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COUNCIL OF
JUDGES OF VIETNAM
SUPREME PEOPLE'S COURT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
02/2024/NQ-HDTP
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Hanoi, May
24, 2024
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RESOLUTION
PROVIDING
GUIDANCE ON APPLICATION OF SOME REGULATIONS OF ARTICLE 313 OF CRIMINAL CODE
COUNCIL OF JUSTICES OF SUPREME PEOPLE’S COURT
Pursuant to Law on Organization of People s
Courts dated November 24, 2014;
For the purpose of exact and consistent
application of some regulations of Criminal Code No. 100/2015/QH13, as amended
by the Law on 12/2017/QH14;
After getting opinions from the Director of the
People’s Supreme Procuracy and the Minister of Justice of Vietnam;
HEREIN RESOLVES:
Article 1. Scope
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Article 2. Violation against
regulations on fire safety
Violations against regulations on fire safety
specified in Article 313 of Criminal Code include:
1. Violations against regulations on fire safety
specified in Law on Fire Safety;
2. Violation against regulations on fire safety specified
in other relevant laws.
Article 3. Criminal prosecution
in accordance with clauses 1, 2 and 3 of Article 313 of Criminal Code
Offences against regulations on fire safety shall
be prosecuted in accordance with clauses 1, 2 and 3 of Article 313 of Criminal
Code if the following conditions are met:
1. The offender commits one or multiple violations
as guided in Article 2 of this Resolution;
2. The offense causes damage in accordance with
regulations of clause 1, 2 or 3 of Criminal Code;
3. The offense must have a causal relationship with
the damage that occurs. The damage must be an inevitable consequence of the
violation and vice versa.
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1. “If the offence against regulations on fire
safety that is likely to have any of the consequences mentioned in Point a, b,
c Clause 3 of this Article is not promptly prevented” specified in Clause
4 of Article 313 of the Criminal Code, is violation guided in Article 2 of this
Resolution but fall under the following cases:
a) A fire has not yet occurred, but if not stopped
promptly, there will certainly be fire causing damage as specified in
point a, b or c of Clause 3 of Article 313 of the Criminal Code;
b) A fire has occurred and will inevitably lead to
the consequences specified in point a, b or c, Clause 3 of Article 313 of the
Criminal Code, but due to timely prevention, the damage is below the level
specified in Clause 1 of Article 313 of the Criminal Code.
2. “Timely prevention" means cases where
authorities, organizations, or individuals carry out prevention measures
promptly after the violation occurs, including: extinguish fires, move
flammable substances out of crowded places, remove fire and heat sources from
prohibited areas, etc. to prevent fires from occurring, or if a fire has
occurred but the damage is below the level specified in Clause 1, Article 313
of the Criminal Code.
For instance: While waiting for the gas to fill up,
A started smoking (there were 10 people at the gas station at the time). B
asked A to go outside to put out the cigarette, but A did not do so and instead
threw the burning cigarette on the ground, causing a fire. B immediately used a
fire extinguisher to put out the fire, so there were no consequences. A's
behavior violates the regulation on "bringing fire sources into places
where fire is prohibited" and is subject to criminal prosecution under
clause 4 of Article 313 of the Criminal Code.
Article 5. Criminal prosecution
in some specific cases
1. In case the offender undertakes work that must
comply with regulations on labor safety and hygiene, and safety in crowded
places, but during work, he/she violates those regulations and causes a fire
causing damage, he/she will be prosecuted in accordance with the regulations of
Article 313 of the Criminal Code instead of regulations of Article 295 of the
Criminal Code.
For instance: B hired A to weld the roofs of the
karaoke rooms. During the welding process, A did not use a shield to protect
against molten metal sparks and did not monitor the safety during the process.
As a result, when high-temperature sparks were emitted, large fires were
ignited, causing property damage of 1,000,000,000 VND. A's behavior has
violated the regulations of Section 2.2.12 of National Technical Regulation
QCVN 03:2011/BLDTBXH dated July 29, 2011 of the Ministry of Labor - War
Invalids and Social Affairs on safe work for electric welding & welding
jobs. In this case, A is prosecuted in accordance with the regulations of Article
313 of the Criminal Code.
2. In cases where the offender commits a crime
multiple times, if each crime constitutes a crime but has not yet been
prosecuted, and the statute of limitations for criminal prosecution has not
expired, in addition to being subject to a penalty corresponding to the total
damage caused by the crimes, the aggravating circumstance of "committing
the crime more than once" as prescribed in Point g, Clause 1, Article 52
of the Criminal Code will also apply.
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This Resolution is ratified by the Council of
Justices of the Supreme People’s Court on April 24, 2024 and comes into force
from June 18, 2024./.
ON BEHALF OF
THE COUNCIL OF JUSTICES
CHIEF JUSTICE
Nguyen Hoa Binh