THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
04/1997/QH9
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Hanoi,
May 10, 1997
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LAW
ON
AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE PENAL CODE
Pursuant to Article 84 of the
1992 Constitution of the Socialist Republic of Vietnam;
This Law amends and supplements a number of articles of the Penal Code which
was adopted on June 27, 1985, amended and supplemented on December 28, 1989,
August 12, 1991 and December 22, 1992 by the National Assembly of the Socialist
Republic of Vietnam.
Article 1.- To amend and
supplement a number of articles of the Penal Code regarding corruption offenses
as follows:
1. Article 133 on embezzlement
of socialist property is amended and supplemented as follows:
"Article 133.- Embezzlement
of socialist property
1. A person who abuses his/her
position and power to misappropriate socialist property which he/she has the
responsibility to manage and which has a value of from five million to under
one hundred million VND or less than five million VND but the offense causes
serious consequences, is committed more than once or the offender has been
disciplined but commits the offense again, shall be subject to a prison term of
from two to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
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b/ Employing a perfidious and
dangerous move;
c/ The misappropriated property
has a value of from one hundred million to under three hundred million VND;
d/ Committing the offense more
than once;
e/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ In an organized manner;
b/ The misappropriated property
has a value of from three hundred million to under five hundred million VND;
c/ The offense involves more
than one factor described in Clause 2 of this Article;
d/ Causing very serious
consequences.
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a/ The misappropriated property
has a value of five hundred million VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article;
c/ Causing exceptionally serious
consequences."
2. To supplement the following
Article 134a "Abusing ones position and power to misappropriate socialist
property by fraud":
"Article 134a.- Abusing
ones position and power to misappropriate socialist property by fraud
1. A person who abuses his/her
position and power and employs a perfidious move to misappropriate socialist
property which has a value of from five million to under one hundred million
VND or less than five million VND but the offense causes serious consequences,
is committed more than once, or the offender has been disciplined but still
commits the offense again, shall be subject to a prison term of from two to
seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner
b/ Employing a perfidious and
dangerous move;
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d/ Committing the offense more
than once;
e/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The misappropriated property
has a value of from three hundred million to under five hundred million VND;
c/ The offense involves more
than one factor described in Clause 2 of this Article;
d/ Causing very serious
consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to life imprisonment
or capital punishment:
a/ The misappropriated property
has a value of five hundred million VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article;
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3. To supplement the following
Article 137a "Abusing ones position and power to illegally use socialist
property":
"Article 137a.- Abusing
ones position and power to illegally use socialist property
1. A person who abuses his/her
position and power to illegally use socialist property and cause serious
consequences or who has been disciplined but commits the offense again, shall
be subject to a prison term of from one to five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ In an organized manner
b/ Committing the offense more
than once;
c/ Causing very serious
consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from ten to fifteen years:
a/ The offense involves more
than one factor described in Clause 2 of this Article;
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4. Article 156 on abusing ones
position and power to misappropriate property of citizens is amended and
supplemented as follows:
"Article 156.- Abusing ones
position and power to misappropriate property of citizens
1. A person who abuses his/her
position and power to misappropriate other peoples property which has a value
of from five million to under one hundred million VND or less than five million
VND but such offense causes serious consequences or is committed more than
once, or the offender has been disciplined but commits the offense again, shall
be subject to a prison term of from one to six years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from six to thirteen years:
a/ In an organized manner
b/ Employing a perfidious and
dangerous move;
c/ The misappropriated property
has a value of from one hundred million to under three hundred million VND;
d/ Committing the offense more
than once
e/ Causing serious consequences.
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3. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of from
thirteen to twenty years:
a/ The misappropriated property
has a value of from three hundred million to under five hundred million VND;
b/ The offense involves more
than one factor described in Clause 2 of this Article;
c/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ The misappropriated property has
a value of five hundred million VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article;
c/ Causing exceptionally serious
consequences."
5. Article 175 on establishing
illegal funds is amended and supplemented as follows:
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1. A person who abuses his/her
position and power to establish an illegal fund which has a value of from fifty
million to under two hundred million VND and uses this fund and causes serious
consequences or the offender has been disciplined or punished administratively
but commits the offense again, shall be subject to a prison term of from one to
five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ Employing perfidious moves to
circumvent inspection;
b/ The offense is committed in
order to carry out another offense;
c/ The illegal fund has a value
of from two hundred million to under five hundred million VND;
d/ Causing very serious
consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from ten to fifteen years:
a/ The illegal fund has a value
of from five hundred million to under one billion VND;
b/ The offense involves more
than one factor described in Clause 2 of this Article;
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4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The illegal fund has a value
of one billion VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article."
6. Article 221 on abusing ones
position and power or abuses ones own power while performing an official duty
is amended and supplemented as follows:
"Article 221.- Abusing ones
position and power while performing an official duty
1. A person who, for his/her
self interest or another personal motive, abuses his/her position and power to
perform his/her official duty wrongly, causing damage to the interests of the
State and society, the legitimate rights or interests of citizens, shall be
subject to a prison term of from one to five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ In an organized manner;;
b/ Committing the offense more
than once;
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3. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of from
ten to fifteen years:
a/ The offense involves more
than one factor described in Clause 2 of this Article;
b/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The offense involves more
than one factor described in Clause 3 of this Article.
b/ Causing exceptionally serious
consequences."
7. To supplement the following
Article 221a "Abusing ones power while performing an official duty":
"Article 221a.- Abusing
ones power while performing an official duty
1. A person who, for his/her
self-interest or another personal motive, acts ultra vires and performs his/her
official duty wrongly to harm the interests of the State and society, the
legitimate rights or interests of citizens, shall be subject to a prison term
of from two to seven years.
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a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The offense involves more
than one factor described in Clause 2 of this Article;
b/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ The offense involves more
than one factor described in Clause 3 of this Article.
b/ Causing exceptionally serious
consequences."
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"Article 224.- Falsifying
documents
1. A person who, for his/her own
profits or another personal motive, abuses his/her position and power to commit
one of the following acts shall be subject to a prison term of from one to
seven years:
a/ Changing or falsifying the
contents of documents and papers;
b/ Forging papers and issuing
forged papers;
c/ Forging the signature of a
person of rank or power.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner;
b/ The offender is the person
responsible for elaborating or issuing the papers and documents;
c/ Committing the offense more
than once;
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3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years
a/ The offense involves more
than one factor described in Clause 2 of this Article;
b/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ The offense involves more
than one factor described in Clause 3 of this Article;
b/ Causing exceptionally serious
consequences."
9. Article 226 on accepting
bribes is amended and supplemented as follows:
"Article 226.- Accepting
bribes
1. A person who abuses his/her
position and power to, directly or through an intermediary, accept money, a
property or another material interest in any form which has a value of from
five hundred thousand to under ten million VND or less than five hundred
thousand VND but the offense causes serious consequences or is committed more
than once, or the offender has been disciplined but still commits the offense
again so as to discharge or refuse a certain work for the interest or at the
request of the bribe giver, shall be subject to a prison term of from two to
seven years.
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a/ In an organized manner;
b/ The offender asks for bribes,
causes hassles or employs a perfidious move;
c/ The bribe has a value of from
ten million to under thirty million VND;
d/ The offender knows well that
the bribe is socialist property;
e/ Committing the offense more
than once;
f/ Abusing his/her position and
power;
g/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen years to twenty years:
a/ The bribe has a value of from
thirty million to under fifty million VND;
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c/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment
a/ The bribe has a value of
fifty million VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
c/ Causing exceptionally serious
consequences.
10. Article 227 on offering
bribes and acting as an intermediary for bribery is amended and supplemented as
follows:
"Article 227.- Offering
bribes, acting as an intermediary for bribery
1. A person who offers a bribe
or acts as an intermediary for bribery, and the bribe has a value of from five
hundred thousand to under ten million VND or less than five hundred thousand VND
but the offense causes serious consequences or is committed more than once,
shall be subject to a prison term of from one to six years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from six to thirteen years:
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b/ Employing perfidious moves;
c/ The bribe has a value of from
ten million to under thirty million VND;
d/ Committing the offense more
than once;
e/ Using socialist property as
the bribe;
f/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from thirteen years to twenty years:
a/ The bribe has a value of from
thirty million to under fifty million VND;
b/ The offense involves more
than one factor described in Clause 2 of this Article.
c/ Causing very serious
consequences.
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a/ The bribe has a value of
fifty million VND or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
c/ Causing exceptionally serious
consequences.
5. A person who is compelled to
give a bribe and, on his own initiative, reports the offense before it is
exposed, shall be regarded as not guilty and all his/her property used for the
bribery shall be returned to him/her.
A person who has given a bribe,
though not compelled to do so, and on his own initiative, reports the offense
before it is exposed, may be exempted from penal liability and be returned part
or the whole of his/her property used for bribery.
11. To supplement the following
Article 228a "Abusing ones position and power to influence another person
for his/her own profit":
"Article 228a.- Abusing
ones position and power to influence another person for ones own profit
1. A person who abuses his/her
position and power to accept directly or through an intermediary money,
property or another material interest in any form which has a value of from
five hundred thousand to under ten million VND or less than five hundred
thousand VND but the offense causes serious consequences or is committed more
than once, or the offender has been disciplined but commits the offense again,
so as to exert his/her influence to spur another person with a position or
power to discharge or refuse a work under the latters charge or directly
relating to the latters job or to perform an unlawful work, shall be subject to
a prison term of from one to six years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from six to thirteen years:
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b/ The money, property or
another material benefit has a value of from ten million to under thirty
million VND;
c/ Committing the offense more
than once;
d/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from thirteen to twenty years:
a/ The money, property or
another material benefit has a value of from thirty million to under fifty
million VND;
b/ The offense involves more
than one factor described in Clause 2 of this Article;
c/ Causing very serious
consequences.
4. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of
twenty years or life imprisonment:
a/ The money, property or
another material benefit has a value of fifty million VND or more;
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c/ Causing exceptionally serious
consequences."
Article 2.- To
supplement the following Chapter VIIA "Narcotics-related offenses" to
the "Part on Offenses" of the Penal Code:
"Article 185a.- Growing
opium plant or other plants containing narcotics
1. A person who has grown opium
poppy, coca plant, marijuana or other plants containing narcotics, who has been
many times reformed, provided with conditions to stabilize his/her life and has
been punished administratively but still commits the offense again, shall be
subject to a prison term of from six months to three years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from three to seven years:
a/ In an organized manner;
b/ Constituting recidivism.
Article 185b.- Illicit
production of narcotics
1. A person who illicitly
produces narcotics in any form shall be subject to a prison term of from three
to ten years.
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a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ Involving a quantity of the
opium resin, marijuana resin or coca powder weighing from five hundred grams to
under one kilogram;
f/ Involving a quantity of
heroin or cocaine of from five to under thirty grams;
g/ Involving a quantity of
another narcotic in solid form weighing from twenty to under one hundred grams;
h/ Involving a quantity of
another narcotic in liquid form measuring from one hundred to under two hundred
fifty milliliters;
i/ Involving two or more
narcotics with a quantity equivalent to the quantity of the narcotic specified
in from Point e to Point h, Clause 2 of this Article;
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3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of fifteen to twenty years:
a/ The offense is of a
professional character;
b/ Involving a quantity of the
opium resin, marijuana resin or coca powder weighing from one to under five
kilograms;
c/ Involving a quantity of
heroin or cocaine weighing from thirty to under one hundred grams;
d/ Involving a quantity of
another narcotic substance in solid form weighing from one hundred to under
three hundred grams;
e/ Involving a quantity of
another narcotic in liquid form measuring from two hundred fifty to under seven
hundred fifty milliliters;
f/ Involving two or more
narcotics with a quantity equivalent to the quantity of the narcotic specified
in from Point b to Point e, Clause 3 of this Article;
g/ Involving more than one
factor described in Clause 2 of this Article.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment.
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b/ Involving a quantity of
heroin or cocaine weighing one hundred grams or more;
c/ Involving a quantity of
another narcotic in solid form weighing three hundred grams or more;
d/ Involving a quantity of
another narcotic in liquid form measuring seven hundred fifty milliliters or
more;
e/ Involving two or more
narcotics with a quantity equivalent to the quantity of the narcotic specified
in from Point a to Point d, Clause 4 of this Article;
f/ The offense involves more
than one factor described in Clause 3 of this Article.
Article 185c.- Illegally storing
narcotics
1. A person who illegally stores
narcotics shall be subject to a prison term of from two to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner;
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c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ Involving a quantity of opium
resin, marijuana resin or coca condensate weighing from five hundred grams to
under one kilogram;
f/ Involving a quantity of
heroin or cocaine weighing from five to under thirty grams;
g/ Involving a quantity of
leaves, flowers and fruit of the marijuana plant or leaves of the coca plant
weighing from ten to under twenty five kilograms;
h/ Involving a quantity of dried
opium fruit weighing from fifty to under two hundred kilograms;
i/ Involving a quantity of fresh
opium fruit weighing from ten to under fifty kilograms;
j/ Involving a quantity of
another narcotic in solid form weighing from twenty to under one hundred grams;
k/ Involving a quantity of
another narcotic in liquid form measuring from one hundred to under two hundred
fifty milliliters;
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m/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of fifteen to twenty years:
a/ Involving a quantity of the
opium resin, marijuana resin or coca condensate weighing from one to under five
kilograms;
b/ Involving a quantity of heroin
or cocaine weighing from thirty to under one hundred grams;
c/ Involving a quantity of
leaves, flowers and fruit of the marijuana plant or leaves of the coca plant
weighing from twenty five to under seventy five kilograms;
d/ Involving a quantity of dried
opium fruit weighing from two hundred to under six hundred kilograms;
e/ Involving a quantity of fresh
opium fruit weighing from fifty to under one hundred fifty kilograms;
f/ Involving a quantity of
another narcotic substance in solid form weighing from one hundred to under
three hundred grams;
g/ Involving a quantity of
another narcotic in liquid form measuring from two hundred fifty to under seven
hundred fifty milliliters;
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i/ Involving more than one
factor described in Clause 2 of this Article.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment.
a/ Involving a quantity of the
opium resin, marijuana resin or coca condensate weighing of five kilograms or
more;
b/ Involving a quantity of
heroin or cocaine weighing one hundred grams or more;
c/ Involving a quantity of
leaves, flowers and fruit of the marijuana plant or leaves of the coca plant,
weighing seventy five kilograms or more;
d/ Involving a quantity of dried
opium fruit weighing six hundred kilograms or more;
e/ Involving a quantity of fresh
opium fruit weighing one hundred fifty kilograms or more;
f/ Involving a quantity of
another narcotic in solid form weighing three hundred grams or more;
g/ Involving a quantity of
another narcotic in liquid form measuring seven hundred fifty milliliters or
more;
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i/ Involving more than one
factor described in Clause 3 of this Article.
Article 185d.- Illegally
transporting narcotics
1. A person who illegally
transports narcotics shall be subject to a prison term of from two to seven
years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to thirteen years:
a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ Transporting the narcotics
across the border;
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g/ Involving a quantity of a
narcotic specified in from Point e to Point l, Clause 2 of Article 185c;
h/ Constituting dangerous
recidivism.
3. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of from
fifteen to twenty years:
a/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 3 of Article
185c;
b/ The offense involves more than
one factor described in Clause 2 of this Article.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 4 of Article
185c;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
Article 185e.- Trafficking in
narcotics
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2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from ten to fifteen years:
a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ Earning big illegal profits;
f/ Transporting narcotics across
the border;
g/ Employing a minor or minors
in the offense;
h/ The narcotic quantity is
equivalent to that specified in from Point e to Point l, Clause 2 of Article
185c;
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3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The offense is of a
professional character;
b/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 3 of Article
185c;
c/ The offense involves more
than one factor described in Clause 2 of this Article.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 4 of Article
185c;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
Article 185f.- Appropriating
narcotics
1. A person who appropriates
narcotics in any form shall be subject to a prison term of from three to ten
years.
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a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ Employing a weapon or a dangerous
means;
f/ The narcotic quantity is
equivalent to that specified in from Point e to Point l, Clause 2 of Article
185c;
g/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 3 of Article
185c;
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4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ The narcotic quantity is
equivalent to that specified in from Point a to Point h, Clause 4 of Article
185c;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
Article 185g.- Storing,
transporting, trafficking in or appropriating raw materials for the illicit
production of narcotics
1. A person who stores,
transports, trafficks in or appropriate raw materials for the illegal
production of narcotics shall be subject to a fine of from twenty million and
one hundred million VND or a prison term of from one to six years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from six to thirteen years:
a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
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e/ The raw materials weigh from
two hundred to under five hundred grams
f/ Transporting the raw
materials across the border;
g/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from thirteen to twenty years:
a/ The raw materials weigh from
five hundred to under one thousand two hundred grams;
b/ The offense is committed in
more than one circumstances specified in Clause 2 of this Article.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ The raw materials weigh one
thousand two hundred grams or more;
b/ The offense involves more
than one factor described in Clause 3 of this Article.
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1. A person who manufactures,
stores, transports or trafficks in equipment and implements used for the illegal
production or use of narcotics shall be subject to a fine of from twenty
million to one hundred million VND or a prison term of from one to five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ In an organized manner;
b/ Committing the offense more
than once;
c/ Abusing his/her position and
power;
d/ Misusing the name of an
agency or organization;
e/ The means and tools used in
the offense are in large quantities;
f/ Transporting the equipment
and implements across the border;
g/ Constituting dangerous
recidivism.
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1. A person who organizes the
illegal use of narcotics in any form shall be subject to a prison term of two
to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ Committing the offense more
than once;
b/ Affecting a large number of
people;
c/ Affecting minors of from full
thirteen years of age or more;
d/ Affecting women who, to the
full knowledge of the offender, are pregnant;
e/ Affecting people who are
giving up their addictive habit;
f/ Causing great harm to others
health or forming a bad habit to another person;
g/ Transmitting dangerous
diseases to other people;
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3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ Causing death;
b/ Causing great harm to many
peoples health or forming a bad habit to many people;
c/ Transmitting dangerous
diseases to many people;
d/ Involving more than one
factor described in Clause 2 of this Article;
e/ Against children under thirteen
years of age.
4. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ Involving more than one
factor described in Clause 3 of this Article;
b/ Causing death to many people
or other exceptionally serious consequences.
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1. A person who leases or lends
a place to shelter the illegal use of narcotics or commits any other act for this
purpose shall be subject to a fine of from twenty million to two hundred
million VND or a prison term of from two to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ Abusing his/her position and
power;
b/ Committing the offense more
than once;
c/ Causing harm to many people;
d/ Constituting dangerous
recidivism.
Article 185k.- Illegal use of
narcotics
1. A person who illegally uses
narcotics in any form, has been many times reformed and administratively
punished by forcible admission to a medical establishment for compulsory
treatment but who continues to illegally use narcotics, shall be subject to a
prison term of from three months to two years.
2. A recidivist of this offense
shall be subject to a prison term of from two to five years.
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1. A person who coerces or
induces other people to illegally use narcotics shall be subject to a prison
term of from two to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner;
b/ Committing the offense more
than once;
c/ The offense is committed with
a vicious motive;
d/ Doing harm to minors of from
full thirteen years of age;
e/ Doing harm to a woman who, to
his/her full knowledge, is pregnant;
f/ Doing harm to many people;
g/ Doing harm to a person who is
giving up his/her addictive habit;
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i/ Transmitting a dangerous
disease to another person;
j/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years.
a/ Causing death;
b/ The offense seriously damages
the health of many people or forms a bad habit to many people;
c/ Transmitting a dangerous
disease to many people;
d/ The offense involves more
than one factor described in Clause 2 of this Article;
e/ The offender forces or
induces children under 13 years of age.
4. A person who commits the offense
in one of the following circumstances shall be subject to life imprisonment or
capital punishment:
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b/ Causing many deaths or other
exceptionally serious consequences.
Article 185m.- Violating
regulations on the management and use of addictive drugs or other narcotics
1. A person who is responsible
for the production, import, export, purchase and sale, transport, preservation,
distribution, allocation or use of addictive drugs or other narcotics and
violates regulations on the management and use of such substances, shall be
subject to a fine of from ten million and one hundred million VND or a prison
term of from two to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner;
b/ For his/her own profits;
c/ Committing the offense more
than once;
d/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
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b/ Causing very serious
consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ The offense involves more
than one factor described in Clause 3 of this Article
b/ Causing exceptionally serious
consequences.
Article 185n.- Additional
penalties
1. A person who commits the
offense described in Article 185a may be subject to a fine of from five million
and fifty million VND.
A person who commits the offense
described in Article 185l or Article 185m shall be subject to a fine of from
ten million to one hundred million VND.
A person who commits one of the
offenses described in from Article 185b to Article 185j shall be subject to a
fine of from twenty million to five hundred million VND or confiscation of part
or the whole of his/her property.
2. A person who commits one of
the offenses described in from Article 185b to Article 185h or in Article 185m
shall be forbidden to hold certain posts or do certain jobs or work for two to
five years.
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Article 3.-
To amend and supplement a number of articles of the Penal Code on the sexual
offenses against minors as follows:
1. To supplement the following
Article 112a "Child rape"
"Article 112a.- Child rape
1. A person who commits a rape
on child from full 13 years to under 16 years of age shall be subject to a
prison term of from seven to fifteen years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ The offense is of an
incestuous nature;
b/ Causing pregnancy to the
victim;
c/ Seriously damaging the victims
health;
d/ The victim is under the
offenders tutorship, education or medical treatment;
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3. A person who commits the
offense in one of the following circumstances shall be subject to life
imprisonment or capital punishment:
a/ In an organized manner;
b/ More than one person commit
rape on a person;
c/ Committing the offense more
than once;
d/ Causing very serious damage
to the victims health;
e/ Leading to the victims death
or suicide.
4. All cases of sexual intercourse
with children under full thirteen years of age shall constitute a rape and the
offender shall be subject to a prison term of twenty years, life imprisonment
or capital punishment."
2. To supplement the following
Article 113a "Forcible sexual intercourse with minors":
"Article 113a.- Forcible
sexual intercourse with minor
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2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to thirteen years:
a/ Forcible sexual intercourse
with a child from full thirteen years to under sixteen years of age;
b/ Of an incestuous nature;
c/ Causing pregnancy to the
victim;
d/ Seriously damaging the
victims health;
e/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from thirteen to twenty years:
a/ More than one person commit a
forcible sexual intercourse against another person;
b/ Committing the offense more
than once;
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4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ Leading to the victims death
or suicide;
b/ The offense involves more
than one factor described in Clause 3 of this Article."
3. Article 114 on sexual
intercourse with persons under sixteen years of age is amended and supplemented
as follows:
"Article 114.- Sexual
intercourse with children
1. An adult who commits a sexual
intercourse with a child of from full thirteen years to under sixteen years of
age shall be subject to a prison term of from one to five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ Committing the offense more
than once;
b/ The offense is of an incestuous
nature;
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d/ Seriously damaging the
victims health;
3. A person who commits the
offense involving more than one factor described in Clause 2 of this Article
shall be subject to a prison term of from ten to fifteen years."
4. Article 202 on harboring or
procuring prostitutes is amended and supplemented as follows:
"Article 202.- Harboring or
procuring prostitutes
1. A person who harbors, seduces
or procures another person into practicing prostitution shall be subject to a
prison term of from one to seven years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ Coercing another person into
prostitution;
b/ Committing the offense more
than once;
c/ Against a minor of from full
sixteen years to under eighteen years of age;
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e/ Constituting dangerous
recidivism;
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years:
a/ Against a minor of from full
thirteen years to under sixteen years of age;
b/ The offense is committed in
more than one circumstance described in Article 2 of this Article;
c/ Causing very serious consequences.
4. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of twenty years or life imprisonment:
a/ The offense involves more
than one factor described in Article 3 of this Article;
b/ Causing exceptionally serious
consequences."
5. To supplement the following
Article 202a "Buying sex of minors":
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1. A person who buys sex of a
minor of from full sixteen to under eighteen years of age shall be subject to a
prison term of from one to five years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ Committing the offense more
than once;
b/ Causing serious consequences.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from ten to fifteen years:
a/ Buying sex of a child from
full thirteen to under sixteen years of age;
b/ The offense is committed in more
than one circumstances specified in Article 2 of this Article;
c/ Causing very serious
consequences."
6. To supplement the following
Article 202b "Sexual harassment against children":
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1. A person who sexually
harasses a child shall be subject to a prison term of from six months to three
years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from three to seven years:
a/ Committing the offense more
than once;
b/ Committing the offense
against more than one child;
c/ The offense is committed
against a child under the offenders tutorship, education or medical treatment;
d/ Causing serious consequences;
e/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven and twelve years:
a/ The offense involves more
than one factor described in Clause 2 of this Article;
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Article 4.-
To amend and supplement a number of relevant articles and Clauses of the Penal
Code as follows:
1. Article 39 on aggravating
circumstances is amended and supplemented as follows:
"Article 39.- Aggravating
circumstances
1. Only the following circumstances
are regarded as aggravating:
a/ To commit an offense in an
organized manner; to instigate a minor to commit an offense;
b/ To take advantage of the
situation of war, a natural disaster or other exceptionally difficult social
situations to commit an offense;
c/ To take advantage of a high
position to commit an offense;
d/ To commit an offense when
serving a penalty;
e/ To employ a cruel or
perfidious move while committing an offense or a move likely to cause harm to
many people;
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g/ To commit an offense with a
heinous motive; to intentionally consummate an offense;
h/ To commit an offense which
causes serious consequences;
i/ To commit an offense more
than once; recidivism and dangerous recidivism;
j/ After committing an offense,
to take perfidious and violent acts in order to escape or conceal the offense.
2. The circumstances which have
been regarded as the elements constituting an offense or the bases for
determining the penalty shall not be considered as aggravating
circumstances."
2. Article 100 on additional penalties
is amended and supplemented as follows:
"Article 100.- Additional
penalties
1. A Vietnamese citizen who
commits one of the offenses in Section A shall be stripped of a number of
citizens rights for one to five years; and who commits one of the offenses in
Section B may be stripped of a number of citizens rights for one to five years.
2. A Vietnamese citizen who
commits one of the offenses in Section A or one of the offenses specified in
Article 87, Article 88, in from Article 94 to Article 99, shall be subject to
probation or be forbidden to reside in a certain locality or certain localities
for one to five years.
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A person who commits one of the
offense described in Articles 88, 95, 96, 98 and 99 may be subject to a fine of
from three hundred thousand to three million VND; and who commits the offense
described in Article 97 shall be subject to a fine up to ten times the value of
the illegal goods.
4. A person who commits one of
the offenses in Section A shall be subject to confiscation of part or the whole
of his/her property; and who commits one of the offenses described in Article
88, in from Article 94 to Article 98, may be subject to confiscation of part or
the whole of his/her property."
3. Article 112 on rape is
amended and supplemented as follows:
"Article 112.- Rape
1. A person who uses violence or
another move to have sexual intercourse with another person against the latters
will shall be subject to a prison term of from two to seven years.
A person who rapes a minor of
from full sixteen years to under 18 years of age or a person under the
offenders tutorship, education or medical treatment shall be subject to a
prison term of from five to ten years.
2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from seven to fifteen years:
a/ In an organized manner;
b/ More than one person rape a
person;
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d/ The offense is of an
incestuous nature;
e/ Causing pregnancy to the
victim;
f/ Seriously damaging the
victims health;
g/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from fifteen to twenty years or life imprisonment:
a/ Causing very seriously damage
to the victims health;
b/ The offense involves more
than one factor described in Clause 2 of this Article;
4. A person who commits the
offense in one of the following cases shall be subject to life imprisonment or
capital punishment:
a/ Causing the victims death or
suicide;
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4. Article 113 on forcible
sexual intercourse is amended and supplemented as follows:
"Article 113.- Forcible
sexual intercourse
1. A person who employs every
move to make a person who is dependent on him/her or a person who is in a dire
situation to reluctantly have sexual intercourse with him/her shall be subject
to a prison term of from six months to five years.
2. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of from
five to ten years:
a/ More than one person commit a
forcible sexual intercourse with another person;
b/ Committing the offense more
than once;
c/ Being of an incestuous
nature;
d/ Causing pregnancy to the
victim;
e/ Seriously damaging the
victims health;
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3. A person who commits the
offense in one of the following cases shall be subject to a prison term of from
ten to eighteen years:
a/ Leading to the victims death
or suicide;
b/ The offense involves more
than one factor described in Clause 2 of this Article."
5. Article 118 on additional
penalties is amended and supplemented as follows:
"Article 118.- Additional
penalties
1. A person who commits one of
the offenses described in from Article 101 to Article 105 and in Articles 107,
112, 112a, 113 and 113a, may be forbidden to hold certain posts, do certain
jobs or work for from two to five years.
2. A person who commits one of
the offenses described in Article 101, 112a and 115 may be subject to probation
or forbidden to reside in a certain locality or certain localities for from one
to five years."
6. Article 134 on appropriating
socialist property by fraud is amended and supplemented as follows:
"Article 134.-
Misappropriating socialist property by fraud
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2. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five and twelve years:
a/ In an organized manner;
b/ The offense is of a
professional character;
c/ Employing a perfidious and
dangerous move;
d/ The misappropriated property is
of great value;
e/ Misusing the name of an
agency or organization;
f/ Causing serious consequences;
g/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from twelve to eighteen years:
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b/ The offense involves more
than one factor described in Clause 2 of this Article;
c/ Causing very serious
consequences.
4. A person who commits the offense
in one of the following circumstances shall be subject to a prison term of from
eighteen to twenty years, life imprisonment or capital punishment:
a/ The misappropriated property
is of especially great value;
b/ The offense involves more
than one factor described in Clause 3 of this Article;
c/ Causing exceptionally serious
consequences."
7. Article 137 on illegal use of
socialist property is amended and supplemented as follows:
"Article 137.- Illegal use
of socialist property
1. A person who, for his/her
self-interest, illegally uses socialist property and causes serious
consequences or who has been administratively punished but commits the offense
again, shall be subject to a prison term of from three months to two years.
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a/ Committing the offense more
than once;
b/ Causing serious consequences;
c/ Constituting dangerous
recidivism.
3. A person who commits the
offense in one of the following circumstances shall be subject to a prison term
of from five to ten years:
a/ Causing exceptionally serious
consequences;
b/ The offense involves more
than one factor described in Clause 2 of this Article;
8. Article 142 on additional
penalties is amended and supplemented as follows:
"Article 142.- Additional
penalties
1. A person who commits one of
the offenses described in Article 133, Article 134a, Point d, Clause 2 of
Article 135, Article 137a and Article 139, shall be forbidden to hold posts of
managing socialist property for from two to five years.
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3. A person who commits one of
the offenses described in this Chapter, except for those described in Articles
136, 139 and 140, may, depending on the serious ness of the offense, be subject
to a fine of up to thirty million VND and confiscation of part or the whole of
his/her property or either of these two penalties."
9. Article 218 on additional
penalties is amended and supplemented as follows:
"Article 218.- Additional
penalties
1. A person who commits one of
the offenses described in from Article 186 to Article 191 and from Article 195
to Article 197, may be forbidden to hold certain posts, do certain jobs or work
for two to five years.
2. A person who commits one of
the offenses described in from Article 199 to Article 202 may be subject to
probation or forbidden to reside in a certain locality or certain localities
for one to five years.
3. A person who commits one of
the offenses described in from Article 199 to Article 202, shall be subject to
a fine of from one and five million VND and may be subject to confiscation of
part of his/her property."
10. Article 229 on additional
penalties is amended and supplemented as follows:
"Article 229.- Additional
penalties
1. A person who commits one of
the offenses described in this Chapter may be forbidden to hold certain posts
for two to five years.
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A person who commits one of the
offenses described in Articles 226, 227, 228 and 228a shall be subject to a
fine from one and five times the value of the bribe or confiscation of part or
the whole of his/her property."
11. Article 246 on concealing an
offense is amended and supplemented as follows:
"Article 246.- Concealing
offenses
1. A person, without prior
promise, conceals one of the offenses described in the following articles,
shall be subject to non-custodial reformation for up to two years or a prison
term of from six months to five years:
- From Article 72 to Article 85
on exceptionally dangerous offenses detrimental to national security; Article
87 (hijacking aircraft and vessels); Article 94, Clause 2 (destroying
facilities and installations vital to national security); Article 95, Clauses 2
and 3 (illegally manufacturing, storing, using and trafficking in or
misappropriating weapons or military equipment); Article 96, Clauses 2 and 3
(illegally manufacturing, storing, using, trafficking or misappropriating
explosives, inflammables, toxics or radioactive substances); Article 97,
Clauses 2 and 3 (smuggling or illegally transporting goods and currencies
across the border); Article 98 (forging currencies, storing or circulating
forged currencies, destroying currencies);
- Article 101 (murder); Article
112, Clauses 2,3 and 4 (rape); Article 112a (rape on children); Article 113a
(forcible sexual intercourse with minors); Article 115, Clause 2 (trading in
women);
- Article 129 (robbery of
socialist property); Article 132, Clauses 2 and 3 (theft of socialist
property); Article 133, Clauses 2, 3 and 4 (embezzlement of socialist
property); Article 134a, Clauses 2, 3 and 4 (abusing ones position and power to
misappropriate socialist property by fraud); Article 137a, Clauses 2 and 3
(abusing ones position and power to illegally use socialist property); Article
138, Clauses 2 and 3 (destroying or intentionally causing damage to socialist
property);
- Article 149, Clause 2 (kidnapping,
trading in or fraudulently exchanging children);
- Article 151 (robbery of
citizens property); Article 152 (kidnapping with the intent to misappropriate
citizens property); Article 156, Clauses 2, 3 and 4 (abusing ones position and
power to misappropriate property of citizens);
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- Article 185a, Clause 2
(growing opium poppy or other plants containing narcotics); Article 185b
(illegally manufacturing narcotics); Article 185c (illegally storing
narcotics); Article 185d (illegally transporting narcotics); Article 185e
(Illegally buying and selling narcotics); Article 185f (misappropriating
narcotics); Article 185g (storing, transporting, buying, selling or
misappropriating raw materials for illegal manufacture of narcotics); Article
185h, Clause 2 (storing, transporting, buying or selling equipment and
implements for illegal manufacture or use of narcotics); Article 185i
(organizing the illegal use of narcotics); Article 185j (harboring the illegal
use of narcotics); Article 185 l (forcing or inducing other persons to
illegally use narcotics); Article 185m (violating regulations on management and
use of addictive drugs or other narcotics);
- Article 202a, Clauses 2, 3 and
4 (buying sex of minors); Article 202b, Clauses 2, 3 and 4 (sexual harassment
against children);
- Article 221, Clauses 2, 3 and 4
(abusing one�s position and power while performing an official duty); Article 221a,
Clauses 2, 3 and 4 (abusing one�s power while performing an official duty);
Article 224, Clauses 2, 3 and 4 (falsifying documents); Article 226, Clauses 2,
3 and 4 (accepting bribes); Article 227, Clauses 2, 3 and 4 (giving bribes,
acting as intermediary for bribery); Article 228a, Clauses 2, 3 and 4 (abusing
ones position and power to influence other persons for ones own profits);
- Article 245, Clause 2
(escaping from a place of detention).
2. A person who commits an
offense by abusing his/her position and power to obstruct the discovery of an
offense or commits other acts of covering up an offender, shall be subject to a
prison term of from five to ten years."
12. Article 247 on failing to
denounce offenses is amended and supplemented as follows:
"Article 247.- Failing to
denounce offenses
1. A person who is in full
knowledge of one of the offenses described in the following articles, which is
being prepared or has been committed, but fails to denounce it, shall be
subject to warning, non-custodial reformation for up to one year or a prison
term of from three months and three years:
- From Article 72 to Article 85
on exceptionally dangerous offenses detrimental to national security; Article
87 (hijacking aircraft and vessels); Article 94, Clause 2 (destroying
facilities and installations vital to national security); Article 95, Clauses 2
and 3 (illegally manufacturing, storing, using and trafficking in or
misappropriating weapons or military equipment); Article 96, Clauses 2 and 3
(illegally manufacturing, storing, using, trafficking in or misappropriating
explosives, inflammables, toxic or radioactive substances); Article 98 (forging
currencies, storing or circulating forged currencies, destroying currencies);
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- Article 129 (robbery of
socialist property); Article 132, Clauses 2 and 3 (theft of socialist
property); Article 133, Clauses 2, 3 and 4 (embezzlement of socialist
property); Article 134a, Clauses 2, 3 and 4 (abusing one's position and power
to misappropriate socialist property by fraud); Article 137a, Clauses 2 and 3
(abusing ones position and power to illegally use socialist property); Article
138, Clauses 2 and 3 (intentionally destroying or damaging socialist property);
- Article 151 (robbery of
citizens property); Article 152 (kidnapping with the intent to misappropriate
citizens property); Article 156, Clauses 2, 3 and 4 (abusing ones position and
power to misappropriate property of citizens);
- Article 165, Clauses 2 and 3
(speculation); Article 172, Clauses 2 and 3 (misappropriating stamps and
coupons, forging and circulating forged stamps and coupons or papers used in
distribution); Article 174, Clauses 2 and 3 (intentionally contravening State
regulations on economic management and causing serious consequences); Article
175, Clauses 2, 3 and 4 (establishing illegal funds);
- Article 185a, Clause 2
(growing opium poppy or other plants containing narcotics); Article 185b
(illegally manufacturing narcotics); Article 185c (illegally storing
narcotics); Article 185d (illegally transporting narcotics); Article 185e
(illegally buying and selling narcotics); Article 185f (misappropriating
narcotics); Article 185g (storing, transporting, trafficking in or
misappropriating raw materials for illegal manufacture of narcotics); Article
185h, Clause 2 (storing, transporting or trafficking in equipment and
implements for illegal manufacture or use of narcotics); Article 185i
(organizing the illegal use of narcotics); Article 185j (harboring the illegal
use of narcotics); Article 185l (forcing or inducing other persons to illegally
use narcotics); Article 185m (violating regulations on the management and use
of addictive drugs or other narcotics);
- Article 202a, Clauses 2, 3 and
4 (buying sex of minors); Article 202b, Clauses 2, 3 and 4 (sexual harassment
against children);
- Article 221, Clauses 2, 3 and
4 (abusing ones position and power while performing an official duty); Article
221a, Clauses 2, 3 and 4 (abusing ones power while performing an official
duty); Article 224, Clauses 2, 3 and 4 (falsifying documents); Article 226,
Clauses 2, 3 and 4 (accepting bribes); Article 227, Clauses 2, 3 and 4 (giving
bribes, acting as intermediary for bribery); Article 228a, Clauses 2, 3 and 4
(abusing ones position and power to influence other persons for ones own
profits);
- Article 245, Clause 2
(escaping from a place of detention).
2. A person who fails to
denounce an offense but takes an act to dissuade the offender or restrict the
bad affect of the offense may be exempt from penal liability or a
penalty."
Article 5.- To
replace the following articles in the "Part on Offenses" of the Penal
Code:
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2. Article 203 (organizing the
illegal use of narcotics) is replaced with Article 185i.
3. The group of words
"Article 96a" in Clause 1, Article 168 (illegal trading) and in Clause
2, Article 169 (tax evasion) is replaced with the group of words "185b,
185c, 185d and 185e".
This Law was adopted on May 10,
1997 by the IXth National Assembly of the Socialist Republic of Vietnam at its
11th session.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh