Headlines 25/09/2019 09:12 SA

How do we correctly interpret age range expressions like "from, from exactly, under or not yet exactly”

Ms.Thụy Hân

At present, in the Vietnamese legal system, human age is determined to meet the needs of specific law sectors. Although law sectors have different regulations, age definitions and age determination methods are almost the same. Here are some perceptions and definitions about a person’s age range that law enforcers need to know:

1. “…from exactly…”

Article 20. Adults (2015 Civil Code)

1. Adults are persons who are aged from exactly eighteen years (in other words, adults are persons who are eighteen years of age or older).

The phrase “from exactly x years” means the period starting from the xth birthday of that person.

Example: If Mr. Nguyen Van A is born in September 20, 2001, he will be deemed aged exactly 18 years on September 20, 2019 and the expression “from exactly 18 years” will indicate the period following the stated date.

2. “…from…”

By inference from the definition of “…from exactly…", a person aged from x years is the one aged from the date on which he/she is aged exactly x years, plus 01 day.

Example: If Mr. Nguyen Van A is born in September 20, 2001, he will be deemed aged exactly 17 years on September 20, 2018 and the period "from 18 years of age" will indicate September 20, 2018, plus 01 day, which falls on September 21, 2018.

3. “…not yet exactly…”

Article 21. Minors (2015 Civil Code)

1. Minors are persons who are not yet exactly eighteen years of age (in other words, minors are persons who are under eighteen years of age.).

A person “not yet exactly x years of age” means the one not yet celebrating his/her xth birthday.

Example: A person not yet exactly 18 years of age indicates the one not yet celebrating his/her 18th birthday. If Mr. Nguyen Van A is born on September 20, 2001, he will be aged exactly 18 years on September 20, 2019 and will be deemed to be not yet exactly 18 years for the period preceding September 20, 2019.

4. “…under…”

Article 107. Expungement of conviction

1. A person aged under 18 years shall be treated as if he/she does not have a conviction in any of the following circumstances:

a) He/she is aged from exactly 14 years to under 16 years; 

b) He/she aged from exactly 16 years to under 18 years is convicted of a less serious crime, serious crime or an involuntary very serious crime;

In this case, the regulations laid down in the 2015 Criminal Code prescribe that “…under…” is defined as "not yet exactly". 

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