shall be subject to warning, non-custodial reform for up to one year
or a prison term of between three months and one year.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Those who use violence or commit serious acts to prevent
women from participating in political, economic, scientific, cultural and
social activities shall be subject to warning, non-custodial reform for up to
one year or a prison term of between three months and one year.
1. Those who commit one of the following acts thus causing
serious consequences or who have been administratively sanctioned for one of
the acts stipulated in this Article or have been sentenced for such crime, not
yet entitled to criminal record remission but repeat their violations, shall be
subject to a fine of between two million and twenty million dong or
non-custodial reform for up to two years:
a) Appropriating the copyright of literary, art, scientific,
journalistic works, audio tapes or disc, video tapes or disc;
b) Wrongfully assuming authors names on literary, art,
scientific or journalistic works, audio tapes or disc, video tapes or disc;
c) Illegally amending the contents of literary, art,
scientific, journalistic works, programs on audio tapes or disc, video tapes or
disc;
d) Illegally announcing or disseminating literary, art,
scientific or journalistic works, programs on audio tapes or disc, video tapes
or disc.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between six months and three
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
ten million and one hundred million dong, to a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts shall be
subject to warning, non-custodial reform for up to one year or a prison term of
between three months and three years:
a) Abusing positions and/or powers to obstruct the lodging
of complaints and/or denunciations, the settlement of complaints and/or
denunciations or the handling of those who are the subject of complaints or
denunciations;
b) Having the responsibility but refusing to abide by the
decision of the agencies competent to consider and settle complaints and
denunciations, thus causing damage to the complainants and the denunciators.
2. Those who take revenge on the complainants and/or
denunciators shall be subject to non-custodial reform for up to three years or
a prison term of between six months and five years.
3. The offenders may also be banned from holding certain
posts for one to five years.
Chapter XIV
CRIMES OF INFRINGING UPON OWNERSHIP RIGHTS
1. Those who use force or threaten to use immediate force or
commit other acts thus making resistance futile for persons being attacked in
order to appropriate property shall be sentenced to between three and ten years
of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen years
of imprisonment:
a) In an organized manner;
b) Being of professional character;
c) Dangerous recidivism;
d) Using weapons or other dangerous means or tricks;
e) Inflicting injury on or causing harm to the health of
other persons with an infirmity rate of between 11% and 30%;
f) Appropriating property valued at between fifty million
dong and two hundred million dong;
g) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment:
a) Inflicting injury on or causing harms to the health of
other persons with an infirmity rate of between 31% and 60%;
b) Appropriating property with valued at between two hundred
million dong and under five hundred million dong;
c) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between eighteen and twenty
years of imprisonment, life imprisonment or capital punishment:
a) Inflicting injury on or causing harm to the health of
other persons with an infirmity rate of 61% or higher or causing human death;
b) Appropriating property valued at five hundred million
dong or more;
c) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, the confiscation of part or
whole of property, subject to probation or residence ban for one to five years.
1. Those who kidnap other persons as hostages in order to
appropriate property shall be sentenced to between two and seven years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) In a professional manner;
c) Dangerous recidivism;
d) Using weapons or other dangerous means or tricks;
e) Against children;
f) Against more than one person;
g) Inflicting injury on or causing harms to the health of
the hostages with an infirmity rate of between 11% and 30%;
h) Appropriating property valued at between fifty million
and under two hundred million dong;
i) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between ten and eighteen
years of imprisonment:
a) Inflicting injury on or causing harms to the health of
the hostages with an infirmity rate of between 31% and 60%;
b) Appropriating property valued at between two hundred
million and under five hundred million dong;
c) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment or life imprisonment:
a) Inflicting injury on or causing harms to the health of
the hostages with an infirmity rate of 61% or higher or causing human death;
b) Appropriating property valued at five hundred million
dong or higher;
c) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, the confiscation of part or
whole of property, subject to probation or residence ban for one to five years.
1. Those who threaten to use force or other tricks to
spiritually intimidate other persons in order to appropriate property shall be
sentenced to between one and five years of imprisonment.
2. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between three and ten years of
imprisonment:
a) In an organized manner;
b) In a professional way;
c) Dangerous recidivism;
d) Appropriating property valued at between fifty million
dong and under two hundred million dong;
e) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Appropriating property valued at between two hundred
million and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment:
a) Appropriating property valued at five hundred million
dong or more;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million and one hundred million dong, the confiscation of part or whole of
property.
1. Those who rob other persons of their property by
snatching shall be sentenced to between one and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) In a professional way;
c) Dangerous recidivism;
d) Employing dangerous tricks;
e) Committing assaults in order to flee;
f) Inflicting injury on or causing harms to the health of
other persons with an infirmity rate of between 11% and 30%;
g) Appropriating property valued at between fifty million
dong and under two hundred million dong;
h) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Inflicting injury on or causing harms to the health of
other persons with an infirmity rate of between 31% and 60%;
b) Appropriating property valued at between two hundred
million and under five hundred million dong;
c) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment or life imprisonment:
a) Inflicting injury on or causing harm to the health of
other persons with an infirmity rate of 61% or higher or causing human death;
b) Appropriating property valued at five hundred million
dong or higher;
c) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million and one hundred million dong.
1. Those who openly appropriate other persons property
valued between five hundred thousand dong and fifty million dong, or under five
hundred thousand dong but causing serious consequences, or who have been
administratively sanctioned for acts of appropriation or sentenced for act of
appropriating property but not yet entitled to criminal record remission and
repeat their violations shall be sentenced to between six months and three
years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Committing assaults in order to flee;
b) Appropriating property valued at between fifty million
dong and under two hundred million dong;
c) Dangerous recidivism;
d) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Appropriating property valued between two hundred million
and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between twelve and twenty years of
imprisonment or life imprisonment:
a) Appropriating property valued at five hundred million
dong or higher;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
five million dong and one hundred million dong.
1. Those who steal other persons property valued between
five hundred thousand dong and fifty million dong, or under five hundred
thousand dong but causing serious consequences, or who have been
administratively sanctioned for acts of appropriation or sentenced for the
appropriation of property, not yet entitled to criminal record remission but
repeat their violations, shall be subject to non-custodial reform for up to
three years or to a prison term of between six months and three years.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) In or professional way;
c) Dangerous recidivism;
d) Employing treacherous and dangerous tricks;
e) Committing assaults in order to flee;
f) Appropriating property valued at between fifty million
dong and under two hundred million dong;
g) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Appropriating property valued between two hundred million
and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment or life imprisonment:
a) Appropriating property valued at five hundred million
dong or higher;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong.
1. Those who appropriate through fraudulent tricks other
persons property valued between five hundred thousand dong and fifty million
dong, or under five hundred thousand dong but causing serious consequences, or
who have been administratively sanctioned for acts of appropriation or
sentenced for the property appropriation, not yet entitled to criminal record
remission but repeat their violations, shall be subject to non-custodial reform
for up to three years or a prison term of between six months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Being of professional nature;
c) Dangerous recidivism;
d) Abusing positions and/or powers or abusing the names of
agencies or organizations;
e) Employing perfidious tricks;
f) Appropriating property valued between fifty million dong
and under two hundred million dong;
g) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Appropriating property valued between two hundred million
dong and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years, life imprisonment or capital punishment:
a) Appropriating property valued at five hundred million
dong or higher;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, the confiscation of part or
whole of property, a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts of
appropriating other person’s property valued between one million
dong and fifty million dong, or under one million dong but causing serious
consequences, or who have been administratively sanctioned for act of
appropriation or sentenced for the property appropriation, not yet entitled to
criminal record remission but repeat their violations, shall be subject to
non-custodial reform for up to three years or a prison term of between three
months and three years:
a) Loaning, borrowing and/or renting property of other
persons or receiving property of other persons through contractual forms then
using fraudulent tricks or fleeing in order to appropriate such property;
b) Loaning, borrowing and/or renting property of other
persons or receiving property of other person through contractual forms then
using such property for illegal purposes, thus being incapable of returning
such property.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers or abusing the names of
agencies or organizations;
c) Employing perfidious tricks;
d) Appropriating property valued between over fifty million
dong and under two hundred million dong;
e) Dangerous recidivism;
f) Causing serious consequences.
3. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between seven and fifteen years of
imprisonment:
a) Appropriating property valued between two hundred million
dong and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment or life imprisonment:
a) Appropriating property valued at five hundred million
dong or higher;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, to a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years and the confiscation of part or whole of property or either of these two
penalties.
1. Those who deliberately refuse to return to the lawful
owners or managers or to surrender to responsible authorities property valued
between five million dong and two hundred million dong, antiques or objects of
historical and/or cultural value mistakenly assigned to them or discovered or
found by them, after the lawful owners or managers or the responsible
authorities request to receive back such property according to the provisions
of law, shall be subject to non-custodial reform for up to three years or a
prison term of between three months and two years.
2. Those who illegally hold property valued at two hundred
million dong or higher, or antiques or objects of historical and/or cultural
value shall be sentenced to between one and five years of imprisonment.
1. Those who, for their own benefits, illegally use other person’s property valued at fifty million dong or higher, causing
serious consequences or who have already been administratively sanctioned for
such acts or sentenced for such offense and not yet entitled to criminal record
remission but repeat their violations, shall be subject to a fine of between
five million dong and fifty million dong, non-custodial reform for up to two
years or a prison term of between three months and two years.
2. Committing such crime in one of the following
circumstances, the offenders shall be sentenced to between two and five years
of imprisonment:
a) Committing the crime more than once;
b) Abusing positions and/or powers;
c) Causing very serious consequences;
d) Dangerous recidivism.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between three and seven years
of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and twenty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who destroy or deliberately damage other person’s property, causing damage of between five hundred thousand
dong and under fifty million dong, or under five hundred thousand dong but
causing serious consequences, or who have already been administratively
sanctioned for such act or sentenced for such offense and not yet entitled to
criminal record remission but repeat their violations shall be subject to
non-custodial reform for up to three years or to a prison term of between six
months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Employing explosives, inflammables or other dangerous
means;
c) Causing serious consequences;
d) To conceal other crimes;
e) For the reasons of the victims official duties;
f) Dangerous recidivism;
g) Causing damage to property valued between fifty million
dong and under two hundred million dong.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Causing damage to property valued between two hundred
million dong and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment or life imprisonment:
a) Causing damage to property valued at five hundred million
dong or higher;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, to a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who are tasked with directly managing the State’s property but neglect that responsibility causing loss,
ruin, waste or damage to the State’s
property valued between fifty million dong and two hundred million dong, shall
be subject to non-custodial reform for up to three years or to a prison term of
between six months and three years.
2. Committing the crime of damaging the State’s property valued between two hundred million dong and under
five hundred million dong, the offenders shall be sentenced to between two and
seven years of imprisonment.
3. Committing the crime of damaging the State’s property valued at five hundred million dong or higher,
the offenders shall be sentenced to between seven and fifteen years of
imprisonment.
4. The offenders may also be banned from holding the post of
managing of the State’s property for one to five years.
1. Those who unintentionally cause damage to other person’s property valued between fifty million dong and under five
hundred million dong shall be subject to warning, non-custodial reform for up
to two years or a prison term of between three months and two years.
2. Committing the crime of damaging other person’s property valued at five hundred million dong or higher, the
offenders shall be sentenced to between one and three years of imprisonment.
Chapter XV
CRIMES OF INFRINGING UPON THE MARRIAGE AND FAMILY REGIMES
Those who force other persons into marriage against their
will or prevent other persons from entering into marriage or maintaining
voluntary and progressive marriage bonds through persecution, ill-treatment,
mental intimidation, property claim or other means, and who have already been
administratively sanctioned for such acts but repeat their violations, shall be
subject to warning, non-custodial reform for up to three years or a prison term
of between three months and three years.
1. Any married person who marries or lives with another
person like husband or wife or any unmarried person who marries or lives with
another person who he/she knows to be a married person, thus causing serious
consequences, or who has been administratively sanctioned for such acts but
repeat the violation, shall be subject to warning, non-custodial reform for up
to one year or a prison term of between three months and one year.
2. Those who commit the crime in cases where the court has
already decided to dissolve the marriage or force the termination of
co-habitation like husband and wife contrary to the monogamy but continuing to
maintain such relationship shall be sentenced to between six months and three
years of imprisonment.
Those who commit one of the following acts, have already
been administratively sanctioned but repeat their violation, shall be subject
to warning, non-custodial reform for up to two years or a prison term of
between three months and two years:
a) Organizing marriage for under age persons;
b) Deliberately maintaining the illegal conjugal
relationship with underage persons though the court has already decided the
termination of such relationship.
1. Those who are responsible for the registration of
marriage and know clearly that the applicants are not qualified for the
marriage and still make the registration for such persons, have been
disciplined for such act but repeat their violation, shall be subject to
warning, non-custodial reform for up to two years or a prison term of between
three months and two years.
2. The offenders may also be banned from holding certain
posts for one to five years.
Those who have sexual intercourse with other persons of
direct blood lines, with sisters or brothers born of common parents, with
half-brothers or half-sisters, shall be sentenced to between six months and
five years of imprisonment.
Article
151.- Ill-treating or persecuting
grand-parents, parents, spouses, children, grandchildren and/or fosterers
Those who ill-treat or persecute their grand-parents,
parents, spouses, children, grand-children or fosterers, thus causing serious
consequences or who have already been administratively sanctioned for such acts
but repeat their violations, shall be subject to warning, non-custodial reform
for up to three years or a prison term of between three months and three years.
Those who have the obligation to provide financial support
and have the actual capability to provide the financial support for the persons
they are obliged to do so according to the provisions of law but deliberately
refuse or evade the obligation to provide financial support, thus causing
serious consequences or who have already been administratively sanctioned for
such acts but repeat their violations, shall be subject to warning,
non-custodial reform for up to two years or a prison term of between three
months and two years.
Chapter XVI
CRIMES OF INFRINGING UPON THE ECONOMIC MANAGEMENT ORDER
1. Those who conduct illegal cross-border trading in one of
the following objects shall be subject to a fine of between ten million dong
and one hundred million dong or a prison term of between six months and three
years:
a) Commodities, Vietnamese currency, foreign currency(ies),
precious metals, and/or gemstones valued between one hundred million dong and
under three hundred million dong and the offenders have been administratively
sanctioned for acts defined in this Article or in any of Articles 154, 155,
156, 157, 158, 159, 160 and 161 of this Code or have been sentenced for one of
these offenses, not yet entitled to criminal record remission but repeat the
violations, if not falling under the cases stipulated in Articles 193, 194,
195, 196, 230, 232, 233, 236 and 238 of this Code;
b) Objects being historical and/or cultural relics;
c) Banned goods in great volumes or the offenders have
already been administratively sanctioned for acts defined in this Article or
any of Articles 154, 155, 156, 157, 158, 159, 160 and 161 of this Code or have
already been sentenced for one of these offenses, not yet entitled to criminal
record remission but repeat their violations, if not falling under the cases
defined in Articles 193, 194, 195, 196, 230, 232, 233, 236 and 238 of this
Code.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and seven
years of imprisonment:
a) In an organized manner;
b) Being of professional nature;
c) Dangerous recidivism;
d) The goods involved are valued at between three hundred
million dongs and under five hundred million dong;
e) Banned goods in great quantity;
f) Gaining big illicit profits;
g) Taking advantage of war conditions, natural calamities,
epidemics or other particularly difficult situations;
h) Abusing positions and/or powers;
i) Abusing the names of agencies or organizations;
j) Committing the crime more than once;
k) Causing serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Objects involved are valued at between five hundred
million dong and under one billion dong;
b) The banned goods are in particularly great quantity;
c) Gaining very great illicit profits;
d) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment, life imprisonment or capital punishment:
a) Objects involved are valued at one billion dong or more;
b) Gaining particularly great illicit profits;
c) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
three million dong and thirty million dong, the confiscation of part or whole
of property, a ban from holding certain posts, practicing certain occupations
or doing certain jobs for one to five years.
1. Those who illegally transport across borders any of the
following objects shall be subject to a fine of between five million dong and
twenty million dong, non-custodial reform for up to two years or a prison term
of between three months and two years:
a) Goods, Vietnamese currency, foreign currency(ies),
precious metals, gemstone valued between one hundred million dong and under
three hundred million dong, or under one hundred million dong but the offenders
have already been administratively sanctioned for acts defined in this Article
or any of Articles 153, 155, 156, 157, 158, 159, 160 and 161 of this Code, or
have been sentenced for one of these offenses, not yet entitled to criminal
record remission but repeat their violations, if not falling under the cases
defined in Articles 193, 194, 195, 196, 230, 232, 233, 236 and 238 of this
Code;
b) Objects being historical and/or cultural relics and the
offenders have already been administratively sanctioned but repeat their
violations;
c) The banned goods are in great quantity or the offenders
have already been administratively sanctioned for acts defined in this Article
or any of Articles 153, 155, 156, 157, 158, 159, 160 and 161 of this Code or
have already been sentenced for one of these offenses, not yet entitled to
criminal record remission but repeat their violations, if not falling under the
cases defined in Articles 193, 194, 195, 196, 230, 232, 233, 236 and 238 of
this Code;
2. Committing the crime in one of the following cases, the
offenders shall be sentenced to between two and five years of imprisonment:
a) Object involved in the offense is valued between three
hundred million dong and under five hundred million dong;
b) The banned goods are in very great quantity;
c) Abusing positions and/or powers;
d) Abusing the names of agencies or organizations;
e) Committing the crime more than once;
f) Dangerous recidivism.
3. Committing the crime with goods valued at five hundred
million dong or more or banned goods in particularly great quantity, the offenders
shall be sentenced to from five to ten years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and ten million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who manufacture, stockpile, transport and/or trade
in goods banned from business by the State in great quantity, gain great
illicit profits or who have been administratively sanctioned for acts defined
in this Article or Articles 153, 154, 156, 157,158, 159 and 161 of this Code or
have already been sentenced for one of these offenses, not yet entitled to
criminal record remission but repeat their violations, if not falling under the
cases stipulated in Articles 193, 194, 195, 196, 230, 232, 233, 236 and 238 of
this Code, shall be subject to a fine of between five million dong and fifty
million dong or a prison term of between six months and five years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Abusing the names of agencies or organizations;
d) Being of professional character;
e) Goods involved in the offense are in very great quantity
or gaining very great illicit profits
f) Dangerous recidivism.
3. Committing the crime with particularly great quantity of
goods or particularly great illicit profits, the offenders shall be sentenced
to between eight and fifteen years of imprisonment.
4. The offenders may also be subject to a fine of between
three million dong and thirty million dong, a ban from holding certain posts, practicing
certain occupations or doing certain jobs for one to five years.
1. Those who manufacture and/or trade in fake goods
equivalent to the quantity of genuine goods valued between thirty million dong
and under one hundred fifty million dong, or under thirty million dong but
causing serious consequences or who have been already administratively
sanctioned for acts defined in this Article or any of Articles 153, 154, 155,
157, 158, 159 and 161 of this Code or have already been sentenced for one of
these offenses but not yet entitled to criminal record remission and repeat the
violation, shall be sentenced to from six months to five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Being of professional character;
c) Dangerous recidivism;
d) Abusing positions and/or powers;
e) Abusing the names of agencies or organizations;
f) The fake goods are equivalent to a quantity of genuine
goods valued between one hundred and fifty million dong and under five hundred
million dong;
g) Gaining great illicit profits;
h) Causing very serious consequences.
3. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between seven and fifteen
years of imprisonment:
a) The fake goods are equivalent to a quantity of genuine
goods valued at five hundred million dong or more;
b) Gaining very great or particularly great illicit profits;
c) Causing particularly serious consequences.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, the confiscation of part or whole of
property, a ban from holding certain posts, practicing certain occupations or
from doing certain jobs for one to five years.
Article
157.- Manufacturing and/or trading in fake
goods being food, foodstuffs, curative medicines, preventive medicines
1. Those who produce and/or trade in fake goods being food,
foodstuff, curative medicines and/or preventive medicines shall be sentenced to
between two and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five years and
twelve years:
a) In an organized manner;
b) Being of professional character;
c) Dangerous recidivism;
d) Abusing positions and/or powers;
e) Abusing the names of agencies or organizations;
f) Causing serious consequences.
3. Committing the crime, which results in very serious
consequences, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment.
4. Committing the crime, which results in particularly
serious consequences, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, the confiscation of part or whole of
property, the ban from holding certain posts, practicing certain occupations or
doing certain jobs for one to five years.
Article
158.- Manufacturing and/or trading in fake
goods being animal feeds, fertilizers, veterinary drugs, plant protection
drugs, plant varieties, animal breeds.
1. Those who produce and/or trade in fake goods being animal
feeds, fertilizers, veterinary drugs, plant protection drugs, plant varieties
and/or animal breeds in great quantity or causing serious consequences or who
have been already administratively sanctioned for acts defined in this Article
or any of Articles 153, 154, 155, 156, 157, 159 and 161 of this Code or have
been sentenced for one of these offenses, not yet entitled to criminal record
remission and repeat the violations, shall be subject to a fine of between ten million
dong and one hundred million dong or a prison term of between one and five
years of imprisonment.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Abusing the names of agencies or organizations;
d) Fake goods are in very great quantity;
e) Dangerous recidivism;
f) Causing very serious consequences.
3. Committing the crimes with a particularly great quantity
of fake goods or causing particularly serious consequences, the offenders shall
be sentenced to between seven and fifteen years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong between fifty million dong, the confiscation of part or whole
of property, a ban from holding certain posts, practicing certain occupations
or doing certain jobs for one to five years.
1. Those who conduct business without business registration,
in contravention of the registered contents or without separate license if so
required by law, in one of the following cases, shall be subject to a fine of
between five million dong and fifty million dong or non-custodial reform for up
to two years:
a) The offenders have already been administratively
sanctioned for these acts or sentenced for these crimes or for any crime
defined in Articles 153, 154, 155, 156, 157, 158, 160, 161, 164, 193, 194, 195,
196, 230, 232, 233, 236 and 238 of this Code, have not yet been entitled to
criminal record remission but continue committing the violations;
b) The goods involved in the offense are valued between one
hundred million dong and under three hundred million dong.
2. Committing the crime in one of the following cases, the
offenders shall be sentenced to between three months and two years of
imprisonment:
a) Abusing the names of agencies or organizations;
b) Falsely presenting as an organization which does not
actually exist;
c) The goods involved in the offense are valued at three
hundred million dong or more;
d) Gaining big illicit profits.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
1. Those who take advantage of scarcity or create the sham
scarcity of goods during natural calamities, epidemics and/or war time and buy
up goods in great quantity for re-sale in order to gain illicit profits, thus
causing serious consequences, shall be subject to a fine of between five
million dong and fifty million dong or a prison term of between six months and
five years.
2. Committing such crimes in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Abusing the names of agencies or organizations;
d) The speculated goods are in very great quantity;
e) Very big illicit profits are gained;
f) Very serious consequences are caused;
g) Dangerous recidivism.
3. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between eight and fifteen
years of imprisonment:
a) The speculated goods are in particularly great quantity;
b) Particularly big illegal profits are gained;
c) Particularly serious consequences are caused.
4. The offenders may also be subject to a fine of between
three million dong and thirty million dong, the ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who evade tax in the amount of between fifty
million dong and one hundred and fifty million dong or who have already been
administratively sanctioned for tax evasion or already sentenced for this crime
or for any of the crimes defined in Articles 153, 154, 155, 156, 157, 158, 159,
160, 164, 193, 194, 195, 196, 230, 232, 233, 236 and 238 of this Code, have not
yet been entitled to criminal record remission but repeat their violations,
shall be subject to a fine of between one time and five times the evaded tax
amount or to non-custodial reform for up to two years.
2. Evading tax in the amount of between one hundred million
dong and under five hundred million dong or repeating such crime, the offenders
shall be subject to a fine of between one time and five times the evaded tax
amount or to a prison term of between six months and three years.
3. Evading tax in the amount of five hundred million dong or
more or in other particularly serious circumstances, the offenders shall be
sentenced to between two years and seven years of imprisonment.
4. The offenders may also be subject to a fine of between
one time and three times the evaded tax amount.
1. Those who, in goods purchase or sale, trickily weigh,
measure, calculate or fraudulently exchange goods or employ other deceitful
ploys, causing serious loss to customers, or who have already been
administratively sanctioned for such acts or been sentenced for such offenses
and not yet entitled to criminal record remission but repeat their violations,
shall be subject to warning, a fine of between five million dong and fifty
million dong, non-custodial reform for up to three years or a prison term of
between three months and three years.
2. Committing the crimes more than once or gaining big
illicit profits, the offenders shall be sentenced to between two and seven
years of imprisonment.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
1. Those who provide loans at an interest rates ten or more
times higher than the maximum interest rate prescribed by law, which is of
exploitative nature, shall be subject to a fine of one to ten times the
interest amount or to non-custodial reform for up to one year.
2. If big illegal profits are gained, the offenders shall be
sentenced to between six months and three years of imprisonment.
3. The offenders may also be subject to a fine one to five
times the illicit profits, to a ban from holding certain post, practicing
certain occupations or doing certain jobs for one to five years.
1. Those who make and/or trade in counterfeit stamps and/or
tickets of all kinds in great quantity or who have already been
administratively sanctioned for such acts or have already been sentenced for
such offenses, have not yet been entitled to criminal record remission but
repeat their violations, shall be subject to a fine of between five million
dong and fifty million dong or sentenced to between six months and three years
of imprisonment.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between two and seven years:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Big illicit profits are gained
d) Dangerous recidivism.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong, a ban from holding certain posts, practicing
certain occupations or doing certain jobs for one to five years.
Article
165.- Deliberately acting against the State’s regulations on economic management, causing serious
consequences
1. Those who abuse their positions and/or powers to
deliberately act against the State’s
regulations on economic management, causing a loss of between one hundred
million dong and three hundred million dong, or under one hundred million dong
but the offenders have already been disciplined for such acts but repeat their
violations thus causing serious consequences, shall be subject to non-custodial
reform for up to three years or a prison term of between one and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and twelve
years of imprisonment:
a) For self-seeking or other personal purposes;
b) In an organized manner;
c) Employing perfidious tricks;
d) Causing a loss of from three hundred million dong to
under one billion dong or causing other very serious consequences.
3. Committing the crime which entails a loss of one billion
dong or more or other particularly serious consequences, the offenders shall be
sentenced to between ten years and twenty years of imprisonment.
4. The offenders may also be subject to the confiscation of
part or whole of their property, the ban from holding certain posts or doing
certain jobs for one to five years.
1. Those who abuse their positions and/or powers to set up
an illegal fund valued at between fifty million dong and under two hundred
million dong and have used such fund, causing serious consequences, or who have
already been disciplined or administratively sanctioned for such acts but
continue to commit them, shall be subject to non-custodial reform for up to
three years or a prison term of between one and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and seven
years of imprisonment:
a) Employing perfidious tricks to escape the control;
b) To commit other crimes;
c) The illegal fund is valued at between two hundred million
dong and under five hundred million dong;
d) Causing very serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between six and ten years of
imprisonment:
a) The illegal fund is valued between five hundred million
dong and under one billion dong;
b) Causing particularly serious consequences.
4. Committing the crime in case where the illegal fund has
the value of one billion dong or more, the offenders shall be sentenced to
between eight and fifteen years of imprisonment.
5. The offenders shall also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years, and may be subject to a fine of between five million dong and thirty
million dong.
1. Those who, for self-seeking or other personal purposes,
make false reports to the competent agencies on data and/or documents which are
clearly untruthful, thus causing serious consequences to the elaboration and
implementation of socio-economic plans of the State or who have already been
disciplined or administratively sanctioned for such acts or have already been
sentenced for such offenses, have not yet been entitled to criminal record
remission but continue to commit them, shall be subject to non-custodial reform
for up to one year or a prison term of between three months and three years.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who falsely advertise goods and/or services,
causing serious consequences, or who have been administratively sanctioned for
such act or already sentenced for such offense and not yet entitled to the
criminal record remission but continue to commit it, shall be subject to a fine
of between ten million dong and one hundred million dong, non-custodial reform
for up to three years or to a prison term of between six months and three
years.
2. The offenders may also be subject to a fine of between
five million dong and fifty million dong, to a ban from practicing certain
occupations or doing certain jobs for one to five years.
1. Those who abuse their positions and/or powers and
deliberately act against the regulations on distribution of relief money and
goods, causing serious consequences, shall be subject to warning, non-custodial
reform for up to two years or to a prison term of between three months and two
years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who are competent to grant protection deeds and
breach the law provisions on the granting of industrial property protection
deeds, have already been disciplined or administrative sanctioned for such act
but still commit it, causing serious consequences, shall be subject to
non-custodial reform for up to three years or to a prison term of between six
months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to from two to seven years of
imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who, for business purposes, appropriate and/or
illegally use inventions, utility solutions, industrial designs, trade marks,
appellation, goods origins or other industrial property objects, which are
protected in Vietnam, thus causing serious consequences or who have already
been administratively sanctioned for such acts or already been sentenced for
such offenses, not yet entitled to criminal record remission but continue to
commit them, shall be subject to a fine of between twenty million dong and two
hundred million dong or to non-custodial reform for up to two years.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between six months and three
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, to a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who breach the State’s
regulations on natural resource surveys, exploration and/or exploitation,
conducting such activities ashore, on islands, in inland waters, territorial
waters, exclusive economic zones, contentinental shelf and air space of Vietnam
without permits or in contravention of the contents of the permits thus causing
serious consequences, shall be subject to warning, a fine of between fifty
million dong and one billion dong or a prison term of between six months and
three years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two and ten years of imprisonment.
3. The offenders may also be subject to a fine of between
fifty million dong and five hundred million dong.
1. Those who grab and occupy land or transfer the land use
right or use land in contravention of the State’s
regulations on land management and use, causing serious consequences or who
have already been administratively sanctioned for such acts or have already
been sentenced for such offenses, not yet entitled to criminal record remission
but continue to commit them, shall be subject to a fine of between five million
dong and fifty million dong, non-custodial reform for up to three years or a
prison term of between three months and three years.
2. Committing the crime in one of the following circumstances,
the offenders shall be subject to a fine of between thirty million dong and one
hundred million dong or a prison term of between two and seven years of
imprisonment:
a) In an organized manner;
b) Committing the crimes more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
five million dong and twenty million dong.
1. Those who take advantage of or abuse their positions
and/or powers, assigning, recovering, leasing, permitting the transfer of the
right to use or permitting the change of use of land in contravention of law,
have already been disciplined for such acts but still commit them, shall be
subject to non-custodial reform for up to three years or a prison term of
between six months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Land is large in area or of great value;
b) Serious consequences are caused.
3. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts causing
serious consequences or who have already been administratively sanctioned for
such act or have already been sentenced for this offense, not yet entitled to
criminal record remission but still commit them, shall be subject to a fine of
between five million dong and fifty million dong, non-custodial reform for up
to three years or subject to a prison term of between three months and three
years:
a) Illegally exploiting forest trees or committing other
acts of violating the State’s regulations on forest exploitation
and protection, if not falling under the cases specified in Article 189 of this
Code;
b) Illegally transporting and/or trading in timber, if not
falling into the cases specified in Article 153 and Article 154 of this Code.
2. Committing the crime in very serious or particularly
serious cases, the offenders shall be sentenced to between two years and ten
years of imprisonment.
3. The offenders may also be subject to a fine of between
five million dong and twenty million dong.
1. Those who take advantage of or abuse their positions
and/or powers, committing one of the following acts and causing serious
consequences or who have been disciplined for such acts but still commit them,
shall be subject to non-custodial reform for up to three years or to a prison
term of between six months and three years:
a) Illegally assigning forests and/or forest land or
recovering forests and/or forest land;
b) Illegally permitting the transfer of the use purposes of
forests and/or forest land;
c) Illegally permitting the exploitation and/or
transportation of forest products.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two to seven years
of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious consequences;
3. Committing the crime which entails particularly serious
consequences, the offenders shall be sentenced to between five and twelve years
of imprisonment.
4. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, a ban from holding certain posts
for one to five years.
1. Any responsible persons who commit one of the following
acts, causing serious consequences or who have already been disciplined or
administratively sanctioned for such act or have already been sentenced for
such offenses, not yet entitled to criminal record remission but still commit
them, shall be subject to a fine of between five million dong and fifty million
dong, non-custodial reform for up to two years or a prison term of between
three months and two years:
a) Cutting the electricity supply without grounds or without
notices as prescribed;
b) Groundlessly refusing to supply electricity;
c) Delaying the handling of electricity incident without
plausible reason.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two years and seven years of imprisonment.
3. The offenders may also be subject to a fine of between
two million dong and twenty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Article
178.- Illegally using reserve funds for
supplementation to the charter capital of credit institutions
1. Any responsible persons who use charter capital
supplementation reserve funds to distribute dividends, causing serious
consequences, or who have already been disciplined or administratively
sanctioned for such act or have already been sentenced for such offense, not
yet entitled to criminal record remission but still commit it, shall be subject
to a fine of between ten million dong and five hundred million dong,
non-custodial reform for up to two years or a prison term of between three
months and two years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two and seven years of imprisonment.
3. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who are employed in the credit activities and
commit one of the following acts, causing serious consequences, shall be
subject to a fine of between ten million dong and fifty million dong or a
prison term of between one and seven years:
a) Providing non-secured loans in contravention of law
provisions;
b) Providing loans in excess of the prescribed limits;
c) Other acts of violating law provisions on lending in the
credit activities.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between five years and twelve
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between ten years and twenty
years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing jobs relating to credit
activities for one to five years.
Article
180.- Making, storing, transporting and/or
circulating counterfeit money, treasury bills and/or bonds
1. Those who make, store, transport and/or circulate
counterfeit money, treasury bills and/or bonds shall be sentenced to between
three years and seven years of imprisonment.
2. Committing the crimes in serious cases, the offenders
shall be sentenced to between five years and twelve years of imprisonment.
3. Committing the crimes in very serious or particularly
serious cases, the offenders shall be sentenced to between ten years and twenty
years of imprisonment, life imprisonment or capital punishment.
4. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, the confiscation of part or
whole of their property.
Article
181.- Making, storing, transporting and/or
circulating counterfeit checks and/or other counterfeit valuable papers
1. Those who make, store, transport and/or circulate
counterfeit checks and/or other counterfeit valuable papers shall be sentenced
to between two and seven years of imprisonment.
2. Committing the crime in serious cases, the offenders
shall be sentenced to between five years and twelve years of imprisonment.
3. Committing the crime in very serious or particularly
serious cases, the offenders shall be sentenced to between ten and twenty years
of imprisonment.
4. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, the confiscation of part or
whole of property.
Chapter XVII
ENVIRONMENT-RELATED CRIMES
1. Those who discharge into the air different kinds of
smoke, dust, toxic matters or other harmful elements; emit radiation and/or
radioactive elements in excess of the permitted criteria, have already been
administratively sanctioned but still deliberately refuse to apply remedial
measures under the decisions of the competent agencies, thus causing serious
consequences, shall be subject to a fine of between ten million dong and one
hundred million dong, non-custodial reform for up to three years or a prison
term of between six months and three years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five and ten years of
imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who discharge into water sources oil, grease, toxic
chemicals, radioactive substances in excess of prescribed criteria, wastes,
animal and plant residues, bacteria, micro bacteria, harmful and epidemical
parasites or other harmful elements, have already been administratively
sanctioned but deliberately refuse to apply remedial measures under decisions
of the competent agencies, thus causing serious consequences, shall be subject
to a fine of between ten million dong and one hundred million dong,
non-custodial reform for up to three years or a prison term of between six
months and three years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five years and ten
years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who bury or discharge onto land toxic matters in
excess of prescribed criteria, have already been administratively sanctioned
but still deliberately refuse to take remedial measures under decisions of
competent bodies, causing serious consequences, shall be subject to a fine of
between ten million dong and one hundred million dong, non-custodial reform for
up to three years or a prison term of between six months and three years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five years and ten
years of imprisonment
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Article
185.- Import of technologies, machinery,
equipment, discarded materials or materials which fail to satisfy environmental
protection criteria
1. Those who import or permit the import of technologies,
machinery, equipment, biological preparations, chemical preparations, noxious
matters, radioactive substances or discarded materials which fail to satisfy
the environmental protection criteria, have already been administratively
sanctioned for such acts but still commit them, causing serious consequences,
shall be subject to a fine of between ten million dong and one hundred million
dong, non-custodial reform for up to three years or a prison term of between
six months and three years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two and seven years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five and ten years of
imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts of spreading
dangerous epidemics to other persons, shall be sentenced to between one and
five years of imprisonment:
a) Taking out of epidemic areas animals, plants, animal or
plant products or other objects capable of spreading dangerous epidemics to
human beings;
b) Bringing into or permitting to bring into Vietnam
animals, plants or animal or plant products, which are infected with diseases
or carry dangerous disease germs capable of spreading to human beings;
c) Other acts of spreading dangerous epidemics to human
beings.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five and twelve years of imprisonment.
3. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts of spreading
dangerous epidemics to animals and/or plants, causing serious consequences or
who have been administratively sanctioned for such acts but still commit them,
shall be subject to a fine of between ten million dong and one hundred million
dong, non-custodial reform for up to three years or a prison term of between
six months and three years:
a) Bringing into or taking out of restricted circulation
areas animals, plants, animal or plant products or other objects, which are
infected with diseases or carry disease germs;
b) Bringing into or permitting to be brought into Vietnam
animals, plants, animal or plant products which should be quarantined, but
failing to comply with law provisions on quarantine;
c) Other acts of spreading dangerous epidemics to animals,
plants.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two and seven years of imprisonment.
3. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who breach regulations on the protection of aquatic
resources in one of the following circumstances, causing serious consequences,
or who have already been administratively sanctioned for such acts or sentenced
for such offenses, not yet entitled to criminal record remission but still
commit them, shall be subject to a fine of between ten million dong and one
hundred million dong, non-custodial reform for up to three years or a prison term
of between six months and three years:
a) Using toxic substances, explosives, chemicals, electric
current or banned fishing means and gears to exploit aquatic products or
destroy aquatic resources;
b) Exploiting aquatic products in restricted areas, during
the spawning seasons of a number of species or other time periods banned by
law;
c) Exploiting aquatic products of precious and rare species,
the exploitation of which is banned under Government regulations;
d) Destroying the habitats of precious and rare aquatic
species protected under Government regulations;
e) Breaching other regulations on the protection of aquatic
resources.
2. Committing the crime and causing serious or particularly
serious consequences, the offenders shall be subject to a fine between fifty
million dong and two hundred million dong or a prison term of between two and
five years.
3. The offenders may also be subject to a fine of from two
million dong to twenty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who illegally burn or destroy forests or commit
other acts of forest destruction, causing serious consequences or who have
already been administratively sanctioned for such acts but still commit them,
shall be subject to a fine of between ten million and one hundred million dong,
non-custodial reform for up to three years or a prison term of between six
months and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers or abusing the names of
agencies or organizations;
c) Destroying a very large forest area;
d) Felling and destroying plants of specious and rare
species on the lists prescribed by the Government;
e) Causing very serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Destroying a particularly vast forest area;
b) Destroying protection forests, special-use forests;
c) Causing particularly serious consequences.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who illegally hunt, catch, kill, transport and/or
trade in precious and rare wild animals which are banned therefrom under
Government regulations or illegally transport and/or trade in the products made
of such animals, shall be subject to a fine of between five million dong and
fifty million dong, non-custodial reform for up to two years or a prison term
of between six months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Using banned hunting/catching tools or means;
d) Hunting/catching in prohibited areas or during prohibited
times;
e) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
two million and twenty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who breach the regime of using and exploiting
nature preservation areas, national gardens, natural relics or other natural
areas put under the special protection by the State, have already been
administratively sanctioned for such acts but still commit them and cause
serious consequences, shall be subject to a fine of between five million dong
and fifty million dong, non-custodial reform for up to three years or a prison
term of between six months and three years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two and five years of imprisonment.
3. The offenders may also be subject to a fine of between
two million and twenty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Chapter XVIII
NARCOTICS-RELATED CRIMES
1. Those who grow opium poppy, coca shrubs, marijuana or
other plants which bear narcotic substance, have already been educated more
than once, have already been given conditions to stabilize their lives and have
already been administively sanctioned for such acts but still commit them,
shall be sentenced to between six months and three years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and seven
years of imprisonment:
a) In an organized manner;
b) Repeating such crime.
3. The offenders may also be subject to a fine of between
one million and fifty million dong.
1. Those who illegally produce narcotics in any form shall
be sentenced to between two and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) The crime is committed in an organized manner;
b) Committing the crime more than once;
c) Abusing positions and/or powers;
d) Abusing the names of agencies or organizations;
e) Poppy resin, marijuana resin or coca plasma, weighing
between five hundred grams and under one kilograms;
f) Heroine or cocaine weighing between five grams and under
thirty grams;
g) Other narcotic substances in solid form weighing between
twenty grams and under one hundred grams;
h) Other narcotic substances in liquid form measuring
between one hundred milliliters and under two hundred and fifty milliliters;
i) Involving two or more kinds of narcotics, with the total
volume of such substances being equal to the narcotic volume specified in any
of Points from e to h, Clause 2 of this Article;
j) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment:
a) The crime is committed in a professional manner;
b) Poppy resin, marijuana resin or coca plasma weighing
between one kilogram and under five kilograms;
c) Heroine or cocaine weighing between thirty grams and
under one hundred grams;
d) Other narcotic substance in solid form weighing between
one hundred grams and under three hundred grams;
e) Other narcotic substance in liquid form measuring between
two hundred milliliters and under seven hundred and fifty milliliters;
f) Involving two or more kinds of narcotics with the total
volume of such substances being equal to the narcotic volume specified in any
of the Points from b to e, Clause 3 of this Article.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment:
a) Poppy resin, marijuana resin or coca plasma, weighing
five kilograms or more;
b) Heroine or cocaine weighing one hundred grams or more;
c) Other narcotic substances in solid form weighing three
hundred grams or more;
d) Other narcotic substances in liquid form, measuring seven
hundred and fifty milliliters or more;
e) Involving two kinds of narcotics with the total volume
being equal to the narcotic volume specified in one of the Points from a to d,
Clause 4 of this Article.
5. The offenders may also be subject to a fine of between
five million dong and five hundred million dong, the confiscation of part or
whole of their property, a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
1. Those who illegally store, transport, trade in or
appropriate narcotics shall be sentenced to between two and seven years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Abusing positions and/or powers;
d) Abusing the names of agencies or organizations;
e) Conducting cross-border narcotics transportation and/or
trading in the same;
f) Employing children in the commission of the crime or
selling narcotics to children;
g) Opium resin, marijuana resin or coca plasma weighing
between five hundred grams and under one kilogram;
h) Heroine or cocaine weighing between five grams and under
thirty grams;
i) The marijuana leaves, flower and/or fruit or the coca
leaves weighing between ten kilograms and under twenty five kilograms;
j) Dried poppy fruit weighing between fifty kilograms and
under two hundred kilograms;
k) Fresh poppy fruit weighing between ten kilograms and
under fifty kilograms;
l) Other narcotic substances in solid form weighing between
twenty grams and under one hundred grams;
m) Other narcotic substances in liquid form measuring
between one hundred milliliters and under two hundred and fifty milliliters;
n) Involving two or more kinds of narcotics with their total
volume being equivalent to the narcotic volume specified in one of the Points
from g to m, Clause 2 of this Article;
o) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment:
a) Opium resin, marijuana resin or coca plasma weighing
between one kilogram and under five kilograms;
b) Heroine or cocaine weighing between thirty grams and
under one hundred grams;
c) Marijuana leaves, flower and/or fruit or coca leaves
weighing between twenty five kilograms and under seventy five kilograms;
d) Dried poppy fruit weighing between two hundred kilograms
and under six hundred kilograms;
e) Fresh poppy fruit weighing between fifty kilograms and
under one hundred and fifty kilograms;
f) Other narcotic substances in solid form weighing between
one hundred grams and under three hundred grams;
g) Other narcotic substances in liquid form measuring
between two hundred milliliters and under seven hundred and fifty milliliters;
h) Involving two or more narcotic substances with the total
volume thereof being equivalent to the narcotic volume specified in one of the
Points from a to g, Clause 3 of this Article.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment:
a) Opium resin, marijuana resin or coca plasma weighing five
kilograms or more;
b) Heroine or cocaine weighing one hundred grams or more;
c) Marijuana leaves, flower, fruit or coca leaves weighing
seventy five kilograms or more;
d) Dried poppy fruit weighing six hundred kilograms or more;
e) Fresh poppy fruit weighing one hundred and fifty
kilograms or more;
f) Other narcotic substances in solid form weighing three
hundred grams or more;
g) Other narcotic substances in liquid form measuring seven
hundred and fifty milliliters or more;
h) Involving two or more narcotic substances with the total
volume thereof being equivalent to the narcotic volume specified in one of the
Points from a to g, Clause 4 of this Article.
5. The offenders may also be subject to a fine of between
five million dong and five hundred million dong, the confiscation of part or
whole of property, a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
Article
195.- Stockpiling, transporting, trading in
or appropriating pre-substances for use in the illegal production of narcotics
1. Those who stockpile, transport, trade in or appropriate
pre-substance for use in the illegal production of narcotics shall be sentenced
to between one and six years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between six and thirteen
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Abusing positions and/or powers;
d) Abusing the names of agencies or organizations;
e) The pre-substance weighs between two hundred grams and
five hundred grams;
f) Conducting the cross-border transportation and/or trading
in the same;
g) Dangerous recidivism.
3. Committing the crime with the pre-substance weighing
between five hundred grams and under one thousand two hundred grams, the
offenders shall be sentenced to between thirteen and under twenty years of
imprisonment.
4. Committing the crime with the pre-substance weighing one
thousand two hundred grams or more, the offenders shall be sentenced to twenty
years of imprisonment or life imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, the confiscation of part or whole of
their property, a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
Article
196.- Manufacturing, stockpiling,
transporting and/or trading in means and/or tools used in the illegal
production or use of narcotics
1. Those who manufacture, stockpile, transport and/or trade
in means and/or tools used in the illegal production or use of narcotics shall
be sentenced to between one and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and ten years
of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Abusing positions and/or powers;
d) Abusing the names of agencies and/or organizations;
e) Law-offending objects are in great quantity;
f) Conducting cross-border transportation and/or trading in
the same;
g) Dangerous recidivism.
3. The offenders may also be subject to a fine of between
five million dong and five hundred million dong, the confiscation of part or
whole of their property, a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
1. Those who organize the illegal use of narcotics in any
form shall be sentenced to between two and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Committing the crime more than once;
b) Against more than one person;
c) Against juveniles aged full 13 or more;
d) Against women who, the offenders know to be pregnant;
e) Against persons who are giving up drug addiction;
f) Causing harms to the health of other persons with an
infirmity rate of between 31% and 60%;
g) Infecting many persons with dangerous diseases;
h) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment;
a) Causing harms to another person’s health with an infirmity rate of 61% or higher or causing
human death;
b) Causing harms to the health of many persons with an
infirmity rate of between 31% and 60%;
c) Infecting many persons with dangerous diseases;
d) Against children under 13 years of age.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment:
a) Causing harm to the health of many persons with an infirmity
rate of 61% or higher;
b) Causing death to more than one person or causing other
particularly serious consequences.
5. The offenders may also be subject to a fine of between
fifty million dong and five hundred million dong, the confiscation of part or
whole of their property, to probation or residence ban for one to five years.
1. Those who lease or lend places or commit any other act of
harboring the illegal use of narcotics shall be sentenced to between two and
seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Abusing positions and/or powers;
b) Committing the crime more than once;
c) Against children;
d) Against more than one person;
e) Dangerous recidivism.
3. The offenders may also be subject to a fine of between
fifty million dong and two hundred million dong, the confiscation of part of
whole or their property.
1. Those who illegally use narcotics in any form, have been
educated time and again and administratively handled through the measure of
being sent to compulsory medical treatment establishments but continue to
illegally use narcotics, shall be sentenced to between three months and two
years of imprisonment.
2. Those who relapse into this crime shall be sentenced to
between two and five years of imprisonment.
1. Those who force or induce other persons into illegal use
of narcotics shall be sentenced to between two and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) For base motivation;
d) Against juveniles aged full 13 or older;
e) Against women who, the offenders knows to be pregnant;
f) Against more than one person;
g) Against persons who are giving up their addiction;
h) Causing harms to other person’s health with an infirmity rate of between 31% and 60%;
i) Infecting other persons with dangerous diseases;
j) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen years and
twenty years of imprisonment:
a) Causing harm to other person’s health with an infirmity rate of 61% or higher or causing
human death;
b) Infecting other persons with dangerous diseases;
c) Against children aged under 13 years.
4. Committing the crime and causing the death of more than
one person or other particularly serious consequences, the offenders shall be
subject to 20-years imprisonment or life imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and one hundred million dong.
Article
201.- Breaching regulations on management
and use of addictive drugs or other narcotic substances
1. Those who are responsible for the export, import,
trading, transport, preservation, distribution, allocation and/or use of
addictive drugs or other narcotic substances but violate the regulations on
management and use of such substances, shall be subject to a fine of between
five million dong and one hundred million dong or to a prison term of between
one year and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing serious consequences.
3. Committing the crime in cases where very serious
consequence are caused the offenders shall be sentenced to between twelve and
twenty years of imprisonment.
4. Committing the crime in cases where particularly serious
consequences are caused, the offenders shall be sentenced to twenty years of
imprisonment or life imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Chapter XIX
CRIMES OF INFRINGEMENT UPON PUBLIC SAFETY, PUBLIC ORDER
1. Those who operate road vehicles and breach the
regulations on land road traffic safety, causing loss of lives or serious
damage to the health and/or property of other persons shall be subject to a
fine of between five million dong and fifty million dong, non-custodial reform
for up to three years or a prison term of between six months and five years.
2. Committing the offense in one of the following
circumstances, offenders shall be sentenced to between three and ten years of
imprisonment:
a) Without driving permits or licenses as prescribed;
b) While being intoxicated by alcohol or other strong
intoxicants;
c) Causing accidents then fleeing in order to shirk
responsibility or deliberately refusing to rescue the victims;
d) Failing to obey the signals and orders of persons who are
performing the task of traffic control or guidance;
e) Causing very serious consequences.
3. Committing such crimes resulting in particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Breaching the regulations on land road traffic safety,
which may actually entail particularly serious consequences if not prevented in
time, the offenders shall be subject to non-custodial reform for up to one year
or a prison term of between three months and two years.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who commit one of the following acts of obstructing
road traffic, causing loss of lives or serious damage to the health and/or
property of other persons, shall be subject to a fine of between five million
dong and thirty million dong, non-custodial reform for up to two years or a
prison term of between three months and three years:
a) Illegally digging, drilling and/or cutting land road
traffic works;
b) Illegally placing obstacles that obstruct road traffic;
c) Illegally dismantling, removing, dislocating, shielding
or destroying traffic signals and/or safety facilities;
d) Illegally opening intersections across land roads and/or
roads with median strips;
e) Grabbing, occupying pavements, road surfaces;
f) Grabbing, occupying road protection corridors;
g) Violating the regulations on ensuring traffic safety
while carrying out construction on roads;
h) Other acts of obstructing traffic.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) At passes, slopes and dangerous road sections;
b) Causing very serious consequences.
3. Committing the offense which entails particularly serious
consequences, the offenders shall be sentenced to between five and ten years of
imprisonment.
4. Committing the crime in cases where particularly serious
consequences may actually occur if not prevented in time, the offenders shall
be subject to a fine of between five million dong and twenty million dong,
non-custodial reform or a prison term of between three months and one year.
1. Those who take direct responsibility for the mechanical
status of road vehicles and permit the use of those road vehicles in
circumstances where they obviously fail to meet mechanical safety standards
causing the loss of lives or serious damage to the health and/or property of
other persons, shall be subject to a fine of between ten million dong and fifty
million dong, to non-custodial reform for up to three years or a prison term of
between six months and five years.
2. Committing the offense and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
three and ten years of imprisonment.
3. The offenders may also be banned from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who mobilize or assign persons who have no driving
permits or licenses or do not fully meet other conditions prescribed by law to
operate road vehicles, causing loss of life or serious damage to the health
and/or property of other persons, shall be subject to a fine of between three
million dong and thirty million dong, non-custodial reform for up to three
years or a prison term of between one and three years.
2. Committing the offense and causing very serious
consequences, the offenders shall be sentenced to between two and seven years
of imprisonment.
3. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between five and twelve years
of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five years.
1. Those who illegally organize races for cars, motor
bicycles or other types of motorized vehicles shall be subject to a fine of
between ten million dong and fifty million dong, non-custodial reform for up to
three years or a prison term of between one and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) Organizing large-scale motor races;
b) Organizing bettings;
c) Organizing the resistance against persons bearing the
responsibility of ensuring traffic order and safety or persons with
responsibility to disperse the illegal races;
d) Organizing motor races in densely populated areas;
e) Disassembling safety devices on vehicles being raced;
f) Causing loss of lives or serious damage to the health
and/or property of other persons;
g) Relapsing into this crime or the crime of illegal motor
vehicle racing.
3. Committing the crime which constitutes a dangerous
recidivism or entails very serious consequences, the offenders shall be
sentenced to between seven and fifteen years of imprisonment.
4. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment or life imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and thirty million dong.
1. Those who participate in illegal car, motor bicycle or
other motorized vehicle races, causing damage to the health and/or property of
other persons or have already been administratively sanctioned for such act or
have already be sentenced for such offense, not yet entitled to criminal record
remission but still commit it, shall be subject to a fine of between five
million dong and fifty million dong, non-custodial reform for up to three years
or a prison term of between three months and three years.
2. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between two and seven years of
imprisonment:
a) Causing loss of life or serious damage to the health
and/or property of other persons;
b) Causing accidents then fleeing away in order to shirk the
responsibility or deliberately refusing to rescue the victims;
c) Participating in betting;
d) Opposing the persons responsible for ensuring traffic
order and safety or persons responsible for dispersing illegal motor races.
e) Racing in densely populated areas;
f) Disassembling safety devices on the vehicle being raced;
g) Relapsing into this crime or the crime of organizing
illegal motor races.
3. Committing the crime which constitutes a dangerous
recidivism or entails very serious consequences, the offenders shall be sentenced
to between five years and fifteen years of imprisonment.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between twelve and twenty
years of imprisonment;
5. The offenders may also be subject to a fine of between
five million dong and thirty million dong.
1. Those who command or operate railway vehicles and violate
the regulations on railway traffic safety, causing loss of lives or serious
damage to the health and/or property of other persons, shall be subject to a
fine of between ten million dong and one hundred million dong, non-custodial
reform for up to three years or a prison term of between one and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three years and ten
years of imprisonment:
a) Having no permits, licenses or professional certificates
corresponding to the assigned tasks;
b) In the state of intoxication due to the use of alcohol
beyond the prescribed limits or intoxication due to the use of other strong
intoxicants;
c) Causing accidents then fleeing in order to shirk
responsibility or deliberately refusing to assist victims of the accident;
d) Failing to obey the orders of the commanders or persons
competent to control and maintain railway traffic order and safety;
e) Causing very serious consequences.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime in cases where particularly serious
consequences may actually occur if they are not warded off in time, the
offenders shall be subject to a fine of between ten million dong and fifty
million dong, to non-custodial reform for up to two years or a prison term of
between six months and three years.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who commit one of the following acts of obstructing
railway traffic, causing loss of lives or serious damage to the health and/or
property of other persons or who have already been administratively sanctioned
for such act or have already been sentenced for such offense, not yet entitled
to criminal record remission but continue to commit it, shall be subject to a
fine of between ten million dong and fifty million dong, non-custodial reform for
up to three years or to a prison term of between one and five years:
a) Placing obstacles on railways;
b) Dislocating rails and/or sleepers;
c) Illegally drilling, digging and/or cutting railway beds,
illegally opening roads across railway lines;
d) Damaging, changing, removing and/or shielding signals,
signboards and/or marker posts of railway traffic works;
e) Letting animals cross railways in contravention of
regulations or letting animals drag carts across railways without persons
handling the animals;
f) Illegally operating self-made rail vehicles and/or banned
vehicles on railways;
g) Illegally grabbing and occupying areas restricted for
ensuring safety of railway traffic works;
h) Other acts of obstructing railway traffic.
2. Committing the offense and causing very serious
consequences, the offenders shall be sentenced to between three years and ten
years of imprisonment.
3. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime in cases where it may actually
entail particularly serious consequences may actually if they are not warded
off in time, the offenders shall be subject to a fine of between three million
dong and thirty million dong, to non- custodial reform for up to one year or a
prison term of between three months and two years.
1. Those who take direct responsibility for the mechanical
status of railway vehicles and permit the use of railway vehicles which
obviously fail to ensure the safety, causing the loss of lives or serious
damage to the health and/or property of other persons, or who have already been
disciplined for such act but continue to commit it, shall be subject to a fine
of between ten million dong and fifty million dong, non-custodial reform for up
to three years or a prison term of between one and five years.
2. Committing the offense and causing very serious
consequences, the offenders shall be sentenced to between three years and ten
years of imprisonment.
3. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who mobilize or assign persons who have no driving
permits or licenses or fail to meet other conditions prescribed by law to
command or operate railway vehicles means, thus causing loss of lives or
serious damage to the health and/or property of other persons or who have
already been disciplined for such act but continue to commit it, shall be
subject to a fine of between ten million dong and fifty million dong,
non-custodial reform or a prison term of between one and five years.
2. Committing the offense and causing very serious consequences,
the offenders shall be sentenced to between three and ten years of
imprisonment.
3. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders shall also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
yeas.
1. Those who operate waterborne transport devices and
violate the regulations on waterway traffic safety, causing loss of lives or
serious damage to the health and/or property of other persons, shall be subject
to a fine of between ten million dong and fifty million dong, non-custodial reform
for up to three years or a prison term of between one and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) Having no permits, licenses or professional certificates
corresponding to the assigned tasks;
b) Being in the state of intoxication due to the use of
alcohol beyond the prescribed limits or the use of other strong intoxicants;
c) Causing an accident then fleeing in order to shirk
responsibility or deliberately refusing to assist the victims;
d) Failing to obey the orders of the persons who command or
persons competent to control and maintain waterway traffic order and safety;
e) Causing very serious consequences.
3. Committing the offense and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime in cases where particularly serious
consequences may actually occur if not warded off in time, the offenders shall
be subject to a fine of between five million dong and thirty million dong,
non-custodial reform for up to two years or a prison term of between six months
and three years.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who commit one of the following acts of obstructing
waterway traffic, causing loss of lives or serious damage to the health and/or
property of other persons shall be subject to a fine of between ten million
dong and fifty million dong, non-custodial reform or a prison term of between
one and five years:
a) Illegally carrying out drillings or diggings, thus
damaging the structure of waterway traffic works;
b) Creating barricades, thus obstructing waterway traffic
without placing and maintaining signals;
c) Removing signals, reducing their effect and usefulness;
d) Dismantling signals or destroying waterway traffic works;
e) Grabbing and occupying waterway traffic lines or their
protection corridors;
f) Other acts of obstructing waterway traffic.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three years and ten
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime in cases where it may actually
entail particularly serious consequences if not warded off in time, the
offenders shall be subject to a fine of five million dong to thirty million
dong, to non-custodial reform for up to one year or to a prison term of between
three months and two years.
1. Those who are directly responsible for the mobilization
or technical status of waterway traffic means but permit the use of the
waterborne transport devices which obviously fail to meet safety standards,
causing loss of lives or serious damage to the health and/or property of other
persons, or who have already been disciplined or administratively sanctioned
for such act or have already been sentenced for such offense, not yet entitled
to criminal record remission but continue to commit it, shall be subject to a
fine of between ten million dong and fifty million dong, non-custodial reform
for up to three years or a prison term of between one and five years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced between seven and fifteen years
of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who mobilize or assign persons who have no driving
permits or licenses or who fail to meet other conditions as prescribed by law
to operate waterborne transport devices, causing the loss of lives or serious
damage to the health and/or property of other persons, or who have already been
disciplined or administratively sanctioned for such act or have already been
sentenced for such offense, not yet entitled to criminal record remission but
continue to commit it, shall be subject to a fine of between ten million dong
and fifty million dong, non-custodial reform or to a prison term of between one
and five years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three years and ten
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who command or operate aircraft but violate the
regulations on air traffic safety, which may actually entail particularly
serious consequences if not warded off in time, shall be subject to a fine of
between five million dong and fifty million dong, to non-custodial reform for
up to three years or a prison term of between one and five years.
2. Committing the crime and causing the loss of lives or
serious damage to the health and/or property of other persons, the offenders
shall be sentenced to between three to ten years of imprisonment.
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between seven years and
fifteen years of imprisonment.
4. Committing the crime and causing particularly
serious consequences, the offenders shall be sentenced to between twelve and
twenty years of imprisonment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who commit one of the following acts of obstructing
air traffic, causing loss of lives or serious damage to the health and/or
property of other persons or have already been disciplined or administratively
sanctioned for such act or sentenced for such offense, not yet entitled to
criminal record remission but continue to commit it, shall be subject to a fine
of between ten million dong and fifty million dong, non-custodial reform for up
to three years or a prison term of between one and five years:
a) Placing barricades which obstruct air traffic;
b) Illegally removing, dislocating, shielding or destroying
air traffic safety signs and/or signals;
c) Wrongly using or interfering with communications
frequencies;
d) Providing wrong information, posing danger to flights;
e) Damaging airport equipment or other support facilities;
f) Other acts of obstructing air traffic.
2. Committing the crime in one of the following cases, the
offenders shall be sentenced to between three and ten years of imprisonment:
a) They are persons directly responsible for ensuring the
air traffic safety or directly manage air traffic safety equipment;
b) Causing very serious consequences.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be subject to between seven and fifteen years
of imprisonment.
4. Committing the crime which may actually entail
particularly serious consequences if not warded off in time, the offenders
shall be subject to a fine of between five million dong and twenty million
dong, to non-custodial reform for up to three years or a prison term of between
six months and three years.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who are directly responsible for the mechanical
status of aircrafts but permit the use of such aircraft which obviously fail to
meet technical safety standards shall be sentenced to between one and five
years of imprisonment.
2. Committing the crime and causing the loss of lives or
serious damage to the health and/or property of other persons, the offenders
shall be sentenced to between three years and ten years of imprisonment.
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between eight years and
fifteen years of imprisonment.
4. Committing the crime and causing particularly
serious consequences, the offenders shall be sentenced to between twelve years
and twenty years of imprisonment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who mobilize or assign persons who have no piloting
licenses or fail to fully meet other conditions prescribed by law to operate
aircrafts shall be sentenced to between one and five years of imprisonment.
2. Committing the crime and causing the loss of lives or
serious damage to the health and/or property of other persons, the offenders
shall be sentenced to between three years and ten years of imprisonment.
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between eight years and
fifteen years of imprisonment.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who are responsible for the maintenance, repair
and/or management of road, railway, waterway or airway traffic works but
violate the regulations thereon, causing the loss of lives or serious damage to
the health and/or property of other persons shall be subject to a between of
from five million dong and one hundred million dong, non-custodial reform or a
prison term of between six months and three years.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five and fifteen
years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who use force, threaten to use force or use other
tricks to appropriate aircrafts or ships shall be sentenced to between seven
and fifteen years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment:
a) In an organized manner;
b) Using weapons or dangerous means;
c) Inflicting injury on or causing harm to the health of
other persons;
d) Dangerous recidivism.
3. Committing the crime and causing human death or
other particularly serious consequences, the offenders shall be sentenced to
twenty years imprisonment, life imprisonment or capital punishment.
4. The offenders may also be subject to probation or
residence ban for between one and five years.
Article
222.- Operating aircrafts in violation of
aviation regulations of the Socialist Republic of Vietnam
1. Those who operate aircrafts into or out of Vietnam and
violate the aviation regulations of the Socialist Republic of Vietnam in
circumstances other than those stipulated in Articles 80 and 81 of this Code
shall be subject to a fine of between one hundred million dong and three
hundred million dong or a prison term of between six months and three years.
2. Committing the crime and causing serious consequences,
the offenders shall be subject to a fine of between three hundred million dong
and five hundred million dong or a prison term of between two and seven years.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be subject to a fine of
between five hundred million dong and one billion dong or a prison term of
between five years and ten years.
4. The aircraft may be confiscated.
Article
223.- Operating maritime means in violation
of navigation regulations of the Socialist
Republic of Vietnam
1. Those who operate ships or other waterborne transport
devices into or out of Vietnam or pass through Vietnam’s territorial waters and violate the navigation regulations
of the Socialist Republic of Vietnam in circumstances other than those
stipulated in Articles 80 and 81 of this Code shall be subject to a fine of
between fifty million dong and two hundred million dong or a prison term of
between three months and two years.
2. Committing the crime and causing serious consequences,
the offenders shall be subject to a fine of between two hundred million dong
and five hundred million dong or a prison term of between one and three years.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be subject to a fine of
between five hundred million and eight hundred million dong or a prison term of
between three and seven years.
4. The waterborne transport device may be confiscated.
1. Those who create and intentionally spread or scatter
virus programs through computer networks or by other methods, thus causing
operation disorder, blockading, deformation or destruction of computer data or
who have already been disciplined or administratively sanctioned for this act
but continue to commit it, shall be subject to a fine of between five million
dong and one hundred million dong or a prison term of between six months and
three years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two and seven years of imprisonment.
3. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who are allowed to use computer networks but
violate the regulations on operating. exploiting and using the computer
networks, causing operation disorder, blockading or deformation or destruction
of computer data or who have already been disciplined, administratively
sanctioned for such act but continue to commit it, shall be subject to a fine
of between five million dong and one hundred million dong, non-custodial reform
for up to three years or a prison term of between one and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced between two and five years of
imprisonment:
a) In an organized manner;
b) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who illegally use information in computer networks
and computers as well as put information into computer networks in
contravention of law provisions, causing serious consequences, who have already
been disciplined, administratively sanctioned but continue to commit it, shall
be subject to a fine of between five million dong and fifty million dong,
non-custodial reform for up to three years or a prison term of between six
months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and five years
of imprisonment:
a) In an organized manner;
b) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who breach regulations on labor safety, labor
hygiene, safety in places crowded with people, causing loss of lives or serious
damange to the health and/or property of other persons, shall be subject to
non-custodial reform for up to three years or a prison term of between six
months and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) They are persons responsible for labor safety, labor
hygiene or safety in crowded places;
b) Causing very serious consequences.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and twelve
years of imprisonment.
4. Committing the crime in cases where the particularly
serious consequences may actually occur if not warded off in time, the
offenders shall be subject to non-custodial reform for up to three years or a
prison term of between six months and three years.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who employ children to perform jobs which are
heavy, dangerous or in contact with hazardous substances on the lists
prescribed by the State, causing serious consequences, or who have already been
administratively sanctioned for this act but continue to commit it, shall be
subject to a fine of between five million dong and fifty million dong,
non-custodial reform for up to two years or a prison term of between three
months and two years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Committing the crime more than once;
b) Against more than one children;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
two million dong and twenty million dong.
1. Those who violate the regulations on construction in the
fields of survey, design, construction, use of raw materials, materials,
machinery, pre-acceptance test or other fields in circumstances other than
those stipulated in Article 220 of this Code, causing the loss of lives or
serious damage to the health and/or property of other persons, shall be subject
to a fine of between ten million dong and one hundred million dong,
non-custodial reform for up to three years or a prison term of between six
months and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) They are persons with positions and powers;
b) Causing very serious consequences.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between eight and twenty
years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Article
230.- Illegally manufacturing, stockpiling,
transporting, using, trading in or appropriating military weapons and/or
technical means
1. Those who illegally manufacture, stockpile, transport,
use, trade in or appropriate military weapons and/or technical means shall be
sentenced to between one and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) Objects involved in the offense are in great quantity;
c) Conducting cross-border transport or trading;
d) Causing serious consequences;
e) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between ten years and
fifteen years of imprisonment:
a) The objects involved in the offense are in very great
quantity;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment or life imprisonment:
a) The objects involved in the offense are in particularly
great quantity;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, to probation or residence ban for one
to five years.
1. Those who destroy communications and transport,
works or facilities information-communication works or facilities, electricity
and/or gas works, irrigation works or other important works relating to
security, defense, economy, sciences and techniques, culture and social affairs
in the circumstances other than those stipulated in Article 85 of this Code,
shall be sentenced to between three years and twelve years of imprisonment
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between ten and twenty years
of imprisonment, life imprisonment or capital punishment:
a) In an organized manner;
b) Causing particularly serious consequences;
c) Dangerous recidivism.
3. The offenders may also be subject to probation for one to
five years.
Article
232.- Illegally manufacturing, stockpiling,
transporting, using, trading or appropriating explosive materials
1. Those who illegally manufacture, stockpile, transport,
use, trade in or appropriate explosive materials shall be sentenced to between
one and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Objects involved in the offense are in great quantity;
c) Conducting cross-border transportation and/or trading;
d) Causing serious consequences;
e) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) The objects involved in the offense are in very great
quantity;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment or life imprisonment:
a) Objects involved in the offense are in particularly great
quantity;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, to probation or residence ban for one
to five years.
Article
233.- Illegally manufacturing, stockpiling,
transporting, using, trading in or appropriating rudimentary weapons or support
devices
1. Those who illegally manufacture, stockpile, transport,
use, trade in or appropriate rudimentary weapons or support devices, have
already been administratively sanctioned for such acts, or have already been
sentenced for such offense, not yet entitled to criminal record remission but
continue to commit it, shall be sentenced to between three months and two years
of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) In an organized manner;
b) Objects involved in the offense are in great quantity;
c) Conducting cross-border transportation and/or trading;
d) Causing serious consequences;
e) Dangerous recidivism.
3. The offenders may also be subject to a fine of between
five million dong and fifty million dong, probation or residence ban for one to
five years.
Article
234.- Breaching regulations relating to the
management of weapons, explosive materials, support devices
1. Those who breach regulations on management of the
production, repair, supply, use, maintenance, storage, transport and trading of
weapons, explosive materials, support devices, causing the loss of lives or
serious damage to the health and/or property of other persons, shall be
sentenced to between one and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between ten and fifteen years
of imprisonment.
4. Committing the offense in cases where particularly
serious consequences may actually occur if not warded off in time, the
offenders shall be subject to non-custodial reform for up to three years or a
prison term of between six months and three years.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
235.- Neglecting responsibilities relating
to the keeping of weapons, explosive materials and support devices, causing
serious consequences
1. Those who are assigned weapons, explosive materials
and/or support devices but neglect their responsibility and let other persons
use such weapons, explosive materials and/or support devices, causing the loss
of lives or serious damage to the health and/or property of other persons,
shall be subject to non-custodial reform for up to three years or a prison term
of between six months and five years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
three and ten years of imprisonment.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
236.- Illegally producing, stockpiling,
transporting, using, trading in or appropriating radioactive elements
1. Those who illegally produce, stockpile, transport, use,
trade in or appropriate radioactive elements shall be sentenced to between two
and seven years of imprisonment.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) The objects involved in the offense are in great
quantity;
c) Conducting cross-border transportation and/or trading;
d) Causing serious consequences;
e) Dangerous recidivism.
3. Committing the offenses in one of the following
circumstances, the offenders shall be sentenced to between ten and fifteen
years of imprisonment:
a) The objects involved in the offenses are in very great
quantity;
b) Causing very serious consequences.
4. Committing the offense in one of the following
circumstances, the offender shall be sentenced to between fifteen and twenty
years of imprisonment or life imprisonment:
a) The objects involved in the offense are in particularly
great number;
b) Causing particularly serious consequences.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, probation or residence ban for one to
five years.
1. Those who violate the regulations relating to the
management of the production, supply, use, preservation, storage, transport
and/or trading of radioactive elements, which may actually entail serious
consequences if not warded off in time, shall be subject to non-custodial
reform for up to three years or a prison term of between six months and three
years.
2. Committing the crime and causing the loss of lives
or damage to the health of other persons, the offenders shall be sentenced to
between three and ten years of imprisonment.
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
238.- Illegally producing, stockpiling,
transporting, using or trading in inflammables, toxins
1. Those who illegally produce, stockpile, transport, use
and/or trade in inflammables and/or toxins shall be sentenced to between one
and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) The objects involved in the offense are in great
quantity;
c) Conducting cross-border transportation and/or trading;
d) Causing serious consequences;
e) Dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) The objects involved in the offenses are in very great
quantity;
b) Causing very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to from fifteen to twenty years
of imprisonment or life imprisonment:
a) The objects involved in the offenses are in particularly
great quantity;
b) Causing particularly serious consequences.
5. The offenders may also be sentenced to a fine of between
five million dong and fifty million dong, the probation or residence ban for
one to five years.
1. Those who violate the regulations relating to the
management of the production, supply, use, preservation, storage, transport or
trading of inflammables and/or toxins, causing the loss of lives or serious
damage to the health and/or property of other persons shall be sentenced to
between one and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who violate the regulations on fire prevention and
fighting, causing the loss of lives or serious damage to the health and/or
property of other persons shall be sentenced to non-custodial reform for up to
three years or to between six months and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and eight years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and twelve
years of imprisonment.
4. Committing the crime in cases where particularly serious
consequences may actually occur if not warded off in time, the offenders shall
be sentenced to warning, non-custodial reform for up to two years or between
three months and two years of imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who commit one of the following acts causing
serious consequences or have been disciplined or administratively sanctioned
for such act but continue to commit it shall be sentenced to non-custodial
reform for up to three years or to between six months and three years of
imprisonment:
a) Permitting the construction of or constructing without
permission, houses and works within electricity work safety corridors;
b) Causing explosion, fires, burning forests for milpa
building, felling trees, affecting the operative safety of electricity works;
c) Digging holes, driving stakes and/or building houses on
corridors designed to protect underground electric cables;
d) Anchoring ships and/or boats in the corridors designed to
protect of electric cables in riverbeds or sea beds, which have been warned off
with notices or signboards.
2. Committing the crime and causing very
serious consequences, the offenders shall be sentenced to between two and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five and ten years of
imprisonment.
4. Committing the crime in cases where particularly serious
consequences may actually occur if not warded off in time, the offenders shall
be sentenced to non-custodial reform for up to two years or between three
months and two years of imprisonment.
5. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
242.- Breaching regulations on medical
examination and treatment, drug production, preparations, supply and sale or
other medical services
1. Those who violate the regulations on medical examination
and treatment, drug production, preparations, supply and sale or other medical
services in circumstances other than those stipulated in Article 201 of this
Code, causing the loss of lives or serious damage to the health of other
persons or have already been disciplined or administratively sanctioned for
such acts or have already sentenced for such offenses, not yet entitled to
criminal record remission but continue their violation, shall be sentenced to
between one and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who perform illegal abortions for other persons,
causing loss of lives or serious damage to the health of such persons, or who
have already been disciplined or administratively sanctioned for such act or
already sentenced for such offense, not yet entitled to criminal record
remission but continue to commit it, shall be sentenced to non-custodial reform
for up to three years or between one and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly
serious consequences, the offenders shall be sentenced to between seven and
fifteen years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who process, supply or sell food which, they know,
fails to meet the criteria on safety and hygiene, causing loss of life or
serious damage to the health of consumers, shall be sentenced to between one
and five years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between three and ten years
of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who foment public disorder, causing serious
consequences or who have been already administratively sanctioned for such act
or sentenced for such offense, not yet entitled to criminal record remission
but continue to commit such act, shall be sentenced to a fine of between one
million dong and ten million dong, non-custodial reform for up to two years or
between three months and two years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Using weapons or committing acts of devastation;
b) In an organized manner;
c) Causing serious obstruction to traffic or cessation of
public activities;
d) Inciting other persons to cause disorder;
e) Assaulting persons who intervene to keep the public
order;
f) Dangerous recidivism.
1. Those who dig and/or destroy graves or tombs, appropriate
objects left therein or thereon or commit other acts of interference with human
corpses, graves or tombs and/or remains, shall be sentenced to non-custodial
reform for up to one year or between three months and two years of
imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between one and five years of imprisonment.
1. Those who perform fortune-telling, medium practices or
other forms of superstition, causing serious consequences, or who have already
been administratively sanctioned for such acts or already sentenced for such
offenses, not yet entitled to criminal record remission but continue to commit
them, shall be sentenced to a fine of between five million dong and fifty
million dong, non-custodial reform for up to three years or to between six
months and three years of imprisonment.
2. Committing the crime and causing human death or other
particularly serious consequences, the offenders shall be sentenced to between
three years and ten years of imprisonment.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
1. Those who engage in gambling in any form of
winning or losing money or things of great value or have already been administratively
sanctioned for acts stipulated in this Article and Article 249 of this Code or
have already been sentenced for one of such offenses, not yet entitled to
criminal record remission but continue to commit them, shall be sentenced to a
fine of between five million dong and fifty million dong, non-custodial reform
for up to three years or between three months and three years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) The offense is of professional character;
b) Money or kind used in gambling are of very great or
particularly great value;
c) The offense constitutes dangerous recidivism.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
1. Those who organize gambling or run gambling dens on a
large scale or who have already been administratively sanctioned for the acts
defined in this Article and Article 248 of this Code or have already been
sentenced for one of such offenses, not yet entitled to criminal record
remission but continue to commit them, shall be sentenced to a fine of between
ten million dong and three hundred million dong or to between one year and five
years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between three years and ten
years of imprisonment:
a) The offense is of professional character;
b) Illegally gaining large, very large or particularly large
amounts of profit;
c) The offense constitutes dangerous recidivism.
3. The offenders may also be subject to a fine of between
five million dong and one hundred million dong, the confiscation of part or
whole of their property.
Article
250.- Harboring or consuming property
acquired through the commission of crime by other persons
1. Those who, without prior promise, harbor or consume
property with the full knowledge that it was acquired through the commission of
crime by other persons, shall be sentenced to a fine of between five million
dong and fifty million dong, non-custodial reform for up to three years or a
prison term of between six months and three years.
2. Committing the crimes in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Being of professional character;
c) The property or things involved in the offense are of
great value;
d) Gaining large amount of illicit profits;
e) The offense constitute a cases of dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced between five years and ten
years of imprisonment:
a) The property or things involved in the offense are of
very great value;
b) A very large amount of profit is illegally gained.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) The property or things involved in the offense are of
particularly great value;
b) Particularly great amount of profit is illegally gained.
5. The offenders may also be subject to a fine of between
three million dong and thirty million dong and/or the confiscation of part or
whole or their property.
1. Those who, through financial and/or banking operations or
other transactions, legalize money and/or property obtained through the
commission of crime or use such money and/or property to conduct business
activities or other economic activities, shall be sentenced to between one and
five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Committing the offense more than once.
3. Committing the crime in particularly serious
circumstances, the offenders shall be sentenced to between five and fifteen
years of imprisonment.
4. The offenders may also be subject to the confiscation of
property, a fine treble the amount of money or the value of the property, which
have been legalized, to a ban from holding certain posts, practicing certain
occupations or doing certain jobs for one to five years.
Article
252.- Crimes of enticing compelling
juveniles to commit offenses or harboring juvenile offenders
1. Those who entice or compel juveniles into criminal
activities or a depraved life or harbor juvenile offenders shall be sentenced
to between one and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and twelve years
of imprisonment:
a) In an organized manner;
b) Enticing, compelling, harboring and/or inducing more than
one person;
c) Against children under 13 years of age;
d) Causing serious, very serious or particularly serious
consequences;
e) Constituting a serious case of recidivism.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
Offenders falling under the case prescribed at Point e,
Clause 2, this Article, may also be subject to probation for one to five years.
1. Those who make, duplicate, circulate, transport, sell or
purchase, stockpile decadent books, newspapers, pictures, photographs, films,
music or other objects for the purpose of dissemination thereof, or commit
other acts of disseminating debauched cultural products in one of the following
circumstances, shall be sentenced to a fine of between five million dong and
fifty million dong, to non-custodial reform for up to three years or to between
six months and three years of imprisonment:
a) The offense involves a large quantity of cultural
products;
b) The cultural products are disseminated to more than one
person;
c) The offenders have already been administratively
sanctioned for such act or have already been sentenced for such offense, not
yet entitled to criminal record remission but continue to commit it.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Objects involved in the offense are in very great
quantity;
c) Against juveniles;
d) Causing serious consequences;
e) Constituting a case of dangerous recidivism.
3. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between seven and fifteen years of
imprisonment:
a) The objects involved in the offense are in particularly
great quantity;
b) Very serious or particularly serious consequences are
caused.
4. The offenders may also be subject to a fine of between
three million dong and thirty million dong.
1. Those who harbor prostitutes shall be sentenced to
between one and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and fifteen
years of imprisonment:
a) In an organized manner;
b) Coercing other persons into prostitution;
c) Committing the crime more than once;
d) Against juveniles aged between full 16 years and under 18
years;
e) Causing serious consequences;
f) Constituting a case of dangerous recidivism.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment:
a) Against children aged between full 13 years and under 16
years;
b) Causing very serious consequences.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to twenty years of imprisonment
or life imprisonment.
5. The offenders may also be subject to a fine of between
five million dong and one hundred million dong, the confiscation of part or
whole of property, probation for one to five years.
1. Those who entice or procure prostitutes shall be
sentenced to between six months and five years of imprisonment.
2. Committing the offenses in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) Against juveniles aged between full 16 years and under 18
years;
b) In an organized manner;
c) Being of professional character;
d) Committing the offense more than once;
e) Constituting a case of dangerous recidivism;
f) Against more than one person;
g) Causing other serious consequences.
3. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) Against children aged between full 13 years and under 16
years;
b) Causing very serious consequences.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between twelve and twenty
years of imprisonment.
5. The offenders may also be subject to a fine of between
one million and ten million dong.
1. Those who have paid sexual intercourses with juveniles
aged between full 16 years and under 18 years shall be sentenced to between one
and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and eight
years of imprisonment:
a) Committing the offense more than once;
b) Having paid sexual intercourse with children aged between
full 13 years and under 16 years;
c) Causing harm to the victims health with an infirmity rate
of between 31% and 60%.
3. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) The offense is committed more than once against children
aged between full 13 years and under 16 years;
b) The offense is committed even though the offenders know
that they have been infected with HIV;
c) Harms are caused to the health of the victim with a
infirmity rate of 61% or higher.
4. The offenders shall also be subject to a fine of between
five million dong and ten million dong.
Chapter XX
CRIMES OF INFRINGING UPON ADMINISTRATIVE MANAGEMENT ORDER
1. Those who use force, threaten to use force or use other
tricks to obstruct persons in the performance of their official duties or
coerce them to perform illegal acts, shall be sentenced to non-custodial reform
for up to three years or between six months and three years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) In an organized manner;
b) Committing the offense more than once;
c) Instigating, inducing, involving, inciting other persons
to commit the offense;
d) Causing serious consequences;
e) Constituting a case of dangerous recidivism.
Article
258.- Abusing democratic freedoms to
infringe upon the interests of the State, the legitimate rights and interests
of organizations and/or citizens
1. Those who abuse the rights to freedom of speech, freedom
of press, freedom of belief, religion, assembly, association and other
democratic freedoms to infringe upon the interests of the State, the legitimate
rights and interests of organizations and/or citizens, shall be subject to
warning, non-custodial reform for up to three years or a prison term of between
six months and three years.
2. Committing the offense in serious circumstances, the
offenders shall be sentenced to between two and seven years of imprisonment.
1. Those who fail to strictly abide by the law provisions on
military service registration, fail to abide by the order for enlistment into
the army, the summoning order for military training, have already been
administratively sanctioned for such acts or have already been sentenced for
such offenses, not yet entitled to criminal record remission but continue to
commit such violations, shall be sentenced to non-custodial reform for up to
two years or between three months and two years of imprisonment.
2. Committing the offenses in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) The offenders inflict injuries on themselves or harm to
their health;
b) The offenses are committed during war time;
c) The offenders drag other persons into committing the
offenses.
1. Those who are reserve armymen but refuse to obey the
order for enlistment into the army in case of general mobilization, local
mobilization, war or of a demand to reinforce the regular force of the army for
combat to defend localities, to defend the territorial sovereignty, shall be
sentenced to non-custodial reform for up to three years or between six months
and three years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) The offenders inflict injuries on themselves or harms to
their health;
b) The offenders drag other persons into committing the
offense.
1. Those who abuse positions and/or powers to act against
the regulations on military service registration, the order for enlistment into
the army and/or the summoning order for military trainings shall be sentenced
to non-custodial reform for up to three years or between six months and three
years of imprisonment.
2. Committing the offense during the war time, the offenders
shall be sentenced to between two and seven years of imprisonment.
3. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who deliberately obstruct the military service
registration, the summon for enlistment into the army, the summon for military
training, shall be subject to warning, non-custodial reform for up to two years
or a prison term of between three months and two years.
2. Committing the offense in cases of abusing positions
and/or powers or during war time, the offenders shall be sentenced to
between one and five years of imprisonment.
Article
263.- Deliberately disclosing State secrets;
appropriating, trading in and/or destroying State secret documents
1. Those who deliberately disclose State secrets or
appropriate, trade in and/or destroy State secret documents in circumstances
other than those defined in Article 80 of this Code, shall be sentenced to
between two and seven years of imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between five and ten years of imprisonment.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
ten and fifteen years of imprisonment.
4. The offenders may also be subject to a fine of between
ten million dong and one hundred million dong, a ban from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who unintentionally disclose State secrets or lose
State secret documents shall be sentenced to non-custodial reform for up to
three years or between six months and three years of imprisonment.
2. If causing serious consequences, the offenders shall be
sentenced to between two and seven years of imprisonment.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Those who assume false position or rank in order to commit
illegal acts shall be sentenced to non-custodial reform for up to two years or
between three months and two years of imprisonment.
1. Those who amend, falsify the contents of passports,
visas, household registration, civic status registration or various kinds of
certificates and other documents of agencies and/or organizations and use such
papers to commit illegal acts, causing serious consequences, or have already
been administratively sanctioned for such acts but continue to commit them,
shall be subject to warning, a fine of between one million dong and ten million
dong, non-custodial reform for up to three years or a prison term of between
six months and three years.
2. Committing the offenses in one of the following
circumstances, the offenders shall be sentenced to between two and five years
of imprisonment:
a) In organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be subject to a fine of between
one million dong and five million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
1. Those who forge seals, documents or other papers of
agencies and/or organizations or use such seals, documents or papers to deceive
agencies, organizations and/or citizens, shall be subject to a fine of between
five million dong and fifty million dong or a prison term of between six months
and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and five years
of imprisonment:
a) In an organized manner;
b) Committing the offense more than once;
c) Causing serious consequences;
d) Constituting a case of dangerous recidivism.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
four and seven years of imprisonment.
4. The offenders may also be subject to a fine of between
five million dong and fifty million dong.
Article
268.- Appropriating, trading in, destroying
seals and/or documents issued by State agencies and/or social organizations
1. Those who appropriate, trade in and/or destroy seals
and/or documents of State agencies and/or social organizations, which are not
classified as State secrets or work secrets, shall be subject to a fine of
between one million dong and ten million dong, non-custodial reform for up to
two years or a prison term of between three months and two years.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between one and five years
of imprisonment:
a) In an organized manner;
b) Causing serious, very serious or particularly serious
consequences;
c) Constituting a case of dangerous recidivism.
3. The offenders may also be subject to a fine of between
one million dong and five million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Article
269.- Failing to execute administrative
decisions of competent State agencies on sending offenders to establishments
for reeducation, medical treatment or administrative probation
Those who deliberately refuse to execute administrative
decisions of competent State agencies on sending offenders to establishments
for reeducation, medical treatment, or administrative probation despite the
application of necessary coercise measures, shall be sentenced to between six
months and three years of imprisonment.
1. Those who appropriate space for housing, build dwellings
illegally, have already been administratively sanctioned for such acts or
already sentenced for such offenses, not yet entitled to criminal record
remission but continue to commit the violations, shall be sentenced to
non-custodial reform for up to two years or between three months and two years
of imprisonment.
Dwelling houses and works, which have been built illegally,
may be dismantled, compulsorily purchased or confiscated.
2. The offenders may also be subject to a fine of between
five million dong and fifty million dong.
Article
271.- Breaching regulations relating to the
publication and distribution of books, newspapers, audio discs and tapes, video
discs and tapes or other printed matters
1. Those who violate regulations relating to the publication
and distribution of books, newspapers, audio discs and tapes, video discs and
tapes or other printed matters shall be subject to warning, a fine of between
ten million dong and one hundred million dong, non-custodial reform for up to
one year or a prison term of between three months and one year.
2. The offenders may also be subject to a fine of between
ten million dong and fifty million dong, a ban from holding certain posts,
practicing certain occupations or doing certain jobs for one to five years.
Article
272.- Breaching regulations relating to the
protection and use of historical or cultural relics, famous landscapes and
scenic places, causing serious consequences
1. Those who violate regulations relating to the protection
and use of historical or cultural relics, famous landscapes and scenic places,
thus causing serious consequences or have already been administratively
sanctioned for such acts or already been sentenced for such offenses, not yet
entitled to criminal record remission but continue to commit the violations,
shall be subject to warning, a fine of between two million dong and twenty
million dong, non-custodial reform for up to three years or a prison term of
between three months and three years.
2. Committing the crime in cases where very serious or
particularly serious consequences are caused, the offenders shall be sentenced
to between two and seven years of imprisonment.
1. Those who violate the regulations on residence, movement
or other regulations relating to border regions, have already been
administratively sanctioned for such act or already been sentenced for such
offense, not yet entitled to criminal record remission but continue to commit
the violation, shall be subject to a fine of between five million dong and
fifty million dong or a prison term of between six months and three years.
2. If the offense constitutes a case of recidivism or causes
serious consequences, the offender shall be sentenced to between two and seven
years of imprisonment.
3. The offenders may also be subject to a fine of between
three million dong and thirty million dong, the residence ban for one to five
years.
Those who illegally leave or enter the country or stay
abroad or in Vietnam, have already been administratively sanctioned for such
act but continue the violation, shall be subject to a fine of between five million
dong and fifty million dong or a prison term of between three months and two
years.
1. Those who organize and/or coerce other persons to flee
abroad or stay abroad in cases other than those stipulated in Article 91 of
this Code shall be sentenced to between two years and seven years of
imprisonment.
2. If the offense is committed more than once or causes
serious or very serious consequences, the offenders shall be sentenced to
between five and twelve years of imprisonment.
3. If particularly serious consequences are caused, the
offenders shall be sentenced to between twelve and twenty years of
imprisonment.
Those who deliberately affront the national flag and/or the
national emblem shall be subject to warning, non-custodial reform for up to
three years or a prison term of between six months and three years.
Chapter XXI
CRIMES RELATING TO POSITION
Position-related crimes are acts of infringing upon the
legitimate activities of agencies and/or organizations, which are carried out
by persons holding positions whilst they are on official duties.
The persons with positions as mentioned above are those who
are assigned through appointment, election, contract or other arrangements,
with or without salaries, to perform certain official duties and have certain
powers while performing such official duties.
Section A. CRIMES
OF CORRUPTION
1. Those who abuse their positions and/or powers to
appropriate the property which they have the responsibility to manage and which
is valued between five hundred thousand dong and fifty million dong, or which
is under five hundred thousand dong but falls into one of the following cases,
shall be sentenced to between two and seven years of imprisonment:
a) Serious consequences are caused;
b) The offenders have already been disciplined for such acts
but continue to commit them;
c) The offenders have already been sentenced for one of the
offenses stipulated in Section A of this Chapter, not yet entitled to criminal
record remission but continue to commit them.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) In an organized manner;
b) Employing treacherous and dangerous tricks;
c) Committing the offense more than once;
d) Appropriating property valued between fifty million dong
and two hundred million dong;
e) Causing other serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment:
a) Appropriating property valued between two hundred million
dong and five hundred million dong;
b) Causing other very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of imprisonment,
life imprisonment or capital punishment:
a) Appropriating property valued at five hundred million
dong or more;
b) Causing other particularly serious consequences.
5. The offenders may also be banned from holding certain
posts for one to five years, be subject to a fine of between ten million dong
and fifty million dong, the confiscation of part or whole of their property.
1. Those who abuse their positions and/or power, have
accepted or will accept directly or through intermediaries money, property or
other material interests in any form valued between five hundred thousand dong
and ten million dong, or under five hundred thousand dong but in one of the
following circumstances in order to perform or not to perform certain jobs for
the benefits or at the request of the bribe offerers, shall be sentenced to
between two and seven years of imprisonment:
a) Serious consequences are caused;
b) The offenders have already been disciplined for such acts
but continue to commit them;
c) The offenders have already been sentenced for one of the
crimes stipulated in Section A, this Chapter, not yet been entitled to criminal
record remission but continue to commit them.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven and fifteen
years of imprisonment:
a) In an organized manner;
b) Abusing positions and/or powers;
c) Committing the offense more than once;
d) Knowing clearly that the bribes are the State’s property;
e) Asking for bribes, harassing or employing treacherous
tricks for bribes;
f) The bribe is valued between ten million dong and under
fifty million dong;
g) Causing other serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between fifteen and twenty
years of imprisonment:
a) Appropriating property valued between fifty million dong
and under three hundred million dong;
b) Causing other very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment:
a) Appropriating property with valued at three hundred
million dong or more;
b) Causing other particularly serious consequences.
5. The offenders shall also be banned from holding certain
posts for one to five years, may be subject to a fine between one and five
times the value of the bribe, and/or the confiscation of part or whole of
property.
1. Those who abuse their positions and/or powers to appropriate
other persons property valued between five hundred thousand dong and under
fifty million dong or under five hundred thousand dong but causing serious consequences,
have been disciplined for such act or sentenced for one of the offenses defined
in Section A, this Chapter, not yet entitled to criminal record remission but
continue to commit it, shall be sentenced to between one and six years of
imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between six years and
thirteen years of imprisonment:
a) In an organized manner;
b) Employing perfidious and dangerous tricks;
c) Committing the crime more than once;
d) Dangerous recidivism;
e) Appropriating the property valued between five million
and under two hundred million dong;
f) Causing other serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between thirteen and twenty
years of imprisonment.
a) Appropriating the property valued between two hundred
million dong and under five hundred million dong;
b) Causing other very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of imprisonment
or life imprisonment..
a) Appropriating property valued at five hunderd million
dong or more;
b) Causing other particularly serious consequences.
5. The offenders shall also be banned from holding certain
posts for one to five years, and/or may be subject to a fine of between ten
million to fifty million dong.
1. Those who, for self-seeking or other personal motivation,
abuse their positions and/or powers to act contrarily to their official duties,
causing damage to the interests of the State and the society and/or the
legitimate rights and interests of citizens shall be sentenced to non-custodial
reform for up to three years or from one year to five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and ten years
of imprisonment:
a) In an organized manner;
b) Committing the offense more than once;
c) Causing serious consequences.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
ten and fifteen years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years, may be subject to a fine of between three million
dong and thirty million dong.
1. Those who, for self-seeking or other personal
motivation, act beyond their powers contrarily to their official duties,
causing damage to the interests of the State and the society, and/or to the
legitimate rights and interests of citizens, shall be sentenced to between one
and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) Committing the offense more than once;
c) Causing serious consequences.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
ten and twenty years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years, may be subject to a fine of between three million
dong and thirty million dong.
1. Those who abuse positions and/or powers, have accepted or
will accept directly or through intermediaries money, property or other
material interests in any form valued between five hundred thousand dong and
under ten million dong, or under five hundred thousand dong but causing serious
consequences, have already been disciplined for such act but continue to commit
it, to use their influence and incite persons with positions and powers to do
or not to do something within the sphere of their responsibility or directly
related to their work or to do something they are not allowed to do, shall be
sentenced to between one and six years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between six years and
thirteen years of imprisonment:
a) In an organized manner;
b) Committing the offense more than once;
c) The money, property or other material interests are
valued between ten million dong and under fifty million dong;
d) Causing other serious consequences.
3. Committing the crime in one of the following circumstances,
the offenders shall be sentenced to between thirteen and twenty years of
imprisonment:
a) The money, property or other material interests are
valued between fifty million dong and under three hundred million dong;
b) Causing other very serious consequences.
4. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to twenty years of imprisonment
or life imprisonment:
a) The money, property or other material interests are
valued at three hundred million dong or more;
b) Causing other particularly serious consequences.
5. The offenders shall also be banned from holding certain
posts for one to five years, may be subject to a fine of from one to five times
the amount of money or the value of the property they have earned for their
personal profits.
1. Those who, for self-seeking or other personal motivation,
abuse their positions and/or powers to commit one of the following acts, shall
be sentenced to between one and five years of imprisonment:
a) Amending or falsifying contents of papers, documents;
b) Making and/or granting counterfeit papers;
c) Forging signatures of persons with positions and powers.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) The offenders are persons responsible for making or
granting the papers and/or documents;
c) Committing the offense more than once;
d) Causing serious consequences
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between seven and fifteen
years of imprisonment.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between twelve and twenty
years of imprisonment.
5. The offenders shall also be banned from holding certain
posts or doing certain jobs for one to five years, may be subject to a fine of
between three million dong and thirty million dong.
Section B. OTHER
CRIMES RELATING TO POSITION
1. Those who, due to negligence of their responsibility,
fail to perform or improperly perform their assigned tasks, causing serious
consequences in cases other than those stipulated in Articles 144, 235 and 301
of this Code, shall be sentenced to non-custodial reform for up to three years
or between six months and five years of imprisonment.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
three years and twelve years of imprisonment.
3. The offenders shall also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
286.- Deliberately disclosing work secrets;
appropriating, trading in or destroying documents containing work secrets
1. Those who deliberately disclose work secrets or
appropriate, trade in or destroy documents containing work secrets in cases
other than those stipulated in Articles 80 and 263 of this Code, shall be
sentenced to non-custodial reform for up to three years or between three months
and three years of imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between two years and seven years of
imprisonment.
3. The offenders shall also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who unintentionally disclose work secrets or lose
documents containing work secrets, causing serious, very serious or
particularly serious consequences in cases other than those stipulated in
Article 264 of this Code, shall be subject to warning, non-custodial reform for
up to two years or a prison term of between three months and two years.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
1. Those who are public employees but deliberately desert
their working posts, causing serious consequences, shall be sentenced to
non-custodial reform for up to two years or to between three months and three
years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Dragging other persons into deserting their posts;
b) Committing the offense in circumstances of war, natural
calamity or in other particularly difficult situation of the society;
c) Causing very serious or particularly serious
consequences.
3. The offenders may also be banned from holding certain posts
for one to five years.
1. Those who offer a bribe which has a value of
between five hundred thousand dong and under ten million dong, or under five
hundred thousand dong but cause serious consequences or commit it more than
once, shall be sentenced to between one and six years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between six months and
thirteen years of imprisonment:
a) In an organized manner;
b) Employing treacherous tricks;
c) Using State property to offer bribes;
d) Committing the offense more than once;
e) The bribe has a value of between ten million dong and
under fifty million dong;
f) Causing other serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between thirteen and twenty
years of imprisonment:
a) The bribe has a value of between fifty million dong and
under three hundred million dong;
b) Causing other very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment:
a) The bribe has a value of three hundred million dong or
more;
b) Causing other particularly serious consequences.
5. The offenders may also be subject to a fine of between
one and five times the value of the bribe.
6. Persons who are coerced to offer bribes but take
initiative in reporting them before being detected may be exempt from penal
liability and have part of or the entire property offered as bribes returned.
1. Those who act as intermediaries for bribery and the bribe
has a value of between five hundred thousand dong and under ten million dong,
or under five hundred thousand dong but causes serious consequences, or commit
the offense more than once, shall be sentenced to between six months and five
years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Employing treacherous tricks;
c) Knowing that the bribes are State property;
d) Committing the offense more than once;
e) The bribe has a value of between ten million dong and
under fifty million dong;
f) Causing other serious consequences.
3. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between eight years� and fifteen years of imprisonment:
a) The bribe has a value of between fifty million dong and
under three hundred million dong;
b) Causing other very serious consequences.
4. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between twelve and twenty
years of imprisonment:
a) The bribe has a value of three hundred million dong or
more;
b) Other particularly serious consequences are caused.
5. The offenders may also be subject to a fine of between
one and five times the value of the bribe.
6. The bribery intermediaries who take initiative in
reporting such before being detected, shall be exempt from penal liability.
Article
291.- Taking advantage of one’s influence over persons with positions and powers to seek
personal benefits
1. Those who directly or through intermediaries accept
money, property or other material benefits in any form, valued between five
hundred thousand dong and under fifty million dong, or under five hundred
thousand dong but cause serious consequences, who have already been disciplined
for such act but continue to commit it, to use their influence to entice
persons with positions and powers to do or not to do things within their
responsibility or to do things they are not allowed to do, shall be sentenced
to between one and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) Committing the offense more than once;
b) Accepting the money, property or other material benefits
valued at fifty million dong or more;
c) Causing other serious, very serious or particularly
serious consequences.
3. The offenders may also be subject to a fine of from one
to five times the amount of money or the value of property they have taken for
personal profits.
Chapter XXII
CRIMES OF INFRINGING UPON JUDICIAL ACTIVITIES
Crimes of infringing upon judicial activities are acts of
infringing upon the legitimate activities of investigating, procuracy,
adjudicating and judgment-executing agencies in the protection of the interests
of the State, the legitimate rights and interests of organizations and/or
citizens.
1. Those who have competence but examine for penal liability
persons who they know to be innocent shall be sentenced to between one and five
years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) The penal liability is examined for crimes of infringing
upon the national security or other crimes being particularly serious crimes;
b) Causing serious consequences.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
seven and fifteen years of imprisonment.
4. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who have competence but fail to examine for penal
liability persons who they know to be guilty, shall be sentenced to between six
months and three years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offender shall be sentenced to between two and seven years
of imprisonment:
a) Failing to examine for penal liability persons who have
committed crimes of infringing upon the national security or other crimes being
particularly serious ones;
b) Causing serious consequences.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five and twelve years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those judges or juries who hand down judgements which
they clearly know to be illegal shall be sentenced to between one and five years
of imprisonment.
2. Committing the crime and causing serious consequences the
offenders shall be sentenced to between three and ten years of imprisonment.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
seven and fifteen years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who have competence in investigating, prosecuting,
adjudicating and/or judgement-executing activities and issue decisions which
they clearly know are illegal, causing damage to the interests of the State,
the legitimate rights and interests of organizations and/or citizens, shall be
sentenced to non-custodial reform for up to three years or between six months
and three years of imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between two years and seven years of
imprisonment.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five and ten years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who abuse positions and/or powers to coerce
judicial personnel to act against laws in investigating, prosecuting,
adjudicating and/or judgement-executing activities, thus causing serious
consequences, shall be sentenced to between six months and three years of
imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two years and seven
years of imprisonment:
a) Using force, threatening to use force or using other
dangerous and treacherous tricks;
b) Causing very serious or particularly serious
consequences.
3. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who apply corporal punishment in investigating,
prosecuting, adjudicating and/or judgement-executing activities shall be
sentenced to between six months and three years of imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between two years and seven years of
imprisonment.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five years and twelve years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who, while conducting investigation, prosecution or
trial, employ illegal tricks in order to force persons being questioned to give
false evidence, causing serious consequences, shall be sentenced to between six
months and three years of imprisonment.
2. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five years and ten
years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Any investigators, procurators, judges, juries, court
clerks or other judicial personnel, advocates or defenders of interests of
involved parties, who add, cut, amend, fraudulently exchange, destroy or damage
documents and/or material evidence pertaining to cases, or employ other means
with a view to falsifying the contents of dossiers on cases, shall be sentenced
to between one and five years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Causing serious consequences.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
seven and fifteen years of imprisonment.
4. The offenders shall also be banned from holding certain
posts and/or doing certain jobs for one to five years.
1. Those who directly control, guard or escort persons under
custody or detention but neglect their responsibilities, resulting in the
escape of detainees and causing serious consequences, shall be subject to
non-custodial reform for up to two years or a prison term of between six months
and three years.
2. Committing the crime of letting persons placed in custody
or detention for serious, very serious or particularly serious offenses escape
or cause very serious consequences, the offenders shall be sentenced to between
two and seven years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five and ten years of
imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who abuse their positions and powers or take
advantage of powers to illegally release persons being held in custody or detention,
shall be subject to non-custodial reform for up to three years or a prison term
of between six months and three years.
2. Committing the crime of illegally releasing persons being
held in custody or detention for very serious or particularly serious offenses
or causing very serious consequences, the offenders shall be sentenced to
between two years and seven years of imprisonment.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between five years and ten
years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
1. Those who abuse their positions and/or powers refusing to
issue decisions or to abide by decisions on release of persons eligible
therefor under the provisions of law, shall be sentenced to between six months
and three years of imprisonment.
2. Committing the crime and causing serious consequences,
the offenders shall be sentenced to between two years and seven years of
imprisonment.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five years and ten years of imprisonment.
4. The offenders shall also be banned from holding certain
posts for one to five years.
Those who deliberately refuse to execute the court�s judgements or decisions which have already taken legal
effect, though necessary coercive measures have been applied, shall be subject
to non-custodial reform for up to three years or a prison term of between six
months and three years.
1. Any competent person who deliberately refuses to issue
decisions to enforce judgements or refuses to execute decisions to enforce the
court’s judgements or decisions, causing serious consequences or
who have already been disciplined for such acts but continue to commit them,
shall be subject to non-custodial reform for up to three years or a prison term
of between six months and three years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two years and seven years of imprisonment.
1. Those who abuse positions and powers, deliberately
obstructing the enforcement of judgements, and/thus, cause serious
consequences, shall be subject to non-custodial reform for up to three years or
a prison term of between six months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two years and five
years of imprisonment:
a) In an organized manner;
b) Causing very serious or particularly serious
consequences.
3. The offenders shall also be banned from holding certain
posts for one to five years.
1. Any expert witnesses, interpreters and/or witnesses who
make false conclusions, interpretation or declarations or supply documents
which they clearly know are untrue, shall be subject to warning, non-custodial
reform for up to one year or a prison term of between three months and one
year.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between one and three years
of imprisonment:
a) In an organized manner;
b) Causing serious consequences.
3. Committing the crime and causing very serious or particular
serious consequences, the offenders shall be sentenced to between three and
seven years of imprisonment.
4. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
308.- Refusing to make declarations,
refusing to make expert conclusions or refusing to supply documents
1. Those who refuse to make declarations in cases other than
those stipulated in Clause 2, Article 22 of this Code, or shirk the duty to
make declarations, expert conclusions or refuse to supply documents, without
plausible reasons, shall be subject to warning, non-custodial reform for up to
one year or a prison term of between three months and one year.
2. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
309.- Bribing or coercing other persons to
make false declarations or to supply untrue documents
1. Those who bribe or coerce witnesses and/or victims to make
false declarations and/or supply untrue documents, experts to make false
conclusions and/or interpreters to make wrong interpretations, shall be subject
to non-custodial reform for up to three years or a prison term of between three
months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two and seven years
of imprisonment:
a) Using force, threatening to use force of employing other
dangerous tricks;
b) Abusing positions and/or powers.
1. Those who are assigned to keep inventoried or sealed
property or sealed material evidence and commit one of the following acts shall
be sentenced to between six months and three years of imprisonment:
a) Destroying seals;
b) Consuming, using, assigning, fraudulently exchanging,
concealing or destroying inventoried property;
c) Causing serious consequences.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two years and seven years of imprisonment.
3. The offenders may also be banned from holding certain
posts, practicing certain occupations or doing certain jobs for one to five
years.
Article
311.- Escaping from places of detention or
custody or escaping whilst being escorted or on trial
1. Those who are being held in custody or detention,
escorted or tried, and escape, shall be sentenced to between six months and
five years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between three and ten years
of imprisonment:
a) In an organized manner;
b) Using force against guards or escorters.
Article
312.- Rescuing persons being held in detention
or custody, persons being escorted, persons being on trial
1. Those who rescue persons being held in detention or
custody, being escorted or being tried in circumstances other than those
stipulated in Article 90 of this Code, shall be sentenced to between two and
seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between five and twelve
years of imprisonment:
a) In an organized manner;
b) Abusing positions and/ or powers;
c) Using force against guards or escorters;
d) Rescuing persons being convicted of infringement upon
national security or persons sentenced to death;
e) Causing serious, very serious or particularly serious
consequences.
3. The offenders may also be banned from holding certain
posts for one to five years.
1. Those who, without prior promise, conceal one of the
offenses defined in the following articles shall be sentenced to non-custodial
reform for up to three years or between six months and five years of
imprisonment:
- Articles from 78 to 91 on crimes of infringement upon
national security;
- Article 93 (murder); Article 111, Clauses 2, 3 and 4
(rape); Article 112 (rape against children); Article 114 (forcible intercourse
with children); Article 116, Clauses 2 and 3 (Obscenity against children);
Article 119, Clause 2 (trafficking in women);
- Article 120 (trading in, fraudulently exchanging or
appropriating children);
- Article 133 (robbery of property); Article 134 (kidnapping
for the purpose of property appropriation); Article 138, Clauses 2, 3 and 4
(robbery and stealers of property); Article 139, Clauses 2, 3 and 4 (deception
for appropriation of property); Article 140, Clauses 2, 3 and 4 (Abusing trust
to appropriate property); Article 143, Clauses 2, 3 and 4 (destroying or
intentionally damaging property);
- Article 153, Clause 3 and 4 (smuggling); Article 154,
Clause 3 (Illegally transporting commodities and/or currency(ies) across
borders); Article 155, Clauses 2 and 3 (producing, storing, transporting,
trading banned goods); Article 156, Clauses 2 and 3 (producing and/or trading
fake goods); Article 157 (producing and/or trading in fake goods being food,
foodstuff, curative medicines, preventive medicine); Article 158, Clauses 2 and
3 (producing and/or trading in fake goods being animal feeds, fertilizers,
veritenary drugs, plant protection drugs, plant varieties and animal breeds);
Article 160, Clauses 2 and 3 (speculation); Article 165, Clauses 2 and 3
(deliberately acting against the State�s
regulations on economic management, causing serious consequences); Article 166,
Clauses 3 and 4 (setting up illegal funds); Article 179, Clauses 2 and 3
(breaching regulations on lending activities of credit institutions); Article
180 (making, storing, transporting, circulating counterfeit banknotes, cheques,
bonds); Article 181 (making, storing, transporting, circulating counterfeit
cheques and other valuable papers); Article 189, Clauses 2 and 3 (destroying
forests);
- Article 193 (illegally producing narcotics); Article 194
(storing, transporting, illegally trading in or appropriating Article 195
(illegally storing, transporting, trading in or appropriating pre-substance
used for illegal production of narcotics); Article 196, Clause 2 (producing,
storing, transporting, trading in means and tools used in the illegal
production or use of narcotics); Article 197 (organizing the illegal use of
narcotics); Article 198 (harboring the illegal use of narcotics); Article 200
(coercing, dragging other persons into the illegal use of narcotics); Article
201, Clauses 2, 3 and 4 (breaching the regulations on management and use of
addictive drugs or other narcotic substances);
- Article 206, Clauses 2, 3 and 4 (organizing illegal motor
races); Article 221(hijacking airplanes, ships); Article 230 (illegally
manufacturing, storing, transporting, using, trading in or appropriating
military weapons and/or technical means); Article 231 (destroying important
national security works and/or facilities); Article 232, Clauses 2, 3 and 4
(illegally manufacturing, storing, transporting, using, trading in or
appropriating explosives); Article 236, Clauses 2, 3 and 4 (illegally
producing, storing, transporting, using, trading in or appropriating
radioactive elements); Article 238, Clauses 2, 3 and 4 (illegally producing,
storing, transporting, using or trading in inflammables, toxins);
- Article 256, Clauses 2 and 3 (having paid sexual
intercourse with juveniles);
- Article 278, Clauses 2, 3 and 4 (embezzlement of
property); Article 279, Clauses 2, 3 and 4 (taking bribes); Article 280,
Clauses 2, 3 and 4 (abusing positions and powers to appropriate property);
Article 281, Clauses 2 and 3 (abusing positions and powers in the performance
of official duties); Article 282, Clauses 2 and 3 (abusing powers while
performing official duties); Article 283, Clauses 2, 3 and 4 (abusing positions
and powers to influence other persons for personal profits); Article 284,
Clauses 2, 3 and 4 (Forgery in work); Article 289, Clauses 2, 3 and 4 (offering
bribes); Article 290, Clauses 2, 3 and 4 (acting as intermediary in bribery);
- Article 311, Clause 2 (escaping from places of detention
or custody, or escaping whilst being escorted, adjudicated);
- Articles from 341 to 344 on crimes of undermining peace,
against mankind and war crime.
2. If abusing positions and powers to obstruct the detection
of crimes or committing other acts of concealing criminals, the offenders shall
be sentenced to between two and seven years of imprisonment.
1. Those who have full knowledge of one of the crimes
defined in Article 313 of this Code, which is being prepared, is being or has
been committed, but fail to denounce it, shall be subject to warning,
non-custodial reform for up to three years or a prison term of between three
months and three years.
2. If the offenders grand fathers, grand mothers, fathers,
mothers, children, grandchildren, siblings, wives or husbands fail to denounce
the former’s crimes of infringing upon the national security or other
particularly serious offenses under the provisions of Clause 1, this Article,
they shall bear penal liability therefor.
3. Persons who have failed to denounce offenses but acted to
dissuade the offenders from committing the offenses or to limit the harms done
thereby, may be exempt from penal liability or penalties.
Chapter XXIII
CRIMES OF INFRINGING UPON THE DUTIES AND RESPONSIBILITIES OF
ARMY PERSONNEL
Article
315.- Persons to be held responsible
criminally for infringing upon the duties and responsibilities of army
personnel
Army personnel on active service, reserve army personnel in
the period of concentrated training, citizens requisitioned for service in the
army, militiamen, self-defense personnel detached to army units in combat, combat
service, shall bear penal liability for the offenses they commit as provided
for in this Chapter.
1. Those who disobey orders of their direct commanding
officers or competent superiors shall be sentenced to between six months and
five years of imprisonment.
2. Committing the offense in one of the following
circumstances, the offender shall be sentenced to between five years and ten
years of imprisonment:
a) The offender is a commanding officer or an officer;
b) The offender drags other person(s) into committing the
offense;
c) Force is used;
d) The offense entails serious consequences.
3. If the offense is committed in combat, in battle zones or
in other special circumstances, or causes very serious consequences, the offender
shall be sentenced to between ten years and twenty years of imprisonment.
4. If causing particularly serious consequences, the
offenders shall be sentenced to twenty years of imprisonment, life imprisonment
or capital punishment.
1. Those who execute orders negligently, dilatorily and/or
casually, thus causing serious consequences, shall be sentenced to
non-custodial reform for up to three years or to between three months and three
years of imprisonment.
2. Committing the offense in combat, in battle zones or in
other special circumstances, or causing very serious or particularly serious
consequences, the offenders shall be sentenced to between two years and ten
years of imprisonment.
1. Those who obstruct fellow combatants from discharging
their duties and responsibilities shall be sentenced to non-custodial reform
for up to three years or to between three months and three years of
imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between two and ten years of
imprisonment:
a) Dragging other persons into committing the offense;
b) Using force;
c) Causing serious or very serious consequences.
3. Committing the offense in combat, in battle zones or
causing particularly serious consequences, the offenders shall be sentenced to
between seven years and fifteen years of imprisonment.
1. Those who, in working relationships, seriously hurt the
dignity and honor of or assault commanders or superiors, shall be subject to
non-custodial reform for up to three years or a prison term of between three
months and three years.
2. Committing the crime and causing serious, very serious or
particularly serious consequences, the offenders shall be sentenced to between
two years and seven years of imprisonment.
1. Those who, in their working relationships, seriously
infringe upon the dignity and honor of or apply corporal punishment to
subordinates, shall be subject to non-custodial reform for up to three years or
a prison term of between three months and three years.
2. If causing serious, very serious or particularly serious
consequences, the offenders shall be sentenced to between two years and seven
years of imprisonment.
1. Those who seriously infringe upon the dignity and honor
of or assault companions-in-arms, in situations where these is no working
relationship between them under cases stipulated in Articles 319 and 320 of
this Code, shall be subject to warning, non-custodial reform for up to two
years or a prison term of between three months and two years.
2. Committing the crime and causing serious, very serious or
particularly serious consequences, the offenders shall be sentenced to between
one year and five years of imprisonment.
1. Those who, in the course of combat, surrender to the
enemy, shall be sentenced to between five years and fifteen years of
imprisonment.
2. Committing the offense in one of the following
circumstances, the offenders shall be sentenced to between twelve years and
twenty years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders deliver to the enemy military weapons,
technical means or important documents;
c) The offenders drag other persons into committing the
offense;
d) Serious or very serious consequences are caused.
3. Committing the crime and causing particularly
serious consequences, the offenders shall be sentenced to twenty years of
imprisonment, life imprisonment or capital punishment.
Article
323.- Passing information to or voluntarily
working for the enemy when captured as prisoners of war
1. Those who, when captured as prisoners of war by the
enemy, pass information on military secrets to or voluntarily work for the
enemy, shall be sentenced to between one year and seven years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between seven years and
fifteen years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders cruelly treat other prisoners of war;
c) Serious or very serious consequences are caused.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between fifteen years and twenty
years of imprisonment or life imprisonment.
1. Those who abandon their combat positions or fail to
discharge their duties in combat shall be sentenced to between five years and
twelve years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between ten years and twenty
years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders abandon weapons, technical means or
important documents;
c) The offenders drag other persons into committing the
crime;
d) Serious or very serious consequences are caused.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to twenty years of imprisonment
or life imprisonment.
1. Those who desert the army with a view to evading their
duties, have been disciplined for such act but continue to commit it or cause
serious consequences or commit it in the time of war, shall be subject to
non-custodial reform for up to three years or a prison term of between six
months and five years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three years and
eight years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders drag other persons into committing the
crime;
c) The offenders bring along or abandon weapons, military
technical means or important documents;
d) Very serious consequences are caused.
3. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to between seven years and
twelve years of imprisonment.
1. Those who inflict injuries upon themselves, cause harm to
their own health or employ other dishonest tricks in order to evade their
duties, shall be subject to non-custodial reform for up to three years or a
prison term of between three months and three years.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two years and seven
years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders drag other persons into committing the
crime;
c) The crime is committed during the war time;
d) Serious consequences are caused.
3. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
five years and ten years of imprisonment.
Article
327.- Intentionally disclosing secrets of
military activities ; appropriating, trading in or destroying secret documents
on military activities
1. Those who intentionally disclose secrets of military
activities or appropriate, trade in or destroy secret documents on military
activities in cases other than those stipulated in Articles 80 and 263 of this
Code, shall be sentenced to between six months and five years of imprisonment.
2. Committing the crime and causing serious, very serious or
particularly serious consequences, the offenders shall be sentenced to between
three years and ten years of imprisonment.
Article
328.- Unintentionally disclosing secrets of
military activities; losing secret documents on military activities
1. Those who unintentionally disclose secrets of military
activities or lose secret documents on military activities in cases other than
those stipulated in Article 264 of this Code, shall be subject to non-custodial
reform for up to two years or a prison term of between three months and two
years.
2. Committing the crime and causing serious, very serious or
particularly serious consequences, the offenders shall be sentenced to between
one year and five years of imprisonment.
1. Those who intentionally make false reports, causing
serious consequences, shall be subject to non-custodial reform for up to three
years or a prison term of between three months and three years.
2. Committing the crime and causing very serious or
particularly serious consequences, the offenders shall be sentenced to between
two years and seven years of imprisonment.
1. Those who fail to strictly observe the regime of being on
combat duties, commanding duties and/or official duties, thus causing serious
consequences, shall be subject to non-custodial reform for up to three years or
a prison term of between six months and five years.
2. Committing the offense in combat or causing very serious
or particularly serious consequences, the offenders shall be sentenced to
between three years and ten years of imprisonment.
1. Those who fail to strictly observe the regulations on
patrol, guard and/or escort, causing serious consequences, shall be subject to
non-custodial reform for up to three years or to a prison term of between six
months and five years.
2. If the offense is committed in combat or entails very
serious or particularly serious consequences, the offenders shall be sentenced
to between three years and ten years of imprisonment.
1. Those who fail to strictly observe the regulations on
ensuring safety in combat or in training, thus causing serious consequences,
shall be subject to non-custodial reform for up to three years or to a prison
term of between one year and five years.
2. If causing very serious or particularly serious
consequences, the offenders shall be sentenced to between three years and ten
years of imprisonment.
1. Those who breach regulations on the use of military
weapons, causing serious consequences, shall be subject to non-custodial reform
for up to three years or to a prison term of between six months and five years.
2. If the offense is committed in battle zones or entails
very serious or particularly serious consequences, the offenders shall be
sentenced to between three years and ten years of imprisonment.
1. Those who destroy military weapons and/or technical
means, if in cases other than those stipulated in Articles 85 and 231 of this
Code, shall be sentenced to between two years and seven years of imprisonment.
2. If the offense is in combat or in battle zones or entails
serious consequences, the offenders shall be sentenced to between five years
and twelve years of imprisonment.
3. Committing the crime and causing very serious
consequences, the offenders shall be sentenced to between ten years and twenty
years of imprisonment.
4. Committing the crime and causing particularly serious
consequences, the offenders shall be sentenced to twenty years of imprisonment,
life imprisonment or capital punishment.
1. Those who are assigned to manage or are equipped with
military weapons and/or technical means but lose or unintentionally damage
them, causing serious consequences, shall be subject to non-custodial reform
for up to three years or a prison term of between six months and five years.
2. If very serious or particularly serious consequences are
caused, the offenders shall be sentenced to between three years and seven years
of imprisonment.
1. Any responsible person who deliberately leaves
war-wounded and/or war dead on the battlefield or leaves war wounded untended
and untreated, thus causing serious consequences, shall be sentenced to
non-custodial reform for up to three years or between three months and three
years of imprisonment.
2. Committing the crime and causing the offense entails very
serious consequences, the offenders shall be sentenced to between two years and
seven years of imprisonment.
3. Committing the crime and causing the offense entails
particularly serious consequences, the offenders shall be sentenced to between
five years and ten years of imprisonment.
4. Those who appropriate relics of war dead shall be
sentenced to non-custodial reform for up to three years or between three months
and three years of imprisonment.
1. Those who, while in combat or clearing the battlefields,
appropriate or destroy war trophies, shall be sentenced to non-custodial reform
for up to three years or between six months and five years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between three years and
eight years of imprisonment:
a) The offenders are commanders or officers;
b) The war trophies are of great or very great value;
c) Serious or very serious consequences are caused.
3. If the offense involves war trophies of
particularly great value or entails particularly serious consequences, the
offenders shall be sentenced to between seven years and twelve years of
imprisonment.
1. Those who commit acts of harassing people, have been
disciplined for such acts but continue to commit them or cause serious
consequences, shall be sentenced to non-custodial reform for up to three years
or between three months and three years of imprisonment.
2. Committing the crime in one of the following
circumstances, the offenders shall be sentenced to between two years and seven
years of imprisonment:
a) The offenders are commanders or officers;
b) The offenders drag other persons into committing the
crime;
c) The offense is committed in battle zones or in areas
where the state of emergency has already been declared;
d) Very serious or particularly serious consequences are
caused.
1. Those who, while performing duties, ask for more than the
military demands, causing serious property loss to the State, organizations
and/or citizens, shall be sentenced to non-custodial reform for up to three
years or between three months and three years of imprisonment.
2. If the offense entails very serious or particularly
serious consequences, the offenders shall be sentenced to between three years
and seven years of imprisonment.
Those who ill-treat prisoners of war and/or enemy deserters
shall be subject to non-custodial reform for up to one year or a prison term of
between three months and two years.
Chapter XXIV
CRIMES OF UNDERMINING PEACE, AGAINST HUMANITY AND WAR CRIMES
Article 342. - Crimes against mankind
Article 343. -
Article 344. -
National Assembly Chairman
Nong Duc Manh
Article 343. -
Article 344. -
National Assembly Chairman
Nong Duc Manh
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