NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 12/2017/QH14
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Hanoi, June 20, 2017
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LAW
ON AMENDMENTS TO THE CRIMINAL CODE
NO. 100/2015/QH13
Pursuant
to Constitution of Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on amendments to the Criminal Code No.
100/2015/QH13.
Article 1. Amendments to Criminal Code No. 100/2015/QH13
1. Article 3 is amended as follows:
a) Point
d Clause 1 Article 3 is amended as follows:
“d)
Criminal offences committed by employment of deceitful methods; in an organized
manner, in a professional manner, or with intent to inflict extremely serious
consequences shall be strictly punished.
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b) Point
d Clause 2 Article 3 is amended as follows:
“d)
Leniency shall be showed towards corporate legal entities that cooperate with
responsible for authorities in discovery of crimes or during the proceeding,
voluntarily compensate for damage they inflict, proactively prevent or
alleviate consequences.”.
2. Article 9 is amended as follows:
“Article
9. Classification of crimes
1. Crimes
defined in this Code are classified into 04 categories according to their
nature and danger to society:
a) Less
serious crime means a crime whose danger to society is not significant and for
which the maximum sentence defined by this Code is a fine, community sentence
(non-custodial), or 03 years' imprisonment;
b)
Serious crime means a crime whose danger to society is significant and for
which the maximum sentence of the bracket defined by this Code is from over 03
years' to 07 years' imprisonment;
c) Very
serious crime means a crime whose danger to society is great and for which the
maximum sentence of the bracket defined by this Code is from over 07 years' to
15 years' imprisonment;
d)
Extremely serious crime means a crime whose danger to society is enormous and
for which the maximum sentence of the bracket defined by this Code is from over
15 years' to 20 years' imprisonment, life imprisonment, or death.
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3. Clause 2 Article 12 is amended as follows:
“2. A
person from 14 years of age to be low 16 years of age shall bear criminal
responsibility for very serious crimes and extremely serious crimes specified
in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173,
178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304
hereof.”.
4. Article 14 is amended as follows:
“Article
14. Preparation for crimes
1.
Preparation for a crime means finding, preparing tools, equipment, or other
conditions for the crime, or establishing, joining a group of criminals, except
in the circumstances specified in Article 109, Point a Clause 2 Article 113, or
Point a Clause 2 Article 299 hereof.
2. A
person who prepares for any of the crimes specified in Articles 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207,
299, 300, 301, 302, 303, 324 hereof shall bear criminal responsibility.
3. A
person from 14 to under 16 years of age who prepares for any of the crimes
specified in Article 123 and Article 168 hereof has to bear criminal
responsibility.”.
5. Article 19 is amended as follows:
“Article
19. Misprision
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2. A person who fails to report the
crime shall not bear criminal responsibility as prescribed in Clause 1 of this
Article if he/she is a grandparent, parent, child, niece/nephew, sibling,
spouse of the offender, except for failure to report the crimes specified in
Chapter XIII hereof or other extremely serious crimes.
3. If
defender of an offender has knowledge of the crime that was committed or
participated in by the person he/she defends while performing the defender's
duties, the defender shall not bear criminal responsibility as prescribed in
Clause 1 of this Article, except for failure to report the crimes specified in
Chapter XIII hereof or other extremely serious crimes.”.
6. Article 51 is amended as follows:
a) Point
s and Point t Clause 1 Article 51 are amended as follows:
“s) The
offender expresses cooperative attitude and/or contrition;
t) the
offender fully cooperates with responsible for authorities in discovery of
crimes or during the investigation;”;
b) Point
x Clause 1 Article 51 is amended as follows:
“x) The
offender is revolutionist, parent, spouse or child of a war martyr or war
veteran.”.
7. Clause 3 Article 54 is amended as follows:
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8. Article 61 is amended as follows:
“Article
61. Non-application of time limit for sentence execution
There are
no time limits for execution of sentences for the crimes specified in Chapter
XIII, Chapter XXVI, Clause 3 and Clause 4 Article 353, Clause 3 and Clause 4
Article 354 hereof.”.
9. Clause 1 and Clause 2 Article 66 are amended as follows:
“1. A
person serving an imprisonment sentence (prisoner) for a serious crime, very
serious crime or extremely serious crime which has been commuted; a person
serving an imprisonment sentence for a less serious crime may be granted parole
when all of the following conditions are satisfied:
a) The
prisoner does not have prior criminal record;
b) The
prisoner shows remarkable improvements;
c) The
prisoner has a fixed residence;
d) The
prisoner has paid fines, legal costs, and civil compensation in full;
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A
prisoner who is a revolutionist, a revolutionist’s relative, wounded soldier,
sick soldier, a person aged 70 or older, a person suffering from a serious
physical disability or extremely serious physical disability, a woman raising a
child under 36 months of age must serve at least one third of determinate
imprisonment or at least 12 years of life imprisonment which is commuted to
determinate imprisonment;
e) The
offence is not committed in any of the circumstances specified in Clause 2 of
this Article.
2. Parole
shall not be granted to:
a) a
person that is convicted of any of the crimes specified in Chapter XIII,
Chapter XXVI, Article 299 hereof; any person sentenced to 10 years'
imprisonment or longer for deliberately committing any of the crimes specified
in Chapter XIV hereof; any person sentenced to 07 years’ imprisonment or longer
for any of the crimes specified in Articles 168, 169, 248, 251 and 252 hereof;
b) any
person sentenced to death and granted commutation or any person in the
circumstance specified in Clause 3 Article 40 hereof.”.
10. Article 71 is amended as follows:
“Article
71. Conviction expungement under a court's decision
1.
Conviction expungement under a court's is granted to people convicted of crimes
specified in Chapter XIII and Chapter XXVI hereof. The court shall decide
whether to grant conviction expungement in consideration of the nature of the crimes
committed, the convicts' obedience to the law and working attitude, and
fulfillment of the conditions specified in Clause 2 of this Article.
2. The
court shall grant conviction expungement if the convict, after serving the
primary sentence or probation period as well as additional sentences and other
decisions of the judgment, does not commit any new crime over the following
periods:
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b) 03
years in case of imprisonment of up to 05 years;
c) 05
years in case of 05 - 15 years' imprisonment;
d) 07
years in case of > 15 years' imprisonment, life imprisonment or death
sentence that is commuted.
If the
convict is serving an additional sentence which is mandatory supervision, prohibition
from residence, or deprivation of certain citizenship rights for a longer
period than that specified in Point a and Point b of this Clause, conviction
expungement shall be considered when he/she finishes serving the additional
sentence.
3. If an
application for conviction expungement is rejected for the first time, it may
only be resubmitted after 01 year from the day on which it is rejected; if the
application for conviction expungement is rejected for the second time, it may
only be resubmitted after 02 years from the day on which it is rejected.
11. Article 76 is amended as follows:
“Article
76. Scope of criminal responsibility of corporate legal entities
A
corporate legal entity shall only bear criminal responsibility for the crimes
specified in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203,
209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242,
243, 244, 245, 246, 300 and 324 hereof.”.
12. Point d Clause 1 Article 84 is amended as follows:
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13. Clause 1 Article 86 is amended as follows:
“1.Primary
punishment:
a) If all
punishments are fines, they shall be aggregated. Fines shall not be combined
with other punishments;
b) If the
punishments imposed include business suspension and permanent shutdown in the
same business line, or permanent shutdown in the same business line, the
combined punishment will be permanent shutdown in such business line;
c) If the
punishments imposed are temporary suspension from the same business line, the
combined punishment will be a suspension whose duration must not exceed 04
years;
d) If the
punishments imposed include a permanent shutdown specified in Clause 2 Article
79 hereof, the combined punishment will be permanent shutdown;
dd) If
the punishments imposed are suspension from various business lines, permanent
shutdown from various business lines or suspension and permanent shutdown in
various business lines, they will not be combined.”.
14. Clause 2 Article 91 is amended as follows:
“2. A
juvenile offender who commits a criminal offence in any of the following
circumstances and has more than one mitigating factors, voluntarily repairs the
most part of the damage caused may be exempt from criminal responsibility and
the measures specified in Section 2 of this Chapter, provided it is not the
case specified in Article 29 hereof:
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b) A
person aged from 14 to under 16 commits a very serious crime specified in
Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134,
141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;
c) The
juvenile offender is an accomplice who has a minor role in the commission of
the criminal offence.”.
15. Clause 1 Article 93 is amended as follows:
“1. A
reprimand shall be issued against a juvenile offender in any the following
circumstances in order to help him/her be aware of his/her criminal act, it
consequences for the community, society, and his/her obligations:
a) An
person aged from 16 to under 18 commits a less serious crime for the first time
in the circumstance specified in Point a Clause 2 Article 91 hereof;
b) A
person aged under 18 is an accomplice who has an insignificant role in the
commission of the crime.”.
16. Article 94 is amended as follows:
a) Clause
1 Article 94 is amended as follows:
“1.
Reconciliation shall be applied to a juvenile offender in any of the following
circumstances:
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b) A
person aged from 14 to under 16 years of age commits a very serious crime in
the circumstance specified in Point b Clause 2 Article 91 hereof.”;
b) Clause 4 below is added to
Article 94:
“4. On a
case-by-case basis, the competent authority shall decide the time to offer
apologies. The time limit for paying damages as prescribed in Point a Clause 3
of this Article and fulfilling the obligations specified in Point b and Point c
Clause 3 Article 93 hereof is 03 – 12 months.”.
17. Article 95 is amended as follows:
a) Clause
1 Article 95 is amended as follows:
“1. The
investigating authority, the procuracy, or the court may apply education in the
commune for 01 to 02 years to a juvenile offender in any of the following
circumstances:
a) A
person aged from 16 to under 18 commits a less serious crime or a serious crime
in the circumstance specified in Point a Clause 2 Article 91 hereof;
b) A
person aged from 14 to under 16 commits a very serious crime specified in Point
b Clause 2 Article 91 hereof.”;
b) Clause
3 Article 95 is amended as follows:
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18. Clause 1 Article 100 is amended as follows:
“1.
Community sentence shall be imposed upon an offender aged from 16 to under 18
who involuntarily commits a very serious crime or commits a less serious crime
or a serious crime, or an offender aged from 14 to under 16 who deliberately
commits a very serious crime.”.
19. Clause 2 Article 107 is amended as follows:
“2. A
person aged from 16 to under 18 who is convicted of a deliberate very serious
crime or an extremely serious crime shall automatically have his/her conviction
expunged if from the day on which the primary sentence is served or from
expiration of the probation or from the expiration of the time limit for
sentence execution, he/she does not commit any new crime for:
a) 06
years in case of a warning, fine, community sentence, or suspended
imprisonment;
b) 01
year in case of imprisonment of up to 05 years;
c) 02
years in case of imprisonment exceeding 05 years but not exceeding 15 years;
d) 03 year
in case of imprisonment exceeding 15 years.”.
20. Article 112 is amended as follows:
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Any
person who engages in armed activities, uses organized force or commits
plundering for the purpose of opposing the people's government shall face the
following penalties:
1. The
organizer or person whose activities cause serious consequences shall face a
penalty of 12 - 20 years' imprisonment, life imprisonment, or death;
2. Any
accomplice shall face a penalty of 05 - 15 years' imprisonment;
3. A
person that prepares for the commission of this offence shall face a penalty of
01 - 05 years' imprisonment.”.
21. Clause 1, Clause 2 and Clause 3 of Article 113 are
amended as follows:
“1. Any
person who, for the purpose of opposing the people's government, infringes upon
life of officials or other people or destroy property of another organization
or individual shall face a penalty of 12 - 20 years' imprisonment, life
imprisonment, or death.
2. This
offence committed in any of the following manners carries a penalty of 10 - 15
years' imprisonment:
a)
Establishing, joining a terrorist organization or an organization sponsoring
terrorism;
b)
Forcing, persuading other people to participate in terrorism; recruiting,
training terrorists; manufacturing, providing weapons for terrorists;
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d)
Attacking, violating, obstructing, disrupting the computer network, telecommunications
network or electronic devices of another organization or individual.
3. The
act of threatening to commit any of the acts specified in Clause 1 of this
Article or intimidating another person carries a penalty of 05 - 10 years'
imprisonment.”.
22. Article 134 is amended as follows:
“Article
134. Deliberate infliction of bodily harm upon another person
1. A
person who deliberately inflicts bodily harm upon another person and causes 11%
- 30% whole person impairment (WPI) or under 11% WPI in any of the following
circumstances shall face a penalty of up to 03 years' community sentence or 06
- 36 months' imprisonment:
a)
Explosive, a dangerous weapon, a dangerous method is used to harm numerous
people;
b) Acid
or a hazardous chemical is used;
c) The victim
is a person aged under 16, a women whose pregnancy is known by the offender, an
old and weak, sick, or defenseless person;
d) The
victim is the offender's grandparent, parent, caregiver, teacher or physician;
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e) The
offender misuses his/her position or power to commit the offence;
g) The
offender commits the crime while being kept in temporary detention, serving an
imprisonment sentence, receiving compulsory education in a reform school,
correctional institution or rehabilitation center;
h) The
offence hires another person or is hired by another person to inflict bodily
harm to another person;
i) The
offence is of a gangster-like nature;
k) The
offence is committed against a law enforcement officer in performance of
his/her official duties or because of his/her official duties.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 06 years' imprisonment:
a) The
offence causes 31% - 60% WPI for another person;
b) The
offence results in bodily harm to more than one person, each of whom suffers
from 11% - 30% WPI;
c) The
offence has been committed more than once;
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dd) The
offence results in bodily harm to another person who suffers from 11% - 30% WPI
in any of the circumstances specified in Point a through k Clause 1 of this
Article.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in ≥ 61% WPI of the victim, except in the circumstances
specified in Point b Clause 4 of this Article;
b) The
offence results in bodily harm to more than one person, each of whom suffers
from 31% - 60% WPI;
c) The
offence results in bodily harm to another person who suffers from 31% - 60% WPI
in any of the circumstances specified in Point a through k Clause 1 of this
Article;
d) The
offence results in bodily harm to more than one person, each of whom suffers
from 11% - 30% WPI in any of the circumstances specified in Point a through k
Clause 1 of this Article.
4. This
offence committed in any of the following circumstances carries a penalty of 07
- 14 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence results in deformation of the victim’s face and the physical disability
inflected is ≥ 61%;
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d) The
offence results in bodily harm to another person who suffers from ≥ 61% WPI in
any of the circumstances specified in Point a through k Clause 1 of this
Article;
dd) The
offence results in bodily harm to more than one person, each of whom suffers
from 31% - 60% WPI in any of the circumstances specified in Point a through k
Clause 1 of this Article.
5. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offence results in the death of more than one person;
b) The
offence results in bodily harm to more than one person, each of whom suffers
from ≥ 61% WPI in any of the circumstances specified in Point a through k
Clause 1 of this Article.
6. Any
person who prepares a weapon, explosive, acid, dangerous chemical; establishes
or joins a group of criminals to inflicts bodily harm upon another person and
shall face a penalty of up to 02 years' community sentence or 03 - 24 months'
imprisonment.”.
23. Clause 1, Clause 2 and Clause 3 of Article 141 are
amended as follows:
“1. Any
person who uses violence or threatens to use violence or takes advantage of the
victim's defenselessness or other tricks to engage in non-consensual sexual
intercourse or other sexual activities shall face a penalty of 02 - 07 years'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
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b) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment;
c) The
offence is committed by more than one person against one person;
d) The
offence has been committed more than once;
dd) The
offence is committed against more than one person;
e) The
offence is of an incestuous nature;
g) The
offence results in the victim's pregnancy;
h) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed as 31% - 60%;
i)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
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b) The
offender commits the offence in the knowledge of his HIV infection;
c) The
offence results in the death or suicide of the victim.”.
24. Clause 2 and Clause 3 Article 142 are amended as
follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 12
– 20 years' imprisonment:
a) The
offence is of an incestuous nature;
b) The
offence results in the victim's pregnancy;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed as 31% - 60%;
d) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment;
dd) The
offence has been committed more than once;
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g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment, life imprisonment or death:
a) The
offence is committed by an organized group;
b) The
offence is committed by more than one person against one person;
c) The
offence is committed against a person under 10;
d) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed as ≥ 61%;
dd) The
offender commits the offence in the knowledge of his HIV infection;
e) The
offence results in the death or suicide of the victim.”.
25. Clause 2 and Clause 3 Article 143 are amended as
follows:
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a) The
offence is committed by more than one person against one person;
b) The
offence has been committed more than once;
c) The
offence is committed against more than one person;
d) The
offence is of an incestuous nature;
dd) The
offence results in the victim's pregnancy;
e) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed as 31% - 60%;
g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 18 years' imprisonment:
a) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed as ≥ 61%;
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c) The
offence results in the death or suicide of the victim.”.
26. Clause 2 and Clause 3 Article 144 are amended as
follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 07
– 15 years' imprisonment:
a) The
offence is of an incestuous nature;
b) The
offence results in the victim's pregnancy;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%;
d) The
offence has been committed more than once;
dd) The
offence is committed against more than one person;
e)
Dangerous recidivism.
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a) The
offence is committed by more than one person against one person;
b) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at ≥ 61%;
c) The
offender commits the offence in the knowledge of his HIV infection;
d) The
offence results in the death or suicide of the victim.”.
27. Clause 1, Clause 2 and Clause 3 of Article 150 are
amended as follows:
“1. Any
person who uses violence, threatens to use violence, deceives or employs other
tricks to commit any of the following acts shall face a penalty of 05 - 10
years' imprisonment:
a)
Transferring or receiving human people for transfer for money, property, or
other financial interests;
b)
Transferring or receiving human people for sexual slavery, coercive labor,
taking body parts, or for other inhuman purposes;
c)
Recruiting, transporting, harboring other people for the commission of any of
the acts specified in Point a or Point b of this Clause.
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a) The
offence is committed by an organized group;
b) The
offence is committed by despicable motives;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%, except in the circumstances specified in
Point b Clause 3 of this Article;
d) The
victim is taken out of Vietnam’s territory;
dd) The
offence is committed against 02 - 05 people;
e) The
offence has been committed more than once;
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence is committed in a professional manner;
b) The
victim's body part has been taken;
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d) The
offence results in the death or suicide of the victim;
dd) The
offence is committed against ≥ 06 people;
e)
Dangerous recidivism.”.
28. Article 151 is amended as follows:
“Article
151. Trafficking of a person under 16
1. A
person who commits any of the following acts shall face a penalty of 07 - 12
years' imprisonment:
a)
Transferring or receiving a person under 16 for transfer for money, property,
or other financial interests, except for humanitarian purposes;
b)
Transferring or receiving a person under 16 for sexual slavery, coercive labor,
taking body parts, or for other inhuman purposes;
c)
Recruiting, transporting, harboring a person under 16 for the commission of any
of the acts specified in Point a or Point b of this Clause.
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b) The
offence involves abuse of the offender's position or power;
b) The
offender commits the offence by taking advantage of child adoption;
c) The
offence is committed against 02 - 05 people;
d) The
offence is committed against a person for whom the offender is responsible for
providing care;
dd) The
victim is taken across the border out of Vietnam;
e) The
offence has been committed more than once;
g) The
offence is committed by despicable motives;
h) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%, except in the circumstances specified in
Point d Clause 3 of this Article.
3. This
offence committed in any of the following circumstances carries a penalty of 18
- 20 years' imprisonment or life imprisonment:
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b) The
offence is committed in a professional manner;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at ≥ 61%;
d) The
victim's body part has been taken;
dd) The
offence results in the death or suicide of the victim;
e) The
offence is committed against ≥ 06 people;
g)
Dangerous recidivism.
4. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, put under mandatory supervision, prohibited from residence,
prohibited from holding certain positions or doing certain jobs for 01 - 05
years or have part or all of his/her property confiscated.”.
29. Clause 2, Clause 3 and Clause 4 of Article 153 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 05
– 10 years' imprisonment:
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b) The
offence involves abuse of the offender's position or power;
c) The
offence is committed against a person for whom the offender is responsible for
providing care;
d) The
offence is committed against 02 - 05 people.
dd) The
offence has been committed more than once;
e) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence is committed in a professional manner;
b) The
offence involves ≥ 06 workers under 16;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at ≥ 61%;
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dd)
Dangerous recidivism.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
30. Clause 1, Clause 2 and Clause 3 of Article 157 are
amended as follows:
“1. Any
person who arrests, detains, or imprisons another person against the law,
except in the circumstances specified in Article 153 and Article 377 hereof,
shall face a penalty of up to 03 years' community sentence or 06 - 36 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence is committed against a law enforcement officer in performance of
his/her official duties;
d) The
offence has been committed more than once;
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e) The
offence is committed against a person under 18, a women whose pregnancy is known
by the offender, an elderly, sick, or defenseless person.
g) The
offence results in extreme financial hardship of the victim or his/her family;
h) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%.
3. This
offence committed in any of the following circumstances shall carry a penalty
of 05 - 12 years' imprisonment:
a) The
offence results in the victim's death or suicide;
b) The
victim is tortured or treated in a brutal and inhuman way, or the victim's
dignity is destroyed;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at ≥ 61%.”.
31. Clause 1 Article 158 is amended as follows:
“1. A
person who commits any of the following acts shall face a penalty of up to 02
years' community sentence or 03 - 24 months' imprisonment:
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b)
Illegally evict a person from his/her home;
c)
Illegally occupying a home or obstructing its lawful residents or managers from
entering their home;
d)
Invading a person’s home.”.
32. Clause 1 and Clause 2 Article 162 are amended as
follows:
“1. A
person who commits any of the following acts and cause serious consequences
shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a
penalty of up to 01 year's community sentence or 03 – 12 months' imprisonment:
a)
Issuing illegal decisions on dismissal of an official;
b) Laying
off a worker against the law;
c)
Forcing or threatening an official or worker to resign.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' imprisonment:
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b) The
offence is committed against a women whose pregnancy is known by the offender;
c) The
offence is committed against a woman raising a child under 12 months of age;
d) The
offence results in the suicide of the person who is illegally laid off or
forced to resign.
dd) The
offence results in other very serious consequences or extremely serious
consequences.”.
33. Clause 2, Clause 3 and Clause 4 of Article 169 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 05
– 12 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
offender uses a dangerous weapon, device, or other dangerous methods to commit
the offence;
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dd) The
offence is committed against more than one person;
e) The
ransom demanded is from VND 50,000,000 to under VND 200,000,000;
g) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 11% - 30%;
h) The
offence has a negative impacts on social safety, order, and security;
i)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 18 years' imprisonment:
a) The
ransom demanded is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at 31% - 60%.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
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b) The
offence results in the death of a person;
c) The
offence results in damage to physical or mental health of the victim and the
victim’s WPI is assessed at ≥ 61%.”.
34. Clause 1, Clause 2, Clause 3 and Clause 4 of Article
173 are amended as follows:
“1. A
person who steals another person's property which is assessed at from VND
2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000
in any of the following circumstances shall face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment:
a) The
offender has incurred an administrative penalty for appropriation of property;
b) The
offender has an unspent conviction for theft or any of the criminal offences
specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;
c) The
offence has negative impacts on social safety, order, and security;
d) The
property stolen is the primary means of livelihood of the victim and the
victim's family;
dd) The
property stolen is a relic.
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a) The
offence is committed by an organized group;
b) The offence
is committed in a professional manner;
c) The
property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;
d) The
offender employs a deceitful method or a dangerous method to commit the
offence;
dd) The
offender attacks other people to escape;
e) The
property stolen is national treasure;
g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
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4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
property stolen is ≥ VND 500,000,000;
b) The
offender takes advantage of a war or state of emergency to commit the
offence.”.
35. Article 175 is amended as follows:
“Article
175. Abuse of trust to appropriate property
1. A
person who commits any of the following acts to obtain another person property
which is assessed at from VND 4,000,000 to under VND 50,000,000, or under VND
4,000,000 while having incurred an administrative penalty for property
appropriation or while having an unspent conviction for this offence or any of
the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290
hereof, or the property obtained is the primary means of livelihood of the
victim or the victim’s family shall face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment:
a) Taking
a loan, borrowing, leasing property of another person or receiving property of
another person under a contract, then uses deception to appropriate it or
refuses to repay the loan or return the property when the repayment or return
of property is due despite he/she is capable of doing so;
b) Taking
a loan, borrowing, leasing property of another person or receiving property of
another person under a contract and then uses it for illegal purposes which
result in the offender's inability to repay the loan or return the property.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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b) The
offence is committed in a professional manner;
c) The
property illegally obtained is assessed at from VND 50,000,000 to under VND
200,000,000;
d) The
offence involves abuse of the offender's position or power or committed in the
name of an agency or organization;
dd) The
offender employs deceitful methods to commit the offence;
e) The
offence has a negative impact on social security, order or safety;
g)
Dangerous recidivism.
3. If the
property illegally obtained is assessed at from VND 200,000,000 to under VND
500,000,000, the offender shall face a penalty of 05 - 12 years' imprisonment.
4. If the
property illegally obtained is assessed at from ≥ VND 500,000,000, the offender
shall face a penalty of 12 - 20 years' imprisonment.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years or have part or all of his/her property confiscated.”.
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“1. Any
person who deliberately destroys another person's property which is assessed at
from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the
following circumstances shall be liable to a fine of from VND 10,000,000 to VND
50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36
months' imprisonment:
a) The
offender incurred an administrative penalty for any of the offences specified
in this Article;
b) The
offender has an unspent conviction for the same offence;
c) The
offence has a negative impacts on social safety, order, and security;
d) The
property destroyed is the primary means of livelihood of the victim and the
victim's family;
dd) The
property destroyed is a souvenir or relic.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;
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d) The
offence is committed using a flammable substance or other dangerous methods;
dd) The
offence is committed to conceal another crime;
e) The
offence is committed because of the victim's official duties;
g)
Dangerous recidivism.
3. If the
property destroyed is assessed at from VND 200,000,000 to under VND
500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.
4. If the
property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a
penalty of 10 - 20 years' imprisonment.”.
37. Article 186 is amended as follows:
“Article
186. Denial or avoidance of obligation to provide support
If a
person who has an obligation to provide support and is capable of providing
support for another person for whom the former is responsible for providing
support as prescribed by law denies or avoids such obligation and such denial
or avoidance results in serious bodily harm of the recipient or does it while
having incurred an administrative penalty for any of the offences specified in
this Article, except in the circumstances specified in Article 380 hereof, the
offender shall receive a warning, face a penalty of up to 02 year's community
sentence or 03 - 24 months' imprisonment.”
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a) Clause
1 Article 188 is amended as follows:
“1. Any
person who illegally conducts deals in goods, Vietnamese currency, foreign
currencies, rare metals, gemstones assessed at from VND 100,000,000 to under
VND 300,000,000 or under VND 100,000,000 in any of the following circumstances
across the border or between a free trade zone and the domestic market shall be
liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of
06 - 36 months' imprisonment:
a) The
offender incurred an administrative penalty for the same offence or any of the
offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200
hereof, or the offender has an unspent conviction for one of the aforementioned
offences;
b) The
exhibit is a relic.”;
b) Clause
6 Article 188 is amended as follows:
“6.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits any of the offences specified in Clause 1
of this Article shall be liable to a fine of from VND 300,000,000 to VND
1,000,000,000 if the illegally transported items are goods, Vietnamese
currency, foreign currencies, rare metals, gemstones assessed at from VND
200,000,000 to under VND 300,000,000, relics assessed at under VND 200,000,000;
or the illegally transported items are goods, Vietnamese currency, foreign
currencies, rare metals, gemstones assessed at from VND 100,000,000 to under
VND 200,000,000 but the offender has incurred an administrative penalty for the
same offence or any of the offences specified in Article 189, 190, 191, 192,
193, 194, 195, 196 and 200 hereof or has an unspent conviction for one of the
aforementioned offences;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, c, d, dd, h, i Clause 2 of this Article shall be
liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to fine of from VND
3,000,000,000 to VND 7,000,000,000;
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dd) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
e) The
violating corporate legal entity might also be liable to a fine of from VND
50,000,000 to VND 300,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
39. Article 189 is amended as follows:
a) Clause
1 Article 189 is amended as follows:
“1. Any
person who illegally conducts deals in goods, Vietnamese currency, foreign
currencies, rare metals, gemstones assessed at from VND 100,000,000 to under
VND 300,000,000 or under VND 100,000,000 across the border or between a free
trade zone and the domestic market in any of the following circumstances shall
be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty
of up to 02 years’ community sentence or a 03 - 24 months' imprisonment:
a) The
offender incurred an administrative penalty for the same offence or any of the
offences specified in Article 188, 190, 191, 192, 193, 194, 195, 196 and 200
hereof, or the offender has an unspent conviction for one of the aforementioned
offences;
b) The
exhibit is a relic.”;
b) Clause
3 Article 189 is amended as follows:
“3. If
the illegal goods are assessed at ≥ VND 500,000,000, the offender shall be
liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a
penalty of 05 - 10 years' imprisonment.”;
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“5.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits any of the offences specified in Clause 1
of this Article shall be liable to a fine of from VND 300,000,000 to VND
500,000,000 if the illegally transported items are goods, Vietnamese currency,
foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to
under VND 200,000,000, relics assessed at under VND 200,000,000; or the
illegally transported items are goods, Vietnamese currency, foreign currencies,
rare metals, gemstones assessed at from VND 100,000,000 to under VND
200,000,000 but the offender has incurred an administrative penalty for the
same offence or any of the offences specified in Article 188, 190, 191, 192,
193, 194, 195, 196 and 200 hereof or has an unspent conviction for one of the
aforementioned offences;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, c, e, g Clause 2 of this Article shall be liable to
fine of from VND 500,000,000 to VND 2,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36
months;
d) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
dd) The
violating corporate legal entity might also be liable to a fine of from VND
50,000,000 to VND 200,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
40. Article 190 is amended as follows:
a) Clause
1, Clause 2 and Clause 3 of Article 190 are amended as follows:
“1. A
person who commits any of the following acts, except in the circumstances
specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306,
309, 311 hereof, shall be liable to a fine of from VND 100,000,000 to VND
1,000,000,000 or face a penalty of 01 - 05 years’ imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b)
Illegally importing from 1,500 to under 3,000 cigarette packs;
c)
Manufacturing or dealing in from 06 kg to under 40 kg of firecrackers;
d)
Manufacturing or dealing in other goods banned from trading and/or using by the
State where the value of goods is from VND 100,000,000 to under VND 300,000,000
or the illegal profit earned is from VND 50,000,000 to under VND 200,000,000;
dd)
Manufacturing or dealing in other goods that have not been permitted in Vietnam
where the value of goods is from VND 200,000,000 to under VND 500,000,000 or
the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;
e)
Manufacturing or dealing in a quantity of illegal goods below the lower limits
mentioned in Points a, b, c, d, dd of this Clause while having incurred an
administrative penalty for the same offence or any of the offences specified in
Articles 188, 189, 191, 192, 193, 194, 195, 196 and 200 hereof or committing
this offence while having an unspent conviction for any of the aforementioned
offences.
2. This
offence committed in any of the following circumstances shall carry a fine of
from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 05 - 10 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence is committed in the name of an agency or organization;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
quantity of agrochemical banned by the State is from 100 kg to under 300 kg or
from 100 liters to under 300 liters;
e) The
quantity of illegally imported cigarettes is from 3,000 to under 4,500 packs;
g) The
quantity of firecrackers is from 40 kg to under 120 kg;
h) The
value of other goods banned from trading and/or using by the State value of
goods is from VND 300,000,000 to under VND 500,000,000 or the illegal profit
earned is from VND 200,000,000 to under VND 500,000,000;
i) The
value of other goods that have not been permitted in Vietnam is from VND
500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND
300,000,000 to under VND 700,000,000;
k)
Trading goods across the border, except for cigarettes;
l)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 08
- 15 years' imprisonment:
a) The
quantity of agrochemical banned by the State is ≥ 300 kg or ≥ 300 liters;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
quantity of firecrackers is ≥ 120 kg;
d) The
value of other goods banned from trading and/or using by the State value of
goods is ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 500,000,000;
dd) The
value of other goods that have not been permitted in Vietnam is ≥ VND
1,000,000,000 or the illegal profit earned is ≥ VND 700,000,000.”;
b) Point
a, Point b and Point c of Clause 5 Article 190 are amended as follows:
“a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 3,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, d, dd, e, g, h, i, k, l Clause 2 of this Article shall
be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36
months;”.
41. Article 191 is amended as follows:
a) Clause
1, Clause 2 and Clause 3 of Article 191 are amended as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
quantity of agrochemicals banned by the State is from 50 kg to under 100 kg or
from 50 liters to under 100 liters;
b) The
quantity of illegally imported cigarettes is from 1,500 to under 3,000 packs;
c) The
quantity of firecrackers is from 06 kg to under 40 kg;
d) The
value of other goods banned from trading and/or using by the State is from VND
100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND
50,000,000 to under VND 200,000,000;
dd) The
value of goods that have not been permitted in Vietnam is from VND 200,000,000
to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000
to under VND 300,000,000;
e) The
quantity of illegal goods is below the lower limits mentioned in Points a, b,
c, d, dd of this Clause but the offender has incurred an administrative penalty
for any of the offences specified in this Article and Articles 188, 189, 190,
192, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of
the aforementioned offences.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
offence is committed in a professional manner;
dd) The
quantity of agrochemical banned by the State is from 100 kg to under 300 kg or
from 100 liters to under 300 liters;
e) The
quantity of illegally imported cigarettes is from 3,000 to under 4,500 packs;
g) The
quantity of firecrackers is from 40 kg to under 120 kg;
h) The
value of other goods banned from trading and/or using by the State value of
goods is from VND 300,000,000 to under VND 500,000,000 or the illegal profit
earned is from VND 200,000,000 to under VND 500,000,000;
i) The
value of other goods that have not been permitted in Vietnam is from VND
500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND
300,000,000 to under VND 700,000,000;
k) Goods
are transported across the border, except for illegally imported cigarettes;
l) Dangerous
recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
quantity of illegally imported cigarettes is ≥ 4,500 packs;
c) The
quantity of firecrackers is ≥ 120 kg;
d) The
value of other goods banned from trading and/or using by the State value of
goods is ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 500,000,000;
dd) The
value of other goods that have not been permitted in Vietnam is ≥ VND
1,000,000,000 or the illegal profit earned is ≥ VND 700,000,000.”;
b) Point
a, Point b and Point c of Clause 5 Article 191 are amended as follows:
“a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
300,000,000 to VND 1,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, d, dd, e, g, h, i, k, l Clause 2 of this Article shall
be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36
months;”.
42. Article 192 is amended as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“1. Any
person who manufactures or deals in counterfeit goods in the following
circumstances, except in the circumstances specified in Article 193, 194 and
195 hereof, shall be liable to a fine of from VND 100,000,000 to VND
1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at from VND 30,000,000
to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred
an administrative penalty for any of the offences specified in this Article and
Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent
conviction for any of the aforementioned offences;
b) The
offence causes 31% - 60% WPI for another person;
c) The
illegal profit reaped is from VND 50,000,000 to under VND 100,000,000;
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
offence involves the abuse of the offender's position or power;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at from VND 150,000,000
to under VND 500,000,000;
e) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
g) The
offence results in the death of a person;
h) The
offence causes ≥ 61% WPI for another person;
i) The
offence causes a total WPI of 61% - 121% for more than one person;
k) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
l) Goods
are traded across the border;
m)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
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b) The
illegal profit earned is ≥ VND 500,000,000;
c) The
offence results in the death of ≥ 02 people;
d) The
offence causes a total WPI of ≥ 122% for more than one person;
dd) The
offence results in property damage assessed at ≥ VND 1,500,000,000.”;
b) Point
a and Point b Clause 5 of Article 192 are amended as follows:
“a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 3,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, dd, e, g, h, i, k, l, m Clause 2 of this Article
shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;”.
43. Article 193 is amended as follows:
a) Clause
2, Clause 3 and Clause 4 of Article 193 are amended as follows:
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a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c)
Dangerous recidivism.
d) The
offence involves the abuse of the offender's position or power;
dd) The
offence is committed in the name of an agency or organization;
e) Goods
are traded across the border;
h) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at from VND 150,000,000
to under VND 500,000,000;
h) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
i) The
offence causes 31% - 60% WPI for another person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at ≥ VND 500,000,000;
b) The
illegal profit earned is from VND 500,000,000 to under VND 1,500,000,000;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to under
VND 1,500,000,000;
d) The
offence results in the death of a person;
dd) The
offence causes ≥ 61% WPI for another person;
e) The
offence causes a total WPI of 61% - 121% for more than one person.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
illegal profit earned is ≥ VND 1,500,000,000;
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c) The
offence results in the death of ≥ 02 people;
d) The
offence causes a total WPI of ≥ 122% for more than one person.”;
b) Clause
6 Article 193 is amended as follows:
“6.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 3,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances specified
in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to
fine of from VND 3,000,000,000 to VND 6,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to fine of from VND
6,000,000,000 to VND 9,000,000,000;
d) A
corporate legal entity that commits this offence in the circumstance specified
in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000
to VND 18,000,000,000 or has its operation suspended for 06 - 36 months;
dd) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
44. Article 194 is amended as follows:
a) Clause
2, Clause 3 and Clause 4 of Article 194 are amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 05
– 12 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c)
Dangerous recidivism.
d) The
offence involves the abuse of the offender's position or power;
dd) The
offence is committed in the name of an agency or organization;
e) Goods
are traded across the border;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
i) The
offence causes 31% - 60% WPI for another person;
k) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at ≥ VND 500,000,000;
b) The
illegal profit earned is from VND 500,000,000 to under VND 2,000,000,000;
c) The
offence results in the death of a person;
d) The
offence causes ≥ 61% WPI for another person;
dd) The
offence causes a total WPI of 61% - 121% for more than one person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment, life imprisonment or death:
a) The
illegal profit earned is ≥ VND 2,000,000,000;
b) The
offence results in the death of ≥ 02 people;
c) The
offence results in bodily harm to ≥ 02 people who suffer from a total physical
disability of ≥ 122%;
d) The
offence results in property damage assessed at ≥ VND 1,500,000,000.";
b) Clause
6 Article 194 is amended as follows:
“6.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 4,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be
liable to fine of from VND 4,000,000,000 to VND 9,000,000,000;
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d) A
corporate legal entity that commits this offence in the circumstance specified
in Clause 4 of this Article shall be liable to a fine of from VND
15,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03
years;
dd) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
e) The
violating corporate legal entity might also be liable to a fine of from VND
100,000,000 to VND 300,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
45. Article 195 is amended as follows:
a) The
title, Clause 1, Clause 2 and Clause 3 of Article 195 are amended as follows:
“Article
195. Manufacturing and trading of counterfeit animal feeds, fertilizers,
veterinary medicines, pesticides, plant varieties, animal breeds
1. Any
person who manufactures or deals in counterfeit animal feeds, fertilizers,
veterinary medicines, pesticides, plant varieties, animal breeds in the
following circumstances shall be liable to a fine of from VND 100,000,000 to
VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at from VND 30,000,000
to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred
an administrative penalty for any of the offences specified in this Article and
Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has an unspent
conviction for any of the aforementioned offences;
b) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
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2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c)
Dangerous recidivism.
d) The
offence involves the abuse of the offender's position or power;
dd) The
offence is committed in the name of an agency or organization;
e) Goods
are traded across the border;
h) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at from VND 150,000,000
to under VND 500,000,000;
h) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
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3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
value of counterfeit goods, according to the value of genuine goods with the
same quantity, specifications or features, is assessed at ≥ VND 500,000,000;
b) The
property damage caused by the offence is assessed at from VND 1,500,000,000 to
under VND 3,000,000,000;
c) The
illegal profit earned is from VND 500,000,000 to under VND 2,000,000,000.”;
b) Clause
6 Article 195 is amended as follows:
“6.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 3,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, c, e, g, h, i Clause 2 of this Article shall be
liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to fine of from VND
6,000,000,000 to VND 9,000,000,000;
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dd) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
e) The
violating corporate legal entity might also be liable to a fine of from VND
100,000,000 to VND 300,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
46. Article 199 is amended as follows:
“Article
199. Offences related to electricity supply
1. Any
person who is responsible and illegally providing, cutting electricity supply,
refusing to supply electricity or delaying solving an electricity breakdown
without legitimate reasons shall be liable to a fine of from VND 30,000,000 to
VND 150,000,000 or face a penalty of up to 02 years community sentence or 03 -
24 months' imprisonment:
a) The
offence causes ≥ 61% WPI for another person;
b) The
offence causes a total WPI of 61% - 121% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 500,000,000;
d) The
offender has incurred an disciplinary penalty administrative penalty for any of
the offences specified in this Article or has an unspent conviction for the
same offence.
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a) The
offence results in the death of a person;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence results in the death of more than one person;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
47. Article 200 is amended as follows:
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“1. Any
person who commits any of the following acts of tax evasion with an amount of
evaded tax from VND 100,000,000 to under VND 300,000,000 or under VND
100,000,000 while having incurred an administrative penalty for tax evasion or
having an unspent conviction for any of the offences specified in Article 188,
189, 190, 191, 192, 193, 194, 195, 196, 202, 250, 251, 253, 254, 304, 305, 306,
309 and 311 hereof shall be liable to a fine of from VND 100,000,000 to VND
500,000,000 or face a penalty of 03 - 12 months' imprisonment:
a)
Failure to submit the application for tax registration; failure to submit the
tax declaration; submitting a tax declaration after 90 days from the deadline
for submitting the tax declaration or after the extended deadline for
submitting the tax declaration as prescribed by law;
b)
Failure to record revenues related to the determination of tax payables in
accounting books;
c) Failure
to issue invoices after selling goods/services or write lower values on
invoices than actual values of goods/services sold;
d) Use
illegal invoices or vouchers to record purchased goods and raw materials that
results in reduction of tax payable or increase exempt, reduced, deductible or
refundable tax;
dd) Use
of other illegal documents to falsify the amount of tax payable or increase
exempt, reduced, deductible or refundable tax;
e) Making
incorrect declaration of exported or imported goods without making an
additional declaration after customs clearance are granted, except in the
circumstances specified in Article 188 and Article 189 hereof;
g)
Failure to declare or to correctly declare taxes on exported or imported goods,
except in the circumstances specified in Article 188 and Article 189 hereof;
h)
Collaborating with the consignor to illegally import goods, except in the
circumstances specified in Article 188 and Article 189 hereof;
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b) Clause
5 Article 200 is amended as follows:
“5.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) Any
corporate legal entity that commits any of the acts of tax evasion specified in
Clause 1 of this Article with an amount of from VND 200,000,000 to under VND
300,000,000 or from VND 100,000,000 to under VND 200,000,000 while having
incurred an administrative penalty for tax evasion or having an unspent
conviction for any of the offences specified in Article 188, 189, 190, 191,
192, 193, 194, 195 and 196 hereof shall be liable to a fine of from VND
300,000,000 to VND 1,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, d and dd Clause 2 of this Article shall be liable to
fine of from VND 1,000,000,000 to VND 3,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 36
months;
d) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
dd) The
violating corporate legal entity might also be liable to a fine of from VND
50,000,000 to VND 200,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
48. The title and Clause 1 Article 206 is amended as
follows:
“Article
206. Offences against regulations of law on banking operations and
banking-related activities
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a)
Extending credit to entities ineligible for credit extension, except for credit
cards;
b)
Extending credits without guarantee or extending credits with preferential
conditions for entities ineligible restricted from credit extension as
prescribed by law;
c)
Violations against regulations on prudential ratios applied to credit
institutions and branches of foreign banks specified in the Law on credit
institutions;
d)
Falsely increasing the value of collateral during valuation to extend credit in
case of secured transactions;
dd)
Violations against regulations on total credit balance applied to entities
restricted from credit extension;
e)
Extending credits beyond the equity to a client and relevant persons, unless
approval is granted by a competent person as prescribed by law;
g)
Violations against regulations on capital contribution, capital contribution
limit, shares purchase, conditions for credit extension;
h)
Issuing, providing, using of illegal payment facilities; forging payment
documents or payment facilities; using fake payment documents or payment
facilities;
i)
Illegally trading in gold or foreign currencies;
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49. Article 213 is amended as follows:
a) Clause
1 Article 213 is amended as follows:
“1. A
person who commits any of the following acts and to illegally obtain an amount
of insurance payout of from VND 20,000,000 to under VND 100,000,000 or causes a
loss of from VND 50,000,000 to under VND 200,000,000, except in the
circumstances specified in Articles 174, 353 and 355 hereof, shall be liable to
a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03
years' community sentence:
a)
Colluding with the insured to receive indemnity or insurance payout against the
law;
b)
Forging documents, falsifying information to reject insurance claims in an
occurrence;
c)
Forging documents, falsifying information in the request for indemnity or
insurance payout;
d)
Causing damage to the offender's property or health to receive insurance
benefits unless otherwise prescribed by law.”;
b) Clause
5 Article 213 is amended as follows:
“5.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
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b) If
this offence is committed in any of the circumstances specified in Points a, b,
dd Clause 2 of this Article or the amount of insurance payout illegally
obtained is from VND 1,000,000,000 to under VND 3,000,000,000 or the damage
inflicted is from VND 2,000,000,000 to under VND 5,000,000,000, the offender
shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;
c) If
this offence is committed in the circumstance specified in Clause 3 of this
Article and the insurance payout illegally obtained is ≥ VND 3,000,000,000 or
the damage inflicted is ≥ VND 5,000,000,000, the offender shall be liable to a
fine of from VND 3,000,000,000 to VND 7,000,000,000;
d) The
corporate legal entity that commits this offence might also be prohibited from
operating in certain fields or raising capital for 01 - 03 years.”.
50. Article 217 is amended as follows:
a) Clause
1 and Clause 2 of Article 217 are amended as follows:
“1. A
person who commits any of the following acts and causes damage assessed at from
VND 1,000,000,000 to under VND 5,000,000,000 for another person or obtains an
illegal profit of from VND 500,000,000 to under VND 3,000,000,000 shall be liable
to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of up
to 02 years' community sentence or 03 – 24 months imprisonment:
a)
Reaching an agreement on preventing another enterprise from participating the
market or developing its business;
b)
Reaching an agreement on eliminating another enterprise which is not a party to
such agreement from the market;
c)
Reaching an agreement on limited competition while the parties to such contract
has a total market share of ≥ 30%, including: agreement on directly or
indirectly pricing goods/services; agreement on division of market,
goods/services supply; agreement on restriction or control of quantity of
goods/services; agreement on restriction on technological development or
investment; agreement on imposition of conditions upon other enterprises for
conclusion of sale contracts or forcing other enterprises to assume obligations
that are not related to the contracts.
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a) The
offence has been committed more than once;
b) The
offence involves the use of deceitful methods;
c) The
offender takes advantage of its dominant position or monopoly on the market;
d) The
illegal profit earned is ≥ VND 3,000,000,000;
dd) The
damage incurred by other enterprises is ≥ VND 5,000,000,000.”;
b) Point
c Clause 4 of Article 217 is amended as follows:
“c) The
violating corporate legal entity might also be liable to a fine of from VND
100,000,000 to VND 500,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.”.
51. Article 217a below is added after Article 217:
“Article
217a. Offences against regulations of law on multi-level marketing
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a) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence;
b) The
illegal profit earned is from VND 200,000,000 to under VND 1,000,000,000;
c) The
offence causes a loss of from VND 500,000,000 to under VND 1,500,000,000 for
another person.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 1,000,000,000 to VND 5,000,000,000 or a penalty of 01 - 05 years'
imprisonment:
a) The
illegal profit earned is ≥ VND 1,000,000,000;
b) The
offence causes a loss of ≥ VND 1,500,000,000 for another person;
c) The
network is participated in by ≥ 100 people.
3. The
offender might also be liable to a fine of from VND 100,000,000 to VND
500,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
52. Article 225 is amended as follows:
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“1. A
person who, without the consent of the holders of copyrights and relevant
rights, deliberately commits any of the following acts which infringe upon
copyrights and relevant rights protected in Vietnam for commercial purpose or
to earn an illegal profit of from VND 50,000,000 to under VND 300,000,000 or
causes a loss of from VND 100,000,000 to under VND 500,000,000 for the holders
of such copyrights and relevant rights, or with the violating goods assessed at
from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from
VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years'
community sentence:
a) Making
copies of works, video recordings or audio recordings;
b) Making
the copies of works, video recordings, audio recordings publicly available.”;
b) Point
a Clause 4 of Article 225 is amended as follows:
“a) Any
corporate legal entity that commits an offence specified in Clause 1 of this
Article for commercial purpose or to earn an illegal profit of from VND
200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000
to under VND 500,000,000 for the holders of such copyrights and relevant
rights, or with the violating goods assessed at from VND 300,000,000 to under
VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND
200,000,000 or causes a loss of from VND 100,000,000 to under VND 300,000,000
for the holders of such copyrights and relevant rights, or with the violating
goods assessed at from VND 100,000,000 to under VND 300,000,000 while having
incurred an administrative penalty for any of the offences specified in this
Article or having an unspent conviction for the same offence shall be liable to
a fine of from VND 300,000,000 to VND 1,000,000,000;”.
53. Article 226 is amended as follows:
a) Clause
1 Article 226 is amended as follows:
“1. A
person who commits infringements upon industrial property rights which involve
counterfeit products using another’s brand name or geographical indication
protected in Vietnam for commercial purpose or to earn an illegal profit of
from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND
200,000,000 to under VND 500,000,000 to the owner of such brand name or
geographical indication, or with the violating goods assessed at from VND
200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND
50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community
sentence.”;
b) Point
a Clause 4 of Article 226 is amended as follows:
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54. Article 227 is amended as follows:
a) The
title, Clause 1 and Clause 2 of Article 227 are amended as follows:
“Article
227. Offences against regulations on survey, exploration and extraction of
resources
1. Any
person who violates regulations of the State on survey, exploration, and
extraction of resources on land, islands, inland waterway, territorial waters,
exclusive economic zones, continental shelves, and airspace of Vietnam without
a license or against the license in any of the following circumstances shall be
liable to a fine of from VND 300,000,000 to VND 1,500,000,000 or face a penalty
of 06 - 36 months' imprisonment:
a) The
illegal profit from the survey, exploration and/or extraction of water
resources, petroleum, or other resources is from VND 100,000,000 to under VND
500,000,000;
b) The
resources extracted are assessed at from VND 500,000,000 to under VND
1,000,000,000;
c) The
offence causes ≥ 61% WPI for another person;
d) The
offence causes a total WPI of 61% - 121% for more than one person;
dd) The
offender incurred an administrative penalty for any of the offences specified
in this Article or has an unspent conviction for the same offence .
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a) The
illegal profit earned from survey, exploration, and extraction of water,
petroleum or other natural resources is ≥ VND 500,000,000;
b) The
resources extracted are assessed at ≥ VND 1,000,000,000;
c) The
offence is committed by an organized group;
d) The
offence results in an environmental emergency;
dd) The offence
results in the death of a person;
e) The
offence causes a total WPI of ≥ 122% for more than one person.”;
b) Point
a Clause 4 of Article 227 is amended as follows:
“a) Any
corporate legal entity that commits an offence specified in Clause 1 of this Article
and earns an illegal profit of from VND 300,000,000 to under VND 500,000,000 or
extracts an amount of resources assessed from VND 700,000,000 to under VND
1,000,000,000 or causes ≥ 61% WPI for another person or causes a total WPI of
61% - 121% for ≥ 02 people; earns an illegal profit of from VND 100,000,000 to
under VND 300,000,000 or extracts an amount of resources assessed from VND
500,000,000 to under VND 700,000,000 while having incurred an administrative
penalty for any of the offences specified in this Article or having an unspent
conviction for the same offence shall be liable to a fine of from VND
1,500,000,000 to VND 3,000,000,000;”.
55. Article 232 is amended as follows:
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“Article
232. Offences against regulations on extraction and protection of forests and
forest products
1. A
person who commits any of the following acts, except in the circumstances
specified in Article 243 hereof, shall be liable to a fine of from VND
50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment:
a)
Illegal logging in a production forest that is a cultivated forest with a
volume of from 20 m3 to under 40 m3 of timber of common
species; from 15 m3 to under 30 m3 of timber of
endangered, rare species in Group IIA;
b)
Illegal logging in a production forest that is a natural forest with a volume
of from 10 m3 to under 20 m3 of timber of common species;
from 07 m3 to under 15 m3 of timber of endangered, rare
species in Group IIA;
c)
Illegal logging in a protection forest that is a cultivated forest with a
volume of from 15 m3 to under 30 m3 of timber of common
species; from 10 m3 to under 20 m3 of timber of
endangered, rare species in Group IIA;
dd)
Illegal logging in a protection forest that is a natural forest with a volume
of from 07 m3 to under 15 m3 of timber of common species;
from 05 m3 to under 10 m3 of timber of endangered, rare
species in Group IIA;
dd)
Illegal logging in a specialized forest that is a cultivated forest with a
volume of from 10 m3 to under 20 m3 of timber of common
species; from 05 m3 to under 10 m3 of timber of
endangered, rare species in Group IIA;
e)
Illegal logging in a specialized forest that is a natural forest with a volume
of from 03 m3 to under 08 m3 of timber of common species;
from 01 m3 to under 03 m3 of timber of endangered, rare
species in Group IIA;
g)
Illegal extraction of non-timber plants in Group IIA assessed at from VND
50,000,000 to under VND 100,000,000; common non-timber plants assessed at from
VND 100,000,000 to under VND 200,000,000;
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i)
Illegal extraction of non-timber plants on the list of endangered species or in
Group IA assessed at from VND 30,000,000 to under VND 60,000,000;
k)
Illegal possession, transport, treatment, trading of from 1.5 m3 to
under 03 m3 of timber of species on the list of endangered species
or in Group IA or alien species in Appendix I of CITES or List of endangered
and rare species; from 10 m3 to under 20 m3 of timber of
species in Group IIA or alien species in Appendix II of CITES; from 20 m3
to under 40 m3 of timber of common species;
l)
Illegal possession, transport, treatment, trading of non-timber plants assessed
at from VND 300,000,000 to under VND 600,000,000;
m)
Illegal extraction, possession, transport, treatment or trading of timber or
non-timber plants whose value is smaller than the lower limits specified in
Point a through l of this Clause while having incurred an administrative penalty
for any of the violations specified in this Article or having an unspent
conviction for the same offence .
2. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 1,500,000,000 or a penalty of 02 - 07 years'
imprisonment:
a)
Illegal logging in a production forest that is a cultivated forest with a
volume of from 40 m3 to under 80 m3 of timber of common
species; from 30 m3 to under 50 m3 of timber of
endangered, rare species in Group IIA;
b)
Illegal logging in a production forest that is a natural forest with a volume
of from 20 m3 to under 40 m3 of timber of common species;
from 15 m3 to under 30 m3 of timber of endangered, rare
species in Group IIA;
c)
Illegal logging in a protection forest that is a cultivated forest with a
volume of from 30 m3 to under 60 m3 of timber of common
species; from 20 m3 to under 40 m3 of timber of
endangered, rare species in Group IIA;
dd)
Illegal logging in a protection forest that is a natural forest with a volume
of from 15 m3 to under 30 m3 of timber of common species;
from 10 m3 to under 20 m3 of timber of endangered, rare
species in Group IIA;
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e)
Illegal logging in a specialized forest that is a natural forest with a volume
of from 08 m3 to under 15 m3 of timber of common species;
from 03 m3 to under 10 m3 of timber of endangered, rare
species in Group IIA;
g)
Illegal extraction of non-timber plants in Group IIA assessed at from VND
100,000,000 to under VND 200,000,000; common non-timber plants assessed at from
VND 200,000,000 to under VND 400,000,000;
h)
Illegal extraction of timber on the list of endangered species or in Group IA
with a volume of from 02 m3 to under 04 m3 in a
production forest; from 1.5 m3 to under 03 m3 in a protection
forest; from 01 m3 to under 02 m3 in a specialized
forest;
i) Illegal
extraction of non-timber plants on the list of endangered species or in Group
IA assessed at from VND 60,000,000 to under VND 120,000,000;
k)
Illegal possession, transport, processing, trading of from 03 m3 to
under 06 m3 of timber of species on the list of endangered species
or in Group IA or alien species in Appendix I of CITES or List of endangered
and rare species; from 20 m3 to under 40 m3 of timber of
species in Group IIA or alien species in Appendix II of CITES; from 40 m3
to under 80 m3 of timber of common species;
l)
Illegal possession, transport, treatment, trading of non-timber plants assessed
at from VND 600,000,000 to under VND 1,200,000,000;
m) The
offence is committed by an organized group;
n)
Illegal goods are transported or traded across the border;
o)
Dangerous recidivism;
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a)
Illegal logging in a production forest that is a cultivated forest with a
volume of ≥ 80 m3 of timber of common species; ≥ 50 m3 of
timber of endangered, rare species in Group IIA;
b)
Illegal logging in a production forest that is a natural forest with a volume
of ≥ 40 m3 of timber of common species; ≥ 30 m3 of timber
of endangered, rare species in Group IIA;
c)
Illegal logging in a protection forest that is a cultivated forest with a
volume of ≥ 60 m3 of timber of common species; ≥ 40 m3 of
timber of endangered, rare species in Group IIA;
dd)
Illegal logging in a protection forest that is a natural forest with a volume
of ≥ 30 m3 of timber of common species; ≥ 20 m3 of timber
of endangered, rare species in Group IIA;
dd)
Illegal logging in a specialized forest that is a cultivated forest with a
volume of ≥ 40 m3 of timber of common species; ≥ 20 m3 of
timber of endangered, rare species in Group IIA;
e)
Illegal logging in a specialized forest that is a natural forest with a volume
of ≥ 15 m3 of timber of common species; ≥ 10 m3 of timber
of endangered, rare species in Group IIA;
g)
Illegal extraction of non-timber plants in Group IIA assessed at ≥ VND
200,000,000; common non-timber plants assessed at ≥ VND 400,000,000;
h)
Illegal extraction of timber on the list of endangered species or in Group IA
with a volume of ≥ 04 m3 in a production forest; ≥ 03 m3
in a protection forest; ≥ 02 m3 in a specialized forest;
i)
Illegal extraction of non-timber plants on the list of endangered species or in
Group IA assessed at ≥ VND 120,000,000;
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l)
Illegal possession, transport, treatment, trading of non-timber plants assessed
at ≥ VND 1,200,000,000.";
b) Point
a, Point b and Point c of Clause 5 Article 232 are amended as follows:
“a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
300,000,000 to VND 1,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 2 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 24
months;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 01 - 03
years;”.
56. Article 233 is amended as follows:
“Article
233. Offences against regulations on forest management
1. A
person who abuses his/her position or power to commits any of the following acts
shall face a penalty of up to 03 years' community sentence or 06 - 36 months'
imprisonment:
a)
Illegal allocation or withdrawal of forest or illegal forest leasing which
involves an area of from 20,000 m2 to under 25,000 m2 of
production forest, from 15,000 m2 to under 20,000 m2 of
protection forest, or from 10,000 m2 to under 15,000 m2
of specialized forest;
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c)
Permitting illegal extraction or transport of forest products in any of the
circumstances specified in Clause 1 Article 232 hereof;
d)
Illegal allocation or withdrawal of forest; illegal forest leasing; permitting
illegal repurposing of forest; permitting illegal extraction or transport of
forest products below the lower limits specified in Point a and Point b of this
Clause and Point a through l Clause 1 Article 232 hereof while having incurred
a disciplinary penalty for any of the offences specified in this Article.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c)
Illegal allocation or withdrawal of forest or illegal forest leasing which
involves an area of from 25,000 m2 to under 40,000 m2 of
production forest, from 20,000 m2 to under 30,000 m2 of
protection forest, or from 15,000 m2 to under 25,000 m2
of specialized forest;
d)
Permitting illegal repurposing of forest which involves an area of from 12,500
m2 to under 17,000 m2 of production forest, from 10,000 m2
to under 15,000 m2 of protection forest, or from 7,500 m2
to under 12,000 m2 of specialized forest;
dd)
Permitting illegal extraction or transport of forest products in any of the
circumstances specified in Point a through l Clause 2 Article 232 hereof.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
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b)
Permitting illegal repurposing of forest or afforestation land which involves
an area of ≥ 17,000 m2 of production forest, ≥ 15,000 m2
of protection forest, or 12,000 m2 of specialized forest;
c)
Permitting illegal extraction or transport of forest products in any of the
circumstances specified in Clause 3 Article 232 hereof.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000 or prohibited from holding certain positions or doing certain works
for 01 - 05 years.”.
57. Article 234 is amended as follows:
a) The
title, Clause 1, Clause 2 and Clause 3 of Article 234 are amended as follows:
“Article
234. Offences against regulations on protection of wild animals
1. A
person who commits any of the following acts, except in the circumstances
specified in Article 242 and Article 244 hereof, shall be liable to a fine of
from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment:
a)
Illegal hunting, killing, raising, imparking, possession, transport, trading of
Group IIB animals or animals in Appendix II of CITES the value of which is
assessed at from VND 150,000,000 to under VND 500,000,000; other common wild
animals assessed at from VND 300,000,000 to under VND 700,000,000 or earning an
illegal profit of from VND 50,000,000 to under VND 200,000,000;
b)
Illegal possession, transport, trading of body parts of products of Group IIB
animals or animals in Appendix II of CITES the value of which is assessed at
from VND 150,000,000 to under VND 500,000,000; of other common wild animals the
value of which is assessed at from VND 300,000,000 to under VND 700,000,000 or
earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;
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2. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence is committed in the name of an agency or organization;
d) The
offence is committed using banned hunting equipment;
dd)
Hunting in a no-hunting area or during a no-hunting period;
e) The
illegal goods are traded or transported across the border;
g) The
value of body parts of products of Group IIB animals or animals in Appendix II
of CITES is assessed at from VND 500,000,000 to under VND 1,000,000,000; the
value of body parts or products of other common wild animals is assessed at
from VND 700,000,000 to under VND 1,500,000,000;
h) The
illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
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3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
value of body parts of products of Group IIB animals or animals in Appendix II
of CITES is assessed at ≥ VND 1,000,000,000; the value of body parts or
products of other common wild animals is assessed at ≥ VND 1,500,000,000;
b) The
illegal profit earned is ≥ VND 500,000,000.”;
b) Point
n Clause 5 of Article 234 is amended as follows:
“b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, d, dd, e, g, h, i Clause 2 of this Article shall be
liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;”.
58. Article 235 is amended as follows:
“Article
235. Causing environmental pollution
1. A
person who commits any of the following acts shall be liable to a fine of from
VND 50,000,000 to VND 500,000,000 or face a penalty of 03 - 24 months’
imprisonment:
a)
Illegally burying, dumping, discharging into the environment from 1,000 kg to
under 3,000 kg of hazardous wastes that contain extremely hazardous
constituents beyond the limits prescribed by law or hazardous wastes in
Appendix A of Stockholm Convention on persistent organic pollutants or from
3,000 kg to under 10,000 kg of other hazardous wastes;
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c)
Discharging into the environment from 500 m3/day to under 5,000 m3/day
of wastewater whose pollution indicators exceed the limits in technical
regulations from 05 to under 10 times or from 300 m3/day to under
500 m3/day of wastewater whose pollution indicators exceed the
limits in technical regulations by ≥ 10 times;
d)
Discharging into the environment ≥ 500 m3/day of wastewater whose
pollution indicators exceed the limits in technical regulations from 03 to
under 05 times or from 300 m3/day to under 500 m3/day of
wastewater whose pollution indicators exceed the limits in technical
regulations from 05 to under 10 times or from 100 m3/day to under
300 m3/day of wastewater whose pollution indicators exceed the
limits in technical regulations by ≥ 10 times while having incurred an
administrative penalty for any of the offences specified in this Article or
having an unspent conviction for the same offence ;
dd)
Discharging into the environment from 150,000 m3/hour to under
300,000 m3/hour of exhaust gas whose pollution indicators exceed the
limits in technical regulations from 05 to under 10 times or from 100,000 m3/hour
to under 150,000 m3/hour of exhaust gas whose pollution indicators
exceed the limits in technical regulations by ≥ 10 times;
e)
Discharging into the environment ≥ 150,000 m3/hour of exhaust gas
whose pollution indicators exceed the limits in technical regulations from 03
to under 05 times or from 100,000 m3/hour to under 150,000 m3/hour
of exhaust gas whose pollution indicators exceed the limits in technical
regulations from 05 to under 10 times or from 50,000 m3/hour to
under 100,000 m3/hour of exhaust gas whose pollution indicators
exceed the limits in technical regulations by ≥ 10 times while having incurred
an administrative penalty for any of the offences specified in this Article or
having an unspent conviction for the same offence ;
g)
Illegally burying, dumping, discharging into the environment from 100,000 kg to
under 200,000 kg of conventional solid wastes or from 70,000 kg to under
100,000 kg of conventional solid wastes while having incurred an administrative
penalty for any of the offences specified in this Article or having an unspent
conviction for the same offence ;
h)
Discharging wastewater; burying, discharging solid waste or releasing exhaust
gas that contain radioactive substances with a radiation dose of from 50
mSv/year to under 200 mSv/year or with a dose rate from 0.0025 mSv/hour to under
0.01 mSv/hour
2. This
offence committed in any of the following circumstances carries a fine of from
VND 500,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years'
imprisonment:
a)
Illegally burying, dumping, discharging into the environment from 3,000 kg to
under 5,000 kg of hazardous wastes that contain extremely hazardous
constituents beyond the limits prescribed by law or hazardous wastes in
Appendix A of Stockholm Convention on persistent organic pollutants or from
10,000 kg to under 50,000 kg of other hazardous wastes;
b)
Discharging into the environment from 5,000 m3/day to under 10,000 m3/day
of wastewater whose pollution indicators exceed the limits in technical
regulations from 05 to under 10 times or from 500 m3/day to under
5,000 m3/day of wastewater whose pollution indicators exceed the
limits in technical regulations by ≥ 10 times;
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d)
Illegally burying, dumping, discharging into the environment from 200,000 kg to
under 500,000 of conventional solid wastes;
dd)
Discharging wastewater; burying, discharging solid waste or releasing exhaust
gas that contain radioactive substances with a radiation dose of from 200
mSv/year to under 400 mSv/year or with a dose rate from 0.01 mSv/hour to under
0.02 mSv/hour;
e) The
offence results in serious consequences.
3. This
offence committed in any of the following circumstances carries a fine of from
VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 03 - 07 years' imprisonment:
a)
Illegally burying, dumping, discharging into the environment ≥ 5,000 kg of
hazardous wastes that contain extremely hazardous constituents beyond the
limits prescribed by law or hazardous wastes in Appendix A of Stockholm
Convention on persistent organic pollutants or ≥ 50,000 kg of other hazardous
wastes;
b)
Discharging into the environment ≥ 10,000 m3/day of wastewater whose
pollution indicators exceed the limits in technical regulations from 05 to
under 10 times or ≥ 5,000 m3/day of wastewater whose pollution
indicators exceed the limits in technical regulations by ≥ 10 times;
c)
Discharging into the environment ≥ 500,000 m3/hour of exhaust gas
whose pollution indicators exceed the limits in technical regulations from 05
to under 10 times or ≥ 300,000 m3/hour of exhaust gas whose
pollution indicators exceed the limits in technical regulations by ≥ 10 times;
d)
Illegally burying, dumping, discharging into the environment ≥ 500,000 kg of
conventional solid wastes;
dd)
Discharging wastewater; burying, discharging solid waste or releasing exhaust
gas that contain radioactive substances with a radiation dose of ≥ 400 mSv/year
or with a dose rate of ≥ 0.02 mSv/hour;
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4. The
offender might also be liable to a fine of from VND 30,000,000 to VND
200,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.
5.
Punishments incurred by a corporate legal entity that commits any of the offences
specified in this Article:
a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 7,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 2 of this Article shall be liable to a fine of from VND
7,000,000,000 to VND 12,000,000,000 or has its operation suspended for 06 - 24
months;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
12,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03
years;
d) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
dd) The
violating corporate legal entity might also be liable to a fine of from VND
1,000,000,000 to VND 5,000,000,000, prohibited from operating in certain fields
for 01 - 03 years.”.
59. Article 237 is amended as follows:
a) Clause
1, Clause 2 and Clause 3 of Article 237 are amended as follows:
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a)
Violations against regulations on prevention of environmental emergencies that
lead to an environmental emergency;
b)
Violations against regulations on response to environmental emergencies and
environmental remediation that lead to serious environmental pollution or
causes ≥ 61% WPI for another person or causes a total WPI of 61% - 121% for ≥
02 people or causes damage assessed at from VND 1,000,000,000 to under VND 3,000,000,000.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years'
imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
damage caused by the offence is assessed at from VND 3,000,000,000 to under VND
7,000,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of more than one person;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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b) Point
c Clause 5 of Article 237 is amended as follows:
“c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
5,000,000,000 to VND 10,000,000,000 or has its operation suspended for 01 - 03
years;”.
60. Article 238 is amended as follows:
a) Clause
1, Clause 2 and Clause 3 of Article 238 are amended as follows:
“1. A
person who commits any of the following acts which causes ≥ 61% WPI for another
person or causes a total WPI of 61% - 121% for ≥ 02 people or causes damage
assessed at from VND 100,000,000 to under VND 300,000,000, except in the
circumstances specified in Article 303 hereof, shall be liable to a fine of
from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years'
community sentence or 03 - 24 months' imprisonment:
a)
Illegally building houses or works within the perimeter of irrigation works,
dykes or and disaster protection works;
b)
Damaging irrigation works, dykes, and disaster protection works; works for
protection, extraction, monitoring of water resources, works for protection and
relief from harmful effects of water;
c)
Illegally drilling, surveying, extracting soil, stones, sand, gravel, minerals,
groundwater;
d) Using
explosives, causing explosion or fire within the perimeter of irrigation works,
dykes, and disaster protection works, works for protection, extraction,
monitoring of water resources, works for protection and relief from harmful
effects of water, unless there is a license or in an emergency prescribed by
law;
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2. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence results in the death of a person;
d) The
offence causes a total WPI of 122% - 200% for more than one person;
dd) The
damage caused by the offence is assessed at from VND 300,000,000 to under VND
1,000,000,000;
e)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of more than one person;
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c) The
offence causes damage assessed at ≥ VND 1,000,000,000.”;
b) Point
c Clause 5 of Article 238 is amended as follows:
“c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 01 - 03
years;”.
61. Article 239 is amended as follows:
a) Clause
1, Clause 2 and Clause 3 of Article 239 are amended as follows:
“1. A
person who illegally brings wastes into Vietnam’s territory in any of the
following circumstances shall be liable to a fine of from VND 200,000,000 to
VND 1,000,000,000 or face a penalty of up to 03 years' community sentence or 06
- 36 months' imprisonment:
a)
Bringing from 1,000 kg to under 3,000 kg of hazardous wastes that contain
extremely hazardous constituents beyond the limits prescribed by law or
hazardous wastes in Appendix A of Stockholm Convention on persistent organic
pollutants or from 3,000 kg to under 10,000 kg of other hazardous wastes into
Vietnam’s territory;
b)
Bringing from 70,000 kg to under 170,000 kg of other wastes into Vietnam’s
territory.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 1,000,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years'
imprisonment:
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b)
Bringing from 3,000 kg to under 5,000 kg of hazardous wastes that contain
extremely hazardous constituents beyond the limits prescribed by law or
hazardous wastes in Appendix A of Stockholm Convention on persistent organic
pollutants or from 10,000 kg to under 50,000 kg of other hazardous wastes into
Vietnam’s territory;
c)
Bringing from 170,000 kg to under 300,000 kg of other wastes into Vietnam’s
territory.
3. This
offence committed in any of the following circumstances carries a fine of from
VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 05 - 10 years'
imprisonment:
a)
Bringing ≥ 5,000 kg of hazardous wastes that contain extremely hazardous
constituents beyond the limits prescribed by law or hazardous wastes in
Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50,000
kg of other hazardous wastes into Vietnam’s territory;
b) Bringing
≥ 300,000 kg of other wastes into Vietnam’s territory.”;
b) Point
b and Point c Clause 5 of Article 239 are amended as follows:
“b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 2 of this Article shall be liable to a fine of from VND
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 12
months;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 01 - 03
years;”.
62. Clause 1, Clause 2 and Clause 3 of Article 242 are
amended as follows:
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a) Using
poisons, explosives, chemicals, electricity or banned fishing for fishing or
destructing aquatic resources;
b)
Fishing in a banned area or a temporarily banned area as prescribed by law;
c)
Extracting species banned from fishing, except in the circumstances specified
in Article 244 hereof;
d)
Destroying the habitat of aquatic species on the list of endangered species;
dd) The
offence causes ≥ 61% WPI for another person;
e) The
offence causes a total WPI of 61% - 121% for more than one person;
g)
Violations against other regulations of law on protection of aquatic resources.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 05 years'
imprisonment:
a) The
offence causes a loss of aquatic resources assessed at from VND 500,000,000 to
under VND 1,500,000,000 the a quantity of aquatic products extracted is
assessed at from VND 200,000,000 to under VND 500,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence causes a total WPI of 122% - 200% for more than one person.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence causes a loss of aquatic resources assessed at ≥ VND 1,500,000,00, or
the extracted quantity of aquatic products is assessed at ≥ VND 500,000,000;
b) The
offence results in the death of ≥ 02 people;
c) The
offence causes a total WPI of 201% for ≥ 03 people.”.
63. Article 243 is amended as follows:
a) Clauses 1, 2, 3 of Article 243
are amended as follows:
“1. Any
person who sets fire to or destroys forests or otherwise inflicts damage to
forests in any of the following circumstances shall be liable to a fine of from
VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years'
community sentence or 01 - 05 years’ imprisonment:
a) The
offence involves an area of from 30,000 m2 to under 50,000 m2
of immature forests or contained cultivation site;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence involves an area of from over 3,000 m2 to under 7,000 m2
of protection forest;
d) The
offence involves an area of from 1,000 m2 to under 3,000 m2
of specialized forest;
dd) The
offence causes a loss of forest products assessed at from VND 50,000,000 to
under VND 100,000,000 in case it is not possible to determine the area of destroyed
forest;
e) The
offence involves plants on the list of endangered species or plants in Group IA
assessed at from VND 20,000,000 to under VND 60,000,000; plants in Group IIA
assessed at from VND 40,000,000 to under VND 100,000,000;
g) The
destroyed forest area or volume of forest products is below the levels
specified in Point a through e Clause 1 of this Article but the offender has
incurred an administrative penalty for any of the offence specified in this
Article or has an unspent conviction for the same offence .
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in the name of an agency or organization;
c) Dangerous
recidivism.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence involves an area of from over 10,000 m2 to under 50,000 m2
of production forest;
e) The
offence involves an area of from over 7,000 m2 to under 10,000 m2
of protection forest;
g) The
offence involves an area of from over 3,000 m2 to under 5,000 m2
of specialized forest;
h) The
offence causes a loss of forest products assessed at from VND 100,000,000 to
under VND 200,000,000 in case it is not possible to determine the area of
destroyed forest;
i) The
offence involves plants on the list of endangered species or plants in Group IA
assessed at from VND 60,000,000 to under VND 100,000,000; plants in Group IIA
assessed at from VND 100,000,000 to under VND 200,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
The
offence involves an area of ≥ 100,000 m2 of immature forests or
contained cultivation site;
b) The
offence involves an area of ≥ 50,000 m2 of production forest;
c) The
offence involves an area of ≥ 10,000 m2 of protection forest;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence causes a loss of forest products assessed at ≥ VND 200,000,000 in case
it is not possible to determine the area of destroyed forest;
e) The
offence involves plants on the list of endangered species or plants in Group IA
assessed at from ≥ VND 100,000,000; plants in Group IIA assessed at ≥ VND
200,000,000.”;
b) Point
n Clause 5 of Article 243 is amended as follows:
“b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, c, d, dd, e, g, h, i Clause 2 of this Article shall be
liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;”.
64. Article 244 is amended as follows:
a) The
title, Clause 1, Clause 2 and Clause 3 of Article 244 are amended as follows:
“Article
244. Offences against regulations on protection of endangered and rare animals
1. Any
person who violates regulations on protection of animals on the List of
endangered and rare species; animals in Group IB or in Appendix I of CITES in
any of the following circumstances shall be liable to a fine of from VND
500,000,000 to VND 2,000,000,000 or face a penalty of 01 - 05 years'
imprisonment:
a)
Illegal hunting, killing, imparking, transport, trading of animals on the list
of endangered and rare species;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) An
offence that involves from 02 kg to under 20 kg of elephant tusks; from 0.05 kg
to under 01 kg of rhino horns;
d)
Illegal hunting, killing, raising, imparking, transport, trading of Group IB
animals or animals in Appendix I of CITES other than those specified in Point a
of this Clause involving 03 - 07 individuals of class mammalia, 07- 10
individuals of class aves or class reptilia or 10 - 15 individuals of other
classes;
dd)
Illegal possession, transport, trading of 03 - 07 individuals of class mammalia
or vital body parts thereof, 07 - 10 individuals of class aves or class
reptilia or vital body parts thereof, or 10 -15 individuals of other classes
specified in Point d of this Clause or vital body parts thereof;
e)
Illegal hunting, killing, raising, imparking, transport, trading of animals;
illegal possession, transport, trading of animals, vital body parts or products
thereof below the lower limit specified in Point c through dd of his Clause
while having incurred an administrative penalty for any of the offences
specified in this Article or having an unspent conviction for the same offence
.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence involves 03 - 07 individuals of class mammalia or vital body parts
thereof, 07 - 10 individuals of class aves or class reptilia or vital body
parts thereof, or 10 -15 individuals of other classes or vital body parts
thereof in the circumstance specified in Point a Clause 1 of this Article;
b) The
offence involves 08 - 11 individuals of class mammalia or vital body parts
thereof, 11 - 15 individuals of class aves or class reptilia or vital body
parts thereof, or 16 -20 individuals of other classes or vital body parts
thereof in the circumstance specified in Point d Clause 1 of this Article;
c) The
offence involves 01 - 02 elephants or vital body parts thereof; 03 - 05 bears,
tigers or vital body parts thereof;
d) An
offence that involves from 20 kg to under 90 kg of elephant tusks; from 01 kg
to under 09 kg of rhino horns;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence is committed in the name of an agency or organization;
g) The
offence is committed using banned hunting equipment;
h)
Hunting in a no-hunting area or during a no-hunting period;
i) The
illegal goods are traded or transported across the border;
k)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence involves ≥ 08 individuals of class mammalia or vital body parts
thereof, ≥ 11 individuals of class aves or class reptilia or vital body parts
thereof, or ≥ 16 individuals of other classes or vital body parts thereof in
the circumstance specified in Point a Clause 1 of this Article;
b) The
offence involves ≥ 12 individuals of class mammalia or vital body parts
thereof, ≥ 16 individuals of class aves or class reptilia or vital body parts
thereof, or ≥ 21 individuals of other classes or vital body parts thereof in
the circumstance specified in Point d Clause 1 of this Article;
c) The
offence involves ≥ 03 elephants or vital body parts thereof; ≥ 06 bears, tigers
or vital body parts thereof;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Point
n Clause 5 of Article 244 is amended as follows:
“b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, b, c, d, dd, g, h, i, k Clause 2 of this Article shall
be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;”.
65. Clause 2, Clause 3 and Clause 4 of Article 248 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 07
– 15 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence is committed in the name of an agency or organization;
dd) The
offence involves a quantity of from 500 g to under 01 kg of opium poppy resin,
cannabis resin, or coca glue;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves a quantity of from 20 g to under 100 g of other solid narcotic
substances;
h) The
offence involves a quantity of from 100 ml under 200 ml of other liquid
narcotic substances;
i)
Dangerous recidivism;
k) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point dd through
h of this Clause.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
offence is committed in a professional manner;
b) The
offence involves a quantity of from 01 kg to under 05 kg of opium poppy resin,
cannabis resin, or coca glue;
c) The
offence involves a quantity of from 30 g to under 100 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
d) The
offence involves a quantity of from 100 g to under 300 g of other solid
narcotic substances;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point b through
dd of this Clause.
4. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment, life imprisonment or death:
a) The
offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca
glue;
b) The
offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine,
amphetamine, MDMA or XLR-11;
c) The
offence involves a quantity of ≥ 300 g of other solid narcotic substances;
d) The
offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
dd) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
d of this Clause.”.
66. Clause 1, Clause 2, Clause 3 and Clause 4 of Article
249 are amended as follows:
“1. Any
person who possesses narcotic substances for purposes other than trading,
transporting, or manufacturing narcotic substances in any of the following
circumstances shall face a penalty of 01 - 05 years' imprisonment:
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b) The
offence involves a quantity of from 01 g to under 500 g of poppy resin,
cannabis resin, or coca glue;
c) The
offence involves a quantity of from 0.1 g to under 05 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
d) The
offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
dd) The
offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy
fruits;
e) The
offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy
fruits;
g) The
offence involves a quantity of from 01 g to under 20 g of other solid narcotic
substances;
h) The
offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic
substances;
i) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point b through
h of this Clause.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
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b) The
offence has been committed more than once;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence is committed in the name of an agency or organization;
dd) The
offence involves employment of a person under 16 for commission of the offence;
e) The
offence involves a quantity of from 500 g to under 01 kg of poppy resin,
cannabis resin, or coca glue;
g) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
h) The
offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
i) The
offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy
fruits;
k) The
offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy
fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
m) The
offence involves a quantity of from 100 ml under 250 ml of other liquid
narcotic substances;
n) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point e through
m of this Clause.
o)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence involves a quantity of from 01 kg to under 05 kg of poppy resin,
cannabis resin, or coca glue;
b) The
offence involves a quantity of from 30 g to under 100 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
c) The
offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
d) The
offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy
fruits;
dd) The
offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy
fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves a quantity of from 250 ml under 750 ml of other liquid
narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca
glue;
b) The
offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine,
amphetamine, MDMA or XLR-11;
c) The
offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves);
leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts
of other plants that contain narcotic substances prescribed by the Government;
d) The
offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The
offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The
offence involves a quantity of ≥ 300 g of other solid narcotic substances;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.”.
67. Clause 1, Clause 2, Clause 3 and Clause 4 of Article
250 are amended as follows:
“1. Any
person who illegally transport narcotic substances for purposes other than
production, trading, possession of narcotic substances in any of the following
circumstances shall face a penalty of 02 - 07 years' imprisonment:
a) The
offender incurred an administrative penalty for any of the offences specified in
this Article or has an unspent conviction for any of the offences specified in
Article 248, 249, 251 and 252 hereof ;
b) The
offence involves a quantity of from 01 g to under 500 g of poppy resin,
cannabis resin, or coca glue;
c) The
offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
d) The
offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
dd) The
offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy
fruits;
e) The
offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy
fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic
substances;
i) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point b through
h of this Clause.
2. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence is committed in the name of an agency or organization;
dd) The
offence involves employment of a person under 16 for commission of the offence;
e) The
offence is committed across the border;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
i) The
offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
k) The
offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy
fruits;
l) The
offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy
fruits;
m) The
offence involves a quantity of from 20 g to under 100 g of other solid narcotic
substances;
n) The
offence involves a quantity of from 100 ml under 250 ml of other liquid
narcotic substances;
o) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point g through
n of this Clause.
p)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine,
amphetamine, MDMA or XLR-11;
c) The
offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
d) The
offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy
fruits;
dd) The
offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy
fruits;
e) The
offence involves a quantity of from 100 g to under 300 g of other solid
narcotic substances;
g) The
offence involves a quantity of from 250 ml under 750 ml of other liquid
narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.
4. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment, life imprisonment or death:
a) The
offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca
glue;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves);
leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts
of other plants that contain narcotic substances prescribed by the Government;
d) The
offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The
offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The
offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The
offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.”.
68. Clause 2, Clause 3 and Clause 4 of Article 251 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 07
– 15 years' imprisonment:
a) The
offence is committed by an organized group;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence is committed against more than one person;
d) The
offence involves the abuse of the offender's position or power;
dd) The
offence is committed in the name of an agency or organization;
e) The
offence involves employment of a person under 16 for commission of the offence;
g) The
offence is committed across the border;
h) The
offence involves a quantity of from 500 g to under 01 kg of poppy resin,
cannabis resin, or coca glue;
i) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
k) The
offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
k) The
offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy
fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) The
offence involves a quantity of from 20 g to under 100 g of other solid narcotic
substances;
o) The
offence involves a quantity of from 100 ml under 250 ml of other liquid
narcotic substances;
p) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point h through
o of this Clause;
q)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
offence involves a quantity of from 01 kg to under 05 kg of poppy resin,
cannabis resin, or coca glue;
b) The
offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine,
amphetamine, MDMA or XLR-11;
c) The
offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
d) The
offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy
fruits;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence involves a quantity of from 100 g to under 300 g of other solid
narcotic substances;
g) The
offence involves a quantity of from 250 ml under 750 ml of other liquid
narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.
4. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment, life imprisonment or death:
a) The
offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca
glue;
b) The
offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine,
amphetamine, MDMA or XLR-11;
c) The
offence involves ≥ 75 kg of coca leaves (Catha edulis leaves); leaves, roots,
stalks, branches, flowers, fruits of the cannabis plant or parts of other
plants that contain narcotic substances prescribed by the Government;
d) The
offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The
offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.”.
69. Clause 1, Clause 2, Clause 3 and Clause 4 of Article
252 are amended as follows:
"1.
Any person who appropriates narcotic substances in any shape or form in any of
the following circumstances shall face a penalty of 01 - 05 years'
imprisonment:
a) The
offender incurred an administrative penalty for any of the offences specified
in this Article or has an unspent conviction for any of the offences specified
in Article 248, 249, 250 and 251 hereof ;
b) The
offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis
resin, or coca glue;
c) The
offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
d) The
offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
dd) The
offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy
fruits;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves a quantity of from 01 g to under 20 g of other solid narcotic
substances;
h) The
offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic
substances;
i) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point b through
h of this Clause.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence is committed in the name of an agency or organization;
dd) The
offence involves employment of a person under 16 for commission of the offence;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
h) The
offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis
plant or parts of other plants that contain narcotic substances prescribed by
the Government;
i) The
offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy
fruits;
k) The
offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy
fruits;
l) The
offence involves a quantity of from 20 g to under 100 g of other solid narcotic
substances;
m) The
offence involves a quantity of from 100 ml under 250 ml of other liquid
narcotic substances;
n) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point e through
m of this Clause.
o)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence involves a quantity of from 30 g to under 100 g of heroin, cocaine,
methamphetamine, amphetamine, MDMA or XLR-11;
c) The
offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha
edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the
cannabis plant or parts of other plants that contain narcotic substances
prescribed by the Government;
d) The
offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy
fruits;
dd) The
offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy
fruits;
e) The
offence involves a quantity of from 100 g to under 300 g of other solid
narcotic substances;
g) The
offence involves a quantity of from 250 ml under 750 ml of other liquid
narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca
glue;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves);
leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts
of other plants that contain narcotic substances prescribed by the Government;
d) The
offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The
offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The
offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The
offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The
offence involves ≥ 02 narcotic substances the total quantity of which is
equivalent to the quantity of narcotic substances specified in Point a through
g of this Clause.”.
70. Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of
Article 253 are amended as follows:
“1. Any
person who possesses, transports, deals in or appropriates precursors for
illegal manufacturing of narcotic substances in any of the following
circumstances shall face a penalty of 01 - 06 years' imprisonment:
a) The
offender incurred an administrative penalty for any of the offences specified
in this Article or has an unspent conviction for the same offence ;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence involves a quantity of from 75 ml under 300 ml of liquid precursors.
2. This
offence committed in any of the following circumstances carries a penalty of 06
- 13 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence is committed in the name of an agency or organization;
dd) The
offence involves a quantity of from 200 g to under 500 g of solid precursors;
e) The
offence involves a quantity of from 300 ml under 750 ml of liquid precursors;
g) The
offence involves employment of a person under 16 for commission of the offence;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 13
- 20 years' imprisonment:
a) The
offence involves a quantity of from 500 g to under 1,200 g of solid precursors;
b) The
offence involves a quantity of from 750 ml under 1,800 ml of liquid precursors.
4. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment or life imprisonment:
a) The
offence involves a quantity of ≥ 1,200 g of solid precursors;
b) The
offence involves a quantity of ≥ 1,800 ml of liquid precursors.
5. If the
offence involves both solid precursors and liquid precursors, their quantities
shall be converted as follows: 01 g of a solid precursor is equivalent to 1.5
ml of a liquid precursor. The offender will be prosecuted accordingly.
71. The title and Clause 1 Article 259 is amended as
follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A
person who is responsible for management of narcotic substances, precursors,
narcotic drugs or psychotropic drugs and commits any of the following acts
despite the fact that he/she has incurred a disciplinary penalty or
administrative penalty for any of the offences specified in this Article or has
an unspent conviction for any of the offences specified in Chapter XX hereof
shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a
penalty of 01 - 05 years' imprisonment:
a)
Violations against regulations on export, import, temporary import, transit of
narcotic substances, precursors, narcotic drug or psychotropic drug;
b)
Violations against regulations on research, analysis, manufacturing, storage of
narcotic substances, precursors, narcotic drugs or psychotropic drugs;
c)
Violations against regulations on delivery, transport of narcotic substances,
precursors, narcotic drugs or psychotropic drugs;
d)
Violations against regulations on distribution, trading, use, exchange of
narcotic substances, precursors, narcotic drugs or psychotropic drugs;
dd)
Violations against regulations on management, control, storage of narcotic
substances, precursors, narcotic drugs or psychotropic drugs in the border
checkpoint area or at sea;
e)
Violations against regulations on dispensing and granting permission to use
narcotic substances, precursors, narcotic drugs or psychotropic drugs.”.
72. Article 260 is amended as follows:
“Article
260. Road traffic offences
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender does not have a driving license as prescribed;
b) The
offender is under the influence of alcohol and with blood or breath alcohol
content above the limit, or under the influence of drugs or other strong
stimulants;
c) The
offender leaves the site after causing the accident to evade responsibility or
refuses to help the victim;
d) The
offender fails to comply with the traffic controller's commands;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence causes a total WPI of 122% - 200% for more than one person;
g) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If a
road traffic offence that is likely to have any of the consequences mentioned
in Point a, b, c Clause 3 of this Article is not promptly prevented, the
offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or
face a penalty of up to 01 year's community sentence or 03 - 12 months'
imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
73. Article 261 is amended as follows:
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any
person who illegally digs, drills, cuts, buries road traffic works; illegally
places or spills materials, wastes, garbage, slippery substances, sharp items,
or other obstacles that obstruct road traffic; illegally removes, moves,
blocks, or destroys road signs, traffic lights, milestones, road mirrors, median
strip, or other road safety equipment; opens illegal crossing; illegally uses
sidewalks, carriageway; illegally uses road safety corridors or commits
violations against regulations on road traffic safety during construction on
public roads and causes damage for another person in any of the following
circumstances shall be liable to a fine of from VND 30,000,000 to VND
100,000,000, up to 03 years' community sentence or 06 - 36 months'
imprisonment:
a) The
offence results in the death of a person;
b) The offence
causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonment:
a) The
offence is committed on a mountain pass, freeway or dangerous road;
b) The
offence results in the death of 02 people;
c) The
offence causes a total WPI of 122% - 200% for more than one person.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If the
act of obstruction of road traffic that is likely to have any of the
consequences mentioned in Point a, b, c Clause 3 of this Article is not
promptly prevented, the offender shall be liable to a fine of from VND
5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community
sentence.”.
74. Article 262 is amended as follows:
"Article 262. Allowing the use of unroadworthy road
vehicles or heavy-duty vehicles
1. Any
person who is responsible for operation or operating conditions of vehicles but
allows the use of unroadworthy road vehicles or heavy-duty vehicles and causes
damage for another person in any of the following circumstances shall be liable
to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to
03 years' community sentence or 06 - 36 months' imprisonment:
a) The
offence results in the death of a person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
75. Article 263 is amended as follows:
“Article 263. Requesting an unqualified person to operate a
vehicle on public roads
1. Any
person who makes use of his/her power to request another person to operate a vehicle
on public roads in the knowledge that he/she does not have a driver license,
does not have capable health, has not reached the driving age, is under the
influence of alcohol with blood or breath alcohol content above the limit,
under the influence of drugs or other strong stimulants and as a results causes
damage for another person in any of the following circumstances shall be liable
to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to
03 years' community sentence or 01 - 03 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
30,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
76. Article 264 is amended as follows:
“Article
264. Allowing an unqualified person to operate a vehicle on public roads
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances shall carry a fine of
from VND 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months'
imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.”.
77. Article 265 is amended as follows:
“Article
265. Organizing illegal street races
1. Any
person who illegally organizes a street race which involves automobiles,
motorbikes or other motor vehicles shall be liable to a fine of from VND
30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community
sentence or 01 - 05 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 100,000,000 to VND 500,000,000 or a penalty of 04 - 10 years' imprisonment:
a) The
street race is participated by ≥ 10 vehicles at the same time or the offender
organizes ≥ 02 street races at the same time;
b) The
street race involves betting;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
street race is held in a crowded area;
dd)
Safety equipment is removed from the racing vehicles;
e) The
offence results in the death of a person;
g) The
offence causes ≥ 61% WPI for another person;
h) The
offence causes a total WPI of 61% - 121% for more than one person;
i) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
k) This
offence or street racing is recommitted.
3. This
offence committed in any of the following circumstances carries a penalty of 08
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
d)
Dangerous recidivism.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.”.
78. Article 266 is amended as follows:
“Article
266. Illegal street racing
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence causes 31% - 60% WPI for another person;
b) The
property damage caused by the offence is assessed at from VND 50,000,000 to
under VND 100,000,000.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 50,000,000 to VND 150,000,000 or a penalty of 03 - 10 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
dd) The
offender leaves the site after causing the accident to evade responsibility or
refuses to help the victim;
e) The
offender participates in betting;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
street race is held in a crowded area;
i) Safety
equipment is removed from the racing vehicles;
k)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.”.
79. Article 267 is amended as follows:
“Article
267. Offences against regulations on control of railway vehicles
1. The
commander or operator of a railway vehicle who violates regulations on railway
safety and causes damage for another person in any of the following circumstances
shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a
penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offender does not have a license, qualification or certificate suitable for
his/her duties;
b) The
offender is under the influence of alcohol with blood or breath alcohol content
above the limit, or under the influence of drugs or other strong stimulants;
c) The
offender leaves the site after causing the accident to evade responsibility or
refuses to help the victim;
d) The
offender fails to comply with the commands of the commander or person in charge
of railway safety;
dd) The
offence results in the death of 02 people;
e) The
offence causes a total WPI of 122% - 200% for more than one person;
g) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If an
offence against rail transport regulations is likely to have any of the
consequences mentioned in Point a, b, c Clause 3 of this Article is not
promptly prevented, the offender shall be liable to a fine of from VND
10,000,000 to VND 50,000,000 or face a penalty of up to 02 year's community
sentence or 03 - 12 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
80. Article 268 is amended as follows:
“Article
268. Obstruction of rail traffic
1. Any
person who places obstacles on the railway; moves the rail or sleepers;
illegally drills, digs, cuts the railway ground, opens crossing, builds drains
or other illegal works across the railway; breaks, changes, moves, blocks
railway signals, signs, milestones; lets animals cross the railway against the
rules or allows animals pulling a vehicle across the railway without a rider;
illegally uses a self-made vehicle or vehicle banned from railway; damages
railway vehicles or illegally occupies railway safety corridors or perimeters
and causes damage for another person in any of the following circumstances or
does it while having incurred a disciplinary penalty or administrative penalty
for any of the offences specified in this Article shall be liable to a fine of
from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years'
community sentence or 01 - 03 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If the
act of obstruction of rail traffic is likely to have any of the consequences
mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented,
the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000
or face a penalty of up to 02 year's community sentence or 03 - 12 months' imprisonment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“Article
269. Putting unsafe railway vehicles or equipment into operation
1. Any
person who is responsible for dispatching or operating conditions of railway
vehicles and allows the use of a vehicle or piece of equipment that does not
meet technical safety standards, does not have the certificate of registration
and inspection and as a result causes damage for another person in any of the
following circumstances, or does it while having incurred a disciplinary
penalty or administrative penalty for the same offence shall be liable to a
fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03
years' community sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
82. Article 270 is amended as follows:
“Article
270. Requesting an unqualified person to operate railway vehicles
1. Any
person who requests a person who does not have a license for train operation or
a person under the influence of alcohol and with blood or breath alcohol
content above the limit or under the influence of drugs or other strong
stimulants or otherwise unqualified to operate a railway vehicle and as a
results causes damage for another person in any of the following consequences
or does it while having incurred a disciplinary penalty or administrative
penalty for the same offence shall be liable to a fine of from VND 30,000,000
to VND 100,000,000 or face a penalty of up to 03 years' community sentence or
01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
83. Article 271 is amended as follows:
“Article
271. Allowing an unqualified person to operate railway vehicles
1. Any
person who allows another person who does not have a license for train
operation or is under the influence of alcohol with blood or breath alcohol
content above the limit or under the influence of drugs or other strong
stimulants or otherwise unqualified to operate a railway vehicle and as a
results causes damage for another person in any of the following consequences
or does it while having incurred a disciplinary penalty or administrative
penalty for the same offence shall be liable to a fine of from VND 30,000,000
to VND 100,000,000 or face a penalty of up to 03 years' community sentence or
06 - 36 months' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
84. Article 272 is amended as follows:
“Article
272. Offences against regulations on control of water-borne vehicles
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender does not have a license or qualification suitable for his/her position
or the vehicle as prescribed;
b) The
offender is under the influence of alcohol with blood or breath alcohol content
above the limit, or under the influence of drugs or other strong stimulants;
c) The
offender leaves the site after causing the accident to evade responsibility or
refuses to help the victim;
d) The
offender fails to comply with the commands of the commander or person in charge
of waterway traffic safety;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence causes a total WPI of 122% - 200% for more than one person;
g) The property
damage caused by the offence is assessed at from VND 500,000,000 to under VND
1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If an
offence against waterway traffic regulations is likely to have any of the
consequences mentioned in Point a, b, c Clause 3 of this Article is not
promptly prevented, the offender shall be liable to a fine of from VND
10,000,000 to VND 50,000,000 or face a penalty of up to 02 year's community
sentence or 03 - 12 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
85. Article 273 is amended as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any
person who illegally drills or digs and as a result damages the structure of
waterway traffic works; placing obstacles that obstruct waterway traffic
without putting up and signs; moves the signs; remove the signs or destroy
waterway traffic works; occupies channels or safety corridor of waterway
traffic or otherwise obstructs waterway traffic and causes damage for another
person in any of the following circumstances shall be liable to a fine of from
VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community
sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
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a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If the
act of obstruction of waterway traffic is likely to have any of the
consequences mentioned in Point a, b, c Clause 3 of this Article is not
promptly prevented, the offender shall be liable to a fine of from VND
10,000,000 to VND 30,000,000 or face a penalty of up to 02 year's community sentence
or 03 - 12 months' imprisonment.”.
86. Article 274 is amended as follows:
“Article
274. Allowing the use of unsafe water-borne vehicles
1. Any
person who is responsible for dispatching or operating conditions of
water-borne vehicles and allows the use of a vehicle or piece of equipment that
does not meet technical safety standards and as a result causes damage for
another person in any of the following circumstances or does it while having
incurred a disciplinary penalty or an administrative penalty for the same
offence or having an unspent conviction for the same offence shall be liable to
a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03
years' community sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
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d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
87. Article 275 is amended as follows:
“Article
275. Requesting an unqualified person to operate water-borne vehicles
1. Any
person who requests a person who does not have a suitable license or qualification
or a person under the influence of alcohol with blood or breath alcohol content
above the limit or under the influence of drugs or other strong stimulants or
otherwise unqualified to operate a water-borne vehicle and as a results causes
damage for another person in any of the following circumstances or does it
while having incurred a disciplinary penalty or administrative penalty for the
same offence or having an unspent conviction for the same offence shall be
liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of
up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI
of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
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c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
88. Article 276 is amended as follows:
“Article
276. Allowing an unqualified person to operate water-borne vehicles
1. Any
person who allows a person who does not have a suitable license or
qualification or a person under the influence of alcohol with blood or breath
alcohol content above the limit or under the influence of drugs or other strong
stimulants or otherwise unqualified to operate a water-borne vehicle and as a
results causes damage for another person in any of the following circumstances
or does it while having incurred a disciplinary penalty or administrative
penalty for the same offence or having an unspent conviction for the same
offence shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or
face a penalty of up to 03 years' community sentence or 01 - 05 years'
imprisonment:
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b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
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c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
89. Article 277 is amended as follows:
“Article
277. Offences against regulations on airplane operation
1. An
airplane commander or operator who commits a violation against regulations on
air traffic safety which poses a threat to life, health or property of other
people and is not promptly prevented shall be liable to a fine of from VND
30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community
sentence or 01 - 05 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The offence
results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“Article
278. Obstruction of air traffic
1. A
person who places obstacles that obstruct air traffic; illegally moves, blocks
or destroys air traffic signs or signals; incorrectly uses or jams
communication frequencies; provides false information to an extent that
threatens the safety of the airplane, passengers, flight crew, ground crew,
people at the airport/airfield or civil aviation equipment; operates or puts an
unqualified ground device in operation in the air operations area or otherwise
obstructs air traffic and as a results causes damage for another person in any
of the following circumstances or does it while having incurred a disciplinary
penalty or administrative penalty for any of the offences specified in this
Article or having an unspent conviction for the same offence shall be liable to
a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03
years' community sentence or 01 – 05 years’ imprisonment.
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
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d) The
offender is in charge of air traffic safety assurance or air traffic safety
equipment.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If the
obstruction of air traffic that is likely to have any of the consequences
mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented,
the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000
or face a penalty of up to 02 years’ community sentence or 03 – 24 months’
imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
91. Article 279 is amended as follows:
“Article
279. Allowing the use of unsafe airplanes and air navigation equipment
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 08
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
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a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
92. Article 280 is amended as follows:
“Article
280. Requesting or allowing an unqualified person to operate an airplane
1. Any
person who requests or allows a person who does not have a license for airplane
operation is otherwise unqualified as prescribed by law to operates an airplane
shall face a penalty of 01 - 05 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of a person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to under
VND 500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
93. Article 281 is amended as follows:
"Article 281. Offences against regulations of
maintenance, repair and management of traffic works
1. A
person who is in charge of maintenance, repair or management of road traffic,
rail traffic, waterway traffic or air traffic works and commits any of the
following acts which causes ≥ 61% WPI for another person or causes a total WPI
of 61% - 121% for more than one person or causes property damage assessed at
from VND 100,000,000 to under VND 500,000,000 shall face a penalty of 06 – 36
months’ imprisonment:
a)
Failure to follow or fully follow regulations on maintenance, repair and
management of traffic works which make them fail to assure technical safety and
fail to satisfy technical standards;
b)
Failure to repair damaged traffic works that threaten traffic safety;
c)
Failure to follow or correctly follow instructions on traffic control,
placement of signs, milestones, fences for prevention of accidents when a
traffic work is damaged or under repair or maintenance;
d)
Failure to follow or correctly follow instructions on inspection and
implementation of measures for assurance of traffic safety on a dangerous
mountain pass, road segments where landslide, stone fall, or flood is likely,
or unsafe road segments;
dd)
Failure to promptly take measures for prevention of accidents when receiving
information about a damaged traffic work under the offender's management;
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g)
Failure to clean up warning signs, fences, equipment and materials after the
construction is complete;
h) Other
violations against regulations on maintenance, repair and management of traffic
works.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 06
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
94. Clause 2, Clause 3 and Clause 4 of Article 282 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 12
– 20 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender uses a dangerous weapon, device or other dangerous methods to commit
the offence;
c) The
offence causes 31% - 60% WPI for another person;
d) The
property appropriated is assessed at from VND 200,000,000 to under VND
500,000,000;
dd)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances shall carry a penalty
of 20 years' imprisonment or life imprisonment:
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b) The offence
causes ≥ 61% WPI for another person;
c) The
offence results in bodily harm to more than one person, each of whom suffers
from ≥ 31% WPI;
d) The
property appropriated is assessed at ≥ VND 500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000, put under mandatory supervision or prohibited from residence for
01 - 05 years, or have part or all of his/her property confiscated.”.
95. Article 283 is amended as follows:
“Article 283. Operating airplanes against aviation laws of
Socialist Republic of Vietnam
1. Any
person who operates an airplane to or from Vietnam against regulations of law
on aviation of Socialist Republic of Vietnam, except in the circumstances in
Article 110 and Article 111 hereof, shall be liable to a fine of from VND
100,000,000 to VND 300,000,000 or face a penalty of 03 - 36 months'
imprisonment.
2. If
this offence causes serious consequences, the offender shall be liable to a
fine of from VND 300,000,000 to VND 1,000,000,000 or face a penalty of 02 - 07
years' imprisonment.
3. If
this offence causes very serious consequences or extremely serious
consequences, the offender shall be liable to a fine of from VND 1,000,000,000
to VND 3,000,000,000 or face a penalty of 05 - 12 years' imprisonment.”.
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“Article 284. Operating maritime vehicles against maritime
laws of Socialist Republic of Vietnam
1. A
person who operates a ship or another maritime vehicle to or from Vietnam or
across Vietnam's territorial sea and commits any of the following acts, except
in the circumstances specified in Article 110 and Article 111 hereof, shall be
liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of
up to 03 years' community sentence:
a)
Exceeding speed limit in port waters;
b)
Failure to operate within permissible areas;
c)
Failure to follow or fully follow procedures for entering, leaving the port,
pilotage regulation, procedures for anchoring, docking, side-by-side docking,
regulations on order and hygiene, fire safety, prevention of environmental
pollution caused by maritime vehicles;
d)
Failure to comply with or correctly comply with regulations on operating,
evading, overtaking, yielding in maritime traffic, or the maritime vehicle does
not have honks, bells, gongs or the volume of which is not conformable;
dd)
Failure to adhere to the route or comply with signals as prescribed; failure to
comply with or correctly comply with regulations on making sound or light
signals.
2. If
this offence causes serious consequences, the offender shall be liable to a
fine of from VND 200,000,000 to VND 500,000,000 or face a penalty of 01 - 03
years' imprisonment.
3. If
this offence causes very serious consequences or extremely serious
consequences, the offender shall be liable to a fine of from VND 500,000,000 to
VND 1,500,000,000 or face a penalty of 03 - 07 years' imprisonment.”.
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“Article
295. Violations against regulations of law on occupational safety, occupational
hygiene and safety in crowded areas
1. Any
person who violates regulations of law on occupational safety, occupational
hygiene or safety in crowded areas and causes damage for another person in any
of the following circumstances shall be liable to a fine of from VND 20,000,000
to VND 100,000,000 or face a penalty of up to 03 years' community sentence or
01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
offender is the person in charge of occupational safety, occupational hygiene
or safety in crowded areas.
3. This
offence committed in any of the following circumstances carries a penalty of 06
- 12 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article is not promptly prevented, the offender shall face a
penalty of up to 02 years’ community sentence or 03 - 24 months' imprisonment.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
98. Article 296 is amended as follows:
“Article
296. Violations against regulations of law on employment of workers under 16
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a) The
offender incurred an administrative penalty or has an unspent conviction for
the same offence ;
b) The
offence causes 31% - 60% WPI for another person;
c) The
offence causes a total WPI of 31% - 60% for more than one person.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence has been committed more than once;
b) The
offence results in the death of a person;
c) The
offence causes ≥ 61% WPI for another person;
d) The
offence causes a total WPI of 61% - 121% for more than one person.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
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b) The
offence causes a total WPI of ≥ 122% for more than one person.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
99. Article 297 is amended as follows:
“Article
297. Coercive labor
1. Any
person who uses violence or threat of violence or other methods to force a
person to work against his/her will in any of the following circumstances shall
be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty
of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The
offender incurred an administrative penalty or has an unspent conviction for
the same offence ;
b) The
offence causes 31% - 60% WPI for another person;
c) The
offence causes a total WPI of 31% - 60% for more than one person.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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b) The
offence is committed against a person under 16, a women whose pregnancy is
known by the offender, an old and weak person, a person suffering for severe or
extremely severe physical disability;
c) The
offence results in the death of a person;
d) The
offence causes ≥ 61% WPI for another person;
dd) The
offence causes a total WPI of 61% - 121% for more than one person;
e)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The
offence results in the death of more than one person;
b) The
offence causes a total WPI of ≥ 122% for more than one person.
4. The
offender might also be liable to a fine of from VND 30,000,000 to VND
100,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
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“Article
298. Offences against regulations of law on construction that lead to serious
consequences
1. Any
person who violates regulations of law on construction in terms of survey,
design, construction, use of materials, machinery, construction supervision,
acceptance, or other issues in any of the following circumstances, except in
the circumstances specified in Article 224 or 281 hereof, shall be liable to a
fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03
years' community sentence or 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 30,000,000 to VND
100,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
101. Point d below is added to Clause 2 of Article 299:
“d)
Attacking, violating, obstructing, disrupting the computer network,
telecommunications network or electronic devices of another organization or
individual.”.
102. Clause 4 below is added to Article 300:
“4.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
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b) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
c) The
violating corporate legal entity might also be liable to a fine of from VND
1,000,000,000 to VND 5,000,000,000, be banned from operating in certain fields
or raising capital for 01 - 03 years.”.
103. Clause 1, Clause 2, Clause 3 and Clause 4 of Article
301 are amended as follows:
“Any
person who takes another person hostage to force a nation, territory,
international organization, organization or individual to act or not to act as
a condition for releasing the hostage, except in the circumstances specified in
Article 113 and Article 299 hereof, shall face a penalty of 01 - 04 years'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence is committed against a person under 18, a women whose pregnancy is
known by the offender, or a person aged ≥ 70;
d) The
offence is committed against a law enforcement officer in performance of his/her
official duties;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If
this offence results in very serious consequences, the offender shall face a
penalty of 05 - 10 years' imprisonment.
4. If
this offence results in extremely serious consequences, the offender shall face
a penalty of 08 - 15 years' imprisonment.”.
104. Clause 2, Clause 3 and Clause 4 of Article 302 are
amended as follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 07
– 15 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence causes 11% - 30% WPI for another person;
c) The
property illegally obtained is assessed at from VND 50,000,000 to under VND
200,000,000;
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
property illegally obtained is from VND 200,000,000 to under VND 500,000,000;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,000,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 18
- 20 years' imprisonment or life imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence results in bodily harm to more than one person, each of whom suffers
from ≥ 31% WPI;
d) The
property illegally obtained is assessed at ≥ VND 500,000,000;
dd) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.”.
105. Clause 1 and Clause 2 of Article 303 are amended as
follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. This
offence committed in any of the following circumstances carries a penalty of 10
- 20 years' imprisonment or life imprisonment:
a) The
offence is committed by an organized group;
b) The
offence results in damage or breakdown of the work, facility, or equipment
important for national security;
c) The
offence results in the death of ≥ 03 people;
d) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
dd) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
e) The
offence has a negative impact of socio-economic situation;
g)
Dangerous recidivism.”.
106. Clause 2, Clause 3 and Clause 4 of Article 304 are
amended as follows:
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a) The offence
is committed by an organized group;
b)
Illegal goods are transported or traded across the border;
c) The
offence results in the death of a person;
d) The
offence causes ≥ 61% WPI for another person;
dd) The
offence causes a total WPI of 61% - 121% for more than one person;
e) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
g) The
value or quantity of the illegal items is high;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
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b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
d) The
value or quantity of the illegal items is very high.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
offence results in property damage assessed at ≥ VND 1,500,000,000;
d) The
value or quantity of the illegal items is extremely high.”.
107. Clause 2, Clause 3 and Clause 4 of Article 305 are
amended as follows:
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a) The
offence is committed by an organized group;
b) The
quantity of explosive is from 10 kg to under 30 kg;
c) The
quantity of explosive accessories is high;
d)
Illegal goods are transported or traded across the border;
dd) The
offence results in the death of a person;
e) The
offence causes ≥ 61% WPI for another person;
g) The
offence causes a total WPI of 61% - 121% for more than one person;
h) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
i)
Dangerous recidivism.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
quantity of explosive is from 30 kg to under 100 kg;
b) The
quantity of explosive accessories is very high;
c) The
offence results in the death of 02 people;
d) The
offence causes a total WPI of 122% - 200% for more than one person;
dd) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
quantity of explosive is ≥ 100 kg;
b) The
quantity of explosive accessories is extremely high;
c) The
offence results in the death of ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.”.
108. Article 306 is amended as follows:
“Article
306. Illegal manufacture, possession, transport, use, trading or appropriation
of hunting rifles, cold weapons, sporting weapons or combat gears
1. Any
person who illegally manufactures, possesses, transports, uses, deals in or
appropriates a hunting rifle, cold weapon, sporting weapon or a weapon with
similar functions or a combat gear despite the fact that he/she has incurred an
administrative penalty for any of the offences specified in this Article or has
an unspent conviction for the same offence shall face a penalty of 03 - 24
months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
quantity of the illegal items is large;
c)
Illegal goods are transported or traded across the border;
d) The
offence results in the death of a person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence causes a total WPI of 61% - 121% for more than one person;
g) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
quantity of the illegal items is very or extremely large;
b) The
offence results in the death of ≥ 02 people;
c) The
offence results in bodily harm to ≥ 02 people who suffer from a total physical
disability of ≥ 122%;
d) The
offence results in property damage assessed at ≥ VND 500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, put under mandatory supervision or prohibited from residence for 01
- 05 years.”.
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“Article
307. Offences against regulations of law on management of weapons, explosive
materials and combat gears
1. Any
person who violates regulations of law on management of the manufacture,
repair, provision, use, preservation, storage, transport, trading or
destruction of military weapons, hunting rifles, sporting weapons, explosive
materials or combat gears and causes damage for another person in any of the
following circumstances shall face a penalty of 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article and is not promptly prevented, the offender shall be
liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of
up to 03 years’ community sentence or 03 - 24 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
110. Article 308 is amended as follows:
“Article
308. Negligence in management of weapons, explosive materials, and combat gears
that results in serious consequences
1. Any
person who is responsible for management of military weapons, hunting rifles,
sporting weapons, explosive materials or combat gears but negligently allows
another person to use them in any of the following circumstances shall face a
penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
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b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
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c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing certain
jobs for 01 - 05 years.”.
111. Article 309 is amended as follows:
“Article 309. Illegal manufacture, possession, transport,
use, spreading, trading or appropriation of radioactive substances or nuclear
materials
1. Any
person who illegally manufactures, stores, transports, uses, spreads, deals in,
or appropriates radioactive substances or nuclear materials shall face a
penalty of 02 - 07 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The
offence is committed by an organized group;
b)
Illegal goods are transported or traded across the border;
c) The
offence results in the death of a person;
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dd) The
offence causes a total WPI of 61% - 121% for more than one person;
e) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to under
VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
offence results in the death of ≥ 03 people;
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c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, put under mandatory supervision or prohibited from residence for 01
- 05 years.”.
112. Article 310 is amended as follows:
“Article
310. Offences against regulations of law on management of radioactive
substances and nuclear materials
1. Any
person who violates regulations of law on manufacture, provision, use,
preservation, storage, transport, trading or treatment of radioactive
substances or nuclear materials and as a result causes damage for another
person in any of the following circumstances shall face a penalty of 03 - 10
years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
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a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article is not promptly prevented, the offender shall face a
penalty of up to 03 years’ community sentence or 06 - 36 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
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“Article
311. Illegal manufacture, possession, transport, use or trading of flammable
substances and toxic substances
1. Any
person who illegally manufactures, possesses, transports, uses or deals in
flammable or toxic substances shall face a penalty of 01 - 05 years'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
quantity of the illegal items is large;
c) The
offence results in the death of a person;
d) The
offence causes ≥ 61% WPI for another person;
dd) The
offence causes a total WPI of 61% - 121% for more than one person;
e) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
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h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
quantity of illegal goods is large;
b) The
offence results in the death of 02 people;
c) The
offence causes a total WPI of 122% - 200% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
a) The
quantity of illegal goods is extremely large;
b) The
offence results in the death of ≥ 03 people;
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d) The
offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000, put under mandatory supervision or prohibited from residence for 01
- 05 years.”.
114. Article 312 is amended as follows:
“Article
312. Offences against regulations of law on management of flammable substances
and toxic substances
1. Any
person who violates regulations of law on manufacture, provision, use, preservation,
storage, transport, trading or treatment of flammable substances or toxic
substances and as a result causes damage for another person in any of the
following circumstances shall face a penalty of 01 - 05 years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
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a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
115. Article 313 is amended as follows:
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1. Any
person who violates regulations of law on fire safety or fire fighting and as a
result causes damage for another person in any of the following circumstances
shall face a penalty of up to 03 years' community sentence or 02 - 05 years'
imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 08 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
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a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article is not promptly prevented, the offender shall
receive a warning or face a penalty of up to 01 year’s community sentence or 03
- 12 months' imprisonment.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
116. Article 314 is amended as follows:
“Article
314. Offences against regulations of law on electricity work safety
1. Any
person who allows the construction of a house or work; builds a house or work
within the safety corridor of the electricity work; causes explosion, fire,
slash-and-burn or falling trees affecting electricity work safety; carries out
digging, pile driving, housing construction on the safety corridor of
underground electric cables; anchors a ship in the safety corridor of
underground electric cables under the river bed or sea bed despite the warning
sign; installs electrical equipment or builds electrical line unsafely or
otherwise threatens electricity work safety as prescribed by law in any of the
following circumstances or does it while having incurred a disciplinary or
administrative penalty for any of the offences specified in this Article or
while having an unspent conviction for the same offence shall be liable to a
fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of 06 – 60
months’ imprisonment:
a) The
offence results in the death of a person;
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c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 06
- 10 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. If
this offence is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article and is not promptly prevented, the offender shall be
liable to a fine of from VND 20,000,000 to VND 1000,000,000 or face a penalty
of up to 02 years’ community sentence or 03 - 24 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
117. Article 315 is amended as follows:
“Article
315. Offences against regulations on medical examination, medical treatment,
manufacture, concoction, dispensing, sale of medicines or other medical
services
1. Any
person who violates regulations of law on medical examination, medical
treatment, manufacture, concoction, dispensing, sale of medicines or other
medical services in any of the following circumstances, except in the
circumstances specified in Article 259 hereof shall face a penalty of 01 - 05
years' imprisonment:
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person;
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes a total WPI ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
118. Clause 1, Clause 2 and Clause 3 of Article 316 are
amended as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person;
d) The
offender has incurred a disciplinary or administrative penalty for the same
offence or has an unspent conviction for the same offence .
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
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119. Article 317 is amended as follows:
“Article
317. Offences against regulations of law on food safety
1. A
person who commits any of the following violations against regulations of law
on food safety shall be liable to a fine of from VND 50,000,000 to VND
200,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) Using
substances, chemicals, antibiotics, veterinary medicines, pesticides, food
additives or food processing aids in the knowledge that they are banned or are
not on the list of permissible substances for food production to produce an
amount of foods assessed at from VND 10,000,000 to under VND 100,000,000 or
while having incurred an administrative penalty for any of the offences
specified in this Article or having a previous conviction for the same offence
;
b) Using
animals that died of diseases or epidemics or animals that have to be burned
for production of foods; selling foods in the knowledge that they are derived
from animals that died of diseases or epidemics or animals that have to be
burned with an amount of illegal products assessed at from VND 10,000,000 to
under VND 100,000,000 or while having incurred a administrative penalty for any
of the offence specified in this Article or having an unspent conviction for
the same offence ;
c) Using
substances, chemicals, antibiotics, veterinary medicines, pesticides, food
additives or food processing aids in the knowledge that they have not been
permitted in Vietnam for food production to produce an amount of foods assessed
at from VND 100,000,000 to under VND 300,000,000 or produce an amount of foods
assessed at from VND 50,000,000 to under VND 100,000,000 while having incurred
an administrative penalty for any of the offences specified in this Article or
having a previous conviction for the same offence ;
d)
Importing, supplying or selling food in the knowledge that they contain banned
substances or substances not on the list of permissible substances with the
amount of illegal products assessed at from VND 10,000,000 to under VND
100,000,000 or illegal profit from VND 5,000,000 to under VND 20,000,000 or
while having incurred an administrative penalty for any of the offences
specified in this Article or having an unspent conviction for the same offence
which have not been expunged;
dd)
Importing, supplying or selling food in the knowledge that they contain banned
substances or substances not on the list of permissible substances with the
amount of illegal products assessed at from VND 100,000,000 to under VND
300,000,000 or illegal profit from VND 50,000,000 to under VND 100,000,000; the
amount of illegal products assessed at from VND 50,000,000 to under VND
100,000,000 or illegal profit from VND 20,000,000 to under VND 50,000,000 while
having incurred an administrative penalty for any of the offences specified in
this Article or having an unspent conviction for the same offence which have
not been expunged;
e)
Committing any of the offences specified in Point a through dd of this Clause;
processing, supplying or selling food in the knowledge that it does not comply
with technical regulations or regulations on food safety and as a result
causing serious food poisoning for 05 – 20 people or causing 31% - 60% WPI for
another person.
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a) The
offence is committed by an organized group;
b) The
offence results in the death of a person;
c) The
offence causes serious food poisoning for 21 – 100 people;
d) The
offence causes ≥ 61% WPI for another person;
dd) The
offence causes a total WPI of 61% - 121% for more than one person;
e) The
amount of food that contains banned substances or substances not on the list of
permissible substances is assessed at from VND 100,000,000 to under VND
300,000,000 or the illegal profit earned is from VND 20,000,000 to under VND
100,000,000;
g) The
amount of food derived from animals that died of diseases or epidemics or
animals that have to be burned is assessed at from VND 100,000,000 to under VND
300,000,000;
h) The
amount of food that contains banned substances that have not been permitted in
Vietnam is assessed at from VND 300,000,000 to under VND 500,000,000 or the
illegal profit earned is from VND 100,000,000 to under VND 200,000,000;
i)
Dangerous recidivism.
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a) The
offence results in the death of 02 people;
b) The
offence causes serious food poisoning for 101 – 200 people;
c) The
offence causes a total WPI of 122% - 200% for more than one person;
d) The
amount of food that contains banned substances or substances not on the list of
permissible substances is assessed at from VND 300,000,000 to under VND 500,000,000
or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;
dd) The
amount of food derived from animals that died of diseases or epidemics or
animals that have to be burned is assessed at from VND 300,000,000 to under VND
500,000,000;
e) The
amount of food that contains banned substances that have not been permitted in
Vietnam is assessed at from VND 500,000,000 to under VND 1,000,000,000 or the
illegal profit earned is from VND 200,000,000 to under VND 500,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence causes serious food poisoning for ≥ 201 people;
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d) The
amount of food that contains banned substances or substances not on the list of
permissible substances is assessed at ≥ VND 500,000,000 or the illegal profit
earned is ≥ VND 300,000,000;
dd) The
amount of food derived from animals that died of diseases or epidemics or
animals that have to be burned is assessed at ≥ VND 500,000,000;
e) The
amount of food that contains banned substances that have not been permitted in
Vietnam is assessed at ≥ VND 1,000,000,000 or the illegal profit earned is ≥
VND 500,000,000.
5. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.”.
120. Clause 1 Article 321 is amended as follows:
“1. A
person who illegally gambles in any shape or form with the stakes (in cash or
kind) assessed at from VND 5,000,000 to under VND 50,000,000, or under VND
5,000,000 despite the fact that he/she has incurred an administrative penalty
for the same offence or any of the offences specified in Article 322 hereof or
has an unspent conviction for the same offence or any of the offences specified
in Article 322 hereof shall be liable to a fine of from VND 20,000,000 to VND
100,000,000, face a penalty of up to 03 year's community sentence or 06 - 36
months' imprisonment.”.
121. Clause 1 and Clause 2 of Article 322 are amended as
follows:
“1. Any
person who organizes gambling or runs a gambling den in any of the following
circumstances shall be liable to a fine of from VND 50,000,000 to VND
300,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) The
offence involves ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000;
the offence involves ≥ 02 gambling mats at the same time with the stakes of ≥
VND 5,000,000;
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c) The
total value of stakes at a time is ≥ VND 20,000,000;
d) The
offender provides pawnbroker services for gamblers; installs equipment serving
the gambling or appoint people to guard and serve the gamblers; prepares escape
in case of raid; uses equipment for assisting the gambling;
dd) The
offender has incurred an administrative penalty for any of the offences
specified in this Article or Article 321 hereof or has an unspent conviction
for the same offence or any of the offences specified in Article 321 hereof .
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed in a professional manner;
b) The
illegal profit earned is ≥ VND 50,000,000;
c) The
offence is committed using the Internet, a computer network, telecommunications
network or electronic device;
d)
Dangerous recidivism.”.
122. Article 324 is amended as follows:
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1. A person who commits any of the
following acts shall face a penalty of 01 - 05 years' imprisonment:
a)
Directly or indirectly participating in finance transactions, banking
transactions, or other transactions to conceal the illegal origin of the money
or property obtained through his/her commission of a crime, or obtained through
another person's commission of a crime to his/her knowledge;
b) Using money or property obtained
through his/her commission of a crime or obtained through another person's
commission of a crime to his/her knowledge for doing business or other
activities;
c)
Concealing information about the true origin, nature, location, movement, or
ownership of money or property obtained through his/her or commission of a
crime or obtained through another person's commission of a crime to his/her
knowledge, or obstructing the verification of such information;
d)
Committing any of the offences specified in Point a through c of this Clause
while knowing that the money or property is obtained through transfer,
conversion of money or property obtained through another person's commission of
a crime.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence has been committed more than once;
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dd) The
offence involves deceitful methods;
e) The
illegal money or property is assessed at from VND 200,000,000 to under VND
500,000,000;
g) The
illegal profit earned is from VND 50,000,000 to under VND 100,000,000;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
illegal money or property is assessed at ≥ VND 500,000,000;
b) The
illegal profit earned is ≥ VND 100,000,000;
c) The
offence has a negative impact on security of the national currency or finance
system.
4. A
person that prepares for the commission of this offence shall face a penalty of
06 – 36 months’ imprisonment.
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6.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 1 of this Article shall be liable to a fine of from VND
1,000,000,000 to VND 5,000,000,000;
b) A
corporate legal entity that commits this offence in any of the circumstances
specified in Point a, c, d, dd, e, g, h Clause 2 of this Article shall be
liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 3 of this Article shall be liable to a fine of from VND
10,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03
years;
d) A
corporate legal entity that commits this offence in the circumstance specified
in Article 79 hereof shall be permanently shut down;
dd) The
violating corporate legal entity might also be liable to a fine of from VND
1,000,000,000 to VND 5,000,000,000, be banned from operating in certain fields
or raising capital for 01 - 03 years.”.
123. Article 325 is amended as follows:
“Article
325. Persuading, forcing a person under 18 to commit a criminal offence, or harboring
a person under 18 who committed a criminal offence
1. Any
person aged 18 or over who commits any of the following acts shall face a
penalty of 01 - 05 years' imprisonment:
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b)
Threatening, using violence or other otherwise forcing a person under 18 to
commit a criminal offence or indulge in debauchery;
c)
Harboring a person under 18 who committed a criminal offence.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves ≥ 02 people under 18;
c) The
offence involves a person under 13;
d) The
offence involves a very serious crime or extremely serious crime committed by
the person under 18;
dd)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000.”.
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“1. Any
person who makes, duplicates, publishes, transports, deals in, or possesses
books, magazines, pictures, films, music, or other items that contain
pornographic contents for the purpose of distributing them or distributes
pornographic materials in any of the following circumstances shall be a fine of
from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment:
a) The
offence involves an amount of digital data from 01 GB to under 05 GB in size;
b) The
offence involves 100 - 199 physical pictures;
c) The
offence involves 50 - 99 physical books, magazines or other printed materials;
d)
Pornographic materials are distributed among 10 - 20 people;
dd) The
offender has incurred an administrative penalty for any of the offences
specified in this Article or has an unspent conviction for the same offence .
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves an amount of digital data from 05 GB to under 10 GB in size;
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d) The
offence involves 100 - 199 physical books, magazines or other printed
materials;
dd)
Pornographic materials are distributed among 21 - 100 people;
e)
Pornographic materials are provided for a person under 18;
g) The
offence is committed using the Internet, a computer network, telecommunications
network, or electronic device;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence involves an amount of digital data of ≥ 10 GB;
b) The
offence involves ≥ 500 physical pictures;
c) The
offence involves ≥ 200 physical books, magazines or other printed materials;
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125. The title, Clause 1, Clause 2 and Clause 3 of Article
337 are amended as follows:
“Article
337. Deliberate disclosure of classified information; appropriation, trading,
destruction of classified documents or items
1. Any
person who deliberately discloses, appropriates, deals in or destroys
classified information or items, except in the circumstances specified in
Article 110 hereof, shall face a penalty of 02 - 07 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
information is classified as second-degree top secret;
b) The
offender misuses his/her position or power to commit the offence;
c) The
offence causes losses in terms of national defense and security or results in
diplomatic, economic, or cultural damage.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence is committed by an organized group;
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c) The
offence has been committed more than once;
d) The
offence infringes upon the political regime, independence, sovereignty and
territorial integrity of Vietnam.”.
126. Article 341 is amended as follows:
“Article
341. Fabricating an organization's seal or documents and use thereof
1. Any
person who fabricates an organization's seal or document or use it to commit an
illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000
or face a penalty of up to 03 years' community sentence or 06 - 24 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence involves 02 - 05 fabricated seals or documents;
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dd) The
illegal profit earned is from VND 10,000,000 to under VND 50,000,000;
e) Dangerous
recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence involves ≥ 06 fabricated seals or documents;
b) The
fabricated seal or document is used to commit a very serious crime or extremely
serious crime;
c) The
illegal profit earned is ≥ VND 50,000,000
4. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000.”.
127. The title, Clause 1 and Clause 2 of Article 344 are
amended as follows:
“Article
344. Offences against regulations of law on publishing
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a) The
offender has 2,000 copies of each work printed without a publishing decision or
license for publishing of non-commercial documents or an approved draft bearing
the editor's signature as prescribed by law;
b) The
offender permits the publishing or printing of a work which has been suspended
from publishing, recalled, confiscated, banned, destroyed or illegally imported
with ≥ 500 copies;
c) The
offender permits the publishing of an electronic a work with banned contents or
without a publishing decision or an approved draft bearing the editor's signature
as prescribed by law.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender falsifies the approved draft or draft of a non-commercial document
bearing the seal of the issuer of the license for publishing in order to
publish banned contents according to the law on publishing;
c)
Publishing works having banned contents according to the Law on
Publishing.".
128. Article 360 is amended as follows:
“Article
360. Negligence that results in serious consequences
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a) The
offence results in the death of a person;
b) The
offence causes ≥ 61% WPI for another person;
c) The
offence causes a total WPI of 61% - 121% for more than one person.
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence causes a total WPI of 122% - 200% for more than one person;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
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b) The
offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.”.
129. Clause 1 and Clause 2 of Article 363 are amended as
follows:
“1. Any
official or public employee who abandons his/her duties and as a result causes
serious consequences shall face a penalty of up to 03 years' community sentence
or 06 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offender persuades another person to abandon his/her duty;
b) The
offence results in very serious consequences or extremely serious consequences;
c) The
offence is committed in wartime, occurrence of a natural disaster, epidemic or
hardship of society.”.
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"1.
Any person who directly or through an intermediary receives any of the
following benefits in order to use his/her influence over an office-holder to
urge him/her to perform or not to perform certain duties or tasks or to commit
a prohibited act shall face a penalty of up to 03 years' community sentence 06
- 36 months' imprisonment:
a) Money,
property or other tangible benefits assessed at from VND 2,000,000 to under VND
100,000,000;
b)
Intangible benefits.”.
131. Clause 2 and Clause 3 of Article 370 are amended as
follows:
“2. This
offence committed in any of the following circumstances carries a penalty of 05
– 10 years' imprisonment:
a) The
offence has been committed more than once;
b) The
offence is committed against a person under 18, a women whose pregnancy is
known by the offender, or an old and weak person;
c) The
offence results in a wrongful conviction of an innocent person for a serious
crime or very serious crime;
d) The
offence results in omission of an very serious crime or a perpetrator of an
serious crime or very serious crime;
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e) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,000,000,000;
g) The
offence has a negative impact on social security, order, or safety.
3. This
offence committed in any of the following circumstances shall carry a penalty
of 10 - 15 years' imprisonment:
a) The
offence results in a wrongful conviction of an innocent person for an extremely
serious crime;
b) The
offence results in omission of an extremely serious crime or a perpetrator of
an extremely serious crime;
c) The victim
suffers from ≥ 61% mental and behavioral disability because of the offence;
d) The
offence results in the suicide of the defendant, victim or plaintiff;
dd) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.”.
132. Clause 1, Clause 2 and Clause 3 of Article 371 are
amended as follows:
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2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence is committed against a person under 18, a women whose pregnancy is
known by the offender, or an old and weak person;
d) The
offence result in 31% - 60% mental and behavioral disorder of the person who is
arrested, taken into police custody, the suspect, the defendant, the convict,
the person required to serve the judgment, the victim or the plaintiff;
dd) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 1,000,000,000;
e) The offence
has a negative impact on social security, order, or safety.
3. This
offence committed in any of the following circumstances shall carry a penalty
of 07 - 12 years' imprisonment:
a) The
offence result in ≥ 61% mental and behavioral disorder of the person who is
arrested, taken into police custody, the suspect, the defendant, the convict,
the person required to serve the judgment, the victim or the plaintiff;
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c) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.”.
133. Article 375 is amended as follows:
a) Clause
1 Article 375 is amended as follows:
“1. Any
investigator, prosecutor, judge, jury member, court clerk or any other judicial
officer, advocate of a litigant who falsifies, swaps, destroys or damages
documents or evidence of the case, or otherwise falsifies the content of the
case shall face a penalty of 01 - 05 years' imprisonment.
b) Clause
3 Article 375 is amended as follows:
“3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence results in wrongful conviction of an innocent person or omission of a
crime;
b) The
offence result in the suicide of the person who is arrested, taken into police
custody, the suspect, the defendant, the convict, the person required to serve
the judgment, the victim or the plaintiff;
c) The
damage caused by the offence is assessed at ≥ VND 1,000,000,000.”.
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“1. Any
person who is responsible for guarding or escorting a detainee or prisoner but
fails to adhere to regulations on guarding and escorting and as a result in the
escape of the perpetrator of a less serious crime or serious crime in any of
the following circumstances shall face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment:
a) The
offence results in the suspension of the case;
b) The
escapee takes revenge on the proceeding officer or participant;
c) The
escapee continues to commit another less serious crime or serious crime.
2. This
offence committed in any of the following circumstances shall carry a penalty
of 02 - 07 years' imprisonment:
a) The
offence results in the termination of the case;
b) The
escapee continues to commit another very serious crime;
c) The
offence involves 02 - 05 escapees;
d) The
escapee committed a very serious crime;
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135. The title and Clause 1 Article 377 is amended as
follows:
“Article
377. Abuse of position or power to hold a person in detention or custody
against the law
1. Any
person who abuses his/her position or power to commit any of the following acts
shall face a penalty of 06 - 36 months' imprisonment:
a)
Failure to issue a decision to release a person who is released as prescribed
by law;
b)
Issuing an order or a decision to arrest or hold a person in detention or
custody without any legal basis;
c)
Failure to implement the decision to release a person who is released as
prescribed by law;
d)
Arresting, holding a person in detention or custody without an order or
decision as prescribed by law or an effective one;
dd)
Failure to issue an order or decision to extend the period of detention or
custody; changing, cancelling the temporary detention method at the end of the
temporary detention period causing the detainee to be held in detention behind
schedule.”.
136. Clause 1 Article 388 is amended as follows:
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a)
Causing disruption or defying orders of the competent person in detention
management;
b)
Bringing in, possessing or using personal communications devices, audio or
video recording devices in the detention center without authorization.”.
137. Clause 1 Article 389 is amended as follows:
“1. Any
person who, without prior promises, conceals any of the following crimes,
except in the circumstances specified in Clause 2 Article 18 hereof, shall face
a penalty of up to 03 years' community sentence or 06 - 60 months'
imprisonment:
a)
Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120 and
121;
b)
Article 123, Clauses 2, 3 and 4 of Article 141, Article 142, Article 144,
Clause 2 and Clause 3 of Article 146, Clauses 1, 2 and 3 of Article 150,
Articles 151, 152, 153 and 154;
c)
Article 168, Article 169, Clauses 2, 3 and 4 of Article 173, Clauses 2, 3 and 4
of Article 174, Clauses 2, 3 and 4 of Article 175, Clauses 2, 3 and 4 of
Article 178;
d) Clause
3 and Clause 4 of Article 188, Clause 3 of Article 189, Clause 2 and Clause 3 of
Article 190, Clause 2 and Clause 3 of Article 191, Clause 2 and Clause 3 of
Article 192, Clauses 1, 2, 3 and 4 of Article 193, Clauses 1, 2, 3 and 4 of
Article 194, Clause 2, 3 and 4 of Article 195, Clause 2 and Clause 3 of Article
196, Clause 3 of Article 205, Clauses 2, 3 and 4 of Article 206, Article 207,
Article 208, Clause 2 and Clause 3 of Article 219, Clause 2 and Clause 3 of
Article 220, Clause 2 and Clause 3 of Article 221, Clause 2 and Clause 3 of
Article 222, Clause 2 and Clause 3 of Article 223, Clause 2 and Clause 3 of
Article 224;
dd)
Clause 2 and Clause 3 of Article 243;
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g)
Clauses 2, 3 and 4 of Article 265, Articles 282, 299, 301, 302, 303 and 304,
Clauses 2, 3 and 4 of Article 305, Clauses 2, 3 and 4 of Article 309, Clauses
2, 3 and 4 of Article 311, Clause 2 and Clause 3 of Article 329;
h)
Clauses 2, 3 and 4 of Article 353, Clauses 2, 3 and 4 of Article 354, Clauses
2, 3 and 4 of Article 355, Clause 2 and Clause 3 of Article 356, Clauses 2, 3
and 4 of Article 357, Clauses 2, 3 and 4 of Article 358, Clauses 2, 3 and 4 of
Article 359, Clauses 2, 3 and 4 of Article 364, Clauses 2, 3 and 4 of Article
365;
i) Clause
3 and Clause 4 of Article 373, Clause 3 and Clause 4 of Article 374, Clause 2
of Article 386;
k)
Articles 421, 422, 423, 424 and 425.”.
138. Clause 1 Article 390 is amended as follows:
“1. Any
person who knows about the preparation of any of the crimes specified in Clause
2 or Clause 3 of Article 14 hereof or commission of any of the crimes specified
in Article 389 hereof but fails to report it, except in the circumstances
specified in Clause 2 and Clause 3 Article 19 hereof, shall receive a warning,
face a penalty of up to 03 years' community sentence or 06 - 36 months'
imprisonment.”.
139. Article 391 is amended as follows:
“Article
391. Disruption in court or meeting
1. Any
person who insults the judge, jury members, the proceedings officer or other
people present at the court or meeting or deliberately damages property, except
in the circumstances specified in Article 178 hereof, shall be liable to a fine
of from VND 10,000,000 to VND 100,000,000, face a penalty of up to 03 years’
community sentence or 06 - 24 months' imprisonment.
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a) The
court or meeting session or has to be suspended;
b) The
judge, a jury member or proceedings officer is physically assaulted, except in
the circumstances specified in Article 134 hereof.”.
140. Clause 1 and Clause 2 of Article 410 are amended as
follows:
“1. Any
person who fails to comply with regulations on patrol, guard or escort in any
of the following circumstances shall face a penalty of up to 03 years'
community sentence or 06 - 60 months' imprisonment:
a) The
guarded or escorted person is injured;
b) The
offence results in damage to military equipment;
c) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
d) The
offence results in other very serious consequences.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
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b) The
offence results in loss of military equipment;
c) The
offence is committed in battle;
dd) The
offence is committed in a warzone;
dd) The
offender persuades another person to commit the offence;
e) The
offence results in property damage assessed at ≥ VND 500,000,000;
g) The
offence results in other very serious consequences or extremely serious
consequences.”.
141. Article 292 is removed.
Article 2. Addition, replacement, removal of certain words,
phrases and punctuation marks in Criminal Code No. 100/2015/QH13
1. Addition of certain words, phrases and punctuation marks
in Criminal Code No. 100/2015/QH13:
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b) The
phrase “cấm tàng trữ,” is added before the phrase “cấm lưu hành” in Point c
Clause 1 of Article 47 (change in meaning: “c) Items banned from trading and
possession by the State.”);
c) The
phrase “, nếu không thuộc trường hợp
quy định tại Điều 142 và Điều 145 của Bộ luật này” is added after the phrase “người dưới 18 tuổi” in
Point b Clause 2 of Article 148 (change in meaning: “b) The offence is
committed against a person aged under 18, except in the circumstances specified
in Article 142 and Article 145 hereof”); the word “đang” is added before the
phrase “thi hành công vụ” in Point dd Clause 2 of Article 148 (no change in meaning);
d) The
phrase “hoặc dưới 10,000,000 đồng
nhưng tài sản là” is added before the phrase “di vật, cổ vật”
in Clause 1 of Article 176 (change in meaning: “… a relic or an antique which
is assessed at under VND 10,000,000...”); The phrase “dưới 100,000,000 đồng nhưng” is added before the phrase “tài
sản là di vật, cổ vật” in Clause 1 of Article
177 (change in meaning: “… a relic or an antique which is assessed at under VND
100,000,000...”);
dd) The
phrase “Điều 219 và” is added before the phrase “Điều 220 của Bộ luật này” (“Article
220 hereof") in Clause 1 of Article 177;
e) The
word “bị” is added before the phrase “cấm đảm nhiệm chức vụ” in
Clause 4 of Article 179 (no change in meaning in the English translation);
g) The
phrase “phạt cải tạo không giam giữ từ
01 năm đến 02 năm hoặc” (“01 – 02 years’
community sentence or”) is added before the phrase “phạt tù từ 03 tháng đến 02 năm” (“03 – 24 months’ imprisonment”) in Clause 2, the phrase “phạt cải tạo không giam giữ từ 02 năm đến 03 năm
hoặc” (“02 – 03 years’ community sentence or”)
is added before the phrase “phạt tù từ
01 năm đến 03 năm” (“01 – 03 years’
imprisonment”) in Clause 3 of Article 138, the phrase “phạt cải tạo không giam giữ từ 02 năm đến 03 năm
hoặc” (“02 – 03 years’ community sentence or”)
is added before the phrase “phạt tù từ
06 tháng đến 03 năm” (“06 – 36 months’
imprisonment”) in Clause 2 of Article 139, the phrase “phạt cải tạo không giam giữ từ 02 năm đến 03 năm hoặc” (“02 – 03 years’ community sentence or”) is added before
the phrase “phạt tù từ 03 tháng đến 02
năm” (“03 – 24 months’ imprisonment”) in
Clause 2 Article 180 and the word “phạt
cải tạo không giam giữ từ 02 năm đến 03 năm hoặc” (“02 – 03 years’ community sentence or”) is added before
the phrase “phạt tù từ 03 tháng đến 02
năm” (“03 – 24 months’ imprisonment”) in Clause 2 of Article 362;
h) The
phrase “hoặc đã bị kết án về tội này,
chưa được xóa án tích” is added after the
phrase “che giấu thông tin trong hoạt
động chứng khoán” in Point c Clause 1 of
Article 209 (change in meaning: “c) The offender already incurred an
administrative penalty or for the same offence or has an unspent conviction for
the same offence .”);
i) The
word “cấm” is added before the phrase “hoạt động trong một số lĩnh vực nhất định” in Point d Clause 5 of Article 196, Point c Clause 4 of
Article 209 and Point c Clause 4 of Article 210 (no change in meaning in the
English translation);
k) The
phrase “hoặc xử phạt vi phạm hành
chính” is added after the phrase “đã bị xử lý kỷ luật” in Clause 1 of Article 219, Clause 1 of Article 220, Clause 1 of
Article 221 and Clause 1 of Article 222 (change in meaning: “while having
incurred a disciplinary penalty or administrative penalty”); the word “theo” is added
before the phrase “quy định” in Point d Clause 1 of Article 221 (no change in meaning
in the English translation);
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m) The
word “dưới” (“under”) is added before the phrase “500,000,000 đồng” (“VND
500,000,000”) in Clause 1 of Article 241;
n) The
phrase “do Chính phủ quy định” (“specified by the Government”) is added after the phrase “cây khác có chứa chất ma túy” (“other plants containing narcotic substances”) in Clause 1
of Article 247;
o) A
comma “,” is added after the word “văn hóa” in Point b
Clause 2 of Article 338 (no change in meaning in the English translation);
p) The
word “Để” is added to the beginning of Point c Clause 2 of Article
342 (no change in meaning in the English translation);
q) The
word “nguy hiểm” is added after the word “Tái phạm” in Clause 2
Article 346 (change in meaning: “dangerous recidivism”);
r) The
word “đồng” is added after the phrase “từ 1,000,000,000” in
Point e Clause 2 Article 353, Point d Clause 2 Article 354, Point dd Clause 2
Article 355 and Point d Clause 2 Article 358; the word “năm” is added after the
phrase “từ 01” in Clause 1 Article 358 (no change in meaning in the
English translation);
s) The
word “khác” is added after the phrase “hoặc gây thiệt hại” in
Clause 1 of Article 356 and Clause 1 of Article 357 (change in meaning: “or
otherwise infringes upon”);
t) The phrase
“Dẫn đến” is added at the beginning of Point e Clause 2 (no change in
meaning in the English translation), the phrase “; người thực hiện tội phạm ít nghiêm trọng hoặc tội phạm
nghiêm trọng” is added after the phrase “tội phạm nghiêm trọng” in Point b Clause 3 (change in meaning: “omission of a
less serious crime or serious crime or perpetrator thereof”), the phrase “; người thực hiện tội phạm rất nghiêm trọng hoặc
tội phạm đặc biệt nghiêm trọng” is added after
the phrase “tội phạm đặc biệt nghiêm
trọng” in Point c Clause 4 of Article 374
(change in meaning: “omission of a very serious crime or extremely serious
crime or perpetrator thereof”);
u) The
phrase “hoặc người phạm tội” ("or criminals”) is added after the phrase “bỏ lọt tội phạm”
(“omission of crimes”) in Point a Clause 3 Article 372 and Point b Clause 3
Article 382.
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a) The
phrase “Người thực hiện tội phạm ít
nghiêm trọng hoặc tội phạm nghiêm trọng do vô ý”
(“The person who involuntarily commits a less serious crime or a serious
crime”) is replaced with the phrase “Người
thực hiện tội phạm nghiêm trọng do vô ý hoặc tội phạm ít nghiêm trọng” (“The person who commits a less serious crime or
involuntarily commits a serious crime”) in Clause 3 Article 29;
b) The
comma “,” is replaced with the word “hoặc” (“or”) before the
phrase “người đủ 70 tuổi trở lên” (“a person aged 70 years or older”) in Point i Clause 1,
before the phrase “tàn ác để phạm tội” (“ruthless trick to commit the crime”) in Point m Clause 1
and before the phrase “phương tiện có
khả năng gây nguy hại cho nhiều người”
(“instrument capable of harming many people”) in Point n Clause 1 Article 52;
c) The
phrase “Cấm vay vốn ngân hàng, tổ chức
tín dụng hoặc các quỹ đầu tư” (“Prohibition
from taking loans from banks, credit institutions or investment funds”) is
replaced with the phrase “Cấm vay vốn
của tổ chức tín dụng, chi nhánh ngân hàng nước ngoài hoặc quỹ đầu tư” (“Prohibition from taking loans from credit institutions,
branches of foreign banks or investment funds”) in Point a Clause 2 Article 81;
d) The
phrase “Đối với 02 người trở lên mà tỷ
lệ tổn thương cơ thể của mỗi người từ 31% đến 60%” (“The offence is committed against more than one person, each of whom
suffers from 31% - 60% WPI”) is replaced with the phrase “Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người
trở lên mà tỷ lệ tổn thương cơ thể của mỗi người 31% trở lên” (“The offence is committed against more than one person,
each of whom suffers from ≥ 31% WPI”) in Point a Clause 2 Article 135;
dd) The
phrase “phạt cải tạo không giam giữ
đến 03 năm” (“up to 03 years’ community
sentence”) is replaced with the phrase “phạt
cải tạo không giam giữ đến 01 năm” (“up to 01
year’s community sentence”) in Clause 1 Article 138; the phrase “phạt cải tạo không giam giữ đến 03 năm” (“up to 03 years’ community sentence”) is replaced with the
phrase “phạt cải tạo không giam giữ
đến 02 năm” (“up to 02 years’ community
sentence”) in Clause 1 Article 139 and Clause 1 Article 362; the phrase “phạt tù từ 01 năm đến 05 năm” (01 – 05 years’ imprisonment”) is replaced with the phrase “phạt tù từ 02 năm đến 05 năm” (02 – 05 years’ imprisonment”) in Clause 3 Article 139; the
phrase “phạt tù từ 06 tháng đến 03
năm” (06 – 36 months’ imprisonment”) is
replaced with the phrase “phạt tù từ
06 tháng đến 02 năm” (06 – 24 months’
imprisonment”) in Clause 1 Article 241; the phrase “phạt tù từ 06 tháng đến 05 năm” (06 – 60 months’ imprisonment”) is replaced with the phrase
“phạt tù từ 06 tháng đến 03 năm” (06 – 36 months’ imprisonment”) in Clause 1 Article 419;
e) The
phrase “11% trở lên” (“≥ 11%”) is replaced with the phrase “31% trở lên” (“≥
31%”) in Point b Clause 2 Article 140; the phrase “từ 11% đến 45%” (“11% -
45%”) is replaced with the phrase “từ
31% đến 60%” (“31% - 60%”) in Point dd Clause
2 Article 146, Point e Clause 2 Article 147, Point e Clause 2 Article 149,
Point g Clause 2 Article 155, Point g Clause 2 Article 156 and Point d Clause 2
Article 368; the phrase “46% trở lên” (“≥ 46%”) is replaced with the phrase “61% trở lên” (“≥ 61%”) in Point
a Clause 3 Article 146, Point a Clause 3 Article 147, Point c Clause 3 Article
149, Point a Clause 3 Article 155, Point b Clause 3 Article 156, Point c Clause
3 Article 368 and Point g Clause 2 Article 397;
g) The
phrase “Người nào đánh tráo người dưới
01 tuổi này với người dưới 01 tuổi khác” (“Any
person who swaps a person under 01 year of age with another person under 01
year of age”) is replaced with the phrase “Người nào đánh tráo người dưới 01 tuổi” (“Any person who swaps a person under 01 year of age with
another person”) in Article 152;
h) The
phrase “Phạm tội thuộc trường hợp quy
định in Clause 2 Article này” (“A corporate
legal entity that commits this offence in any of the circumstances specified in
Clause 2 of this Article”) is replaced with the phrase “Phạm tội thuộc một trong các trường hợp quy định tại các
điểm a, d, đ và e Clause 2 Article này” (“A
corporate legal entity that commits this offence in any of the circumstances
specified in Points a, d, dd, e Clause 2 of this Article”) in Point b Clause 5
Article 196;
i) The
phrase “lãi suất gấp 05 lần mức lãi
suất cao nhất” (“an interest rate that is five
times higher than the maximum interest rate”) is replaced with the phrase “lãi suất gấp 05 lần trở lên của mức lãi suất cao
nhất” (“an interest rate that is at least five
times higher than the maximum interest rate”) in Clause 1 and the phrase “Phạm tội thu lợi bất chính từ 100,000,000 đồng trở
lên” is replaced with the phrase “Phạm tội mà thu lợi bất chính 100,000,000 đồng trở
lên” in Clause 2 Article 201 (no change in
meaning in the English translation);
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l) The
phrase “gây thiệt hại về tài sản” (“property damage”) is replaced with the phrase “gây thất thoát, lãng phí” (“loss”) in Point d Clause 2 and Clause 3 Article 219;
m) The
phrase “thuộc danh mục các chất ô
nhiễm hữu cơ khó phân hủy cần phải loại trừ theo quy định tại” (“on the list of persistent organic pollutants”) is
replaced with the phrase “có thành
phần nguy hại đặc biệt vượt ngưỡng chất thải nguy hại theo quy định của pháp
luật hoặc có chứa chất phải loại trừ theo” (“containing hazardous constituents above the limits prescribed by law
or containing wastes that have to be eliminated”) in Clause 1, Point a Clause 2
and Clause 3 Article 236; the word “quy
chuẩn” is replaced with the word “Quy chuẩn”
(capitalized) in Point a Clause 2 and Clause 3 Article 236;
n) The
phrase “phân khu bảo tồn nghiêm ngặt” (“strictly restricted area”) is replaced with the phrase “phân khu bảo vệ nghiêm ngặt” (“strictly restricted sector”) in Point b Clause 2 Article
245;
o) The
phrase “Vận chuyển với số lượng” is replaced with the phrase “Có số lượng” in Point đ
Clause 2 (no change in meaning in the English translation) and the phrase “Vận chuyển qua biên giới” (“transported across the border”) is replaced with the
phrase “Vận chuyển, mua bán qua biên
giới” (“transported or traded across the
border”) in Point e Clause 2 Article 254;
p) The
word “viễn thông” is replaced with the phrase “mạng viễn thông” (the
English translation is unchanged) and the comma “,” is replaced with the
word “hoặc” ("or”) after the word “trao đổi” (“exchanges”)
in Clause 1 Article 285;
q) The
phrase “hệ thống thông tin, giao dịch
tài chính” (”banking or finance information
system”) is replaced with the phrase “hệ
thống thông tin tài chính” (“finance
information system”) in Point b Clause 3 Article 287;
r) The
phrase “11% đến 45%” (“11% - 45%”) is replaced with the phrase “31% đến 60%” “(31% - 60%”)
in Point e Clause 2; the phrase “46%
trở lên” (“≥ 46%”) is replaced with
the phrase “61% trở lên” (“≥ 61%") in Point c Clause 3 Article 327;
s) The
phrase “Phạm tội trong những trường
hợp sau đây” is replaced with the phrase “Phạm tội thuộc một trong các trường hợp sau đây” in Clause 2 Article 338, Clause 2 and Clause 3 Article 350
(no change in meaning in the English translation);
t) The
phrase “05 giấy tờ giả đến 10 giấy tờ
giả” (“05 - 10 fabricated documents”) is
replaced with the phrase “06 giấy tờ
giả đến 10 giấy tờ giả” (“06 - 10 fabricated
documents”) in Point a Clause 3 Article 359; the phrase “05 người trở lên” (“≥ 05
people”) is replaced with the phrase “06
người trở lên” (“≥ 06 people”) in Point a
and the phrase “tội phạm đặc biệt
nghiêm trọng” (“an extremely serious crime”)
is replaced with the phrase “tội khác
là tội phạm đặc biệt nghiêm trọng” (“another
extremely serious crime”) in Point b Clause 3 Article 369;
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v) The
phrase “Điều 135” ("Article
135”) is replaced with the phrase "Điều 134” (“Article 134”) in
Clause 1 Article 398;
x) The
phrase “ngày 01 tháng 7 năm 2016” (“July 01, 2016”) is replaced with the phrase “ngày 01 tháng 01 năm 2018”
(“January 01, 2018”) in Article 426.
3. The
following words, phrases and clauses are removed from Criminal Code No.
100/2015/QH13:
a) The
phrase “; tài sản là kỷ vật, di vật,
đồ thờ cúng có giá trị đặc biệt về mặt tinh thần đối với người bị hại” (“the property illegally obtained is a souvenir, memento,
or religious item that has a spiritual value to the victim”) in Point d Clause
1 Article 172 and Point d Clause 1 Article 174;
b) The
phrase “hoặc vật có giá trị lịch sử,
văn hóa” (“or an item of historical or
cultural value”) in Clause 1 Article 176 and Clause 1 Article 177;
c) Point
dd Clause 2, Point b Clause 3, Point b Clause 4 Article 172; Point g Clause 2,
Point b Clause 3, Point b Clause 4 Article 174;
d) The
comma “,” after the phrase “200,000,000
đồng” (VND 200,000,000”) in Clause 1 Article
176;
đ) The
phrase “của Nhà nước” in the title of Article 220 and Article 221;
e) The
word “các” before the phrase “quy
định về quản lý khu bảo tồn” in the title of
Article and Clause 1, the word “từ” before the phrase “500
mét vuông (m2) trở lên” in Point b
Clause 2 Article 245 (no change in meaning in the English translation);
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h) The
word “từ” before the phrase “1,000,000,000
đồng” in Clause 3 Article 223 and before the
phrase “11 giấy tờ giả trở lên” in Point a Clause 4 Article 359 (no change in meaning in
the English translation);
i) The
phrase “, thẩm định giá tài sản” in Clause 1 Article 383;
k) The
phrase “, kinh tế, lao động” after the phrase “các
vụ án hình sự, hành chính, dân sự” in
Clause 1 Article 384.
Article 3. Effect
This Law
comes into force as of January 01, 2018.
This
Law was passed by the 14th National Assembly of the Socialist
Republic of Vietnam, at its 3rd session on June 20, 2017.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan
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