THE NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 15/1999/QH10
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Hanoi, December 21, 1999
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PENAL CODE
(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
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FUNDAMENTAL PROVISIONS
Article
1.-
The tasks of the Penal Code
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.
Article
2.-
Basis of penal liabilities
Only those persons
who have committed crimes defined by the Penal Code shall bear the penal liabilities
therefor.
Article
3.-
Handling principles
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.
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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.
Article
4.-
Responsibility to struggle for crime prevention and
combat
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
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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.
Article
7.-
The temporal application of the Penal Code
1. The provision
applying to a criminal act shall be the provision currently in force at the
time such criminal act is committed.
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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
Article
8.-
Definition of crime
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.
Article
9.-
Intentional commission of crimes
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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.
Article
10.-
Unintentional commission of crimes
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.
Article
11.-
Unexpected events
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.
Article
12.-
Ages subject to penal liability
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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.
Article
13.-
The state of having no penal liability capacity
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.
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Persons who act
beyond the limit of legitimate defense shall bear penal liability therefor.
Article
16.-
Urgent circumstances
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.
Article
17.-
Preparation for crime commission
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.
Article
18.-
Incompleted commission of a crime
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Persons who commit
incompleted crimes shall bear penal liability therefor.
Article
19.-
Voluntary termination of unfinished crimes
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.
Article
20.-
Complicity
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.
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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.
Article
21.-
Concealment of crimes
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.
Article
22.-
Non-denunciation of crimes
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
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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.
Article
24.-
Non-application of statute of limitation for penal
liability examination
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Article
25.-
Penal liability exemption
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
Article
26.-
Definition of penalty
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.
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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.
Article
28.-
Penalties
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;
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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.
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Article
29.-
Warning
Warning applies to
offenders of less serious crimes involving extenuating circumstances not
warranting penalty exemption.
Article
30.-
Fine
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.
Article
31.-
Non-custodial reform
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.
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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.
Article
32.-
Expulsion
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.
Article
33.-
Termed imprisonment
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.
Article
34.-
Life imprisonment
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Life imprisonment
shall not apply to juvenile offenders.
Article
35.-
Death penalty
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.
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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.
Article
38.-
Probation
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.
Article
39.-
Deprivation of certain civic rights
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;
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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.
Article
40.-
Confiscation of property
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
Article
41.-
Confiscation of objects and money directly related to
crimes
1. The property
confiscation for State funds shall apply to:
a) Tools and means
used for the commission of crimes;
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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.
Article
43.-
Compulsory medical treatment
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.
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Article
44.-
The compulsory medical treatment duration
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
Article
45.-
Bases for 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.
Article
46.-
Circumstances extenuating penal liability
1. The following
circumstances are considered as extenuating the penal liability:
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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;
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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.
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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.
Article
48.-
Circumstances aggravating the penal liability
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;
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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.
Article
49.-
Recidivism, dangerous recidivism
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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.
Article
50.-
Deciding penalties in cases where more than one crime is
committed
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;
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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.
Article
51.-
To augment penalties of many judgements
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.
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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.
Article
53.-
Deciding penalties in cases of complicity
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.
Article
54.-
Penalty exemption
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.
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STATUTE OF LIMITATION FOR EXECUTION OF
JUDGEMENT, EXEMPTION FROM THE PENALTY EXECUTION, REDUCTION OF PENALTY TERM
Article
55.-
Statute of limitation for judgement execution
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.
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Article
56.-
Non-application of statute of limitations for execution
of judgement
The statue of limitation
for judgement execution shall not apply to crimes prescribed in Chapter XI and
Chapter XXIV of this Code.
Article
57.-
Exemption from penalty execution
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.
Article
58.-
Reduction of the declared penalties
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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.
Article
59.-
Reduction of penalty term in special cases
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.
Article
60.-
Suspended sentence
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.
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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.
Article
61.-
Postponing the serving of imprisonment penalty
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.
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Article
62.-
Suspending the imprisonment penalty
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
Article
63.-
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.
Article
64.-
Automatic remission of criminal records:
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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.
Article
65.-
Criminal record remission by the court’s decision
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;
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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.
Article
66.-
Criminal record remission in special cases
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.
Article
67.-
Method of calculating time limit for criminal record
remission
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.
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PROVISIONS APPLICABLE TO JUVENILE
OFFENDERS
Article
68.-
Application of the Penal Code 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.
Article
69.-
Principles for handling juvenile offenders
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.
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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.
Article
70.-
Judicial measures applicable to juvenile offenders
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.
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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.
Article
71.-
Penalties applicable to juvenile offenders
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.
Article
72.-
Fine
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.
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Article
73.-
Non-custodial reform
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.
Article
74.-
Termed imprisonment
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.
Article
75.-
Augmentation of penalties in cases of committing
multiple crimes
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:
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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.
Article
76.-
Reduction of penalties already declared
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.
Article
77.-
Remission of criminal records
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
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CRIMES OF INFRINGING UPON NATIONAL
SECURITY
Article
78.-
High treason
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.
Article
79.-
Carrying out activities aimed at overthrowing the people’s administration
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.
Article
80.-
Spying
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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.
Article
81.-
Infringing upon territorial security
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.
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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.
Article
83.-
Conducting banditry activities
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.
Article
84.-
Terrorism
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.
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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.
Article
85.-
Sabotaging the material-technical foundations of the Socialist Republic of Vietnam
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.
Article
86.-
Undermining the implementation of socio-economic
policies
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.
Article
87.-
Undermining the unity policy
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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.
Article
88.-
Conducting propaganda against the Socialist Republic of Vietnam
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;
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2. In the case of
committing less serious crimes, the offenders shall be sentenced to between ten
and twenty years of imprisonment.
Article
89.-
Disrupting security
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.
Article
90.-
Destroying detention camps
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.
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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.
Article
92.-
Additional penalties
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
Article
93.-
Murder
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;
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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;
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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.
Article
94.-
Murdering ones new-borns
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.
Article
95.-
Murdering people under provocation
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.
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Article
96.-
Murder beyond the limit of legitimate defense
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.
Article
97.-
Causing death to people in the performance of official
duties
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.
Article
98.-
Accidentally causing human death
1. Any person who
unintentionally causes the death of another person shall be sentenced to
between six months’ and five years of
imprisonment.
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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.
Article
100.-
Forced suicide
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.
Article
101.-
Inciting or assisting other persons to commit suicide
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.
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Article
102.-
Refusal to rescue people from life-threatening situation
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.
Article
103.-
Threatening to murder
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:
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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.
Article
104.-
Intentionally inflicting injury on or causing harm to
the health of other persons
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;
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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
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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.
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Article
108.-
Unintentionally inflicting injury on or causing harm to
the health of other persons
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.
Article
110.-
Ill-treating other persons
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:
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b) Against more than
one person.
Article
111.-
Rape
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;
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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.
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Article
112.-
Rape against children
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:
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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.
Article
113.-
Forcible sexual intercourse
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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:
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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.
Article
114.-
Forcible sexual intercourse with children
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;
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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.
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Article
115.-
Having sexual intercourse with children
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:
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b) Committing the
crime even though the offenders know that they are infected with HIV.
Article
116.-
Obscenity against children
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.
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4. The offenders may
also be banned from holding certain posts, practicing certain occupations or
doing certain jobs for one to five years.
Article
117.-
Spreading HIV to other persons
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.
Article
118.-
Intentionally spreading HIV to other persons
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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.
Article
119.-
Trafficking in women
1. Those who traffic
in women shall be sentenced to between two and seven years of imprisonment.
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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.
Article
120.-
Trading in, fraudulently exchanging or appropriating
children
1. Those who trade
in, fraudulently exchange or appropriate children in any form shall be
sentenced to between three and ten years of imprisonment.
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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.
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Article
121.-
Humiliating other persons
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.
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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.
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CRIMES OF INFRINGING UPON CITIZENS DEMOCRATIC FREEDOMS
Article
123.-
Illegal arrest, custody or detention of people
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.
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4. The offenders may
also be banned from holding certain posts for one to five years.
Article
124.-
Infringement upon citizens places of residence
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
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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.
Article
126.-
Infringement upon citizens rights to vote, to stand for
election
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.
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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
127.-
Falsifying election returns
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.
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Article
128.-
Illegally forcing laborers, public employees to leave
their jobs
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.
Article
130.-
Infringement upon women’s rights to equality
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.
Article
131.-
Infringement upon copyright
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:
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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.
Article
132.-
Infringement upon the rights to complain and/or
denounce
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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
Article
133.-
Plundering property
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:
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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;
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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.
Article
134.-
Kidnapping in order to appropriate property
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;
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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%;
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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.
Article
135.-
Extortion of property
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:
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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;
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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.
Article
136.-
Property robbery by snatching
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;
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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;
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5. The offenders may
also be subject to a fine of between ten million and one hundred million dong.
Article
137.-
Openly appropriating property
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:
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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.
Article
138.-
Stealing property
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;
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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:
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b) Causing
particularly serious consequences.
5. The offenders may
also be subject to a fine of between five million dong and fifty million dong.
Article
139.-
Appropriating property through swindling
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;
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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.
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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;
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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.
Article
141.-
Illegally holding property
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.
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Article
142.-
Illegally using property
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.
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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.
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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.
Article
144.-
Neglecting responsibility causing serious damage to the
State’s property
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.
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4. The offenders may
also be banned from holding the post of managing of the State’s property for one to
five years.
Article
145.-
Unintentionally causing serious damage to property
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
Article
146.-
Forcible marriage or prevention of voluntary and
progressive marriage
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.
Article
147.-
Bigamy
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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.
Article
148.-
Organizing underage marriage, entering into underage
marriage
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.
Article
149.-
Registering illegal marriage
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.
Article
150.-
Incest
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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.
Article
152.-
Refusing or evading the obligation to provide financial
support
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
Article
153.-
Smuggling
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;
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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;
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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:
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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.
Article
154.-
Illegal cross-border transportation of goods and/or
currencies
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:
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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.
Article
155.-
Manufacturing, stockpiling, transporting and/or trading
in banned goods
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.
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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.
Article
156.-
Manufacturing and/or trading in fake goods
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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.
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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;
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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:
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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.
Article
159.-
Conducting business illegally
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:
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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.
Article
160.-
Speculation
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.
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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;
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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.
Article
161.-
Tax evasion
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.
Article
162.-
Deceiving customers
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.
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3. The offenders may
also be subject to a fine of between three million dong and thirty million
dong.
Article
163.-
Usury
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.
Article
164.-
Counterfeiting stamps and/or tickets, trading in
counterfeit stamps and/or tickets
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;
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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;
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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.
Article
166.-
Establishing illegal funds
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.
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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.
Article
167.-
Making false reports on economic management
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.
Article
168.-
Making false advertisements
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.
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Article
169.-
Deliberately acting against the regulations on
distribution of relief money and goods
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.
Article
170.-
Breaching the regulations on the granting of industrial
property protection deeds
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.
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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.
Article
171.-
Infringing upon industrial property rights
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;
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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.
Article
172.-
Breaching regulations on natural resource surveys,
exploration and/or exploitation
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.
Article
173.-
Breaching regulations on land use
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;
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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.
Article
174.-
Breaching regulations on land management
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.
Article
175.-
Breaching regulations on forest exploitation and
protection
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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.
Article
176.-
Breaching regulations on forest management
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.
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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.
Article
177.-
Breaching regulations on electricity supply
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;
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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.
Article
179.-
Breaching regulations on loan provision in the
operations of credit institutions
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;
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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.
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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
Article
182.-
Causing air pollution
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.
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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
183.-
Causing water source pollution
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.
Article
184.-
Causing land pollution
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.
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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.
Article
186.-
Spreading dangerous epidemics to human beings
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;
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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.
Article
187.-
Deliberately spreading dangerous epidemics to animals
and/or plants
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.
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Article
188.-
Destroying aquatic resources
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.
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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;
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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.
Article
190.-
Breaching regulations on the protection of precious and
rare wild animals
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;
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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.
Article
191.-
Breaching the special- protection regime for nature
preservation areas
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
Article
192.-
Growing opium poppy and other kinds of plant bearing
narcotic substance
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.
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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.
Article
193.-
Illegally producing narcotics
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;
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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;
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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.
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Article
194.-
Illegally stockpiling, transporting, trading in or
appropriating narcotics
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;
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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:
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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;
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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.
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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.
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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;
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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.
Article
197.-
Organizing the illegal use of narcotics
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;
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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;
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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.
Article
198.-
Harboring the illegal use of narcotics
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.
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Article
199.-
Illegal use of narcotics
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.
Article
200.-
Forcing, inducing other persons into illegal use of narcotics
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;
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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;
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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.
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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
Article
202.-
Breaching regulations on operating road vehicles
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;
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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.
Article
203.-
Obstructing road traffic
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;
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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.
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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.
Article
205.-
Mobilizing or assigning unqualified persons to operate
road vehicles
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.
Article
206.-
Organizing illegal motor races
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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.
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5. The offenders may
also be subject to a fine of between five million dong and thirty million dong.
Article
207.-
Illegal motor racing
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;
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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.
Article
208.- Breaching the regulations on operating railway vehicles
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;
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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.
Article
209.-
Obstructing railway traffic
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;
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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.
Article
210.-
Putting to use railway vehicles which fail to meet
safety standards
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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.
Article
211.-
Mobilizing or assigning unqualified persons to operate
railway traffic means
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.
Article
212.-
Breaching the regulations on operating waterborne
transport devices
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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.
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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.
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Article
214.-
Putting into use waterborne transport devices which
fail to meet safety standards
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.
Article
215.-
Mobilizing or assigning unqualified persons to operate
waterborne transport devices
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.
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Article
216.-
Breaching regulations relating to the operation of
aircrafts
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.
Article
217.-
Obstructing air traffic
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;
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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.
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Article
218.-
Putting into use aircrafts which fail to meet safety
standards
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.
Article
219.-
Mobilizing or assigning unqualified persons to operate
aircrafts
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.
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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.
Article
220.-
Breaching regulations on maintenance, repair and/or
management of traffic works
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.
Article
221.-
Hijacking aircrafts, ships
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.
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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.
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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.
Article
224.-
Creating and spreading, scattering electronic virus
programs
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.
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Article
225.-
Breaching regulations on operating, exploiting and
using computer networks
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.
Article
226.-
Illegally using information in computer networks
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:
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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.
Article
227.-
Breaching regulations on labor safety, labor hygiene,
safety in crowded places
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.
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Article
228.-
Breaching regulations on employment of child labor
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.
Article
229.-
Breaching regulations on construction, causing serious
consequences
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.
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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;
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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.
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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:
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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;
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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.
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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.
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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:
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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.
Article
237.-
Breaching regulations relating to the management of
radioactive elements
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.
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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.
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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.
Article
239.-
Breaching the regulations relating to the management of
inflammables, toxins
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.
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4. The offenders may
also be banned from holding certain posts, practicing certain occupations or
doing certain jobs for one to five years.
Article
240.-
Breaching regulations on fire prevention and fighting
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.
Article
241.-
Breaching the regulations on safety in operating
electricity works
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:
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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.
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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.
Article
243.-
Illegal abortion
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.
Article
244.-
Reaching regulations on food safety and hygiene
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.
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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.
Article
245.-
Causing public disorder
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;
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f) Dangerous
recidivism.
Article
246.-
Interfering with human corpses, graves and/or remains
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.
Article
247.-
Performing superstitious practices
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.
Article
248.-
Gambling
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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.
Article
249.-
Organizing gambling or running gambling-dens
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;
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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;
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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.
Article
251.-
Laundering money and/or property obtained through the
commission of crime
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.
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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;
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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.
Article
253.-
Disseminating debauched cultural products
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;
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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.
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Article
254.-
Harboring prostitutes
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.
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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.
Article
255.-
Procuring prostitutes
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;
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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.
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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.
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Chapter
XX
CRIMES OF INFRINGING UPON
ADMINISTRATIVE MANAGEMENT ORDER
Article
257.-
Resisting persons in the performance of their official
duties
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;
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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.
Article
259.-
Evading military service
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.
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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.
Article
261.-
Acting against the regulations on the performance of
military service
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.
Article
262.-
Obstructing the performance of military service
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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.
Article
264.-
Unintentionally disclosing State secrets, losing State
secret documents
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.
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Article
265.-
Assuming false position or rank
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.
Article
266.-
Amending and/or using certificates and papers issued by
agencies and/or organizations
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.
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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
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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.
Article
270.-
Breaching regulations on management of dwelling houses
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.
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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.
Article
273.-
Breaching regulations on border regions
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.
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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.
Article
274.-
Illegally leaving or entering the country; illegally
staying abroad or in Vietnam
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.
Article
275.-
Organizing and/or coercing other persons to flee abroad
or to stay abroad illegally
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.
Article
276.-
Affronting the national flag or national emblem
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.
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CRIMES RELATING TO POSITION
Article
277.-
Definition of position-related crimes
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
Article
278.-
Embezzling property
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;
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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.
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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.
Article
279.-
Receiving bribes
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:
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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.
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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.
Article
280.-
Abusing positions and/or powers to appropriate 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;
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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.
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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.
Article
282.-
Abusing powers while performing official duties
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.
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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.
Article
283.-
Abusing positions and/or powers to influence other
persons for personal profits
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;
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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.
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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
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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
Article
285.-
Negligence of responsibility, causing serious
consequences
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.
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3. The offenders
shall also be banned from holding certain posts, practicing certain occupations
or doing certain jobs for one to five years.
Article
287.-
Unintentionally disclosing work secrets; losing
documents containing work secrets
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.
Article
288.-
Deserting one’s posts
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;
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3. The offenders may
also be banned from holding certain posts for one to five years.
Article
289.-
Offering bribes
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;
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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.
Article
290.-
Acting as intermediaries for bribery
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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;
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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;
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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
Article
292.-
Definition of 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.
Article
293.-
Examining innocent persons for penal liability
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:
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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.
Article
294.-
Failing to examine for penal liability persons who are
guilty
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.
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Article
295.-
Handing down illegal judgements
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.
Article
296.-
Making illegal decisions
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.
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Article
297.-
Coercing judicial personnel to act against laws
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.
Article
298.-
Applying corporal punishment
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.
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4. The offenders
shall also be banned from holding certain posts for one to five years.
Article
299.-
Forcing evidence or testimony
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.
Article
300.-
Falsifying case dossiers
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:
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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.
Article
301.-
Neglecting responsibility resulting in escape of
detainees
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.
Article
302.-
Illegally releasing persons being held in custody or
detention
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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.
Article
303.-
Abusing positions and powers to detain persons in
contravention of law
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.
Article
304.-
Failing to execute judgements
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Article
305.-
Failing to enforce judgements
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.
Article
306.-
Obstructing the enforcement of judgements
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.
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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.
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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.
Article
310.-
Violating the sealing and/or inventory of property
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.
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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:
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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.
Article
313.-
Concealing offenses
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);
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- 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.
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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.
Article
316.-
Disobeying orders
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.
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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.
Article
317.-
Unscrupulously executing orders
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.
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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.
Article
319.-
Insulting or assaulting commanders or superiors
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.
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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.
Article
321.-
Humiliating or assaulting companions- in- arms
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.
Article
322.-
Surrending to the enemy
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;
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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.
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Article
324.-
Abandoning combat positions
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.
Article
325.-
Desertion
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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.
Article
326.-
Shirking duties
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:
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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.
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Article
329.-
Making false reports
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.
Article
330.-
Breaching regulations on combat readiness, commanding
duties, official duties
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.
Article
331.-
Breaching regulations on guard duty
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.
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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.
Article
333.-
Breaching regulations on the use of military weapons
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.
Article
334.-
Destroying military weapons, technical means
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.
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Article
335.-
Losing or unintentionally damaging military weapons
and/or technical means
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.
Article
336.-
Violating policies towards war wounded and/or war dead
during combat
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.
Article
337.-
Appropriating or destroying war trophies
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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.
Article
338.-
Harassing people
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;
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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.
Article
339.-
Abusing military demands while performing duties
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.
Article
340.-
Ill-treating prisoners of war and/or enemy deserters
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
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Those who propagate
and/or incite wars of aggression, or prepare, carry out or participate in wars
of aggression against the independence, sovereignty and territorial integrity
of another country, shall be sentenced to between twelve years and twenty years
of imprisonment, life imprisonment or capital punishment.
Article
342.-
Crimes against mankind
Those who, in peace
time or war time, commit acts of annihilating en-mass population in an area,
destroying the source of their livelihood, undermining the cultural and
spiritual life of a country, upsetting the foundation of a society with a view
to undermining such society, as well as other acts of genocide or acts of
ecocide or destroying the natural environment, shall be sentenced to between
ten years and twenty years of imprisonment, life imprisonment or capital
punishment.
Article
343.-
War crimes
Those who, in time of
war, give the order for or directly undertake the murder of civilians, wounded
persons, prisoners of war, the looting of property, the destruction of
population quarters, the use of banned war means or methods, and/or commit
other acts in serious violation of international laws or international treaties
which Vietnam has signed or acceded to, shall be sentenced to between ten years
and twenty years of imprisonment, life imprisonment or capital punishment.
Article
344.-
Recruiting mercenaries or working as mercenaries
1. Those who recruit,
train or use mercenaries to oppose a friendly country of Vietnam or a national liberation movement shall be sentenced to between ten years and twenty years
of imprisonment or life imprisonment.
2. Those who work as
mercenaries shall be sentenced to between five years and fifteen years of
imprisonment.
This Code was passed
by the National Assembly of the Socialist Republic of Vietnam, Xth
Legislature, at its 6th session on December 21, 1999.
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NATIONAL ASSEMBLY CHAIRMAN
Nong Duc Manh