NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 100/2015/QH13
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Hanoi, November 27, 2015
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CRIMINAL CODE
Pursuant
to Constitution of Socialist Republic of Vietnam;
The
National Assembly promulgates the Criminal Code.
Part
One
GENERAL PROVISIONS
Chapter
I
BASIC CLAUSES
Article
1. Objectives of the Criminal Code
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This
document provides for crimes and sentences.
Article
2. Basis of criminal liability
1. No one
who commits a criminal offence that is not regulated by the Criminal Code has
to incur criminal liability.
2. No
corporate legal entity that commits a criminal offence that is not regulated in
Article 76 hereof has to incur criminal liability.
Article
3. Rules for punishing crimes
1. With
regard to criminals:
a) Every
crime committed by a person must be discovered promptly and dealt with quickly
and fairly in compliance with law;
b) All
criminals are equal before the law regardless of gender, ethnicity, belief,
religion, social class or social status;
c)
Instigation of crimes, masterminds or obstinacy, gangster-like crimes,
dangerous recidivism, abuse of positions or power to commit criminal offences
shall be strictly punished;
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Leniency
shall be showed towards criminals who turn themselves in; show cooperative
attitudes; inform on accomplices; made reparation in an effort to atone for
their crimes; express contrition; voluntarily compensate for damage they
inflict;
dd) A
person who commit a less serious crime for the first time may serve a community
sentence (mandatory supervision by family or an organization);
e) People
sentenced to imprisonment shall serve their sentences at prisons and must
improve themselves to become effective and productive citizens; commutation or conditional
parole shall be granted to people who satisfy conditions set out in this
document;
g) People
who have served their sentences are enabled to live and work honesty and fit
into society; criminal records shall be expunged when all conditions are satisfied.
2. With
regard to corporate legal entities that commit criminal offences:
a) Every
criminal offence committed by a corporate legal entity must be discovered
promptly and dealt with quickly and fairly in compliance with law;
b) All
corporate legal entities that commit criminal offences are equal before the law
regardless of type of business and economic sector;
c)
Criminal offences committed by deceitful methods; organized crimes, deliberate
infliction of extremely serious consequences shall be strictly punished;
d)
Leniency shall be showed towards corporate legal entities that are cooperative
during the proceeding, voluntarily compensate for damage they inflict,
proactively prevent or alleviate consequences.
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1. Police
authorities, the People’s Procuracies, People’s Courts and other authorities
concerned shall perform their functions, duties and authority; provide guidance
and assistance for other state agencies, organizations and individuals in
prevention and fight against crimes, supervision and education of criminals in
the community.
2.
Organizations are responsible for raising the awareness of people under their
management of protection and compliance with the law, respect for socialism
rules; promptly take measures for eliminate causes and conditions of crimes
within their organizations.
3. Every
citizen has the duty to participate in prevention and fight against crimes.
Chapter
II
EFFECT OF THE CRIMINAL CODE
Article
5. Effect of the Criminal Code on criminal offences committed within the
territory of the Socialist Republic of Vietnam
1. The
Criminal Code applies to every criminal offence committed within the territory
of the Socialist Republic of Vietnam.
It also
applies to criminal offences committed on sea-going vessels and airplanes
having Vietnamese nationality or operating in Vietnam’s exclusive economic
zones or continental shelves or consequences thereof.
2.
Criminal liability of foreigners who commit criminal offences within the
territory of Socialist Republic of Vietnam and are granted diplomatic immunity
according to Vietnam’s law or under an international agreement to which
Socialist Republic of Vietnam is a signatory or according to international
practice shall be dealt with in accordance with the international agreement or
practice. If the case is not set out in any international agreement or there is
no such international practice, their criminal liability shall be dealt with in
a diplomatic manner.
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1. Any
Vietnamese citizen or Vietnamese corporate legal entity that commits an act
outside the territory of Socialist Republic of Vietnam which is defined as a
criminal offence by this document shall face criminal prosecution in Vietnam as
prescribed by this document.
This
clause also applies to stateless residents of Vietnam.
2. Any
foreigner or foreign corporate legal entity that commit a criminal offence
outside the territory of Socialist Republic of Vietnam shall face criminal
prosecution as prescribed by this document if such offence infringes the lawful
rights and interests of Vietnamese citizens or interest of Socialist Republic
of Vietnam or under a international agreement to which Vietnam is a signatory.
3. Where
a criminal offence or its consequence occurs on an airplane or sea-going vessel
that does not have Vietnamese nationality at sea or outside Vietnam's airspace,
the offender shall face criminal prosecution under an international agreement
to which Vietnam is a signatory, if any.
Article
7. Chronological effect of Criminal Code
1. A
provision of law effective at the same time as the commission of the criminal
offence shall be applied to such criminal offence.
2. A
provision of law that provides for a new crime, a more severe sentence, a new
aggravating factor or reduce the scope of suspended sentences, exemption from
criminal liability, removal of criminal responsibility, exemption from
sentence, commutation or conviction expungement which is less favorable shall
not be applied to criminal offences committed before such provision of law
comes into force.
3. A
provision of law that removes a new crime, a sentence, a aggravating factor or
provides for a less severe sentence, a new mitigating factor or increase the
scope of suspended sentence, exemption or conviction expungement of criminal
liability, exemption from sentence, commutation, conditional parole or
conviction expungement and other provisions which is more favorable may be
applied to criminal offences committed before such provisions of law comes into
force.
Chapter
III
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Article
8. Definition of crime
1. A
crime means an act that is dangerous for society and defined in Criminal Code,
is committed by a person who has criminal capacity of corporate legal entity,
whether deliberately or involuntarily, infringes the sovereignty and
territorial integrity of the nation, infringes the political regime, economic
regime, culture, national defense and security, social order and safety, the
lawful rights and interests of organizations, human rights, the lawful rights
and interests of citizens, other aspects of socialist law and leads to criminal
prosecution as prescribed by this document.
2. An act
that resembles a crime but is actually not remarkably dangerous for society is
not a crime and shall be dealt with otherwise.
Article
9. Classification of crimes
Crimes
defined in this document are classified into four categories according to their
nature and danger to society:
1. Less
serious crime means a crime whose danger to society is not significant and for
which the maximum sentence defined by this document is a fine, community
sentence (non-custodial) or 3 years' imprisonment;
2. Serious
crime means a crime whose danger to society is significant and for which the
maximum sentence of the bracket defined by this document is from over 3 years'
to 7 years' imprisonment;
3. Very
serious crime means a crime whose danger to society is great and for which the
maximum sentence of the bracket defined by this document is from over 7 years'
to 15 years' imprisonment;
4.
Extremely serious crime means a crime whose danger to society is enormous and
for which the maximum sentence of the bracket defined by this document is from
over 15 years' to 20 years' imprisonment, life imprisonment or death.
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Cases of
deliberate crimes:
1. The
offender is aware of the danger to society of his/her act, foresees
consequences of such act and wants such consequences to occur;
2. The
offender is aware of the danger to society of his/her act, foresees
consequences of such act, does not want such consequences to occur but
deliberately lets them occur.
Article
11. Involuntary crimes
Cases of
involuntary crimes:
1. The
offender is aware of the danger to society of his/her act but believes that
consequences would not occur or could be prevented;
2. The
offender is not aware of the danger to society of his/her act though the
consequences have to be foreseen and could be foreseen.
Article
12. Age of criminal responsibility
1. A
person from 16 years of age and above shall bear criminal responsibility for
every crime, except for those otherwise prescribed by this document.
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a)
Article 143 (Sexual abuse); Article 150 (Human trafficking); Article 151
(Trafficking of people under 16 years of age);
b)
Article 170 (Extortion); Article 171 (Snatching); Article 173 (Theft of
property); Article 178 (Vandalism or deliberate destruction of property);
c)
Article 248 (Illegal production of narcotic substances); Article 249 (Illegal
possession of narcotic substances; Article 250 (Illegal trafficking of narcotic
substance; Article 251 (Illegal trading of narcotic substances); Article 252
(Appropriation of narcotic substances);
d)
Article 265 (Organization of illegal racing); Article 266 (Illegal racing);
dd)
Article 285 (Producing, dealing in tools, equipment, software programs serving
illegal purposes); Article 286 (Spreading software programs harmful to computer
networks, telecommunications network or electronic devices); Article 287
(Obstruction or disruption of computer network, telecommunications network or
electronic devices); Article 289 (Illegal access to others' computer network,
telecommunications network or electronic devices); Article 290 (Appropriation
of property by computer network, telecommunications network or electronic
devices);
e)
Article 299 (Terrorism); Article 303 (Destruction of works, facilities or
vehicles important to national security); Article 304 (Illegal fabrication,
possession, trafficking, use, trading or appropriation of military weapons or
military equipment).
Article
13. Crimes committed under the influence of alcohol or other strong stimulants
A person
who has lost his/her awareness or control of his/her acts because of influence
of alcohol or other strong stimulants still has to bear criminal
responsibility.
Article
14. Preparation for crimes
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2. A
person who prepares for any of the following crimes shall bear criminal
responsibility:
a)
Article 108 (High treason); Article 110 (Espionage); Article 111 (Infringement
upon territory); Article 112 (Rebellion); Article 113 (Terrorism aimed to
oppose the people's authority); Article 114 (Sabotage of technical facilities
of Socialist Republic of Vietnam); Article 117 (Fabrication, possession,
spreading or dissemination of information, materials, items for opposing the
government of Socialist Republic of Vietnam; Article 118 (Disruption of
security); Article 119 (Disruption of detention facility); Article 120
(Organizing, coercing, instigating illegal emigration for the purpose of
opposing the people's authority); Article 121 (Illegal emigration for the
purpose of opposing the people's authority);
b)
Article 123 (Murder); Article 134 (Deliberate infliction of bodily harm upon
another person);
C)
Article 168 (Robbery); Article 169 (Kidnapping for ransom);
d) Article
299 (Terrorism); Article 300 (terrorism financing); Article 301 (Taking
hostages); Article 302 (Piracy); Article 303 (Destruction of works, facilities,
vehicles important to national security); Article 324 (Money laundering).
3. A
person from 14 to under 16 years of age who prepares for any of the crimes
specified in Point b and Point c Clause 2 of this Article has to bear criminal
responsibility.
Article
15. Attempts
An
attempt to commit a crime means an intent and conduct towards completion of a
crime that does not occur for reasons not intended by the criminal.
The
person who commits an unsuccessful crime has to take criminal responsibility.
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Voluntary
termination commission of a crime means a person's voluntarily stopping
committing the crime without anything stopping him/her from committing such
crime.
Anyone
who voluntarily terminates the commission of a crime is exempt from criminal
responsibility; if the committed acts constitute another crime, the offender
shall bear criminal responsibility for such other crime.
Article
17. Complicity
1.
Complicity is a situation in which two or more people deliberately commit the
same crime.
2.
Organized crime is a form of complicity in which the accomplices cooperate
closely in committing the crime.
3. An
accomplice means an organizer, perpetrator, instigator or abettor.
Perpetrator
means the person who directly commits the crime.
Organizer
means the mastermind behind the commission of the crime.
Instigator
means the person entice or encourage other people to commit the crime.
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4. The
accomplice shall not take criminal responsibility for unjustified force used by
the perpetrator.
Article
18. Concealment of crimes
1. Any
person who, without prior promises and after knowing that a crime has been
committed, harbors the criminal, conceals the traces or exhibits of the crime
or commits other acts that obstruct the discovery, investigation and taking of
actions against the criminal shall bear criminal responsibility for concealment
of crimes in the cases defined by this document.
2. A
person who conceals the crime shall not bear criminal responsibility as
specified in Clause 1 of this Article if he/she is a grandparent, parent,
child, niece/nephew, sibling, spouse of the offender, except for concealment of
crimes against national security or other extremely serious crimes specified in
Article 389 hereof.
Article
19. Misprision
1. Any
person who knows that a crime is being prepared, being carried out or has been
carried out but fails to report it shall bear criminal responsibility for
misprision in the circumstances specified in Article 389 hereof.
2. A
person who fails to report the crime shall not bear criminal responsibility as
specified 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 crimes against national security or other extremely serious crimes
specified in Article 389 hereof.
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 specified in
Clause 1 of this Article, except for failure to report crimes against national
security or other extremely serious crimes specified in Article 389 hereof.
Chapter
IV
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Article
20. Unexpected events
The
person who commits an act that results in harmful consequences is exempt from
criminal responsibility if such consequences cannot be foreseen or have to be
foreseen.
Article
21. Lack of criminal capacity
A person
who commits an act that is dangerous to society is suffering from a mental
disease or another disease that causes him/her to lose his/her awareness or
control of his/her behaviors is exempt from criminal responsibility.
Article
22. Justifiable force
1.
Justifiable force in self-defense means the a person's use of force which is
reasonably necessary to defend against another person's infringement upon
his/her legitimate rights or interests of himself/herself, other people, the
State, organizations.
The use
of justifiable force does not constitute a criminal offence.
2.
Unjustified force in self-defense means the use of force which is more than
reasonably necessary and not appropriate for the nature and danger to society
posed by the infringement.
The
person who uses unjustified force in self-defense shall take criminal
responsibility as prescribed by this document.
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1. An
urgent circumstance is a circumstance in which there is no other way but an
amount of damage has to be inflicted in order to prevent a greater damage to
lawful rights and interests of oneself, another person, the State or an
organization.
The act
of inflicting damage in an urgent circumstance does not constitute a criminal
offense.
2. If
the damage inflicted is reasonably unnecessary in the urgent circumstance, the
person who inflicts such damage shall bear criminal responsibility.
Article
24. Infliction of bodily harm while capturing criminals
1. If
violence and infliction of bodily harm to a criminal is the only way to capture
him/her, the use of violence in this case does not constitute a criminal
offence.
2. If the
bodily harm inflicted by the use of violence is obviously more than necessary,
the person who inflicts such damage shall bear criminal responsibility.
Article
25. Risks from researches, experiments, application of technological advances
The
infliction of damage during the conduction of a research, experiment or
application of technological advances does not constitute a criminal offence
provided the procedures and regulations are complied with and all preventive
measures are taken.
The
person who fails to comply with the procedures, regulations or take all
preventive measures and causes damage shall bear criminal responsibility.
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A person
who inflicts damage while following an order of his/her commander or superior
in the army to perform national defense and security duties is exempt from
criminal responsibility if he/she complies with procedures for reporting to the
order giver but the order giver still request that the order be followed. In
this case, the order giver shall bear criminal responsibility.
This
provision does not apply to the cases specified in Clause 2 Article 421, Clause
2 Article 422 and Clause 2 Article 423 hereof.
Chapter
V
TIME LIMIT FOR CRIMINAL PROSECUTION;
EXEMPTION FROM CRIMINAL RESPONSIBILITY
Article
27. Time limit for criminal prosecution
1. The
time limit for criminal prosecution is a time limit set out by this document
and upon the expiration of which the offender does not face any criminal
prosecution.
2. Time
limits for criminal prosecution:
a) 05
years for less serious crimes;
b) 10
years for serious crimes;
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d) 20
years for extremely serious crimes.
3. The
time limit for criminal prosecution begins from the day on which the crime is
committed. During the time limit set out in Clause 2 of this Article, if the
offender commits another crime for which the maximum sentence is over 1 year's
imprisonment, the time limit for prosecution for the previous crime will be
reset and begins from the day on which the new crime is committed.
During
the time limit set out in Clause 2 of this Article, if the offender
deliberately evades capture and a wanted notice has been issued, the time limit
will begin when he/she turns himself/herself in or gets arrested.
Article
28. Non-application of time limit for criminal prosecution
Time
limit for criminal prosecution does not apply to the following crimes:
1. Infringement
of national security specified in Chapter XIII hereof;
2.
Disturbing the peace, crimes against humanity and war crimes specified in
Chapter XXVI hereof;
3.
Embezzlement in the circumstances specified in Clause 3 and Clause 4 Article
353 hereof; acceptance of bribes in the circumstances specified in Clause 3 and
Clause 4 Article 254 hereof.
Article
29. Basis for exemption from criminal responsibility
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a) A
policy or law is changed during the process of investigation, prosecution or
trial and accordingly, the offender's act is no longer dangerous to society;
b) A
general amnesty is granted.
2. A
criminal offender might be exempt from criminal responsibility on one of the
following bases:
a) The
situation is changed during the process of investigation, prosecution or trial
and accordingly, the offender is no longer dangerous to society;
b) The
offender has a fatal disease during the process of investigation, prosecution
or trial and no longer poses a threat to society;
c) The
offender confesses his/her crime, contributes to the crime discovery and
investigation; minimizes the damage inflicted by his/her crime, have made
reparation or special contributions that are recognized by the State and
society.
3. The
person who involuntarily commits a less serious crime or a serious crime and
causes damage to life, health, honor or property of others will be exempt from
criminal responsibility if the aggrieved person or his/he representative
voluntarily seeks reconciliation and requests exemption from criminal
responsibility
Chapter
VI
SENTENCES
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A
sentence means the most severe coercive measure of the State specified in this
document, taken by the Court against a person or corporate legal entity that
commits a crime in order to deprive of or limit their rights and/or interests.
Article
31. Purposes of sentences
Sentences
are meant not only for punishing people and corporate legal entities that
commit criminal offences, but also raising awareness of compliance with law,
preventing them from committing other crimes, educating other people and
corporate legal entities in compliance with the law, prevention of and fight
against crimes.
Article
32. Sentences against criminals
1.
Primary sentences:
a)
Warning;
b) Fine;
c)
Community sentence;
d)
Expulsion;
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e) Life
imprisonment;
g) Death
sentence.
2.
Additional sentences:
a)
Prohibition from holding certain positions or doing certain works;
b)
Prohibition from residence;
c)
Mandatory supervision;
d)
Deprivation of certain citizenship rights;
dd)
Confiscation of property;
e) Fine
if no administrative penalties are imposed;
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3. The
offender shall incur only one primary sentence for a crime committed and
possibly one or more additional sentences
Article
33. Sentences against business entities committing crimes
1.
Primary sentences:
b) Fine;
b)
Suspension of operation;
c)
Permanent shutdown.
2.
Additional sentences:
a) Ban
from operating in certain fields;
b)
Prohibition from raising capital;
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3. The
corporate legal entity shall incur only one primary sentence for a criminal
offence committed and possibly one or more additional sentences.
Article
34. Warning
Warning
is imposed upon people who commit less serious crimes and have multiple
mitigating factors but are not eligible for exemption from sentence.
Article
35. Fine
1. Fine
is imposed as a primary sentence against:
a) People
who commit less serious crimes or serious crimes defined by this document;
b) People
who commit very serious crimes against the law on economics, environment,
public order, public safety and other crimes defined by this document.
2. Fine
is imposed as an additional sentence against people committing crimes related
to corruption, drugs or other crimes defined by this document.
3. The
fine level depends on the nature and level of danger of the crime with account
taken of the offender's property, fluctuation of prices. Nevertheless, the fine
must not fall under VND 1,000,000.
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Article
36. Community sentence
1.
6-month to 3-year community sentence shall be imposed upon people who commit
less serious crimes or serious crimes defined by this Law and have stable jobs
or fixed residences and do not have to be isolated from society.
If the
convict has been kept in temporary detention, the duration of temporary
detention shall be deducted from the duration of community sentence: 01 day of
temporary detention equals (=) 03 days of community sentence.
2. The
person sentenced to community sentence shall be supervised and educated by the
organization or agency for which he/she works or the People’s Committee of the
commune where he/she resides. The family of the convict has the responsibility
to cooperate with such agency or organization or the People’s Committee of the
commune in supervising and educating him/her.
3. While
serving the sentence, the convict must fulfill certain duties according to
regulations on community sentence and part of his income (5% - 20%) shall be
extracted to pay to state budget on a monthly basis. In special cases, the
court might not require income deduction and specify the reason in the
judgment.
The
income of a sentenced person who is doing his/her military service shall not be
deducted.
4. If the
person sentenced to community sentence is unemployed or loses his/her job while
serving the sentence, he/she must do works serving the community during the
period of community sentence.
The
duration of community serving must not exceeds 04 hours per day and 05 days per
week.
This
measure must not be applied to pregnant women, women raising children under 06
months of age, old and weak people, people having fatal diseases, people having
severe disabilities or extremely severe disabilities.
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Article
37. Expulsion
Expulsion
means the act of forcing sentenced foreigners to leave the territory of
Socialist Republic of Vietnam.
Expulsion
shall be imposed as a primary sentence or additional sentence on a case-by-case
basis.
Article
38. Determinate imprisonment
1.
Determinate imprisonment means forcing the convict to serve his/her sentence in
a detention facility over a certain period of time.
The
duration of determinate imprisonment imposed upon an offender is from 03 months
to 20 years.
The
duration of temporary detention shall be deducted from the imprisonment
duration; 01 day of temporary detention equals (=) 01 day in prison.
2.
Determinate imprisonment shall not be imposed upon a person who commits a less
serious crime for the first time and has a fixed residence.
Article
39. Life imprisonment
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Life imprisonment
shall not be imposed upon offenders under 18 years of age (hereinafter referred
to as juvenile offenders).
Article
40. Death sentence
1. Death
sentence is a special sentence imposed upon people committing extremely serious
crimes that infringe national security, human life, drug-related crimes,
corruption-related crimes and some other extremely serious crimes defined by
this document.
2. Life
imprisonment shall not be imposed upon juvenile offenders, women who are
pregnant or raising children under 36 months of age and people from 75 years of
age or older when they commit the crime or during trial.
3. The
life sentence shall not be executed in the following circumstances:
a) The
convict is pregnant or a woman raising a child under 36 months of age;
b) The
sentenced person is 75 years of age or older;
c) The
person sentenced to death for embezzlement or taking bribes, after being
sentenced, has returned at least three quarters of the property embezzled or
bribes taken, closely cooperates with the authorities in the process of
investigation or trial or has made reparation in an effort to atone for the
crime.
4. In the
circumstances specified in Clause 3 of this Article or the death sentence is
commuted, the death sentence shall be replaced with life imprisonment.
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Prohibition
from holding certain positions or doing certain works shall be imposed when the
convict is deemed to cause harm to society if he/she is allowed to hold the
positions or do the works.
The
duration of prohibition is from 01 to 05 years from the end of the imprisonment
or from the effective date of the judgment if the primary sentence is a
warning, fine or community sentence or the convict is given a suspended
sentence.
Article
42. Prohibition from residence
Prohibition
from residence means preventing the person sentenced to imprisonment from
temporarily or permanently residing in certain administrative divisions.
The
duration of prohibition is from 01 to 05 years from the end of the
imprisonment.
Article
43. Mandatory supervision
Mandatory
supervision means forcing a person sentenced to imprisonment to reside, work
and live within a defined area under the supervision of the local authority and
local people. During this period, the convict must not leave the commune
without permission, has some citizenship rights deprived of as prescribed in
Article 44 hereof and is banned from doing certain works.
Mandatory
supervision shall be imposed upon people committing crimes against national
security, dangerous recidivism and other crimes prescribed by this document
shall be kept under surveillance.
The
duration of mandatory supervision is from 01 to 05 years from the end of the
imprisonment.
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1. A
Vietnamese citizen sentenced to imprisonment for infringement of national
security or other crimes prescribed by this document shall have one or some of
the following citizenship rights derived of:
a) The
right to nominate oneself for a post in the authorities;
b) The
right to work in regulatory agencies and serve in the people's army.
2. The
duration of citizenship right deprivation is from 01 to 05 years from the end
of the imprisonment or from the effective date of the judgment if the convict given
a suspended sentence.
Article
45. Confiscation of property
Confiscation
of property means confiscation and transfer of part of or all of property under
the ownership of the convict to state budget.
Confiscation
of property shall only be imposed upon people who are convicted of serious
crimes, very serious crimes or extremely serious crimes against national
security, drug-related crimes, corruption or other crimes prescribed by this
document.
Confiscation
of property shall be so carried out that the convict and his/her family are
still able to carry on their life.
Chapter
VII
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Article
46. Judicial measures
1.
Judicial measures taken against a person committing a crime include:
a)
Confiscation of money and items directly related to the crime;
b)
Return, repair of property or provision of compensation; offering of public
apology;
c)
Mandatory disease treatment.
2.
Judicial measures taken against a corporate legal entity committing a crime
include:
a)
Confiscation of money and items directly related to the crime;
b)
Return, repair of property or provision of compensation; offering of public
apology;
c)
Restoration of original state;
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Article
47. Confiscation of money and items directly related to the crime
1.
Expropriation or destruction shall be applied to:
a)
Instruments, vehicles used for the commission of the crime;
b) Items
or money earned from the commission of the crime or from selling, exchanging
them; illegal profits earned from the commission of the crime;
c) Items
banned from trading by the State.
2. Items
and money illegally appropriated or used by the offender shall be returned to
their lawful owners or managers instead of being confiscated.
3. Items,
money under the ownership of a person might be confiscated if such person
allows the offender to use them for the commission of the crime.
Article
48. Return, repair of property or provision of compensation; offering of public
apology
1. The
offender must return appropriated property to its lawful owner or manager, make
repair or provide compensation for the damage caused by the crime.
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Article
49. Mandatory disease treatment
1. A
person who commits an act dangerous to society while suffering from a disease
specified in Article 21 hereof, the Procuracy or Court, according to the
forensic examination conclusion or mental forensic examination, shall decide to
send him/her to a specialized medical facility for mandatory treatment.
2. If a
person has criminal capacity when committing the crime but loses his/her
awareness or control of his/her acts before conviction, according to the
forensic examination conclusion or mental forensic examination, the Court may
decide to send him/her to a specialized medical facility for mandatory
treatment. After the disease is treated, that person might bear criminal
responsibility.
3. If a
person serving an imprisonment sentence suffers from a diseases that causes
him/her to loses his/her awareness or control of his/her acts, according to the
forensic examination conclusion or mental forensic examination, the Court may
decide to send him/her to a specialized medical facility for mandatory
treatment. After the disease is treated, that person shall keep serving the
sentence if there are no reasons to do otherwise.
The
duration of mandatory treatment shall be deducted from the imprisonment
duration.
Chapter
VIII
DECISION ON SENTENCES
Section
1. GENERAL PROVISIONS
Article
50. Basis for decision on sentences
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2. When
imposing a fine, apart from the basis specified in Clause 1 of this Article,
the Court shall also consider the offender's property and ability to pay the
fine.
Article
51. Mitigating factors
1. The
following circumstances are considered mitigating factors:
a) The
offender has prevented or reduced the harm caused by the crime;
b) The
offender voluntarily makes rectification, pays damages or relieves the
consequences;
c) The
crime is considered unjustified force in self-defense;
d) The
crime is considered unjustified force in urgent circumstance;
dd) The
crime is considered unjustified force in capturing a criminal;
e) The
crime is committed under provocation caused by the victim's illegal acts;
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h) The
crime has not inflicted damage or the damage inflicted is not significant;
i) The
offender commits a less serious crime and does not have prior criminal record;
k) The
crime is committed because the offender threatened or coerced by others;
l) The
offender commits the crime while because of lack of awareness that is not on
his/her account;
m) The
crime is committed due to obsolescence;
n) The
offender is a pregnant woman;
o) The
offender is 70 years of age or older;
p) The
offender has a serious physical disability or extremely serious physical
disability;
g) The
offender has a disease that limits his/her awareness or control of his/her
acts;
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s) The
offender expresses cooperative attitude or contrition;
t) The
offender arduously assisting the agencies concerned in discovery of crimes or
investigation;
u) The
offender has made reparation in an effort to atone for the crime;
v) The
offender is an excellent worker, soldier or student;
x) The
offender is a parent, spouse or child of a war martyr or war veteran.
2. When
issuing a decision on sentences, the Court might consider the offender's
turning himself/herself in or other circumstances as mitigating factors and
specify the reasons in the judgment.
3. If a
circumstance defined as a mitigating factor this document is the basis for
determination of a crime or sentence bracket, it shall not be considered a
mitigating factor in the decision on sentences.
Article
52. Aggravating factors
1. The
following circumstances are considered aggravating factors:
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b) The
crime is committed in a professional manner;
c) The
offender abuses his/her position or power to commit the crime;
d) The
crime is of a gangster-like nature;
dd) The
crime is committed by despicable motives;
e) The
offender is determined to commit the crime to the end;
g) The
offence has been committed more than once;
h)
Recidivism or dangerous recidivism;
i) The
crime is committed against a person under 16 years of age, pregnant woman or a
person aged 70 years or older;
k) The
crime is committed against a defenseless person, a person having a serious
physical disability or extremely serious physical disability, a person whose
awareness is limited or a person who is financially, spiritually,
professionally or otherwise dependent on the offender;
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m) The
offender makes use of a sophisticated, deceitful or ruthless trick to commit
the crime;
n) The
offender uses a trick or instrument capable of harming many people to commit
the crime;
o) The
offender incites a person aged under 18 to commit the crime;
p) The
offender has deceitful or violent actions to conceal the crime.
2.
Circumstances defined by this document as the basis for determination of a
crime or sentence bracket shall not be considered an aggravating factor.
Article
53. Recidivism and dangerous recidivism
1.
Recidivism is a situation in which a person who has an unspent conviction for
the same offence and deliberately commits a very serious crime or involuntarily
commits an extremely serious crime.
2.
Dangerous recidivism is a situation in which:
a) A
person who has an unspent conviction for a deliberate very serious crime or
extremely serious crime deliberately commits a very serious crime or an extremely
serious crime;
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Section
2. DECISION ON SENTENCES IN PARTICULAR CASES
Article
54. Decision on a sentence below lower limit of the sentence bracket.
1. The
Court may decide a sentence lighter than the lower limit of the current
sentence bracket if it is in the next lighter bracket provided the offender has
at least two mitigating factors specified in Clause 1 Article 51 hereof.
2. The
Court may decide a sentence below the lower limit of the current sentence
bracket and it is not required to belong to the next lighter bracket provided
the offender is an abettor with a minor role in the offense and does not have
prior criminal record.
3. If all
of the conditions specified in Clause 1 or Clause 2 of this Article are
satisfied but there is only one sentence bracket or the current sentence
bracket is already most lenient, the Court may switch over to a lighter
sentence. The reasons for imposition of a lighter sentence must be specified in
the judgment.
Article
55. Decision on sentence for multiple crimes
When a
person is tried for multiple crimes, the Court shall decide the sentence for
each of them and combined sentence as follows:
1.
Primary sentence:
a) If all
of the sentences imposed are community sentence or determinate imprisonment,
they shall be combined. The combined sentence shall not exceed 03 years for
community sentence and 30 years for determinate imprisonment;
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c) If the
most severe sentence among the sentences imposed is life imprisonment, the
combined sentence shall be life imprisonment;
d) If the
most severe sentence among the sentences imposed is death sentence, the
combined sentence shall be death sentence;
dd) Fines
shall be aggregated and shall not be combined with other sentences;
e)
Expulsion shall not be combined with other sentences;
2.
Additional sentence:
a) If all
of the sentences imposed are of the same type, the combined sentence shall not
exceed the limit imposed by this document; fines shall be aggregated;
b) If the
sentences imposed are of various types, the convict must serve all of them.
Article
56. Combination of sentences of multiple judgments
1. If a
person who is serving a sentence is tried for a crime committed before such
sentence is imposed, the Court shall decide the sentence for the crime being
tried and then the combined sentence as prescribed in Article 55 hereof.
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2. When a
person who is serving a sentence is tried for a new crime, the Court shall
decide the sentence for the new crime, then aggregate it with the unserved part
of the sentence to make the combined sentence as prescribed in Article 55
hereof.
3. If
a person is serving multiple sentences that are not combined, the executive
judge of the Court shall issue a decision on a combined sentence as prescribed
in Clause 1 and Clause 2 of this Article.
Article
57. Decision on sentences for preparation of crimes or unsuccessful crimes
1. A
sentence for preparation of a crime or unsuccessful crime shall be decided in
accordance with Articles on corresponding crimes hereof and vary according to
their nature, danger to society, progress of the crime and other factors that
prevent the crime from being committed to the end.
2. The
sentence for preparation of a crime shall be imposed within the sentence
brackets in particular provisions of law.
3. The
maximum sentence for the unsuccessful crime shall be 20 years if the maximum
sentence provided for by corresponding provision of law is life imprisonment or
death sentence. The maximum sentence for an unsuccessful crime shall not exceed
three quarters of the determinate imprisonment sentence provided for by the
corresponding provision of law.
Article
58. Decision on sentence for complicacy
When
imposing sentences upon accomplices, the Court must consider the nature of
complicacy and the degree of participation of each accomplice.
Mitigating
factors, aggravating factors or from criminal responsibility of an accomplice
shall only apply to that accomplice.
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The
offender might be exempt from punishment in the circumstances specified in
Clause 1 and Clause 2 Article 54 hereof, provided he/she deserves the leniency
but not to a degree eligible for exemption from criminal responsibility.
Chapter
IX
TIME LIMIT FOR JUDGMENT EXECUTION,
EXEMPTION FROM SERVING SENTENCES, REDUCTION OF SENTENCE DURATION
Article
60. Time limit for judgment execution
1. The
time limit for execution of a criminal judgment means a limited period of time
defined by this document after which the convicted person or corporate legal
entity is no longer required to serve the given sentence.
2. Time
limits for execution of a sentence imposed upon a person:
a) 05 years
if the sentence is a fine, community sentence or imprisonment of 03 years or
shorter;
b) 10
years if the sentence is imprisonment of from over 03 years to 15 years;
c) 15
years if the sentence is imprisonment of from over 15 years to 30 years;
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3. Time
limits for execution of a sentence imposed upon a corporate legal entity is 05
years.
4. The
time limit for execution of a sentence begins from its effective date. Within
the time limit set out in Clause 2 and Clause 3 of this Article, if the
convicted person or corporate legal entity commits a new crime, the time limit
will be reset and begins from the day on which the new crime is committed.
5. During
the time limit set out in Clause 2 of this Article, if the convicted
deliberately avoid and has a wanted decision, the time limit will begin when
he/she turns himself/herself in or gets arrested.
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 and Chapter XXVI hereof.
Article
62. Exemption from serving sentences
1. A
convict shall be exempt from serving his/her sentence in the event of a parole
or general amnesty.
2. The
Court, at the request of Director of the Procuracy, might exempt a person who
is sentenced to community sentence or imprisonment of up to 03 years and has
not served that sentence from serving the sentence in any of the following
circumstances:
a) The
convict has made reparation in an effort to atone for the crime after being
convicted;
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c) The
convict abides by law, his/her family is facing extreme hardship and he/she is
considered no longer dangerous to society.
3. The
Court, at the request of Director of the Procuracy, might exempt a person who
is sentenced to imprisonment of over 03 years and has not served that sentence
from serving the sentence if he/she has made reparation in an effort to atone
for the crime or has a fatal disease and considered no longer dangerous to
society.
4. If a
person who is sentenced to imprisonment of up to 03 years, has had the sentence
suspended and has made reparation in an effort to atone for the crime during
the suspension period or abides by law or his/her family is facing extreme
hardship and he/she is deemed no longer dangerous to society, the Court, at the
request of Director of the Procuracy, might exempt him/her from serving the
rest of the sentence.
5. If a
fined person has served part of the sentence and is facing prolonged financial
hardship due to a natural disaster, conflagration, accident or disease and thus
no longer able to pay the remaining fine or has made reparation in an effort to
atone for the crime, the Court, at the request of Director of the Procuracy,
might exempt him/her from paying the remaining fine.
6. If a
person prohibited from residence or kept under mandatory supervision has served
at least half the sentence and shows remarkable improvements, the Court, at the
request of the criminal sentence execution authority of the district where
he/she serves the sentence, might exempt him/her from serving the rest of the
sentence.
7. The
person exempt from serving a sentence as set out in this Article must fulfill
the civil obligations specified in the judgment.
Article
63. Commutation of sentence
1. If a
person who is sentenced to community sentence, determinate imprisonment or life
imprisonment has served the sentence for a sufficient period of time, shows
improvements and has fulfilled part of the civil liability, the Court, at the
request of a competent criminal sentence execution authority, might issue a
decision on commutation of the sentence.
The
convict must serve the sentence for a sufficient period of time which is one
third of the duration of community sentence or determinate imprisonment or 12
years of the life sentence.
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The first
commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a
life sentence must be served for at least 20 years in reality regardless of the
number of commutations.
3. If a
person is convicted of multiple crimes and the sentence for one of which is
life imprisonment, the Court may only give the first commutation to 30-year
imprisonment after the convict has served the sentence for 15 years.
Nevertheless, he/she must serve the sentence for at least 25 years in reality
regardless of the number of commutations.
4. If a
person who has received a commutation commits a new crime that is less serious,
the Court may only give the first commutation after he/she has served haft of
the combined sentence.
5. If a
person who has received a commutation commits a new crime that is serious, very
serious or extremely serious, the Court may only give the first commutation
after he/she has served two thirds of the combined sentence. If the combined
sentence is life, commutation shall be considered in accordance with Clause 3
of this Article.
6. With
regard a person who is sentenced to death and receives a commutation or a
person sentenced to death in the circumstances specified in Point b or Point c
Clause 3 Article 40 hereof, the first commutation may only be given after the
convict has served the sentence for 25 years. Nevertheless, he/she must serve
the sentence for at least 30 years in reality.
Article
64. Commutation under special circumstances
If the
convict deserves further leniency (he/she has made reparation in an effort to
atone for the crime, is too old and weak or has a fatal disease), the Court may
consider giving a commutation sooner or at a greater degree than those set out
in Article 63 hereof.
Article
65. Suspended sentences
1. Where
a person is sentenced to imprisonment of up to 03 years, in consideration of
the offender's records and mitigating factors, the Court might give a suspended
sentence with a probation period of 1 - 5 years and request the convict to
fulfill certain obligations during this period in accordance with the Law on
criminal sentence execution if imprisonment is deem unnecessary.
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3. The
court may impose additional sentences upon the convict if provided for by the
applied provision of law.
4. After
the convict has completed half the duration of the probation and shows
improvements, at the request of the supervising agency/organization, the Court
shall consider reducing the probation period.
5. During
the probation period, if the convict deliberately fails to fulfill his/her
obligations twice or more as prescribed by the Law on criminal sentence
execution, the Court might require him/her to serve the sentence. If the
convict commits a new crime, the Court shall force him/her to serve a combined
sentence of the suspended sentenced and the new sentence as prescribed in
Article 56 hereof.
Article
66. Conditional parole
1. A
person serving an imprisonment sentence (prisoner) 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 convicted of a serious crime, very serious crime or extremely serious
crime has received a commutation;
d) The
prisoner has a fixed residence;
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e) The
prisoner has served at least half of determinate imprisonment or at least 15
years of life imprisonment commuted to determinate imprisonment.
A
prisoner who is a wounded soldier, sick soldier, member of a martyr's family,
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 commuted to determinate imprisonment;
g) 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) any
prisoner that is convicted of infringement of national security; terrorism,
disruption of peace, crimes against humanity, war crimes; any person sentenced
to 10 years' imprisonment or longer for deliberate infliction of harm to human
life, health or dignity; any person sentenced to 7 years' imprisonment for
robbery, kidnapping for ransom, illegal manufacturing, trading, appropriation
of narcotic substances;
b) any
person sentenced to death and granted commutation or any person in the
circumstances specified in Clause 3 Article 40 hereof.
3. At the
request of a competent criminal sentence execution authority, the Court shall
decide granting parole. The person granted parole must fulfill his/her
obligations during the probation period. The probation period equals (=) the
remaining duration of the imprisonment sentence.
4. If the
person granted parole deliberately fails to fulfill his/her obligations twice
or more or receives 02 or more administrative penalties during the probation
period, the Court might cancel the parole and force him/her to keep serving the
sentence.
If such
person commits a new crime during the probation period, the Court shall force
him/her to serve a combined sentence of the unserved sentenced and the new
sentence as prescribed in Article 56 hereof.
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Article
67. Deferred imprisonment sentence
1. A
person sentenced to imprisonment (the convict) might have the sentence deferred
in the following cases:
a) A
convict suffering from a serious disease may have the sentence deferred until
he/she recovers;
b) A
convict who is a pregnant woman or raising a child under 36 months of age may
have the sentence deferred until the child reaches the age of 36 months;
c) If the
convict is the sole source of income in the family and his/her imprisonment
causes his/her family to face extreme hardship, he/she may have the sentence
deferred for up to 01 year, unless he/she commits a crime against national
security, a very serious crime or extremely serious crime;
b) A
person convicted of a less serious crime may have the sentence deferred for up
to 01 year if required by his/her official duties.
2. During
the deferment, if the convict commits a new crime, the Court shall require
him/her to serve a sentence which is a combination of the deferred sentence and
the new sentence as prescribed in Article 56 hereof.
Article
68. Suspended imprisonment sentence
1. A
person who is serving an imprisonment sentence may have the sentence suspended
in the circumstances specified in Clause 1 Article 67 hereof.
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Chapter
X
CONVICTION EXPUNGEMENT
Article
69. Conviction expungement
1. A
convict may have his conviction expunged in accordance with Article 70 through
73 hereof. A person whose conviction is expunged is treated as if he/she does
not have such conviction.
2. People
convicted of involuntary and less serious crimes or serious crimes and people
exempt from punishments are treated as if they do not have any convictions.
Article
70. Automatic conviction expungement
1.
Automatic conviction expungement is granted to people convicted of crimes other
than those specified in Chapter XIII and Chapter XXVI hereof after they have
served their primary sentences, probation period of a suspended sentence or
when the time limit for sentence execution expires and the conditions specified
in Clause 2 and Clause 3 of this Article are met.
2.
Automatic conviction expungement shall be granted to a convict if he has served
the primary sentence or the probation period of a suspended sentence,
additional punishments, other decisions of the judgment and does not commit any
new crime during the periods specified below:
a) 01
year in case of a warning, fine, community sentence or suspended imprisonment
sentence;
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c) 03
years in case of imprisonment from over 05 years to 15 years;
d) 05
years in case of imprisonment of over 15 years or commuted life imprisonment.
A convict
serving an additional punishment that is mandatory supervision, prohibition
from residence, prohibition from holding certain positions, prohibition from
doing certain jobs, deprivation of certain citizenship rights for a period
longer than those specified in Point a, b and c of this Clause, automatic
conviction expungement shall be granted when he/she finishes serving the
additional punishment.
3.
Automatic conviction expungement shall be granted to a convict if he/she does
not commit any new crime during the period specified in Clause 2 of this
Article from the end of the time limit for sentence execution.
4. The
agency managing criminal record database shall update information about
criminal records of the convicts and issue criminal records which contains
certification of no convictions on request if all conditions specified in
Clause 2 or Clause 3 of this Article are satisfied.
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 after they have served their
primary sentences, probation period of a suspended sentence or when the time
limit for sentence execution expires and the conditions specified in Clause 2
and Clause 3 of this Article are met.
The court
shall decide whether to grant conviction expungement to people convicted of the
criminal offences specified in Chapter XIII and Chapter XXVI hereof in
consideration of the nature of the crimes committed, the convicts' obedience to
the law and working attitude.
2. The
court shall grant conviction expungement if the convict, after serving the primary
sentence or probation period of a suspended sentence 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) 05
years in case of 05 - 15 years' imprisonment;
c) 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 of this Clause, conviction expungement shall be
considered when he/she finishes serving the additional sentence.
3. If a
convict does not commit any new crime during the period specified in Clause 2
of this Article from the expiration of the time limit for sentence execution.
4. If an
application for conviction expungement is rejected for the first time, it may
only be resubmitted after 01 year; if the application for conviction
expungement is rejected for the second time, it may only be resubmitted after
02 years.
Article
72. Special cases of conviction expungement
Where a
convict shows remarkable improvements and has made reparation in an effort to
atone for the crime and conviction expungement is requested by his/her employer
or local authority, the court shall decide to grant conviction expungement if
has served at least one third of the period specified in Clause 2 Article 70
and Clause 2 Article 71 of this Law.
Article
73. Period after which a conviction may be expunged
1. The
period after which a conviction may be expunged specified in Article 70 and
Article 71 hereof depends on the primary sentence.
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3. If the
convict has committed more than one crime and one of which is naturally
eligible for expungement, one of which is eligible for expungement under a
court's decision, the court shall decide expungement according to the period
specified in Article 71 hereof.
4. Where
a person is exempt from serving the remaining sentence, it will be considered
that the sentence has been served.
Chapter
XI
REGULATIONS APPLIED TO COMMERCIAL LEGAL
ENTITIES COMMITTING CRIMINAL OFFENCES
Article
74. Application of Criminal Code to corporate legal entities committing
criminal offences
A
corporate legal entity shall bear criminal responsibility according to this
Chapter, other regulations of Part One hereof that do not contravene this
Chapter.
Article
75. Conditions for a corporate legal entity to bear criminal responsibility
1. A
corporate legal entity shall only bear criminal responsibility if all of the
following conditions are satisfied:
a) The
criminal offence is committed in the name of the corporate legal entity;
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c) The
criminal offence is under instructions or approval of the corporate legal
entity;
d) The
time limit for criminal prosecution specified in Clause 2 and Clause 3 Article
27 hereof has not expired.
2. The
fact that corporate legal entity has criminal responsibility does not exempt
criminal responsibility of individuals.
Article
76. Scope of criminal responsibility of corporate legal entities
A
corporate legal entity shall only bear criminal responsibility for the
following criminal offences:
1.
Article 188 (Smuggling); Article 189 (Illegal trafficking of goods or money
across the border); Article 190 (Manufacture or trading of banned commodities);
Article 191 (Possession or transport of banned commodities); Article 192
(manufacture or trading of counterfeit foods, foodstuff or food additives);
Article 194 (Manufacture of trading of counterfeit medicines for treatment or
prevention of diseases); Article 195 (Manufacture or trading of counterfeit
animal feeds, fertilizers, veterinary medicine, pesticides, plant varieties,
animal breeds); Article 196 (Hoarding); Article 200 (Tax evasion); Article 203
(Illegal printing, issuance, trading of invoices or receipts); Article 209
(Deliberate publishing of false information or concealment of information in
securities activities); Article 210 (Use of internal information to deal in
securities); Article 211 (Cornering the stock market); Article 213 (Commission
of frauds in insurance business); Article 216 (Evasion of social insurance,
health insurance, unemployment insurance payment for employees); Article 217
(Violations against regulations on competition); Article 225 (Infringement of
copyrights and relevant rights); Article 226 (Infringement of industrial
property rights); Article 227 (violations against regulations on survey,
exploration and extraction of natural resources); Article 232 (Violations against
regulations on forest extraction and protection); Article 234 (Violations
against regulations on management and protection of wild animals);
2.
Article 235 (Causing environmental pollution); Article 237 (Violations against
regulations on environmental emergency prevention, response and relief);
Article 238 (Violations against regulations on protection of irrigation works,
embankments and works for protection against natural disasters; Violations
against regulations on protection of river banks); Article 239 (Import of
wastes into Vietnam’s territory); Article 22 (Destruction of aquatic
resources); Article 243 (Forest destruction); Article 244 (Violations against
regulations on management and protection of endangered, rare animals); Article
245 (Violations against regulations on management of wildlife sanctuaries);
Article 246 (Import and spread of invasive alien species).
Article
77. Fine
1. Fine
is imposed as a primary punishment or additional punishment against corporate
legal entities committing criminal offences.
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Article
78. Suspension of operation
1.
Suspension of operation means suspension of a corporate legal entity's
activities in one or some fields in which the corporate legal entity harms
human life, health, the environment, social security or order and the damage
can be repaired in reality.
2. The
suspension period is from 06 months to 03 years.
Article
79. Permanent shutdown
1.
Permanent shutdown means termination of a corporate legal entity's activities
in one or some fields in which the corporate legal entity causes damage or
possibly harms life, health of many people, causes environmental emergencies or
negatively impact social security or order and the damage cannot be repaired.
2. A
corporate legal entity is established for the sole purpose of committing the
criminal offence shall have all of its activities permanently terminated.
Article
80. Ban from operating in certain fields
1. Ban
from certain fields shall be imposed if it is considered that the convicted
corporate legal entity might harm human life, health or society if it keeps
operating in such fields.
2. The
court shall decide the fields from which the convicted entity is banned.
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Article
81. Prohibition from raising capital
1. Prohibition
from raising capital shall be applied if it is considered that the convicted
corporate legal entity might harm human life, health or society if it keeps
operating in such fields.
2. Types
of prohibition from raising capital:
a)
Prohibition from taking loans from banks, credit institutions and or investment
funds;
b)
Prohibition from issuance and securities offering;
c)
Prohibition from raising capital from clients;
d)
Prohibition from cooperation and association both in Vietnam and overseas;
dd) Prohibition
from establishing real estate trusts.
3. The
court shall decide on one or some of the types of prohibition specified in
Clause 2 of this Article.
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Article
82. Judicial measures taken against corporate legal entities committing
criminal offences
1. The
Court may decide to take the following judicial measures against a corporate
legal entity committing criminal offences:
a) The
judicial measures specified in Article 47 and Article 48 hereof;
b)
Compulsory restoration of original state;
c)
Compulsory implementation of some measures for mitigation and prevention of
consequences.
2. The
court may require the offending entity to restore the original state which was
changed by its criminal offence.
3. The
court, on a case-by-case basis, may require the offending entity to implement
one or some of the following measures for mitigation and prevention of
consequences of the offence:
a)
Compulsory dismantlement of the work or part of the work that is not licensed
or built against the license;
b)
Compulsory relief of environmental pollution or spread of disease;
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d)
Compulsory destruction of goods or items that harm health of humans, animals,
plants and the environment; obscene materials or other exhibits subject to destruction
as prescribed by law;
dd)
Compulsory removal of violation elements on the goods, goods labels, means of
trading or items;
e)
Compulsory recall of violating products being sold on the market.
Article
83. Basis for deciding punishments against offending corporate legal entities
The
Court, pursuant to this document and in consideration of the nature and danger
of the criminal offence to society, offending entity's observation of law,
mitigating and aggravating factors, to decide the punishment.
Article
84. Mitigating factors mitigating factors and criminal responsibility of
corporate legal entity
1. The
following circumstances are mitigating factors:
a) The
offender has prevented or reduced the harm caused by the criminal offence;
b) The
offender voluntarily makes rectification, pays damages or relieves the
consequences;
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d) The
offender offers cooperation with proceeding agencies during the proceedings;
dd) The
offender has considerable contributions to implementation of social policies.
2. When
deciding the punishments, the Court might consider the offender's other
circumstances as mitigating factors and specify the reasons in the judgment.
3. If a
circumstance defined as a mitigating factor this document is the basis for
determination of a crime or punishment bracket, it shall not be considered a
mitigating factor in the decision on punishments.
Article
85. Aggravating factors applied to corporate legal entities
1. The
following circumstances are considered aggravating factors:
a)
Committing the criminal offence in collusion with another corporate legal
entity;
b)
Deliberately committing the criminal offence to the end;
c) The
offence has been committed more than once;
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dd) The
offender takes advantage of war, state of emergency, natural disaster, epidemic
or other tragic circumstances of society to commit the criminal offence;
e) The
offender makes use of sophisticated tricks to commit or conceal the criminal
offence.
2.
Circumstances defined by this document as the basis for determination of a
criminal offence or punishment bracket shall not be considered an aggravating
factor.
Article
86. Decision on punishment for commission of multiple criminal offences
When a
corporate legal entity is tried for multiple criminal offences, the Court shall
decide the punishment for each of them and combined punishment as follows:
1.
Primary punishment:
a) If all
punishments are fines, they shall be aggregated;
b)
Punishments being suspension of activities in specific fields shall not be
combined;
c) Fines
shall not be combined with other punishments;
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a) If all
of the punishments imposed are the of the same type, the combined punishment
shall not exceed the limits specified in this document applied to such
punishment; fines shall be aggregated;
b) If the
punishments imposed are of various types, the convicted corporate legal entity
must serve all of them.
Article
87. Combination of punishments of multiple judgments
1. If a
corporate legal entity that is serving a sentence is tried for a criminal
offence committed before such sentence is imposed, the Court shall decide the
sentence for the criminal offence being tried and then the combined sentence as
prescribed in Article 86 hereof.
The
duration of the previous sentence that is suspension of operation, prohibition
from operating in certain fields or ban from raising capital shall be deducted
from that of the combined sentence.
2. When a
corporate legal entity that is serving a sentence commits a new criminal
offence, the Court shall decide the sentence for the new offence, then
aggregate it with the unserved part of the sentence to make the combined
sentence as prescribed in Article 86 hereof.
3. If a
corporate legal entity is serving multiple sentences that are not combined, the
executive judge of the Court shall issue a decision on a combined sentence as
prescribed in Clause 1 and Clause 2 of this Article.
Article
88. Exemption of punishment
An
offending corporate legal entity may be exempt from punishment after the damage
has been repaired and compensation has been paid.
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A
convicted corporate legal entity shall automatically have its conviction
expunged if it does not commit any new criminal offence for 02 years from the
day on which the primary punishments, additional punishments, other decisions
of the judgment are served or from the expiration of the time limit for
execution of the judgment.
Chapter
XII
REGULATIONS APPLIED TO JUVENILE OFFENDERS
Section
1. GENERAL REGULATIONS ON CRIMINAL PROSECUTION AGAINST JUVENILE OFFENDERS
Article
90. Application of Criminal Code to juvenile offenders
A person
aged from 14 to under 18 who commits a criminal offence shall take criminal
responsibility in accordance with this Chapter, other regulations of Part One
hereof that do not contravene this Chapter.
Article
91. Rules for taking actions against juvenile offenders
1.
Actions against juvenile offenders must be taken in their best interests and
for the purpose of education, helping them to rectify their wrongdoing, develop
healthily and become a helpful citizen.
Actions
taken against juvenile offenders depend on their ages, awareness of their
criminal acts, reasons and circumstances in which the criminal offences are
committed.
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a) A
person aged from 16 to under 18 commits a less serious crime or serious crime,
except in the circumstances specified in Article 134 (deliberate infliction of
bodily harm upon another person); Article 141 (Rape); Article 171 (Snatching);
Article 248 (Illegal manufacture of narcotic substances); Article 249 (Illegal
possession of narcotic substances); Article 250 (Illegal trafficking of
narcotic substances); Article 251 (Illegal dealing in narcotic substances);
Article 252 (Appropriation of narcotic substances) hereof;
b) A
person aged from 14 to under 16 deliberately commits a very serious crime or
serious crime specified in Clause 2 Article 12 hereof, except in the
circumstances specified in Article 134 (homicide); Article 134, Clause 4
through 6 (Deliberate infliction of bodily harm upon another person); Article
141 (Rape); Article 142 (Rape of a person aged under 16); Article 144
(Non-consensual intercourse with a person aged from 13 to under 16); Article
150 (Human trafficking); Article 151 (Trafficking of a person aged under 16);
Article 168 (Robbery); Article 171 (Snatching); Article 248 (Illegal
manufacture of narcotic substances); Article 249 (Illegal possession of
narcotic substances); Article 250 (Illegal trafficking of narcotic substances);
Article 251 (Illegal dealing in narcotic substances); Article 252
(Appropriation of narcotic substances) hereof;
c) The
juvenile offender is an accomplice who has a minor role in the commission of
the criminal offence.
3.
Criminal prosecution against a juvenile offender shall only be initiated if
necessary with account taken of his/her record, the danger to society of
his/her offence and requirements for crime prevention.
4. At the
trial, the court shall only impose a sentence upon a juvenile offender if it is
considered that the exemption of criminal responsibility and application any of
the measures specified in Section 2 or compulsory education in a correctional
institution specified in Section 3 of this Chapter do not have sufficient
educational and deterrent effects.
5. Life
imprisonment and death sentence shall not be imposed upon a juvenile offender.
6. The
court shall only impose imprisonment upon a juvenile offender if it is
considered that other punishments and educational measures do not have
sufficient deterrent effects.
Where
imprisonment is necessary, it shall be as short as is reasonable and more
lenient that than applied to a person aged 18 and above (hereinafter referred
to as adult offender) who commits a similar crime.
Additional
punishments shall not be shall not be imposed upon a juvenile offender.
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Section
2. SUPERVISORY AND EDUCATIONAL MEASURES IN CASE OF EXEMPTION FROM CRIMINAL
RESPONSIBILITY
Article
92. Conditions
The
investigating authority, the procuracy or the court shall only grant exemption
of criminal responsibility and issue reprimand, call for reconciliation or
implement compulsory educational measures in the community if the juvenile
offender or his/her legal representative accepts one of such measures.
Article
93. Reprimand
1. A
reprimand shall be issued against a juvenile offender in the following cases in
order to help him/her be aware of his/her criminal act and it consequences for
the community, society and his/her obligations:
a) An
offender aged from 16 to under 18 commits a less serious crime for the first
time;
b) An
offender aged under 18 is an accomplice who has an insignificant role in the
commission of the crime.
2. The
investigating authority, the procuracy or the court shall decide the issuance
of reprimand. The issuance of a reprimand against a juvenile offender must be
witnessed by his/her parent or legal representative.
3. The
reprimanded person has the obligations to:
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b) Report
for duty at the request of a competent authority;
c)
Participate in educational programs and vocational training programs held by
the local government; do appropriate jobs.
4. The
competent authority shall decide the time limit for fulfilling the obligations
specified in Point b and Point c Clause 3 of this Article on a case-by-case
basis, which is from 03 months to 01 year.
Article
94. Reconciliation
1.
Reconciliation shall be applied to a juvenile offender in the following cases:
a) An
offender aged from 16 to under 18 commits a less serious crime or serious
crime;
b) An
offender aged from 14 to under 16 commits a very serious crime specified in
Point b Clause 2 Article 91 hereof.
2. The
investigating authority, the procuracy or the court shall cooperate with the
People’s Committee of the commune to organize the reconciliation when the
victim or his/her legal representative voluntarily seek reconciliation and
request exemption of criminal responsibility.
3. The
person subject to reconciliation has the obligations to:
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b)
Fulfill the obligations specified in Clause 3 Article 93 hereof.
Article
95. Compulsory educational measures in the commune
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 the following cases:
b) An
offender aged from 16 to under 18 commits a less serious crime or serious crime
specified in Point a Clause 2 Article 91 hereof;
b) An
offender aged from 14 to under 16 commits a very serious crime specified in
Point b Clause 2 Article 91 hereof.
2. The
subject to supervisory and educational measures has the obligations to:
a)
Fulfill his/her study and work duties;
b) Be
supervised and educated by his/her family and commune government;
c) Not
leave the commune without permission;
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3. If the
person subject to educational measures has served one half of the duration and
shows remarkable improvements, the agency that imposes the measures may
terminate the measures at the request of the People’s Committee of the commune.
Section
3. COMPULSORY EDUCATION IN CORRECTIONAL INSTITUTIONS
Article
96. Education in correctional institutions
1. The
court may subject a juvenile offender to compulsory education in correctional
institutions for 01 - 02 years if the criminal act is considered serious or the
measure is necessary because of his/her record or living environment.
2. The
person sent to a correctional institution must fulfill his/her study and work
duties under the supervision of the institution.
Article
97. Early termination of education in correctional institutions
If the
person subject to educational measures has served one half of the duration and
shows remarkable improvements, the court may terminate the measures at the
request of the institution.
Section
4. PUNISHMENTS
Article
98. Punishments imposed upon juvenile offenders
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1.
Warning;
2. Fine;
3.
Community sentence;
4.
Imprisonment.
Article
99. Fine
A fine
shall be imposed as an administrative penalty upon an offender aged from 16 to
under 18 if he/she has income or private property.
The fine
incurred by an offender aged from 16 to under 18 shall not exceed one half of
the fine specified by the law.
Article
100. Community sentence
1.
Community sentence shall be imposed upon an offender aged from 16 to under 18 who
involuntarily commits a less serious crime, serious crime or very serious crime
or an offender aged from 14 to under 16 who deliberately commits a very serious
crime.
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The
duration of community sentence imposed upon a juvenile offender shall not
exceed one third of the duration specified by the law.
Article
101. Determinate imprisonment
1. If the
punishment for a crime is life imprisonment or death sentence as prescribed by
law, the heaviest sentence imposed upon an offender aged from 16 to under 18
shall not exceed 18 years; If the punishment for a crime is determinate
imprisonment, the heaviest sentence imposed upon an offender aged from 16 to
under 18 shall not exceed three quarters of the duration prescribed by law;
2. If the
punishment for a crime is life imprisonment or death sentence as prescribed by
law, the heaviest sentence imposed upon an offender aged from 14 to under 16
shall not exceed 12 years; If the punishment for a crime is determinate
imprisonment, the heaviest sentence imposed upon an offender aged from 16 to
under 18 shall not exceed one half of the duration prescribed by law.
Section
5. SENTENCE DECISION, COMBINED DECISION, SENTENCE EXEMPTION OR COMMUTATION,
CONVICTION EXPUNGEMENT
Article
102. Decision on a sentence for preparation of a crime or unsuccessful crime
1. The
court shall impose a sentence upon a juvenile offender for preparation of a
crime or unsuccessful crime in accordance with Clause 1 Article 57 hereof.
2. The
heaviest sentence imposed upon an offender aged from 14 to under 16 for
preparation of a crime shall not exceed one third of the sentence for
preparation of a crime prescribed by law.
The
heaviest sentence imposed upon an offender aged from 16 to under 18 for
preparation of a crime shall not exceed one third of the sentence in the
bracket for preparation of a crime prescribed by law.
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The
heaviest sentence imposed upon an offender aged from 16 to under 18 shall not
exceed one half of the sentence specified in Article 99 through 101 hereof.
Article
103. Combined sentence for multiple crimes
1. Where
a juvenile offender commits multiple crimes, the court shall impose a sentence
for each of them and a combined sentence in accordance with Article 55 hereof.
If the
combined sentence is community sentence, the duration shall not exceed 03
years. If the combined sentence is determinate imprisonment, its duration shall
not exceed 18 years for an offender aged from 16 to under 18 and 12 years for
an offender aged from 14 to under 16.
2. Where
a juvenile offender commits multiple crimes and one or some of which are
committed before he/she reaches the age of 16 and the other afterwards:
a) If the
sentence for the crime committed before the offender reaches the age of 16 is
heavier or the same as that for the crime committed afterwards, the combined
sentence shall not exceed the heaviest sentence imposed upon an offender aged
from 14 to under 16 prescribed in Clause 1 of this Article;
a) If the
sentence for the crime committed after the offender has reached the age of 16
is heavier or the same as that for the crime committed before the offender
reaches the age of 16, the combined sentence shall not exceed the heaviest
sentence imposed upon an offender aged from 14 to under 16 prescribed in Clause
1 of this Article;
3. Where
a juvenile offender commits multiple crimes and one or some of which are
committed when he/she reaches the age of 18 and the other afterwards:
a) If the
sentence for the crime committed before the offender reaches the age of 18 is
heavier or the same as that for the crime committed afterwards, the combined
sentence shall not exceed the heaviest sentence specified in Clause 1 of this
Article;
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Article
104. Combination of punishments of multiple judgments
If a
person who is serving a sentence is tried for a crime committed before or after
such sentence is imposed, the Court shall impose a combined sentence in
accordance with Article 55 and Article 56 hereof.
The
combined sentence must not exceed the heaviest sentence specified in Article
103 hereof.
Article
105. Sentence commutation
1. If a
juvenile offender who is sentenced to community sentence or imprisonment has
shown improvements and has served one quarter of the sentence, the court shall
consider commuting the sentence. Each commutation may reduce the sentence by up
to 04 years, provided the offender has to serve at least 2/5 of the sentence.
2. If a
juvenile offender who is sentenced to community sentence or imprisonment has
made reparation in an effort to atone for the crime or has a fatal disease,
commutation shall be considered and the remaining sentence may be cancelled.
3. If the
sentence imposed upon a juvenile offender is a fine but he/she is facing
prolonged financial hardship due to a natural disaster, conflagration, accident
or disease or has made reparation in an effort to atone for the crime, the
court, at the request of Director of the Procuracy, might exempt him/her from
paying the remaining fine.
Article
106. Conditional parole
1. A
juvenile offender who is serving an imprisonment sentence may be given a parole
if all of the following conditions are satisfied, except in the circumstances
specified in Clause 2 Article 66 hereof:
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b) He/she
shows remarkable improvements;
c) The
convict has served one third of the sentence duration;
d) The
prisoner has a fixed residence;
2.
Conditional parole shall be granted in accordance with Clause 3 through 5
Article 66 hereof.
Article
107. Expungement of conviction
1. A
juvenile offender shall be treated as if he/she does not have a conviction in
any of the following circumstances:
a) The
offender is from 14 to under 16 years of age;
b) The
offender aged from 16 to under 18 is convicted of a less serious crime, serious
crime or an involuntary very serious crime;
c)
Judicial measures specified in Section 3 of this Chapter are taken.
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Part
Two
CRIMINAL OFFENCES
Chapter
XIII
INFRINGEMENT OF NATIONAL SECURITY
Article
108. High treason
1. Any
Vietnamese citizen who colludes with foreign entities in infringing the
independence, sovereignty and territorial integrity of Vietnam, the socialism
regime and the State of Socialist Republic of Vietnam, its national defense and
security shall face a penalty of 12 - 20 years' imprisonment, life imprisonment
or death.
2. If the
offence involves multiple mitigating factors, imprisonment duration shall be 07
- 15 years.
3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
109. Activities against the people's government
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1. The
organizer, instigator 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 - 12 years' imprisonment;
3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
110. Espionage
1. A
person who commits any of the acts below shall face a penalty of 12 - 20 years'
imprisonment, life imprisonment or death:
a)
Espionage, sabotage or establishment of facilities serving espionage against
Socialist Republic of Vietnam;
b)
Establishment of facilities serving espionage or sabotage under the direction
of foreign entities; spying, informing, concealing, guiding or other acts that
assist foreigners in espionage or sabotage;
c)
Providing or collecting to provide classified information for foreign entities;
collecting, providing other information and/or documents serving foreign
entities' activities against Socialist Republic of Vietnam.
2. A less
serious case of this offence carries a penalty of 05 - 15 years' imprisonment.
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4. A
person who operates as a spy, fails to accomplish his/her missions and turns
himself/herself in shall be exempt from criminal responsibility for this
offence.
Article
111. Infringement upon territory
Any
person who infringes upon Vietnam's territory, distorts the national border or
commits any other act for the purpose of infringing the territory of Socialist
Republic of Vietnam shall face the following penalties:
1. The
organizer or person whose activities cause serious consequences shall face a
penalty of 12 - 20 years' imprisonment or life imprisonment;
2. Any
accomplice shall face a penalty of 05 - 15 years' imprisonment;
3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
112. Rebellion
Any
person who engages in armed activities or uses organized force to act against
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;
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3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
113. Terrorism to oppose the people's government
1. Any
person who, for the purpose of opposing the people's government, infringes upon
life of officials or other people shall face a penalty of 12 - 20 years' imprisonment,
life imprisonment or death.
2. The
following offences carry 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;
c)
Infringing upon bodily integrity, health of officials or other people.
3. An
offence that involves death threats or mental intimidation carries a penalty of
5 - 10 years' imprisonment.
4.
Terrorist acts against foreign organizations, individuals or international
organizations for the purpose of destroying the Vietnam's international
relationship also carry the penalties specified in this Article.
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Article
114. Sabotaging facilities of Socialist Republic of Vietnam;
1. Any
person who, for the purpose of opposing the people's government, sabotages political,
national defense, national security, economic, scientific, technological,
cultural or social facilities of Socialist Republic of shall face a penalty of
12 - 20 years' imprisonment, life imprisonment or death.
2. A less
serious case of this offence carries a penalty of 05 - 15 years' imprisonment.
3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
115. Sabotaging implementation of socio-economic policies
1. Any
person who, for the purpose of opposing the people's government, sabotages the
implementation of socio-economic policies shall face a penalty of 07 - 15
years' imprisonment.
2. A less
serious case of this offence carries a penalty of 03 - 07 years' imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 06 - 36 months'' imprisonment.
Article
116. Sabotaging implementation of solidarity policies
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a) Sowing
divisions between the classes of people, between the people and people's
government, the people’s armed forces or socio-political organizations;
b)
Causing hostility, discrimination, secession, infringement upon equality rights
among the ethnic communities of Vietnam;
c) Sowing
division between religion followers and non-followers, between religions,
between religion followers and people's government or socio-political
organizations;
d)
Sabotaging the implementation of international solidarity policies.
2. A less
serious case of this offence carries a penalty of 02 - 07 years' imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 06 - 36 months' imprisonment.
Article
117. Making, possessing, spreading information, materials, items for the
purpose of opposing the State of Socialist Republic of Vietnam
1. Any
person who, for the purpose of opposing the State of Socialist Republic of
Vietnam, commits any of the following acts shall face a penalty of 05 - 12
years' imprisonment:
a)
Making, possessing, spreading information, materials, items whose that contains
distorted information about the people's government;
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c)
Making, possessing, spreading information, materials, items to cause
psychological warfare.
2. An extremely
serious case of this offence carries a penalty of 10 - 20 years' imprisonment.
3. Any
person who makes preparation for the commission of this criminal offence shall
face a penalty of 01 - 05 years' imprisonment.
Article
118. Disruption of security
1. Any
person who, for the purpose of opposing the people's government, incites,
persuades, gathers other people to disrupt security, resists law enforcement
officers in the performance of their duties, obstruct the operation of agencies
or organizations shall face a penalty of 05 - 15 years' imprisonment, except in
the circumstances specified in Article 112 hereof.
2. Any
accomplice shall face a penalty of 02 - 07 years' imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 06 - 36 months'' imprisonment.
Article
119. Disruption of detention facilities
1. Any
person who, for the purpose of opposing the people's government, causes
disruption at a detention facility, assisting other people to escape from a
detention facility, replace a detained or escorted person or escapes from a
detention facility shall face a penalty of 10 - 20 years' imprisonment or life
imprisonment.
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3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
Article
120. Organizing, coercing, instigating illegal emigration for the purpose of
opposing the people's government
1. Any
person who, for the purpose of opposing the people's government, assists,
forces or persuades other people to emigrate illegally shall face a penalty of
05 - 15 years' imprisonment.
2. An
extremely serious case of this offence carries a penalty of 12 - 20 years'
imprisonment or life imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
Article
121. Illegal emigration for the purpose of opposing the people's government
1. Any person
who, for the purpose of opposing the people's government, emigrates illegally
shall face a penalty of 03 - 12 years' imprisonment.
2. An
extremely serious case of this offence carries a penalty of 12 - 20 years'
imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
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A person
who commits an offence specified in this Chapter may have some of his/her
citizenship rights deprived of, be put under mandatory supervision, be
prohibited from residence for 01 - 05 years or have all or part of his/her
property confiscated.
Chapter
XIV
OFFENCES AGAINST THE PERSON AND REPUTATION
Article
123. Murder
1. A
murderer in any of the cases below shall face a penalty of 12 - 20 years'
imprisonment, life imprisonment or death:
a) Murder
of 02 or more people;
b) Murder
of a person aged under 16;
c) Murder
of a woman with the full knowledge of her pregnancy;
d) Murder
of a law enforcement officer in performance of his/her official duties or
murder of a person because of his/her official duties;
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e) Murder
committed right before or after committing a very serious crime or extremely
serious crime;
g) Murder
for the commission or concealment of another crime;
g) Murder
for taking the victim's body parts;
i) Brutal
murder;
k) Murder
by taking advantage of the murderer's profession;
l) Murder
using a method capable of killing many people;
m)
Contract killing;
n) Murder
of a gangster-like nature;
o)
Organized murder;
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q) Murder
from despicable motives.
2. Murder
in circumstances other than those specified in Clause 1 of this Article carries
a penalty of 07 - 15 years' imprisonment.
3. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
4. The
offender might be forbidden from practicing his/her profession or doing certain
jobs for 01 - 05 years, face mandatory supervision or prohibition from
residence for 01 - 05 years.
Article
124. Murder or abandoning of a newborn child
1. A
mother who kills her own newborn child under the impact of obsolete belief or
in a special objective circumstance shall face a penalty of 06 - 36 months'
imprisonment.
2. A
mother who, under the impact of obsolete belief or in a special and objective
circumstance, abandons her own newborn child within the first 07 days shall
face a penalty of up to 02 years' community sentence or 03 - 24 months'
imprisonment if such abandonment results in the death of the child.
Article
125. Manslaughter under provocation
1. Any
person who commits manslaughter under provocation because of the victim's
serious illegal actions against the perpetrator or the perpetrator’s family
shall face a penalty of 06 - 36 months' imprisonment.
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Article
126. Involuntary manslaughter because of the use of unjustified force in
self-defense or while capturing a criminal
1. An
involuntary manslaughter because of the use of unjustified force in
self-defense or while capturing a criminal carries a penalty of up to 02 years'
community sentence or 03 - 24 months' imprisonment.
2. The
involuntary manslaughter of 02 or more people in this case carries a penalty of
02 - 05 years' imprisonment.
Article
127. Manslaughter by a law enforcement officer in performance of his/her
official duties
1. A law
enforcement officer in performance of his/her duty who commits manslaughter
because of violence in circumstances other than those justified by law shall
face a penalty of 05 - 10 years' imprisonment.
2. 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 or more people;
b) The
offence is committed against a person aged under 16 or a woman with the full
knowledge of her pregnancy.
3. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
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1. A
person who commits an involuntary manslaughter shall face a penalty of up to 03
years' community sentence or 01 - 5 years' imprisonment.
2. This
offence carries a penalty of 03 - 10 years' imprisonment if it results in the
death of 02 or more people.
Article
129. Involuntary manslaughter because of misconduct in professional practice or
administrative rules
1. A
person who commits an involuntary manslaughter because of misconduct in
professional practice or administrative rules shall face a penalty of 01 - 05
years' imprisonment.
2. This
offence carries a penalty of 05 - 12 years' imprisonment if it results in the
death of 02 or more people.
3. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
130. Coercing suicide
1. Any
person who cruelly treats, frequently oppresses, abuses or humiliates his/her
care-dependent to such an extent that the care-dependent commits suicide 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:
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b) The
offence is committed against a person aged under 16 or a woman with the full
knowledge of her pregnancy.
Article
131. Inciting or aiding another to commit suicide
1. A
person who commits any of the following acts shall face a penalty of up to 03
years' community sentence or 06 - 36 months' imprisonment:
a)
Inciting, counseling, persuading another to commit suicide;
b)
Providing financial or spiritual support for another to commit suicide.
2. An
offence that results in the suicide of 02 or more people carries a penalty of
02 - 07 years' imprisonment.
Article
132. Failure to assist a person in peril
1. Any
person who is capable of but fails to assist a person in peril shall face a
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment
if such failure results in the death of that person.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 05 years' imprisonment:
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b) The
offender has a duty to rescue by law or by his/her professional ethics.
3. An
offence that results in the death of 02 or more people carries a penalty of 03
- 07 years' imprisonment.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
133. Threat of murder
1. A
person who threatens to commit a murder shall face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment if there are grounds for the
threatened person to believe that the threat is likely to be carried out.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence is committed against 02 or more people;
b) The
offence involves abuse of the offender's position or power;
c) The
threat is made against a law enforcement officer in performance of his/her
official duties or because of his/her official duties;
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dd) The
threat is meant to conceal another criminal offence or avoid punishment for
such offence.
Article
134. Deliberate infliction of bodily harm upon another person
1. A
person who deliberately inflicts bodily harm upon another person and causes 11%
- 33% 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) A
dangerous weapon or method is used to harm 02 or more people;
b) Sulfuric
acid (H2SO4) or another hazardous chemical is used to
inflict bodily harm upon another person;
c) The
act results in a mild handicap of the victim;
d) The
offence has been committed more than once;
dd) The
offence is committed against 02 or more people;
e) The
victim is a person aged under 16, a woman whose pregnancy is known by the
offender, an old and weak, sick or defenseless person;
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h) The
offence is committed by an organized group;
i) The
offence involves abuse of the offender's position or power;
k) The
offence is committed while the offender is kept in temporary detention, serving
his/her sentence in a prison or correctional institution or rehabilitation
center;
l) The
offender hires another person or is hired to inflict bodily harm to the victim;
m) The
offence is of a gangster-like nature;
n)
Dangerous recidivism;
o) The
offence is committed against a law enforcement officer in performance of
his/her official duties or because of his/her official duties;
2. A
person who deliberately inflicts bodily harm upon another people and causes 11%
- 33% WPI in any of the circumstances specified in Point a, b, d, dd, e, g, h,
i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 02 - 05
years' imprisonment.
3. A
person who deliberately inflicts bodily harm upon another people and causes 31%
- 60% WPI shall face a penalty of 04 07 years' imprisonment.
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5. A
person who deliberately inflicts bodily harm upon another person and causes ≥
61% WPI, except for the case in Point c Clause 6 of this Article or the death
of the victim shall face a penalty of 10 - 15 years' imprisonment.
6. 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 02 or more people;
b) The
offence results in bodily harm of 02 or more people, each of whom suffers from
≥ 61% WPI;
c) The
offence results in injuries to the victim’s face and causes ≥ 61% WPI;
7. Any
person who makes preparation for the commission of this offence shall face a
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
Article
135. Deliberate infliction of bodily harm upon others under provocation
1. A
person who deliberately inflicts bodily harm upon another people and causes 31%
- 60% WPI under provocation because of the victim's serious violations of law
against the offender or the offender's family member shall face a fine of VND
10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community
sentence.
2. This
offence committed in any of the following circumstances carries a penalty of 06
- 36 months'' imprisonment:
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b) The
offence causes ≥ 61% WPI or death of the victim.
Article
136. Deliberate infliction of bodily harm because of unjustified force in
capturing criminals
1. Any
person who deliberately inflicts 31% - 60% WPI to another person because of
unjustified force in capturing criminals shall incur a fine of VND 5,000,000 -
VND 20,000,000 or face a penalty of up to 03 years' community sentence.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 02 years' imprisonment:
a) The
offence results in bodily harm of 02 or more people, each of whom suffers from
31% - 60% WPI;
b) The
offence causes ≥ 61% WPI for the victim.
3. If
this offence results in the death of a person or bodily harm of 02 or more
people, each of whom suffers from ≥ 61% WPI, the offender shall face a penalty
of 01 - 03 years' imprisonment.
Article
137. Deliberate infliction of bodily harm by a law enforcement officer in
performance of his/her official duties
1. Any
law enforcement officer in performance of his/her official duties who uses
violence under circumstances other than those in which infliction of bodily
harm is permitted by law or deliberately inflicts bodily harm upon another
person and causes 31% - 60% WPI shall face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in bodily harm of 02 or more people, each of whom suffers from
≥ 31% WPI;
b) The
offence causes ≥ 61% WPI for the victim;
c) The
offence is committed against a person aged under 16, a woman whose pregnancy is
known by the offender, an old and weak, sick or defenseless person.
3. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
138. Involuntary infliction of bodily harm upon others
1. Any
person who involuntarily inflicts 31% - 60% WPI to another person shall receive
a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or face a
penalty of up to 03 years' community sentence.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 02 years' imprisonment:
a) The
offence results in bodily harm of 02 or more people, each of whom suffers from
31% - 60% WPI;
b) The
offence causes ≥ 61% WPI for the victim.
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Article
139. Involuntary infliction of bodily harm because of professional misconduct
or breach of administrative rules
1. Any
person who, because of misconduct in professional practice or violations
against administrative rules, involuntarily inflicts 31% - 60% WPI upon another
person shall be liable to a fine of VND 20,000,000 - VND 100,000,000 or face a
penalty of up to 03 years' community sentence or 03 - 12 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 06
- 36 months'' imprisonment:
a) The
offence results in bodily harm of 02 or more people, each of whom suffers from
31% - 60% WPI;
b) The
offence causes ≥ 61% WPI for the victim.
3. If
this offence results in bodily harm of 02 or more people, each of whom suffers
from ≥ 61% WPI, the offender shall face a penalty of 01 - 05 years'
imprisonment.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
140. Abuse
1. A
person who maltreats or humiliates his/her dependent, except in the
circumstances specified in Article 185 hereof, shall face a penalty of up to 03
years' community sentence or 03 - 24 months' imprisonment.
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a) The
victim is a person aged under 16, a woman whose pregnancy is known by the
offender, an old and weak, sick or defenseless person;
b) The
victim suffers from ≥ 11% mental and behavioral disability because of the
offence;
c) The
offence is committed against 02 or more people.
Article
141. Rape
1. Any
person who uses violence or threatens to use violence or takes advantage of the
victim's defenselessness or otherwise engages 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:
a) The
offence is committed by an organized group;
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;
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dd) The
offence is committed against 02 or more people;
e) The
offence is of an incestuous nature;
g) The
offence results in the victim's pregnancy;
h) The
offence causes 31% - 60% WPI for the victim;
i) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
k)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offence causes ≥ 61% WPI for the victim;
b) The
offender commits the offence in the knowledge of his HIV infection;
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d) The
offence results in the death or suicide of the victim.
4. The
offence committed against a person aged from 16 to under 18 carries a penalty
of 05 - 10 years' imprisonment.
A person
commits the offence in any of the circumstances specified in Clause 2 or Clause
3 shall face corresponding penalties specified in therein.
5. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
142. Rape of a person under 16
1. A
person who commits any of the following acts shall face a penalty of 07 - 15
years' imprisonment:
a) Use of
violence or threatens to use violence or takes advantage of the victim's
defenselessness or otherwise engages in non-consensual sexual intercourse or
other sexual activities with a person aged from 13 to under 16.
b)
Engaging in sexual intercourse or other sexual activities with a person under
13.
2. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
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b) The
offence results in the victim's pregnancy;
c) The
offence causes 31% - 60% WPI for the victim;
d) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
dd) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment;
e) The
offence has been committed more than once;
g) The
offence is committed against 02 or more people;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment, life imprisonment or death:
a) The
offence is committed by an organized group;
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c) The
offence is committed against a person under 10;
d) The
offence causes ≥ 61% WPI for the victim.
dd) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
e) The
offender commits the offence in the knowledge of his HIV infection;
g) The
offence results in the death or suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
143. Sexual abuse
1. Any
person who employs trickery to make his care-dependent or a person in extreme
need to reluctantly engage in sexual intercourse or other sexual activities 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:
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b) The
offence has been committed more than once;
c) The
offence is committed against 02 or more people;
d) The
offence is of an incestuous nature;
dd) The
offence results in the victim's pregnancy;
e) The
offence causes 31% - 60% WPI for the victim;
g) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 18 years' imprisonment:
a) The
offence causes ≥ 61% WPI for the victim;
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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.
4. If
this offence is committed against a person aged from 16 to under 18, the
offender shall face a penalty of 02 - 07 years' imprisonment.
A person
commits the offence in any of the circumstances specified in Clause 2 or Clause
3 shall face corresponding penalties specified in therein.
5. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
144. Sexual abuse of a person aged from 13 to under 16
1. Any
person who employs trickery to make a person aged from 13 to under 16 who is
his care-dependent or a person in extreme need to reluctantly engage in sexual
intercourse or other sexual activities shall face a penalty of 05 - 10 years'
imprisonment.
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;
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c) The
offence causes 31% - 60% WPI for the victim;
d) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
dd) The
offence has been committed more than once;
e) The
offence is committed against 02 or more people;
g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offence is committed by more than one person against one person;
b) The
offence causes ≥ 61% WPI for the victim;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
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dd) The
offence results in the death or suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
145. Engaging in sexual intercourse or other sexual activities with a person
aged from 13 to under 16
1. Any
person aged 18 or over who engages in sexual intercourse or other sexual
activities with a person aged from 13 to under 16 in circumstances other than
those specified in Article 142 and Article 144 hereof 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 has been committed more than once;
b) The
offence is committed against 02 or more people;
c) The
offence is of an incestuous nature;
d) The
offence results in the victim's pregnancy;
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e) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence causes ≥ 61% WPI for the victim;
b) The
offender commits the offence in the knowledge of his HIV infection.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
146. Molestation of a person under 16
1. Any
person who molests a person under 16 for purposes other than sexual intercourse
or other sexual activities shall face a penalty of 06 - 36 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a)
Organized crime;
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c) The
offence is committed against 02 or more people;
d) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment;
dd) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
e)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
b) The
offence results in the suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
147. Employment of a person under 16 for pornographic purposes
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2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a)
Organized crime;
b) The
offence has been committed more than once;
c) The
offence is committed against 02 or more people;
d) The
offence is committed against a person for whom the offender is responsible for
providing care, education or medical treatment;
dd) The
offence is committed for commercial purposes;
e) The victim
suffers from 11% - 45% mental and behavioral disability because of the offence;
g)
Dangerous recidivism.
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 results in the suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
148. Transmission of HIV to others
1. A
person who, in the knowledge of his/her HIV infection, deliberately transmits
HIV to another person, unless the victim knows the it and voluntarily engages
in sexual intercourse, shall face a penalty of 01 - 03 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 against 02 or more people;
b) The
offence is committed against a person aged under 18;
c) The
offence is committed against a woman with the full knowledge of her pregnancy;
d) The
offence is committed against the physician or health worker who directly
provides treatment for the offender;
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Article
149. Deliberate transmission of HIV to others
1. Any
person who deliberately transmits HIV to another person in circumstances other
than those specified in Article 148 hereof shall face a penalty of 03 - 07
years' imprisonment.
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 is committed against a law enforcement officer in performance of
his/her duty or because of his/her official duties;
c) The
offence is committed against a person under 18;
d) The
offence is committed against 02 - 05 people.
dd) The
offence is committed by taking advantage of the offender's profession;
e) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence.
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a) The
offence is committed against a woman with the full knowledge of her pregnancy;
b) The
offence is committed against 06 or more people;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
d) The
offence results in the suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
150. Human trafficking
1. Any
person who uses violence, threatens to use violence, deceives or otherwise
commits 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;
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2. This
offence committed in any of the following circumstances carries a penalty of 08
- 15 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed by despicable motives;
c) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
d) The
offence causes ≥ 31% WPI for the victim, except in the circumstances specified
in Point b Clause 3 of this Article;
dd) The
victim is taken out of Vietnam’s territory;
e) The
offence is committed against 02 - 05 people;
g) 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:
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b) The
victim's body part has been taken;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
d) The
offence results in the death or suicide of the victim;
dd) The
offence is committed against 06 or more people;
e)
Dangerous recidivism;
4. The
offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000
, be put under mandatory supervision, prohibited from residence for 01 - 05
years or have all or part of his/her property confiscated.
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;
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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.
2. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
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 out of Vietnam’s territory;
e) The
offence has been committed more than once;
g) The
offence is committed by despicable motives;
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i) The
offence causes ≥ 31% WPI for the victim, 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:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
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 or more people;
g)
Dangerous recidivism.
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Article
152. Swapping a person under 01 year of age
1. Any
person who swaps a person under 01 year of age with another person under 01
year of age shall face a penalty of 02 - 05 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
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 has been committed more than once;
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence is committed in a professional manner;
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4. The
offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000,
be prohibited from holding certain positions or doing certain works for 01 - 05
years.
Article
153. Abduction of a person under 16
1. Any
person who uses violence, threatens to use violence, deceives or otherwise
commits any of the following acts shall face a penalty of 05 - 10 years'
imprisonment:
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 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;
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g) The
offence causes ≥ 31% WPI for the victim.
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 is committed against 06 or more people;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
d) The
offence results in the death of the victim;
dd)
Dangerous recidivism.
4. The
offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000,
be prohibited from holding certain positions or doing certain works for 01 - 05
years.
Article
154. Trading, appropriation of human tissues or body parts
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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 07
- 15 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed for commercial purposes;
c) The
offence involves abuse of the offender's position or power;
d) The
offence is committed against 02 - 05 people.
dd) The
offence has been committed more than once;
e) The
offence causes 31% - 60% WPI for the victim.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offence is committed in a professional manner;
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c) The
offence is committed against 06 or more people;
d) The
offence results in the death of the victim;
dd)
Dangerous recidivism.
4. The
offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000,
be prohibited from holding certain positions or doing certain works for 01 - 05
years.
Article
155. Insults to another person
1. Any
person who seriously insults another person shall receive a warning, be liable
to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03
years' community sentence.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 02 years' imprisonment:
a) The
offence has been committed more than once;
b) The
offence is committed against 02 or more people;
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d) The
offence is committed against a law enforcement officer in performance of
his/her official duties;
dd) The
offence is committed against a person who cares for, teaches, raises or
provides medical treatment for the offender;
e) The
offence is committed using a computer network, telecommunications network or
electronic device;
g) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence.
3. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
b) The
offence results in the suicide of the victim.
4. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
156. Slander
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a)
Fabricating information or spreading false information to harm another person's
reputation or infringes upon another person's lawful rights and interests;
b)
Accusing a person of a fabricated crime report it to the authorities.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
c) The
offence is committed against 02 or more people;
d) The
offence is committed against the offender's grandparent, parent or a person who
cares for, teaches, raises or provides medical treatment for the offender;
dd) The
offence is committed against a law enforcement officer in performance of
his/her official duties;
e) The
offence is committed using a computer network, telecommunications network or
electronic device;
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h)
Accusing another person of a very serious crime or extremely serious crime
which is fabricated.
3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence is committed by despicable motives;
b) The
victim suffers from ≥ 46% mental and behavioral disability;
c) The
offence results in the suicide of the victim.
4. The
offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000,
be prohibited from holding certain positions or doing certain works for 01 - 05
years.
Chapter
XV
CRIMINAL OFFENCES AGAINST PERSONAL
LIBERTY, CITIZENS' RIGHTS TO FREEDOM AND DEMOCRACY
Article
157. Illegal arrest, detention or imprisonment of a 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 02
- 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
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;
dd) The
offence is committed against 02 or more people;
e) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender, an elderly, sick or defenseless person.
g) The
offence results in the victim's extreme hardship or predicament;
h) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
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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
victim suffers from ≥ 46% mental and behavioral disability because of the
offence.
4. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
158. Home infringement
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:
a)
Illegally searching another person's home;
b) Using
violence or threatening to use violence or other illegal tricks to force another
person to leave his/her lawful home;
c) Using
illegal tricks to occupy a home or obstruct its lawful residents or managers
from entering their home;
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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 01
- 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
c) The
offence has been committed more than once;
d) The
offence results in the suicide of the victim;
dd) The
offence has a negative impact on social safety, order and security.
3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
159. Infringement upon secret information, mail, telephone, telegraph privacy
or other means of private information exchange
1. A
person who recommits any of the following acts despite the fact that he/she has
incurred a disciplinary or administrative penalty shall receive a warning, be
liable to a fine of from VND 20,000,000 to VND 50,000,000 or face a penalty of
up to 03 years' community sentence:
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b)
Deliberately damaging, losing or obtaining another person's mails, telegraphs,
telex, faxes or other documents which are transmitted on the postal or
telecommunications network;
c)
Listening or recording conversations against the law;
d)
Searching, confiscating mails or telegraphs against the law;
dd) Other
acts that infringe upon secret information, mail, telephone, telegraph privacy
or other means of private information exchange.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
c) The
offence has been committed more than once;
d) The
obtained information is disclosed and affects another person's dignity or
reputation;
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3. The
offender may also be liable to a fine of from VND 5,000,000 to VND 20,000,000,
be prohibited from holding certain positions for 01 - 05 years.
Article
160. Infringement upon citizens' right to vote or self-nominate or vote upon
referendum
1. A
person who uses deception, bribery, coercion or otherwise obstructs a citizen
from exercising his/her right to vote, self-nominate or vote upon a referendum
held by the State shall receive a warning or face a penalty of up to 01 year'
community sentence or 03 - 12 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 02 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
c) The
offence results in postponement of the election day, re-election or
postponement of the referendum.
3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
161. Falsification of election or referendum result
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2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence results in postponement of the election or referendum.
3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
162. Forcing officials to resign or laying off workers against the law
1. Any
person who, for self-seeking purposes or another private motive, commits any of
the following acts which results in the laid off person or his/her family
extreme hardship or strike 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.
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a) The
offence is committed against 02 or more people;
b) The
offence is committed against a woman 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 resigns or is laid off.
3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
163. Infringement upon citizens' right to association
1. Any
person who uses violence, threatens to use violence or otherwise obstructs or
forces other people to associate or hold meeting despite the fact that he/she
has incurred a disciplinary or administrative penalty shall face a penalty of
up to 01 year's community sentence or 03 - 12 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 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 results in a demonstration;
dd) The
offence has a negative impact on social safety, order and security.
3. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
164. Infringement upon the freedom of religion
1. Any
person who uses violence, threatens to use violence or otherwise obstructs a
person from exercising his/her freedom of religion or forces another person to
follow or not to follow a specific religion despite the fact that he/she has
incurred disciplinary or administrative penalty for the same offence shall face
a penalty of up to 01 year's community sentence or 03 - 12 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves abuse of the offender's her position or power;
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d) The
offence results in a demonstration;
dd) The
offence has a negative impact on social safety, order and security.
3. The
offender might be prohibited from holding certain positions, practicing his/her
profession or doing certain jobs for 01 - 05 years.
Article
165. Infringement of gender equality
1. A
person who, for reason of gender, obstructs another person from participate in
activities in terms of politics, economics, labour, education, science and
technology, culture, information, sports, healthcare despite the fact that
he/she has incurred a disciplinary or administrative penalty for the same
offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or
face a penalty of up to 2 years' community sentence.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 50,000,000 to VND 100,000,000 or a penalty of 03 - 24 months' imprisonment:
a) The
offence involves the abuse of the offender's position or power;
b) The
offence has been committed more than once;
c) The
offence is committed against 02 or more people.
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Article
166. Infringement of the right to complain or denounce
1. A
person who commits any of the following acts shall face a penalty of up to 03
years' community sentence or 06 - 36 months' imprisonment:
a) Use of
violence, threat to use violence or other tricks to obstruct the process of
complaining or denunciation, the consideration and settlement of complaints and
denunciation or the taking of actions against the person complained or
denounced against;
b) Abuse
of position or power in obstructing the decision of an authority competent to
consider and settle complaints and denunciations which results in damage
incurred by the complainer or denouncer.
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)
Revenge is taken on the complainer or denouncer;
c) The
act specified in Point a Clause 1 of this Article involves the abuse of the
offender's position or power;
d) The
offence results in a demonstration;
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3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Article
167. Infringement upon freedom of speech, freedom of the press, the right of
access to information and the right to protest of citizens
1. Any
person who uses of violence, threatens to use violence or otherwise obstructs a
citizen from exercising his/her freedom of speech, freedom of the press, right
of access to information or right to protest despite the fact that he/she has
incurred disciplinary or administrative penalty for the same offence shall face
a penalty of up to 02 year's community sentence or 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
offence involves abuse of the offender's her position or power;
c) The
offence has a negative impact on social safety, order and security.
3. The
offender might be forbidden from holding certain positions for 01 - 05 years.
Chapter
XVI
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Article
168. Robbery
1. Any
person who uses violence, threat of immediate violence or commits other acts
that render another person unable to resist in other to obtain his/her property
shall face a penalty of 03 - 10 years' imprisonment.
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 is committed in a professional manner;
c) The
offence causes 11% - 30% WPI for the victim;
d) The
offender uses a dangerous weapon, device or other dangerous methods to commit
the offence;
dd) The
property taken is assessed at from VND 50,000,000 to under VND 200,000,000;
e) The
offence is committed against a person under 16, a woman whose pregnancy is
known by the offender, an old and weak, sick or defenseless person.
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h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
property taken is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
offence causes 31% - 60% WPI for the victim;
c) The
offender takes advantage of a natural disaster or epidemic to commit the
offence.
4. This
offence committed in any of the following circumstances carries a penalty of 18
- 20 years' imprisonment or life imprisonment:
a) The
property taken is assessed at ≥ VND 500,000,000;
b) The
offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or
bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or
more victims;
c) The
offence results in the death of the victim;
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5. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
6. The
offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000
, be put under mandatory supervision, prohibited from residence for 01 - 05
years or have all or part of his/her property confiscated.
Article
169. Kidnapping for ransom
1. Any
person who takes another person hostage for ransom 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) The
offence is committed in a professional manner;
c) The
offender uses a dangerous weapon, device or other dangerous methods to commit
the offence;
d) The
offence is made against a person under 16;
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e) The
ransom demanded is from VND 50,000,000 to under VND 200,000,000;
g) The
offence causes 11% - 30% WPI for the hostage;
h) The
victim suffers from 11% - 45% mental and behavioral disability because of the
offence;
i) The
offence has a negative impact on social safety, order and security;
k)
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 from VND 200,000,000 to under VND 500,000,000;
b) The
offence causes 31% - 60% WPI for the hostage;
c) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence;
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a) The
ransom demanded is ≥ VND 500,000,000;
b) The
offence results in bodily harm of 01 person who suffer from ≥ 61% WPI or bodily
harm of 02 or more people, each of whom suffers from ≥ 31% WPI;
c) The
offence results in ≥ 46% mental and behavioral disability of 02 or more people;
d) The
offence results in the death of the victim.
5. Any
person who makes preparation for the commission of this offence shall face a
penalty of 01 - 05 years' imprisonment.
6. The
offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000
, be put under mandatory supervision, prohibited from residence for 01 - 05
years or have all or part of his/her property confiscated.
Article
170. Extortion
1. Any
person who uses violence, threat of violence otherwise intimidates another
person to obtain his/her property 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:
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b) The
offence is committed in a professional manner;
c) The
offence is committed against a person under 16, a woman whose pregnancy is
known by the offender, an old and weak, sick or defenseless person;
d) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
dd) The
offence has a negative impact on social safety, order and security;
e)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
offender takes advantage of a natural disaster or epidemic to commit the
offence.
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
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b) The
offender takes advantage of a war or state of emergency to commit the offence.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000 or have all or part of his/her property confiscated.
Article
171. Snatching
1. Any
person who snatches another person's property 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
offence is committed in a professional manner;
c) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
d) The
offender employs a dangerous method to commit the offence;
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e) The
offence causes 11% - 30% WPI for another person;
g) The
offence is committed against a person under 16, a woman whose pregnancy is
known by the offender, an old and weak, sick or defenseless person;
h) The
offence has a negative impact on social safety, order and security;
i)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
offence causes 31% - 60% WPI for another person;
c) The
offender takes advantage of a natural disaster or epidemic to commit the
offence.
4. 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
offence results in bodily harm of 01 person who suffers from 61% WPI or bodily
harm of 02 or more people, each of whom suffers from ≥ 31% WPI;
c) The
offence results in the death of the victim;
d) The
offender takes advantage of a war or state of emergency to commit the offence.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000.
Article
172. Blatant appropriation of property
1. A
person who indiscriminately takes property 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 looting or any of the criminal offences
specified in Article 168, 169, 170, 171, 173, 174, 175 and 290 hereof;
c) The
offence has a negative impact on social safety, order and security;
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2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
b) The
offender attacks other people to escape;
c) Dangerous
recidivism.
d) The
property obtain is emergency or humanitarian relief;
dd) The
property appropriated is assessed at from VND 2,000,000 to under VND 50,000,000
or but the offender commits the offence in any of the circumstances specified
in Point a through d Clause 1 of this Article.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
property appropriated is assessed at from VND 50,000,000 to under VND
200,000,000 or but the offender commits the offence in any of the circumstances
specified in Point a through d Clause 1 of this Article.
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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 obtained is ≥ VND 500,000,000;
b) The
property appropriated is assessed at from VND 200,000,000 to under VND
500,000,000 or but the offender commits the offence in any of the circumstances
specified in Point a through d Clause 1 of this Article.
c) The
offender takes advantage of a war or state of emergency to commit the offence.
5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000.
Article
173. Theft of property
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 of property or any of the criminal
offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;
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d) The
property stolen is the primary means of livelihood of the victim and the
victim's family; the property taken is a souvenir, memento or religious item
that has a spiritual value to the victim.
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 is committed in a professional manner;
c) The
property obtained is 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 assessed at from VND 2,000,000 to under VND 50,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article;
g)
Dangerous recidivism.
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a) The
property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article;
c) The
offender takes advantage of a natural disaster or epidemic to commit the
offence.
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
property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article;
c) The
offender takes advantage of a war or state of emergency to commit the offence.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000.
Article
174. Obtaining property by fraud
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a) The
offender has incurred an administrative penalty for appropriation of property;
b) The
offender has an unspent conviction for theft of property or any of the criminal
offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The
offence has a negative impact on social safety, order and security;
d) The
property illegally obtained is the primary means of livelihood of the victim
and the victim's family; the property illegally obtained is a souvenir, memento
or religious item that has a spiritual value to the victim.
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 is committed in a professional manner;
c) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
d)
Dangerous recidivism;
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e) The
offender employs deceitful methods to commit the offence;
g) The
property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000
or but the offender commits the offence in any of the circumstances specified
in Point a through d Clause 1 of this Article.
c) The
offender takes advantage of a natural disaster or epidemic to commit the
offence.
4. This offence
committed in any of the following circumstances carries a penalty of 12 - 20
years' imprisonment or life imprisonment:
a) The
property stolen is ≥ VND 500,000,000;
b) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000
or but the offender commits the offence in any of the circumstances specified
in Point a through d Clause 1 of this Article.
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5. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
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 despite the fact that he/she has incurred an administrative penalty
for property appropriation or has an unspent conviction for this offence or any
of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 174
and 290 hereof or obtains a piece of property that is the primary means of
livelihood of the victim or has a spiritual value to the victim 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:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
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dd) The
offender employs deceitful methods to commit the offence;
e)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The
property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
offence has a negative impact on social safety, order and security.
4. If the
property 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, be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
176. Illegal impoundment of property
1. Any
person who finds or mistakenly receives a piece of property which is assessed
at from VND 10,000,000 to under VND 200,000,000, a relic, an antique or an item
of historical or cultural value but deliberately fails to return it to its
legitimate owner or fails to submit it a competent authority after the owner or
the competent authority requests the return or submission of such property as
prescribed by law 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.
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Article
177. Illegal use of property
1. Any
person who, for self-seeking purposes, illegally uses a piece of property of
another person which is assessed at from VND 100,000,000 to under VND
500,000,000 despite the fact that he/she has incurred a disciplinary or
administrative penalty for the same offence or has an unspent conviction for
the same offence; illegally uses a property which is a relic, an antique or an
item of historical or cultural value, except in the circumstances specified in
Article 220 hereof, shall be liable to a fine of from VND 10,000,000 to VND
50,000,000 , face a penalty of up to 02 years' community sentence or 03 - 24
months' imprisonment.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 50,000,000 to VND 100,000,000 or a penalty of 01 - 05 years' imprisonment:
a) The
property illegally used is assessed at from VND 500,000,000 to under VND 1,500,000,000;
b) The
property illegally used is national treasure;
c) The
offence has been committed more than once;
d) The
offence involves abuse of the offender's position or power;
dd)
Dangerous recidivism.
3. If the
property obtained is assessed at ≥ VND 1,500,000,000, the offender shall face a
penalty of 03 - 07 years' imprisonment.
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Article
178. Deliberate destruction of property
1. Any
person who deliberately destroy another person's property which is assessed at
from VND 2,000,000 to under VND 50,000,000 or property which is a relic or item
of historical or cultural value or property which is assessed at 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 has incurred an administrative penalty for appropriation of property;
b) The
offender has an unspent conviction for the same offence;
c) The
offence has a negative impact on social safety, order and security;
dd) The
property destroyed is the primary means of livelihood of the victim and the
victim's family; the property obtained is a souvenir, memento or religious item
that has a spiritual value to the victim.
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) The
property damaged is assessed at from VND 2,000,000 to under VND 50,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
property damaged is assessed at from VND 200,000,000 to under VND 500,000,000;
b) The
property damaged is assessed at from VND 50,000,000 to under VND 200,000,000 or
but the offender commits the offence in any of the circumstances specified in
Point a through d Clause 1 of this Article.
4. This
offence committed in any of the following circumstances carries a penalty of 10
- 20 years' imprisonment:
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b) The
property damaged is assessed at from VND 200,000,000 to under VND 500,000,000
or but the offender commits the offence in any of the circumstances specified
in Point a through d Clause 1 of this Article.
5. The
offender may also be liable to a fine of from VND 10,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
179. Negligence that results in property damage of the State, an agency,
organization or enterprise
1. Any
person who is responsible for management of property of the State, an agency,
organization or enterprise and causes property damage which is assessed at from
VND 100,000,000 to under VND 500,000,000 because of his/her negligence shall be
liable to a fine of from VND 100,000,000 to VND 500,000,000 , receive a warning
or face a penalty of up to 3 years' community sentence.
2. If the
property damage is assessed at from VND 500,000,000 to under VND 2,000,000,000,
the offender shall face a penalty of 01 - 05 years' imprisonment.
3. If the
property damage is assessed at ≥ VND 2,000,000,000, the offender shall face a
penalty of 05 - 10 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions, practicing
his/her profession or doing certain jobs for 01 - 05 years.
Article
180. Involuntary infliction of serious property damage
1. Any
person who involuntarily inflicts a damage to another person's property which
is assessed at from VND 100,000,000 to under VND 500,000,000 shall receive a
warning or face a penalty of up to 02 years' community sentence.
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Chapter
XVII
CRIMINAL OFFENCES AGAINST FAMILY LAW
Article
181. Forced marriage or divorce, obstruction of voluntary and civilized marriage,
obstruction of voluntary divorce
Any
person who forces another person to marry against his/her will, obstructs
another person from marrying or maintaining their voluntary and civilized
marriage, forces or obstructs a divorce by means of abuse, mental intimidation,
demand for property or other methods despite the fact that he/she has incurred
a administrative penalty for the same offence shall receive a warning or face a
penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.
Article
182. Adultery
1. Any
married person who marries or cohabits with another person, any unmarried
person who marries or cohabits with another person in the knowledge that he/she
is already married and in any of the following circumstances shall receive a warning
or face a penalty of up to 01 year's community sentence or 03 - 12 months'
imprisonment:
a) The
offence results in the divorce of one or both parties;
b) The
offender has incurred an administrative penalty for the same offence.
2. This
offence committed in any of the following circumstances carries a penalty of 06
- 36 months'' imprisonment:
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b) The
court has issued a decision on dissolution of the marriage or compulsory termination
of the cohabitation but the offender still defies such decision.
Article
183. Organization of child marriage
Any
person who organizes a marriage entered into by a person under the marriageable
age despite the fact that he/she has incurred a administrative penalty for the
same offence 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 years' community sentence.
Article
184. Incest
Any
person who engages in sexual intercourse with another person in the knowledge
that he/she is in a consanguineous relationship, a sibling or half-sibling
shall face a penalty of 01 - 05 years' imprisonment.
Article
185. Maltreatment or abuse of one's grandparent, parent, spouse, child,
grandchild or caregiver
1. Any
person who maltreats or commits violent acts against his/her grandparent,
parent, spouse, child, grandchild or caregiver in any of the following
circumstances shall receive a warning, face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment:
a) The
victim suffers from regular physical and mental pain;
b) The
offender has incurred an administrative penalty for the same offence.
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a) The
offence is committed against a person under 16, a woman with the full knowledge
of her pregnancy or an old and weak person;
b) The
offence is committed against a person with severe or extremely severe
disabilities or a person having a fatal disease.
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 under a court decision denies or avoids such obligation and such denial
or avoidance results in serious bodily harm of the recipient or the offender
has incurred an administrative penalty for the same offence, the offender shall
receive a warning, face a penalty of up to 02 year's community sentence or 03 -
24 months' imprisonment.
Article
187. Surrogacy for commercial purposes
1. A
person who organizes surrogacy for commercial purposes shall be liable for a
fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 02
years' community sentence or 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 against 02 or more people;
b) The
offence has been committed more than once;
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d)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Chapter
XVIII
ECONOMIC OFFENCES
Section
1. CRIMINAL OFFENCES AGAINST REGULATIONS OF LAW ON PRODUCTION, BUSINESS and
TRADE
Article
188. Smuggling
1. Any
person who conducts deals in the following goods across the border or between a
free trade zone and the domestic market against the law 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) 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 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 any of the aforementioned offences,
except in the circumstances specified in Article 248, 249, 250, 251, 252, 253,
254, 304, 305, 306, 309 and 311 hereof;
b)
Relics, antiques or items of historical or cultural value.
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a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;
d) The
illegal profit reaped is from VND 100,000,000 to under VND 500,000,000;
dd) The
illegal goods are national treasure;
e) The
offence involves the abuse of the offender's position or power;
g) The
offence is committed in the name of an agency or organization;
h) The
offence has been committed more than once;
i)
Dangerous recidivism.
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a) The
illegal goods are assessed at from VND 500,000,000 to under VND 1,000,000,000;
b) The
illegal profit reaped is 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 12
- 20 years' imprisonment:
a) The
illegal goods are assessed at ≥ VND 1,000,000,000;
b) The
illegal profit reaped is ≥ VND 1,000,000,000;
c) The
offender takes advantage of a war, natural disaster, epidemic or other extreme
hardship to commit the offence.
5. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
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 smuggled items are goods, Vietnamese currency, foreign
currencies, rare metals, gemstones assessed at from VND 200,000,000 to under
VND 300,000,000 or below VND 100,000,000, relics, antiques or items of
historical or cultural values and 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 the offender has an unspent
conviction for one of the aforementioned offences, except in the circumstances
specified in Point d of this Clause;
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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 7,000,000,000;
d) A
corporate legal entity that commits this offence in any of the circumstances
specified in Clause 4 of this Article shall be liable to a fine of from VND
7,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36
months;
dd) A
corporate legal entity that commits this offence in the circumstances specified
in Article 79 hereof shall be permanently shut down;
e) The
violating 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.
Article
189. Illegal transport of goods or money across the border
1. Any
person who illegally transports the following goods across the border or
between a free trade zone and the domestic market 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 03 - 24 months' imprisonment:
a) 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 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 any of the aforementioned offences,
except in the circumstances specified in Article 248, 249, 250, 251, 252, 253,
254, 304, 305, 306, 309 and 311 hereof;
b)
Relics, antiques or items of historical or cultural value.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years'
imprisonment:
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b) The
illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;
c) The
illegal goods are national treasure;
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 has been committed more than once;
g)
Dangerous recidivism.
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.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
5.
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 circumstances specified
in 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 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 circumstances specified
in Article 79 hereof shall be permanently shut down;
dd) The
violating 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.
Article
190. Manufacturing and trading of banned goods
1. Any
person who manufactures or deals in goods banned from trading, using or that
have not been permitted for trading or using in Vietnam by the State in the
following cases 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
illegal goods are chemicals, antibiotics, veterinary medicines, pesticides
banned from farming, breeding, aquaculture, salt production, preparation,
processing, storage of agriculture, forestry, aquaculture products and salts;
b) Other
illegal goods that are assessed at from VND 100,000,000 to under VND
300,000,000;
c) The
illegal profit reaped is from VND 50,000,000 to under VND 200,000,000;
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dd)
Banned goods assessed at from VND 50,000,000 to under VND 100,000,000 are
traded across the border or between a free trade zone and the domestic market,
illegal profit reaped is from VND 20,000,000 to under VND 50,000,000.
2. 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 05 - 10 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves the abuse of the offender's position or power;
c) The
offence is committed in the name of an agency or organization;
d) The
offence is committed in a professional manner;
dd)
Illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;
e) The
illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
g) Banned
goods in the circumstances specified in Point a through d Clause 1 of this
Article are traded across the border or between a free trade zone and the
domestic market;
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3. This
offence committed in any of the following circumstances carries a penalty of 08
- 15 years' imprisonment:
a) The
illegal goods are assessed at ≥ VND 500,000,000;
b) The
illegal profit earned is ≥ VND 500,000,000.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works 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 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 the circumstances specified
in 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 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;
d) A
corporate legal entity that commits this offence in the circumstances specified
in Article 79 hereof shall be permanently shut down;
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Article
191. Possession and transport of banned goods
1. Any
person who possesses or transports goods banned from trading, using or that
have not been permitted for trading or using in Vietnam by the State in the
following cases, except in the circumstances specified in Article 249, 250,
253, 254, 304, 305, 306, 309 and 311 hereof, 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
illegal goods are chemicals, antibiotics, veterinary medicines, pesticides
banned from farming, breeding, aquaculture, salt production, preparation,
processing, storage of agriculture, forestry, aquaculture products and salts;
b) The
illegal goods are assessed at from VND 100,000,000 to under VND 300,000,000;
c) The
illegal profit reaped is from VND 50,000,000 to under VND 200,000,000;
d) Other
illegal goods are assessed at under VND 100,000,000 or illegal profit is under
VND 50,000,000 but the offender has incurred an administrative penalty for the
same offence or any of the offences specified in Article 188, 189, 190, 192,
193, 194, 195, 196 and 200 hereof or the offender has an unspent conviction for
any of the aforementioned offences ;
dd)
Banned goods assessed at from VND 50,000,000 to under VND 100,000,000 are
trafficked across the border or between a free trade zone and the domestic
market, illegal profit reaped is from VND 20,000,000 to under VND 50,000,000.
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;
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c) The
offence is committed in the name of an agency or organization;
d) The
offence is committed in a professional manner;
dd)
Illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;
e) The
illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
g) Banned
goods in the circumstances specified in Point a through d Clause 1 of this
Article are traded across the border or between a free trade zone and the
domestic market;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
illegal goods are assessed at ≥ VND 500,000,000;
b) The
illegal profit reaped is ≥ VND 500,000,000;
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4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
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 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 the circumstances specified
in 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 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;
d) A
corporate legal entity that commits this offence in the circumstances 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.
Article
192. Manufacturing and trading of counterfeit goods
1. Any
person who manufactures or deals in counterfeit goods in the following cases
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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b) The
quantity of counterfeit goods is equivalent to an amount of genuine goods or
goods of the same specifications or uses assessed at from VND 30,000,000 to
under VND 150,000,000 if selling prices, posted prices or prices on invoices of
counterfeit goods cannot be determined;
c) The
counterfeit goods are assessed at under VND 20,000,000 according to their
selling prices, posted prices or prices on invoices or the quantity of
counterfeit goods is equivalent to an amount of genuine goods or goods of the
same specifications or uses assessed at under VND 30,000,000 but the offender
has incurred an administrative penalty for the same offence or any of the
offences specified in Article 188, 189, 190, 191, 193, 194, 195, 196 and 200
hereof or has an unspent conviction for any of the aforementioned offences ;
dd) The
counterfeit goods assessed at under VND 20,000,000 according to their selling
prices, posted prices or prices on invoices or the quantity of counterfeit
goods is equivalent to an amount of genuine goods or goods of the same
specifications or uses assessed at under VND 30,000,000 but they cause
either 31% - 60% WPI for a person, a total WPI of 31% - 60% for 02 or more
people, or property damage 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;
d) The
offence is committed in the name of an agency or organization;
dd) The
counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000
according to their selling prices, posted prices or prices on invoices;
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g) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
h) The
offence results in the death of a person;
i) The
offence causes ≥ 61% WPI for a person;
k) The
offence causes a total WPI of 61% - 121% for 02 or more people;
l) The
property damage is from VND 500,000,000 to under VND 1,500,000,000;
m)
Counterfeit goods in the circumstances specified in Clause 1 of this Article
are traded across the border or between a free trade zone and the domestic
market;
n)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
production cost of counterfeit goods is ≥ VND 100,000,000;
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c) The
quantity of counterfeit goods is equivalent to an amount of genuine goods or
goods of the same specifications or uses assessed at ≥ VND 500,000,000 if
selling prices, posted prices or prices on invoices of counterfeit goods cannot
be determined;
d) The
illegal profit earned is ≥ VND 500,000,000;
dd) The
offence results in the death of 02 or more people;
e) The
offence results in bodily harm of 02 or more people, each of whom suffers from
≥ 61% WPI;
g) The
offence causes a total WPI of ≥ 122% for 02 or more people;
h) The
property damage is ≥ VND 1,500,000,000.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
50,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
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 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;
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c) A
corporate legal entity that commits this offence in 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;
d) A
corporate legal entity that commits this offence in the circumstances 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.
Article
193. Manufacturing and trading of counterfeit food or food additives
1. Any
person who manufactures or deals in counterfeit food or food additives shall
face a penalty of 02 - 05 years' imprisonment.
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.
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dd) The
offence is committed in the name of an agency or organization;
e)
Counterfeit goods are trafficked across the border or between a free trade zone
and the domestic market;
g) The
counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000
according to their selling prices, posted prices or prices on invoices;
h) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices,
posted prices or prices on invoices of counterfeit goods cannot be determined;
i) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
k) The
offence causes 31% - 60% WPI for a person;
l) The
offence causes a total WPI of 31% - 60% for 02 or more people;
m) 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 10
- 15 years' imprisonment:
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b) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at ≥ VND 500,000,000 if selling prices, posted prices or prices on
invoices of counterfeit goods cannot be determined;
c) The
illegal profit reaped is 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 a person;
e) The
offence causes a total WPI of 61% - 121% for 02 or more people;
g) 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
illegal profit earned is ≥ VND 1,500,000,000;
b) The
offence results in the death of 02 or more people;
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d) The
offence causes a total WPI of ≥ 122% WPI for 02 or more people;
dd) The
property damage is ≥ VND 1,500,000,000.
5. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
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 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 the circumstances specified
in 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 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;
d) A
corporate legal entity that commits this offence in the circumstances 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 circumstances specified
in Article 79 hereof shall be permanently shut down;
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Article
194. Manufacturing and trading of counterfeit medicines for treatment or
prevention of diseases
1. Any
person who manufactures or deals in counterfeit medicines for treatment or
prevention of diseases 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) 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)
Counterfeit goods are trafficked across the border or between a free trade zone
and the domestic market;
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h) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices,
posted prices or prices on invoices of counterfeit goods cannot be determined;
i) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
k) The
offence causes 31% - 60% WPI for a person;
l) The
offence results in bodily harm to 02 or more people, each of whom suffers from
31% - 60% WPI;
m) 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
counterfeit goods are assessed at ≥ VND 200,000,000 according to their selling
prices, posted prices or prices on invoices;
b) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at ≥ VND 500,000,000 if selling prices, posted prices or prices on
invoices of counterfeit goods cannot be determined;
c) The
illegal profit reaped is from VND 500,000,000 to under VND 2,000,000,000;
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dd) The
offence causes ≥ 61% WPI for a person;
e) The
offence results in a total 61% - 121% WPI of 02 or more people;
g) 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 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 or more people;
c) The
offence results in bodily harm to 02 or more people, each of whom suffers from
≥ 61% WPI;
dd) The
offence causes a total WPI of ≥ 122% for 02 or more people;
dd) The
property damage is ≥ VND 1,500,000,000.
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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 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 the circumstances specified
in Clause 2 of this Article shall be liable to fine of from VND 4,000,000,000
to VND 9,000,000,000;
c) A
corporate legal entity that commits this offence in the circumstances specified
in Clause 3 of this Article shall be liable to a fine of from VND 9,000,000,000
to VND 15,000,000,000;
d) A
corporate legal entity that commits this offence in the circumstances 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 circumstances 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.
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 cases 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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b) The
quantity of counterfeit goods is equivalent to an amount of genuine goods or
goods having the same functions assessed at from VND 30,000,000 to under VND
150,000,000 if selling prices, posted prices or prices on invoices of
counterfeit goods cannot be determined;
c) The
counterfeit goods are assessed at under VND 20,000,000 according to their selling
prices, posted prices or prices on invoices or the quantity of counterfeit
goods is equivalent to an amount of genuine goods or goods having the same
functions assessed at under VND 30,000,000 but the offender has incurred an
administrative penalty for the same offence or any of the offences specified in
Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has an unspent
conviction for any of the aforementioned offences ;
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)
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;
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g) The
counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000
according to their selling prices, posted prices or prices on invoices;
h) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices,
posted prices or prices on invoices of counterfeit goods cannot be determined;
i) The
property damage is from VND 500,000,000 to under VND 1,500,000,000;
k) The
illegal profit earned is 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 10
- 15 years' imprisonment:
a) The
counterfeit goods are assessed at ≥ VND 200,000,000 according to their selling
prices, posted prices or prices on invoices;
b) The
quantity of counterfeit goods is equivalent to an amount of genuine goods
assessed at ≥ VND 500,000,000 if selling prices, posted prices or prices on
invoices of counterfeit goods cannot be determined;
c) The
property damage caused by the offence is assessed at from VND 1,500,000,000 to
under VND 3,000,000,000;
d) The
illegal profit reaped is from VND 500,000,000 to under VND 2,000,000,000;
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a) The
property damage is ≥ VND 3,000,000,000;
b) The
illegal profit earned is ≥ VND 2,000,000,000.
5. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
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 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 the circumstances specified in 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 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;
d) A
corporate legal entity that commits this offence in the circumstances specified
in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000
to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;
dd) A
corporate legal entity that commits this offence in the circumstances specified
in Article 79 hereof shall be permanently shut down;
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Article
196. Hoarding
1. Any
person who takes advantage of the scarcity or fakes scarcity during a natural
disaster, epidemic, war or financial hardship to buy in large quantities and
stockpile goods from a price stabilization program or goods priced by the State
in order to earn illegal profit in any of the following circumstances shall be
liable to a fine of from VND 30,000,000 to VND 300,000,000 or face a penalty of
06 - 36 months' imprisonment:
a) The
goods are assessed at from VND 500,000,000 to under VND 1,500,000,000;
b) The
illegal profit reaped is 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 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
offence involves the abuse of the offender's position or power;
c) The
offence is committed in the name of an agency or organization;
d) The
goods are assessed at from VND 1,500,000,000 to under VND 3,000,000,000;
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e) The
offence has a negative impact on social safety, order and security.
3. This
offence committed in any of the following circumstances carries a fine of from
VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 07 - 15 years'
imprisonment:
a) The
goods are assessed at ≥ VND 3,000,000,000;
b) The
illegal profit reaped is ≥ VND 1,000,000,000;
c)
Dangerous recidivism.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
200,000,000, be prohibited from holding certain positions or doing certain
works 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
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 fine of from VND 1,000,000,000
to VND 4,000,000,000;
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d) 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.
Article
197. False advertising
1. Any
person who falsely advertises his/her goods or services despite the fact that
he/she has incurred an administrative penalty or has an unspent conviction for
the same offence shall be liable to a fine of from VND 10,000,000 to VND
100,000,000 or face a penalty of up to 03 years' community sentence.
2. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
198. Deceiving customers
1. Any
person who fraudulently measures goods or services or commits other fraudulent
acts while buying or selling goods/services in any of the following
circumstances shall receive a warning, be liable to a fine of from VND
10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community
sentence:
a) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence;
b) The
illegal profit reaped is from VND 5,000,000 to under VND 50,000,000.
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 01 - 05 years' imprisonment:
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b) The
offence is committed in a professional manner;
c) The
offence involves the use of deceitful methods;
d) The
illegal profit earned is ≥ VND 50,000,000.
3. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
199. Offences related to electricity supply
1. A
person who commits any of the following acts and causes bodily harm for a
person who suffers 31% - 60% WPI, causes bodily harm for 02 or more people who
suffers a total WPI of 31% - 60% or causes property damage assessed at from VND
100,000,000 to under VND 500,000,000 or such person has incurred a disciplinary
or administrative penalty or has an unspent conviction for the same offence
shall be liable to a fine of from VND 30,000,000 to VND 150,000,000, face a
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:
a)
Cutting electricity without legitimate reasons or notification as prescribed;
b)
Refuses to supply electricity without legitimate reasons;
c)
Delaying solving an electricity break down without legitimate reasons;
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a) The
offence results in the death of a person;
b) The
offence results in bodily harm to a person who suffers ≥ 61% WPI or bodily harm
to 02 or more people who suffer totally 61% - 121% WPI;
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 02 or more people;
b) The
offence results in bodily harm to 02 or more people, each of whom suffers ≥ 61%
WPI or bodily harm to 02 or more people who suffer totally ≥ 122% WPI;
c) The
property damage is ≥ 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, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Section
2. OFFENCES RELATED TO TAXATION, FINANCE, BANKING, SECURITIES, INSURANCE
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1. A
person who commits any of the following acts of tax evasion with an amount of
from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 despite
the fact that he/she has incurred an administrative penalty for tax evasion or
has an unspent conviction for any of the offences specified in Article 188,
189, 190, 191, 192, 193, 194, 195, 196, 202, 248, 249, 250, 251, 252, 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 - 24 months'
imprisonment:
a)
Failure to submit the application for tax registration; failure to submit tax
declaration; failure to submit tax declarations on schedule 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 of
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;
g)
Deliberately omitting tax or declaring incorrect tax on exported or imported
goods;
h)
Colluding with the shipper to import goods;
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2. This
offence committed in any of the following circumstances carries a fine of from
VND 500,000,000 to VND 1,500,000,000 or a penalty of 01 - 03 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
amount of tax evaded is from VND 300,000,000 to under VND 1,000,000,000;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence has been committed more than once;
dd)
Dangerous recidivism.
3. If the
evaded tax is ≥ VND 1,000,000,000, the offender shall be liable to a fine of
from VND 1,500,000,000 to VND 4,500,000,000 or face a penalty of 02 - 07 years'
imprisonment.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
5.
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 any of the circumstances
specified in 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 any of the circumstances
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.
Article
201. Usury in civil transactions
1. Any
person who offers loans at an interest rate that is five times higher than the
maximum interest rate specified in the Civil Code and earns an illegal profit
of from VND 30,000,000 to under VND 100,000,000 or recommits this offence
despite the fact that he/she has incurred an administrative penalty or has an
unspent conviction for the same offence 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.
2. If the
illegal profit earned is ≥ VND 100,000,000, the offender shall be liable to a
fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of 06 - 36
months' imprisonment.
3. The
offender might also be liable to a fine of from VND 30,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
202. Making, dealing in fake stamps or tickets
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a) The
quantity of fake stamps or tickets without face values is from 15,000 to under
30,000 pieces;
b) The
value of fake stamps or tickets having face values is from VND 50,000,000 to
under VND 200,000,000;
c) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence;
d) The
illegal profit reaped is from VND 30,000,000 to under VND 100,000,000;
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 02 - 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves the abuse of the offender's position or power;
c) The
quantity of fake stamps or tickets without face values is ≥ 30,000 pieces;
d) The
value of fake stamps or tickets having face values is ≥ VND 200,000,000;
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c)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
203. Printing, issuing, dealing in illegal invoices and receipts for payment of
state revenues
1. Any
person who prints, issues, deals in illegal blank invoices and receipts for
payment of state revenues with a quantity of 50 - 100 or illegal filled
invoices and receipts with a quantity of 10 - 30 or the illegal profit earned
is from VND 30,000,000 to under VND 100,000,000 shall be liable to a fine of
from VND 50,000,000 to VND 200,000,000, 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 fine of from
VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 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;
d) The
quantity of blank invoices and receipts is ≥ 100; the quantity of filled
invoices an receipts is ≥ 30;
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e) The
loss incurred by state budget is ≥ VND 100,000,000;
g)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
4.
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
100,000,000 to VND 500,000,000;
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 fine of from VND
500,000,000 to VND 1,000,000,000;
c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Article 79 hereof shall be permanently shut down;
d) 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.
Article
204. Violations against regulations on preservation, management of invoices and
receipts for payment of state revenues
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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 06 - 03 years' imprisonment:
a) The
offence has been committed more than once;
b) The
loss is ≥ VND 500,000,000.
3. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
205. Establishing illegal funds
1. Any
person who abuses his/her position or power to establish a fund against the law
and the use of such fund results in damage state property from VND 50,000,000
to under VND 200,000,000 or recommits this offence despite the fact that he/she
has incurred a disciplinary penalty for the same offence shall be liable to a
fine of from VND 50,000,000 to VND 100,000,000 or face a penalty of up to 03
years' community sentence.
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 01 - 05 years' imprisonment:
a)
Deceitful methods are employed to avoid control;
b) The
fund is established to commit other illegal acts;
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3. If the
damage to state property is ≥ VND 1,000,000,000, the offender shall face a
penalty of 05 - 10 years' imprisonment.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
206. Violations against regulations on operation of credit institutions and
branches of foreign banks
1. A
person who deliberately commits any of the following acts that lead to property
damage assessed at from VND 100,000,000 to under VND 300,000,000 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)
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 for credit extension as prescribed by law;
c)
Trespassing credit safety limits prescribed by the Law on credit institutions
or falsely increasing value of collateral during assessment in order to extend
credit;
d) Violations
against regulations on total credit balance applied to entities restricted from
credit extension;
dd)
Extending credits beyond the equity to a client and relevant persons, unless
the approval is granted by a competent person as prescribed by law;
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g)
Issuing, providing, using of illegal payment facilities; forging payment
documents or payment facilities; using fake payment documents or payment
facilities; engaging in banking operation without permission by a competent
authority.
2. If the
property damage caused by the offence is assessed at from VND 300,000,000 to
under VND 1,000,000,000, the offender shall face a penalty of 03 - 07 years'
imprisonment.
3. If the
property damage caused by the offence is assessed at from VND 1,000,000,000 to
under VND 3,000,000,000, the offender shall face a penalty of 07 - 12 years'
imprisonment.
4. If the
property damage caused by the offence is assessed at ≥ VND 3,000,000,000, the
offender shall face a penalty of 12 - 20 years' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
207. Production, possession, transport of counterfeit money
1. Any
person who produces, possesses or transports counterfeit money shall face a
penalty of 03 - 07 years' imprisonment.
2. If
value of counterfeit money is from VND 5,000,000 to under VND 50,000,000, the
offender shall face a penalty of 05 - 12 years' imprisonment.
3. If
value of counterfeit money is ≥ VND 50,000,000, the offender shall face a
penalty of 10 - 20 years' imprisonment or life imprisonment.
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5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000 or have all or part of his/her property confiscated.
Article
208. Production, possession, transport, circulation of counterfeit negotiable
instruments or other valuable papers
1. Any
person who produces, possesses, transports or circulates counterfeit negotiable
instruments or other valuable papers shall face a penalty of 02 - 07 years'
imprisonment.
2. If
value of counterfeit negotiable instruments or valuable papers is from VND
10,000,000 to under VND 100,000,000, the offender shall face a penalty of 05 -
10 years' imprisonment.
3. If
value of counterfeit negotiable instruments or valuable papers is from VND
100,000,000 to under VND 300,000,000, the offender shall face a penalty of 10 -
15 years' imprisonment.
4. If
value of counterfeit negotiable instruments or valuable papers is ≥ VND
300,000,000, the offender shall face a penalty of 15 - 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 have all or part of his/her property confiscated.
Article
209. Provision of false information or concealment of information in securities
activities
1. Any
person who deliberately provides false information or conceals information in
offering, listing, trading securities, market organization, registration,
depositing, clearing or paying for securities in any of the following
circumstances shall be liable to a fine of from VND 100,000,000 to VND
500,000,000 or up to 02 years' community sentence or 03 - 24 months' imprisonment:
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b) The
illegal profit reaped is from VND 500,000,000 to under VND 1,000,000,000;
c) The
offender has incurred an administrative penalty for the same offence.
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 01 - 05 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
illegal profit reaped is ≥ VND 1,000,000,000;
c) The
loss incurred by investors is ≥ VND 3,000,000,000;
d)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
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 circumstances specified
in Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000
to VND 5,000,000,000;
c) The
violating corporate legal entity might also be banned from operating in certain
fields or raising capital for 01 - 03 years.
Article
210. Use of internal information for trading securities
1. Any
person who has information about a public company or public fund which has not
been published and could remarkably affect securities price of that public
company or public fund but and uses such information to deal in securities or
discloses it or provides it for another person for trading securities and earns
an illegal profit of from VND 300,000,000 to under VND 1,000,000,000 or causes
a loss to investors of from VND 500,000,000 to under VND 1,500,000,000 shall be
liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty
of 07 - 36 months' imprisonment.
2. 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 02 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
illegal profit reaped is ≥ VND 1,000,000,000;
c) The
loss incurred by investors is ≥ VND 1,500,000,000;
d)
Dangerous recidivism.
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4.
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 the circumstances specified
in Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000
to VND 10,000,000,000;
c) The
violating corporate legal entity might also be banned from operating in certain
fields or raising capital for 01 - 03 years.
Article
211. Manipulation of securities market
1. A
person who deliberately commits any of the following acts and earns a profit of
from VND 500,000,000 to under VND 1,500,000,000 or causes a loss to investors
of from VND 1,000,000,000 to under VND 3,000,000,000 shall be liable to a fine
of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 06 - 36
months' imprisonment:
a) Using
one or multiple accounts of the offender or another person or colluding with
another person, to continuously buying and selling securities in order to
create false demand and supply;
b)
Colluding with another person to place orders for purchase and sale of the same
type of securities within the day or selling and buying securities without
actual transfer of ownership or ownership is only transferred within the group
in order to create false demand and supply;
c)
Continuously buying or selling securities with a controlling quantity at the
opening or closing time of the market in order to create a new closing price or
opening price for such type of securities on the market;
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dd) Offer
opinions whether directly or via the media about a type of securities or
securities issuer in order to affect the price of that type of securities after
a transaction has been made in order to have an advantage from it.
e) Using
other methods or commit other acts to create false demand and supply in order
to manipulate securities prices.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 2,000,000,000 to VND 4,000,000,000 or a penalty of 02 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
illegal profit reaped is ≥ VND 1,500,000,000;
c) The
loss incurred by investors is ≥ VND 3,000,000,000;
d)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
250,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
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 circumstances specified
in 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 Article 79 hereof shall be permanently shut down;
d) The
violating corporate legal entity might also be liable to a fine of from VND
500,000,000 to VND 2,000,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.
Article
212. Forging documents in offering or listing profile
1. A
person who forges documents of the offering or listing profile and earns a
profit of from VND 1,000,000,000 to under VND 2,000,000,000 or causes a loss to
investors of from VND 1,000,000,000 to under VND 3,000,000,000 shall be liable
to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 06
- 36 months' imprisonment.
2. 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 02 - 07 years'
imprisonment:
a) The
illegal profit earned is ≥ VND 2,000,000,000;
b) The
loss incurred by investors is ≥ VND 3,000,000,000;
c) The
offence is committed by an organized group;
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3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
250,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
213. Insurance fraud
1. A
person who commits any of the following acts and illegally obtain an amount of
insurance payout of from VND 20,000,000 to under VND 100,000,000 or causes
damage assessed at from VND 50,000,000 to under VND 200,000,000 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.
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 01 - 03 years' imprisonment:
a) The
offence is committed by an organized group;
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b) The
amount of insurance payout illegally obtained is from VND 100,000,000 to under
VND 500,000,000;
d) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 1,000,000,000;
dd)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
amount of insurance payout illegally obtained is ≥ VND 500,000,000;
b) The
damage is ≥ VND 1,000,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
5.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) If
this offence involves any of the factors specified in Clause 1 of this Article
and the amount of insurance payout illegally obtained is from VND 200,000,000
to under VND 1,000,000,000 or the damage inflicted is from VND 400,000,000 to
under VND 2,000,000,000, the offender shall be liable to a fine of from VND
200,000,000 to VND 1,000,000,000;
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c) If 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 banned from
operating in certain fields or raising capital for 01 - 03 years.
Article
214. Social insurance and unemployment insurance fraud
1. A
person who commits any of the following acts and to illegally obtain an amount
of social insurance or unemployment insurance payout of from VND 10,000,000 to
under VND 100,000,000 or causes damage assessed at from VND 20,000,000 to under
VND 200,000,000 except in the circumstances specified in Article 174, 353 and
355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000
or face a penalty of up to 02 years' community sentence or 03 - 24 months'
imprisonment:
a)
Forging or falsifying social insurance or unemployment insurance documents to
deceive social insurance authorities;
b) Using
forged or falsified documents to deceive social insurance authorities into
providing social insurance or unemployment insurance benefits.
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 - 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
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d) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 500,000,000;
dd) The
offence involves the use of deceitful methods;
c)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
amount of social insurance or unemployment insurance payout illegally obtained
is ≥ VND 500,000,000;
b) The
damage is ≥ 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, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
215. Health insurance fraud
1. A
person who commits any of the following acts and to illegally obtain an amount
of health insurance payout of from VND 10,000,000 to under VND 100,000,000 or
causes damage assessed at from VND 20,000,000 to under VND 200,000,000 except
in the circumstances specified in Article 174, 353 and 355 hereof shall be
liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of
up to 02 years' community sentence or 03 - 24 months' imprisonment:
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b)
Forging documents, health insurance cards or using fake, revoked, falsified
health insurance cards, health insurance cards of other people in order to
illegally obtain health insurance benefits.
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 - 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence is committed in a professional manner;
c) The
amount of health insurance payout illegally obtained is from VND 100,000,000 to
under VND 500,000,000;
d) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 500,000,000;
dd) The
offence involves the use of deceitful methods;
c)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
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b) The
damage is ≥ 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, be prohibited from holding certain positions or doing certain
works for 01 - 05 years.
Article
216. Evading payment of social insurance, health insurance, unemployment
insurance for workers
1. A
person who is responsible for paying social insurance, health insurance and
unemployment insurance for his/her workers but fails to pay or pays
insufficiently for 06 months or more in any of the following circumstances
despite the fact that he/she has incurred an administrative penalty for the
same offence shall be liable to a fine of from VND 50,000,000 to VND
200,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12
months' imprisonment:
b) The
amount of insurance contribution evaded is from VND 50,000,000 to under VND
300,000,000;
b) The
offenders evades paying pay insurance for 10 - 49 workers.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 500,000,000 or a penalty of 06 - 36 months'
imprisonment:
a) The
offence has been committed more than once;
b) The
amount of insurance contribution evaded is from VND 300,000,000 to under VND
1,000,000,000;
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d) The
offenders collects or deducts insurance contribution from the workers as
prescribed in Point a or Point b Clause 1 of this Article but fails to pay
insurance.
3. 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 02 - 07 years'
imprisonment:
a) The
amount of insurance contribution evaded is ≥ VND 1,000,000,000;
b) The
offender fails to pay insurance for ≥ 200 workers;
c) The
offenders collects or deducts insurance contribution from the workers as
prescribed in Point b or Point c Clause 2 of this Article but fails to pay insurance.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, be prohibited from holding certain positions or doing certain
works 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
200,000,000 to VND 500,000,000;
b) A
corporate legal entity that commits this offence in the circumstances specified
in Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to
VND 1,000,000,000;
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Section
3. OTHER CRIMINAL OFFENCES AGAINST ECONOMIC LAW
Article
217. Offences against regulations of law on competition
1. Any
person who participates in or commits any of the following violations against
regulations on competition and earns an illegal profit of from VND 500,000,000
to under VND 3,000,000,000 or causes damage for another person assessed at from
VND 1,000,000,000 to under VND 5,000,000,000 shall be liable to a fine of from
VND 200,000,000 to VND 1000,000,000 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.
2. 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 01 - 05 years'
imprisonment:
a) The
offence has been committed more than once;
b) The
offence involves the use of deceitful methods;
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d) The
illegal profit earned is ≥ VND 5,000,000,000;
dd) The
damage incurred by other enterprises is ≥ VND 3,000,000,000.
3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
4.
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 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 - 24
months;
c) The
violating corporate legal entity might also be liable to a fine of from VND
100,000,000 to VND 500,000,000, banned from operating in certain fields or
raising capital for 01 - 03 years.
Article
218. Offences against regulations of law property auction
1. A
person who commits any of the following violations and earns an illegal profit
of from VND 30,000,000 to under VND 200,000,000 or causes damage for another
person assessed at from VND 50,000,000 to under VND 300,000,000 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 03 - 24 months' imprisonment.
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b)
Forging documents to participate in the auction;
c)
Colluding with other people to decrease or increase prices during a property
auction.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
illegal profit reaped is ≥ VND 200,000,000;
c) The
damage is ≥ VND 300,000,000;
d) The
offence has been committed more than once;
dd) The
offence involves the use of deceitful methods;
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
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Any
person who is responsible for the management and use of State-owned property
but causes a loss or wastefulness of from VND 100,000,000 to under VND
300,000,000 or under VND 100,000,000 while having incurred a disciplinary
penalty for the same offence shall 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
- 12 years' imprisonment:
a) The
offence is committed for self-seeking purposes;
b) The
offence is committed by an organized group;
c) The
offence involves the use of deceitful methods;
d) The
property damage caused by the offence is assessed at from VND 300,000,000 to
under VND 1,000,000,000.
3. If the
property damage caused by the offence is assessed at from ≥ VND 1,000,000,000,
the offender shall face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
220. Offences against regulations on the management and use public capital that
lead to serious consequences
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a)
Violations against regulations on decision of investment policies;
b)
Violations against regulations on establishment and assessment of investment policies;
c)
Violations against regulations on deciding investment in programs/projects;
d)
Violations against regulations on counseling and designing programs/projects.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 12 years' imprisonment:
a) The
offence is committed for self-seeking purposes;
b) The
offence is committed by an organized group;
c) The
offence involves the use of deceitful methods;
d) The
offence results in damage from VND 300,000,000 to under VND 1,000,000,000.
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4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
221. Offences against regulations of law on accounting that lead to serious
consequences
1. A
person who abuses his/her position or power to commit any of the following acts
and causes damage assessed at from VND 100,000,000 to under VND 300,000,000 or
under VND 100,000,000 while having incurred a disciplinary penalty for the same
offence shall face a penalty of up to 03 years' community sentence or 01 - 05
years' imprisonment:
a) Forging,
falsifying accounting documents or colluding with, forcing another person to do
so;
b)
Inciting, colluding with or forcing another person to provide or certify
incorrect accounting information and data;
c)
Omitting assets of or related to the accounting unit from its accounting books;
d)
Destroying or deliberately damaging accounting documents before expiration of
retention period prescribed in the Law on Accounting;
dd)
Making two or more accounting book systems to omit assets, capital sources, funds
of the accounting unit from its accounting books.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 12 years' imprisonment:
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b) The
offence is committed by an organized group;
c) The
offence involves the use of deceitful methods;
d) The
offence results in damage from VND 300,000,000 to under VND 1,000,000,000.
3. If the
damage caused by the offence is assessed at VND 1,000,000,000 to over, the
offender shall face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
222. Offences against regulations of law on bidding that lead to serious
consequences
1. A
person who commits any of the following acts and causes damage assessed at from
VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 while having
incurred a disciplinary penalty for the same offence shall face a penalty of up
to 03 years' community sentence or 01 - 05 years' imprisonment:
a)
Illegally interfering with bidding activities;
b)
Colluding with other bidders in bidding;
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d)
Obstructing bidding activities;
dd)
Committing regulations of law on assurance of fairness and transparency of
bidding;
e)
Holding contractor selection before capital sources are determined that result
in inability to pay contractors;
g)
Illegally transferring the contract.
2. This offence
committed in any of the following circumstances carries a penalty of 03 - 12
years' imprisonment:
a) The
offence is committed for self-seeking purposes;
b) The
offence is committed by an organized group;
c) The
offence involves the abuse of the offender's position or power;
d) The
offence involves the use of deceitful methods;
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3. If the
damage caused by the offence is assessed at VND 1,000,000,000 to over, the
offender shall face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
223. Collusion with taxpayer that lead to serious consequences
1. A
person who abuses his/her position or power to commits any of the following
acts and causes a loss of tax from VND 100,000,000 to under VND 300,000,000 or
under VND 100,000,000 while having incurred a disciplinary penalty for the same
offence shall face a penalty of up to 03 years' community sentence or 01 - 05
years' imprisonment:
a)
Granting tax exemption or reduction, cancellation of tax debt or fine or
refunding tax against the Law on Tax administration and other regulations of
law on taxation;
b)
Certifying a taxpayer's fulfillment of his/her tax liability against the Law on
Tax administration and other regulations of law on taxation.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 12 years' imprisonment:
a) The
offence is committed for self-seeking purposes;
b) The
offence is committed by an organized group;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
amount of tax loss is from VND 300,000,000 to under VND 1,000,000,000.
3. If
offence results in a tax loss of VND 1,000,000,000 to over, the offender shall
face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
224. Offences against regulations of law on investment in construction that
lead to serious consequences
1. A
person who abuses his/her position or power to commits any of the following
acts and causes damage assessed at from VND 100,000,000 to under VND
300,000,000 or under VND 100,000,000 while having incurred a disciplinary
penalty for the same offence shall face a penalty of up to 03 years' community
sentence or 01 - 05 years' imprisonment:
a)
Deciding investment in construction against the Law on Construction;
b)
Making, assessing, approving a design or budget estimate, adjusting a budget
estimate, accepting a construction funded by the State against the Law on
Construction;
c)
Selecting unqualified contractors to execute the construction;
d)
Colluding with another entities in falsifying the result of project planning,
survey, design, construction supervision.
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a) The
offence is committed for self-seeking purposes;
b) The
offence is committed by an organized group;
c) The
offence involves the use of deceitful methods;
d) The
offence results in damage from VND 300,000,000 to under VND 1,000,000,000.
3. If the
damage caused by the offence is assessed at VND 1,000,000,000 to over, the
offender shall face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
225. Infringement of copyrights and relevant rights
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 and earns 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;
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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 fine of from
VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 - 03 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
illegal profit reaped is ≥ VND 300,000,000;
d) The
loss incurred by the holders of copyrights and relevant rights is ≥ VND
500,000,000;
dd) The
illegal goods are assessed at ≥ VND 500,000,000.
3. The
offender might also be liable to a fine of from VND 20,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
4.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) Any
corporate legal entity that commits an offence specified in Clause 1 of this
Article despite the fact that it has incurred an administrative penalty or has
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;
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c) 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.
Article
226. Infringement of industrial property rights
1. A
person who infringes upon industrial property rights to a brand name or
geographical indication protected in Vietnam and earns 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.
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 06 - 03 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
illegal profit reaped is ≥ VND 300,000,000;
d) The
loss incurred by the owner of the brand name or geographical indication is ≥
VND 500,000,000;
dd) The
illegal goods are assessed at ≥ VND 500,000,000.
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4.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) Any
corporate legal entity that commits an offence specified in Clause 1 of this
Article despite the fact that it has incurred an administrative penalty or has
an unspent conviction for the same offence shall be liable to a fine of from
VND 500,000,000 to VND 2,000,000,000;
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 2,000,000,000
to VND 5,000,000,000 or has its operation suspended for 06 - 24 months;
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.
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 or recommits
this offence despite the fact that he/she has incurred an administrative
penalty or has an unspent conviction for the same offence 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 survey, exploration, 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 31% - 60% WPI for a person.
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a) The
illegal profit from survey, exploration, extraction of water resources,
petroleum or other 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 bodily harm to 02 people, each of whom suffers ≥ 61% WPI; or
bodily harm to 04 people, each of whom suffers ≥ 31% WPI;
e) The
offence results in the death of a person.
3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
500,000,000.
4.
Punishments incurred by a corporate legal entity that commits any of the
offences specified in this Article:
a) Any
corporate legal entity that commits the offence specified in Clause 1 of this
Article despite the fact that it has incurred an administrative penalty or has
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;
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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.
Article
228. Offences against regulations on land use
1. Any
person who appropriates land, transfers land use right or uses land against
regulations of law on management and use of land despite the fact that he/she
has incurred an administrative penalty or has an unspent conviction for the
same offence 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 06 - 36
months' imprisonment.
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 is committed by an organized group;
b) The
offence has been committed more than once;
c)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
Article
229. Offences against regulations on land management
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a) The
offence involves an area of paddy land from 5,000 m2 to under 30,000
m2; specialized forest, protection forest, production forest land
from 10,000 m2 to under 50,000 m2; farming land and
non-agricultural land from 10,000 m2 to under 40,000 m2;
b) The
offence involves an area of farming land whose land use right is assessed at
from VND 500,000,000 to under VND 2,000,000,000; non-agricultural land whose
land use right is assessed at from VND 1,000,000,000 to under VND
5,000,000,000;
c) The offender
has incurred a disciplinary penalty for the same offence.
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 involves an area of paddy land from 30,000 m2 to under
70,000 m2; specialized forest, protection forest, production forest
land from 50,000 m2 to under 100,000 m2; farming land and
non-agricultural land from 40,000 m2 to under 80,000 m2;
c) The
offence involves an area of farming land whose land use right is assessed at
from VND 2,000,000,000 to under VND 7,000,000,000; non-agricultural land whose
land use right is assessed at from VND 5,000,000,000 to under VND
15,000,000,000;
d) The
offence has a negative impact on social safety, order and security.
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 involves an area of farming land whose land use right is assessed at ≥
VND 7,000,000,000; non-agricultural land whose land use right is assessed at ≥
VND 5,000,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
150,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
230. Offences against regulations on compensation, support and relocation upon
land withdrawal by the State
1. A
person who abuses his/her position or power to commits any of the following
acts and causes property damage assessed at from VND 100,000,000 to under VND
300,000,000 or under VND 100,000,000 while having incurred a disciplinary
penalty for the same offence shall face a penalty of up to 03 years' community
sentence or 01 - 05 years' imprisonment:
a) Violations
against regulations of law on compensation for loss of land, support and
relocation;
b)
Violations against regulations of law on compensation for property damage and
business operation.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 12 years' imprisonment:
a) The
offence if committed for self-seeking purposes or other selfish motives;
b) The
offence is committed by an organized group;
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d) The
offence has a negative impact on social safety, order and security;
dd) The
offence results in damage from VND 300,000,000 to under VND 1,000,000,000.
3. If the
damage caused by the offence is assessed at VND 1,000,000,000 to over, the
offender shall face a penalty of 10 - 20 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain works for 01 - 05 years or have all or part of his/her property
confiscated.
Article
231. Offences against regulations on distribution of relief money or relief
goods
1. Any
person who abuses his/her position or power to act against regulations on
distribution of relief money or relief goods and causes a loss of relief money
or relief goods of from VND 100,000,000 to under VND 300,000,000 shall receive
a warning, be liable to a fine of from VND 50,000,000 to VND 200,000,000 or
face a penalty of up to 02 years' community sentence.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
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d) The
offence has a negative impact on social safety, order and security.
3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
232. Offences against regulations on extraction and protection of forests and
forest product management
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 with a volume of from 20 m3
to under 40 m3 of timber of common species; from 12.5 m3
to under 25 m3 of timber of endangered, rare species in Group IIA;
b)
Illegal logging in a protection 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;
c)
Illegal logging in a specialized forest with a volume of from 15 m3
to under 30 m3 of timber of common species; from 5 m3 to
under 10 m3 of timber of endangered, rare species in Group IIA;
extraction of species in group IIA assessed at from VND 50,000,000 to under VND
100,000,000;
d)
Illegal extraction of forest plants other than timber assessed at from VND
100,000,000 to under VND 200,000,000;
dd)
Extraction of species in Group IA assessed at from VND 30,000,000 to under VND
60,000,000 or from 1 m3 to under 2 m3 of timber in a
production forest or from 0.5 m3 to under 1.5 m3 of
timber in a protection forest or from 0.5 m3 to under 1 m3
of timber in a specialized forest or a wildlife sanctuary;
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g)
Illegal possession, transport, treatment, trading of other species of wild
flora assessed at from VND 300,000,000 to under VND 600,000,000;
h) The
volume or value of illegal goods is below the lower levels specified in Point a
through e of this Clause but the offender has incurred an administrative
penalty or has 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 with a volume of from 40 m3
to under 80 m3 of timber of common species; from 25 m3 to
under 50 m3 of timber of endangered, rare species in Group IIA;
b)
Illegal logging in a protection 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;
c)
Illegal logging in a specialized forest with a volume of from 30 m3
to under 60 m3 of timber of common species; from 10 m3 to
under 20 m3 of timber of endangered, rare species in Group IIA;
d)
Illegal extraction of forest plants other than timber assessed at from VND
200,000,000 to under VND 400,000,000;
dd)
Illegal possession, transport, treatment, trading of from 3 m3 to
under 6 m3 of timber of species 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 endangered, rare species in Group IIA or
alien species in Appendix II of CITES; from 40 m3 to under 80 m3
of timber of common species;
e)
Illegal possession, transport, treatment, trading of other species of wild
flora assessed at from VND 600,000,000 to under VND 1,200,000,000;
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h) The
offence is committed by an organized group;
i)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a)
Illegal logging in a production 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 protection forest with a volume of ≥ 60 m3 of
timber of common species; ≥ 40 m3 of timber of endangered, rare
species in Group IIA;
c)
Illegal logging in a specialized forest with a volume of ≥ 60 m3 of
timber of common species; ≥ 20 m3 of timber of endangered, rare
species in Group IIA;
d)
Illegal extraction of other forest plants assessed at ≥ VND 400,000,000;
dd)
Illegal possession, transport, treatment, trading of ≥ 6 m3 of
timber of species in Group IA or alien species in Appendix I of CITES or List
of endangered and rare species; ≥ 40 m3 of timber of endangered,
rare species in Group IIA or alien species in Appendix II of CITES; ≥ 80 m3
of timber of common species;
e)
Illegal possession, transport, treatment, trading of other species of wild
flora assessed at VND ≥ 1,200,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 the circumstances specified
in Clause 1 of this Article despite the fact that it has incurred an
administrative penalty for the same offence, except in the circumstances
specified in Point g 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 - 36
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 06 - 36
months;
d) 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.
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 afforestation land 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,
except for the case in Article 229 hereof;
b)
Permitting illegal repurposing of forest or afforestation land which involves
an area of from 10,000 m2 to under 12,500 m2 of
production forest, from 7,500 m2 to under 10,000 m2 of
protection forests or from 5,000 m2 to under 7,500 m2 of
specialized forest, except for the case in Article 229 hereof;
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d) The
offender has incurred a disciplinary for the same offence.
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 forest or afforestation land 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 or afforestation land which involves
an area of from 12,500 m2 to under 17,000 m2 of
production forest, from 10,000 m2 to 15,000 m2 of
protection forest or from 7,500 m2 to 12,000 m2 of
specialized forest;
dd)
Permitting illegal extraction or transport of forest products in any of the
circumstances specified in Clause 2 Article 232 hereof.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a)
Illegal allocation or withdrawal forest or afforestation land which involves an
area of ≥ 40,000 m2 of production forest, 30,000 m2 or
over of protection forest or 25,000 m2 or over of specialized
forest;
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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.
Article
234. Offences against regulations on management and 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, transporting, trading of
Endangered, rare animals in Group IIB or animals in Appendix II of CITES
assessed at from VND 300,000,000 to under VND 1,000,000,000; other common wild
animals assessed at from VND 500,000,000 to under VND 1,500,000,000;
b)
Illegal possession, transport, trading of endangered, rare animals in Group IIB
or animals in Appendix II of CITES or body parts or products thereof assessed
at from VND 300,000,000 to under VND 1,000,000,000; common wild animals or body
parts thereof assessed at from VND 500,000,000 to under VND 1,500,000,000;
c) The
value of animals or body parts or products thereof is below the lower limits specified
in Point a and Point b of this Clause but the offender has incurred an
administrative penalty or has 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 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;
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d) Hunting
in a no-hunting area or during a no-hunting period;
dd) The
illegal goods are traded or transported across the border;
e) The
quantity of Endangered, rare animals in Group IIB or animals in Appendix II of
CITES is assessed at from VND 1,000,000,000 to under VND 2,000,000,000; the
quantity of common wild animals or body parts or products thereof is assessed
at ≥ VND 1,500,000,000;
g) The
illegal profit reaped is from VND 200,000,000 to under VND 500,000,000;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
quantity of Endangered, rare animals in Group IIB or animals in Appendix II of
CITES, body parts or products thereof is assessed at ≥ VND 2,000,000,000;
b) The
illegal profit reaped is ≥ VND 500,000,000.
4. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
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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 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 6,000,000,000 or has its operation suspended for 06 - 36
months;
d) A
corporate legal entity that commits this offence in any of the circumstances
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.
Chapter
XIX
ENVIRONMENTAL OFFENCES
Article
235. Causing environmental pollution
1. A
person who commits any of the following acts 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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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 on wastes 10 times or more;
c)
Discharging into the environment wastewater that contain radioactive substances
that cause contamination from 02 - under 04 times above permissible limits in
technical regulations;
d)
Discharging into the environment from 5,000 m3/day to under 10,000 m3/day
of wastewater whose pH is from 0 to under 2 or from 12.5 to 14;
dd) Discharging
into the environment 300,000 m3/day to under 500,000 m3/day
of dust or exhaust gas exceeding the limits in technical regulations 10 times
or more;
e)
Burying, dumping or discharging into the environment from 200,000 kg to under
500,000 kg of conventional solid wastes against the law;
g) Wastes
contain radioactive substances that are radioactive sources of average danger
according to National Technical Regulation on radiation safety and
categorization of radioactive sources beyond permissible limits;
h)
Dispersing radiation into the environment from 02 to under 04 times above the
limits in technical regulations.
2. 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)
Burying, dumping or discharging into the environment ≥ 5,000 kg of hazardous
wastes or persistent organic pollutants in Appendix A of Stockholm Convention
on persistent organic pollutants against the law;
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c)
Discharging into the environment wastewater that contain radioactive substances
that cause contamination ≥ 04 times above permissible limits in technical
regulations;
d)
Discharging into the environment ≥ 10,000 m3/day of wastewater whose
pH is from 0 to under 2 or from 12.5 to 14;
dd)
Discharging into the environment ≥ 500,000 m3/day of dust or exhaust
gas exceeding the limits in technical regulations 10 times or more;
e)
Burying, dumping or discharging into the environment ≥ 500,000 kg of
conventional solid wastes against the law;
g) Wastes
contain radioactive substances that are radioactive sources of above average
danger according to National Technical Regulation on radiation safety and
categorization of radioactive sources beyond permissible limits;
h)
Dispersing radiation into the environment ≥ 04 times above the limits in
technical regulations.
3. A
person that commits any of the following acts despite the fact that he/she has
incurred an administrative penalty or has an unspent conviction for the same
offence 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) Burying,
dumping or discharging into the environment from 1,000 kg to under 3,000
kg of hazardous wastes or persistent organic pollutants in Appendix A of
Stockholm Convention on persistent organic pollutants against the law;
b)
Transferring, giving, buying, selling ≥ 2,000 kg of banned hazardous wastes or
persistent organic pollutants against the law;
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d)
Discharging into the environment wastewater that contain radioactive substances
that cause contamination from 01 - under 02 times above permissible limits in
technical regulations;
dd)
Discharging into the environment from 1,000 m3/day to under 10,000 m3/day
of wastewater whose pH is from 0 to under 2 or from 12.5 to 14;
e)
Discharging into the environment from 150,000 m3/day to under
300,000 m3/day of dust or exhaust gas exceeding the limits in
technical regulations 10 times or more;
g)
Burying, dumping or discharging into the environment from 100,000 kg to
under 200,000 kg of conventional solid wastes against the law;
h) Wastes
contain radioactive substances that are radioactive sources of below average
danger according to National Technical Regulation on radiation safety and
categorization of radioactive sources beyond permissible limits;
i)
Dispersing radiation into the environment from 01 to under 02 times above the
limits in technical regulations.
4. The
offender might also be liable to a fine of from VND 30,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
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
1,000,000,000 to VND 5,000,000,000;
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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
500,000,000 to VND 3,000,000,000;
d) A
corporate legal entity that commits this offence in any of the circumstances
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 500,000,000, banned from operating in certain fields for 01 -
03 years.
Article
236. Offences against regulations on hazardous waste management
1. Any
competent person who permits another entity to bury, dump, discharge from 3,000
kg to under 5,000 kg of hazardous wastes on the list of persistent organic
pollutants in Appendix A of Stockholm Convention on persistent organic
pollutants against the law or wastes containing radioactive substances that are
radioactive sources of below average danger according to National Technical
Regulation on radiation safety and categorization of radioactive sources beyond
permissible limits shall be liable to a fine of from VND 50,000,000 to VND
200,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24
months' imprisonment:
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years'
imprisonment:
a) The
offence involves from 5,000 kg to under 10,000 kg of hazardous wastes on the
list of persistent organic pollutants in Appendix A of Stockholm Convention on
persistent organic pollutants or wastes containing radioactive substances that
are radioactive sources of average danger according to National Technical
Regulation on radiation safety and categorization of radioactive sources beyond
permissible limits;
b) The
offence is committed by an organized group;
c) The
offence has been committed more than once;
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3. If the
offence involves 10,000 kg or more of hazardous wastes on the list of
persistent organic pollutants in Appendix A of Stockholm Convention on
persistent organic pollutants or wastes containing radioactive substances that
are radioactive sources of above average danger according to National Technical
Regulation on radiation safety and categorization of radioactive sources above
permissible limits, the offender shall face a penalty of 05 - 10 years'
imprisonment;
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
150,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
237. Offences against regulations on prevention, response and relief of
environmental emergencies
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 up to 03 years'
community sentence or 06 - 36 months' imprisonment:
a)
Violations against regulations on prevention of environmental emergencies that
lead to an environmental emergency;
b)
Violations against regulations on response to and relief of environmental
emergencies that lead to serious pollution or 31% WPI or more of another person
or losses of 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 results in losses of from VND 3,000,000,000 to under VND 7,000,000,000.
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a) The
offence results in the death of 02 or more people;
b) The
property damage caused by the offence is assessed at ≥ VND 7,000,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, prohibited from holding certain positions or doing certain works
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
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
Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to
VND 5,000,000,000;
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
5,000,000,000 to VND 10,000,000,000;
d) A
corporate legal entity that commits this offence in any of the circumstances
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
100,000,000 to VND 500,000,000, banned from operating in certain fields for 01
- 03 years.
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1. A
person who commits any of the following violations and causes bodily harm for
another person who suffers from ≥ 31% WPI or causes losses of from VND
100,000,000 to under VND 300,000,000 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 or 03 - 24 months' imprisonment:
a)
Illegally building houses or works within the perimeter of irrigation works,
dykes and disaster protection works;
b)
Destroying or 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, except in the
circumstances specified in Article 303 hereof;
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;
dd)
operating a reservoir, flood diversion work or flood control work against the
procedures or technical regulations, unless it is requested by a competent
person.
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;
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d) The
offence results in losses of from VND 300,000,000 to under VND 1,000,000,000;
dd)
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 02 or more people;
b) The
offence results in losses of ≥ VND 1,000,000,000.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 02 - 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
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 fine of from VND
1,000,000,000 to VND 3,000,000,000;
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d) A
corporate legal entity that commits this offence in any of the circumstances
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
100,000,000 to VND 500,000,000, banned from operating in certain fields for 01
- 03 years.
Article
239. Bringing wastes into Vietnam’s territory
1. A person
who commits any of the following acts 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 3,000 kg of hazardous wastes or persistent organic
pollutants in Appendix A of Stockholm Convention 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:
a) The
offence is committed by an organized group;
b) The
quantity of hazardous wastes or persistent organic pollutants in Appendix A of
Stockholm Convention is from 3,000 kg to under 5,000 kg;
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3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
quantity of hazardous wastes or persistent organic pollutants in Appendix A of
Stockholm Convention is ≥ 5,000 kg;
c) The
quantity of other wastes is ≥ 300,000 kg.
4. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
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
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 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 06 - 36
months;
d) A
corporate legal entity that commits this offence in any of the circumstances
specified in Article 79 hereof shall be permanently shut down;
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Article
240. Spreading dangerous infectious diseases in human
1. A
person who commits any of the following acts that spread dangerous infectious
diseases in human 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)
Bringing or allowing another entity to bring animals, plants or products thereof
or other items that are likely to transmit dangerous infectious diseases in
human out of the epidemic zone, unless otherwise prescribed by law;
b)
Bringing or allowing another entity to bring animals, plants or products
thereof or other products that are infected or carry dangerous pathogens that
are likely to be transmitted to human into Vietnam’s territory;
c) Other
acts that spread dangerous infections in human.
2. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in a declaration of an epidemic by the President of the
People’s Committee of a province or the Minister of Health;
b) The
offence results in the death of a person.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 12 years' imprisonment:
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b) The
offence results in the death of 02 or more people.
4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
241. Spreading dangerous infectious diseases in animals or plants
1. A
person who commits any of the following acts that spread dangerous infectious
diseases in animals or plants and causes property damage assessed at from VND
100,000,000 to under VND 500,000,000 or while having incurred a administrative
penalty for the same offence 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)
Bringing or allowing another entity to bring animals, plants or products
thereof or other items that are infected or carry pathogens into or out of the
epidemic zone, unless otherwise prescribed by law;
b)
Bringing or allowing another entity to bring animals, plants or products
thereof that are required to undergo quarantine into Vietnam’s territory
without following regulations of law on quarantine;
c) Other
acts that spread dangerous infectious diseases in animals or plants.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,000,000,000;
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3. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
property damage caused by the offence is assessed at from ≥ VND 1,000,000,000;
b) The
offence results in a declaration of an epidemic by the Minister of Agriculture
and Rural development.
3. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
Article
242. Destruction of aquatic resources
1. A
person who violates regulations on protection of aquatic resources in any of
the following circumstances and causes losses to aquatic resources of from VND
100,000,000 to under VND 500,000,000 or extracts a quantity of aquatic products
assessed at from VND 50,000,000 to under VND 200,000,000 or commits any of them
while having incurred an administrative penalty or has an unspent conviction
for the same offence 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) Using
poisons, explosives, other chemicals, electricity or banned fishing equipment
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 as prescribed by law;
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dd)
Causing bodily harm to another person who suffers from 31% - 61% WPI.
e)
Violations against other regulations 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 results in losses to aquatic resources of 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;
b) The
offence results in bodily harm to 02 people, each of whom suffers ≥ 61% WPI; or
bodily harm to 04 people, each of whom suffers ≥ 31% WPI;
c) The
offence results in the death of a person.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence results in losses to aquatic resources of ≥ VND 1,500,000,000 or the
extracted quantity of aquatic products is assessed at ≥ VND 500,000,000;
b) The
offence results in the death of 02 or more people.
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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 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 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;
d) 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.
Article
243. Forest destruction
1. Any
person who sets fire 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 06 - 36 months' imprisonment:
a) The
offence involves an area of from over 30,000 m2 to under 50,000 m2
of immature forests or contained cultivation site;
b) The
offence involves an area of from over 5,000 m2 to under 10,000 m2
of production forest;
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d) The
offence involves an area of from over 1,000 m2 to under 3,000 m2
of specialized forest;
dd) The
offence results in losses of forest products assessed at from over VND
30,000,000 to under VND 60,000,000 for natural production forests; from over
VND 50,000,000 to under VND 100,000,000 for planted production forests and
forest restoration sites in case it is not possible to determine the area of destroyed
forest because the offence is not committed within a limited area;
e) The
destroyed forest area or volume of forest products is below the levels
specified in Point a through dd Clause 1 of this Article but the offender has
incurred an administrative penalty 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.
d) The
offence involves an area of from over 50,000 m2 to under 100,000 m2
of non-forest planted trees or forest restoration site;
dd) The
offence involves an area of from over 10,000 m2 to under 50,000 m2
of production forest;
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g) The
offence involves an area of from over 3,000 m2 to under 5,000 m2
of specialized forest;
h) The
offence results in losses of forest products assessed at from VND 60,000,000 to
under VND 120,000,000 for natural production forests; from VND 100,000,000 to
under VND 200,000,000 for planted production forests and forest restoration
site in case it is not possible to determine the area of destroyed forest
because the offence is not committed within a limited area;
i) The
offence involves endangered, rare plants that need protection, other Group IA
plants assessed at from over VND 60,000,000 to under VND 100,000,000; Group IIA
plants 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:
a) The
offence involves an area of ≥ 100,000 m2 of non-forest planted trees
or forest restoration 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;
d) The
offence involves an area of ≥ 5,000 m2 of specialized forest;
dd) The
offence results in losses of forest products assessed at ≥ VND 120,000,000 for
natural production forests; ≥ VND 100,000,000 for planted production forests
and forest restoration site in case it is not possible to determine the area of
destroyed forest because the offence is not committed within a limited area;
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4. The
offender might also be liable to a fine of from VND 20,000,000 to VND
100,000,000, prohibited from holding certain positions or doing certain works
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
500,000,000 to VND 2,000,000,000;
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 fine of from VND
2,000,000,000 to VND 5,000,000,000;
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
5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36
months;
d) A
corporate legal entity that commits this offence in any of the circumstances
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.
Article
244. Offences against regulations on management and protection of endangered,
rare animals
1. Any
person who violates regulations on management and protection of animals on the
List of endangered and rare species; endangered, rare animals of 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:
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b)
Illegally possessing, transporting, trading animals specified in Point a of
this Clause or body parts thereof; from 02 kg to under 20 kg of elephant tusks;
from 0.05 kg to under 01 kg of rhino horns;
c)
Illegal hunting, killing, raising, imparking, 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, 03 - 07 individuals of
class aves or class reptilia or 10 - 15 individuals of other classes;
d)
Illegally possessing, transporting, trading vital body parts of 03 - 07 animals
of class mammalia, vital body parts of 07 - 10 individuals of class aves or
class reptilia or vital body parts of 10 -15 individuals of other classes
specified in Point c of this Clause;
dd) The
quantity of animals illegally hunted, killed, imparked, transported; body parts
of animals illegally possessed, transported, traded is below the lower limit
specified in Point b through d of his Clause but the offender has incurred an
administrative penalty or has 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 is committed by an organized group;
b) The
offence is committed in the name of an agency or organization;
c) The
offence is committed using banned hunting equipment;
d)
Hunting in a no-hunting area or during a no-hunting period;
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e) The
offence involves a quantity of animals on the List of endangered and rare
species or a quantity of 07 - 10 individuals of class mammalia, 07 - 10
individuals of class aves or class reptilia, 10 -15 individuals of other
classes on the List of endangered and rare species or vital body parts thereof;
g) The
offence involves a quantity of endangered, rare animals specified in Point c
Clause 1 of this Article or a quantity of 08 - 11 individuals of class
mammalia, 11 - 15 individuals of class aves or class reptilia, 16 -20
individuals of other classes or vital body parts thereof;
h) The
offence involves 01 - 02 elephants or vital body parts thereof; 03 - 05 bears,
tigers or vital body parts thereof; from 20 kg to under 90 kg of elephant
tusks; from 01 kg to under 09 kg of rhino horns;
i)
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 ≥ 08 individuals of class mammalia, ≥ 11
individuals of class aves or class reptilia or ≥ 16 individuals of other
classes of animals on the List of endangered and rare species or vital body
parts thereof;
b) The
offence involves endangered, rare animals specified in Point c Clause 1 of this
Article or a with a quantity of ≥ 12 individuals of class mammalia, ≥ 16
individuals of class aves or class reptilia, ≥ 21 individuals of other classes
or vital body parts thereof;
c) The
offence involves ≥ 03 elephants or vital body parts thereof; ≥ 06 bears, tigers
or vital body parts thereof; ≥ 90 kg of elephant tusks; ≥ 09 kg of rhino horns;
4. The
offender might also be liable to a fine of from VND 50,000,000 to VND
200,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
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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 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 15,000,000,000 or has its operation suspended for 06 - 36
months;
d) A
corporate legal entity that commits this offence in any of the circumstances
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
300,000,000 to VND 600,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.
Article
245. Offences against regulations on management of wildlife sanctuaries
1. Any
person who violates regulations on wildlife sanctuaries 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 up to 03 years' community sentence or 06 - 36
months' imprisonment:
a) The
property damage caused by the offence is assessed at from VND 50,000,000 to
under VND 200,000,000;
b) The
offence results in damage to the landscape, ecology in the strictly restricted
area of the wildlife sanctuary with a total area of from 300 m2 to
under 500 m2;
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2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
property damage caused by the offence is assessed at from ≥ VND 200,000,000;
b) The
offence results in damage to the landscape, ecology in the strictly restricted
area of the wildlife sanctuary with a total area of ≥ 500 m2;
c) The
offence is committed by an organized group;
d)The
offence involves the use of banned instruments or methods;
dd)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
4.
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
300,000,000 to VND 1,000,000,000;
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c) A
corporate legal entity that commits this offence in any of the circumstances
specified in Article 79 hereof shall be permanently shut down;
d) The
violating corporate legal entity might also be liable to a fine of from VND
50,000,000 to VND 500,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.
Article
246. Importing, spreading invasive species
1. A
person who commits any of the following acts shall be liable to a fine of from
VND 100,000,000 to VND 1,000,000,000 or face a penalty of up to 03 years'
community sentence or 01 - 05 years' imprisonment:
a)
Illegally importing invasive species or potentially invasive species assessed
at from VND 250,000,000 to under VND 500,000,000 or under VND 250,000,000 but
the offender has incurred an administrative penalty for the same offence;
b)
Spreading invasive species or potentially invasive species that causes property
damage assessed at from VND 150,000,000 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 is committed by an organized group;
b)
Illegally importing invasive alien species or potentially invasive species
assessed at ≥ VND 500,000,000;
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d)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 50,000,000 to VND
500,000,000, prohibited from holding certain positions or doing certain works
for 01 - 05 years.
4.
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 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 - 36
months;
c) The
violating corporate legal entity might also be liable to a fine of from VND
100,000,000 to VND 1,000,000,000, be banned from operating in certain fields or
raising capital for 01 - 03 years.
Chapter
XX
DRUG-RELATED OFFENCES
Article
247. Growing opium poppy plants, coca plants, cannabis plants or other plants
containing narcotic substances
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a) The
offender has been reprimanded twice and enabled to earn decent living;
b) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence ;
c) The
offence involves a quantity of from 500 to under 3,000 plants.
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 a quantity of ≥ 3,000 plants;
c)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000.
4. The
person who commits the offence specified in Clause 1 of this Article but
voluntarily destroys the plants or submit them to a competent authority before
harvesting might be exempt from criminal responsibility.
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1. Any
person who manufactures narcotic substances in any shape of form 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:
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;
e) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine or MDMA;
g) The
offence involves a quantity of from 20 g to under 100 g of other solid narcotic
substances;
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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 or MDMA;
d) The
offence involves a quantity of from 100 g to under 300 g of other solid
narcotic substances;
dd) The
offence involves a quantity of from 200 ml under 750 ml of other liquid
narcotic substances;
e) The
offence involves ≥ 02 narcotic substances the total quantity is equivalent to
the quantity of narcotic substances specified in Point b through dd of this
Clause.
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a) The
offence involves a quantity of ≥ 05 kg of opium poppy resin, cannabis resin or
coca glue;
b) The
offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine,
amphetamine or MDMA;
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 is equivalent to
the quantity of narcotic substances specified in Point a through d of this
Clause.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
249. Illegal possession of narcotic substances
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:
a) The
offender has incurred an administrative penalty for the same offence 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 0,1 g to under 05 g of heroin, cocaine,
methamphetamine, amphetamine or MDMA;
d) The
offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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 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;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 or MDMA;
h) The
offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n)
Dangerous recidivism;
o) The
offence involves ≥ 02 narcotic substances the total quantity is equivalent to
the quantity of narcotic substances specified in Point e through m of this
Clause.
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 or MDMA;
c) The
offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
offence involves ≥ 02 narcotic substances the total quantity 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 or MDMA;
c) The
offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches,
flowers, fruits or coca leaves;
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;
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
250. Illegal transport of narcotic substances
1. Any
person who transports narcotic substances for purposes other than
manufacturing, trading or possessing narcotic substances in any of the following
circumstances shall face a penalty of 02 - 07 years' imprisonment:
a) The
offender has incurred an administrative penalty for the same offence or has an
unspent conviction for the same offence ;
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 or MDMA;
d) The
offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots,
branches, flowers, fruits or coca leaves;
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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Mọi chi tiết xin liên hệ:
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 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)
Narcotic substances are transported 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 or MDMA;
i) The
offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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 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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Mọi chi tiết xin liên hệ:
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 or MDMA;
c) The
offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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 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 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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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches,
flowers, fruits or coca leaves;
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 is equivalent to
the quantity of narcotic substances specified in Point a through g of this
Clause.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000, be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
251. Illegal deal in narcotic substances
1. Any
person who illegally deals in narcotic substances shall face a penalty of 02 -
07 years' imprisonment.
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c)
Narcotic substances are traded with 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 involves a quantity of from 500 g to under 01 kg of poppy resin,
cannabis resin or coca glue;
h) The
offence involves a quantity of from 05 g to under 30 g of heroin, cocaine,
methamphetamine, amphetamine or MDMA;
i) The
offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots,
branches, flowers, fruits or coca leaves;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 is equivalent to
the quantity of narcotic substances specified in Point a 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:
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 or MDMA;
c) The
offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 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 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 or MDMA;
c) The
offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches,
flowers, fruits or coca leaves;
d) The
offence involves a quantity of ≥ 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 ≥ 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 is equivalent to
the quantity of narcotic substances specified in Point a through g of this
Clause.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
252. Appropriation of narcotic substances
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 has incurred an administrative penalty or has an unspent conviction
for the same offence;
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 or MDMA;
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 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;
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 or MDMA;
h) The
offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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 is equivalent to
the quantity of narcotic substances specified in Point e through m of this
Clause;
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Mọi chi tiết xin liên hệ:
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
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 or MDMA;
c) The
offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves,
roots, branches, flowers, fruits or coca leaves;
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 is equivalent to
the quantity of narcotic substances specified in Point a through g of this
Clause.
...
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...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 or MDMA;
c) The
offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches,
flowers, fruits or coca leaves;
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 is equivalent to
the quantity of narcotic substances specified in Point a through g of this
Clause.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 has incurred an administrative penalty or has an unspent conviction
for the same offence;
b) The
offence involves a quantity of from 50 g to under 200 g of solid precursors or
from 75 ml to 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;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence involves employment of a person under 16 for commission of the offence;
h)
Precursors are transported or traded across the border;
i)
Dangerous recidivism.
3. If the
quantity of solid precursors is from 500 g to under 1,200 g or liquid
precursors from 750 ml to under 1,850 ml, the offender shall face a penalty of
13 - 20 years' imprisonment.
4. If the
quantity of solid precursors is ≥ 1,200 g or liquid precursors ≥ 1,850 ml, the
offender shall face a penalty of 20 years' imprisonment or life imprisonment.
5. If the
offence involves both solid precursors and liquid precursors, 01 g of solid
precursor shall be equivalent to 1.5 ml of liquid precursor. After conversion,
the offender shall be prosecuted accordingly.
6. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000, be prohibited from holding certain positions or doing certain works
for 01 - 05 years or have all or part of his/her property confiscated.
Article
254. Manufacturing, possession, transport, trading of instruments and equipment
serving illegal manufacturing or use of narcotic substances
1. Any
person who manufactures, possesses, transports or deals in instruments and
equipment serving illegal manufacturing or use of narcotic substances in any of
the following circumstances shall face a penalty of 01 - 05 years'
imprisonment:
...
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...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence involves 06 - 19 pieces of instruments or equipment of the same type or
various types.
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 the transport of ≥ 20 pieces of instruments or equipment of
the same type or various types;
e) The
instruments or equipment are transported across the border;
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
3. The
offender might also be liable to a fine of from VND 5,000,000 to VND
500,000,000 , be prohibited from holding certain positions or doing certain
works for 01 - 05 years or have all or part of his/her property confiscated.
Article
255. Facilitation of illegal use of narcotic substances
1. Any
person who facilitates the use of narcotic substances in any shape of form
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:
a) The
offence has been committed more than once;
b) The
offence involves ≥ 02 users;
c) The
offence involves a user aged from 13 to under 18;
d) The
offence involves a female user whose pregnancy is known by the offender;
dd) The
offence involves a user undergoing rehabilitation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
offence results in infection of a dangerous disease of another person;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
offence causes ≥ 61% WPI or death of a person;
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 infection of a dangerous disease of more than one person;
d) The
offence involves a user aged under 13.
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment or life imprisonment:
a) The
offence results in bodily harm to more than one person, each of whom suffers
from ≥ 61% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
offender might also be liable to a fine of from VND 50,000,000 to VND
500,000,000, put under o mandatory supervision, prohibited from residence for
01 - 05 years or have all or part of his/her property confiscated.
Article
256. Concealment of illegal use of narcotic substances
1. Any
person who leases out, lends premises or otherwise conceals the illegal use of
narcotic substances, except for the cases in Article 255 hereof, 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:
a) The
offence involves the abuse of the offender's position or power;
b) The
offence has been committed more than once;
c) The
offence involves a user aged under 16;
d) The
offence involves ≥ 02 users;
dd)
Dangerous recidivism.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
257. Forcing others to use narcotic substances
1. Any
person who uses violence or threatens to use violence or otherwise intimidates
another person into illegally using narcotic substances against that person's
will 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:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence is committed by despicable motives or self-seeking purpose;
d) The
offence is committed against a person aged from 13 to under 18;
dd) The
offence is committed against a female whose pregnancy is known by the offender;
e) The
offence is committed against more than one person;
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h) The
offence causes 31% - 60% WPI for a person;
i) The
offence results in infection of a dangerous disease of a person;
k)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
offence causes ≥ 61% WPI or death of a person;
b) The
offence results in infection of a dangerous disease of more than one person;
c) The offence
is committed against a person under 13;
4. If
this offence results in the death of more than one person, the offender shall
face a penalty of 20 years' imprisonment or life imprisonment.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
100,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any
person who persuades, incites or otherwise persuades another person to
illegally use narcotic substances 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 is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence is committed by despicable motives or self-seeking purpose;
d) The
offence is committed against a person aged from 13 to under 18;
dd) The
offence is committed against a female whose pregnancy is known by the offender;
e) The
offence is committed against more than one person;
g) The
offence is committed against a person undergoing rehabilitation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) The
offence results in infection of a dangerous disease of a person;
k)
Dangerous recidivism;
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence causes ≥ 61% WPI or death of a person;
b) The
offence results in infection of a dangerous disease of more than one person;
c) The
offence is committed against a person under 13;
4. If
this offence results in the death of more than one person, the offender shall
face a penalty of 15 - 20 years' imprisonment or life imprisonment.
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND
100,000,000.
Article
259. Offences against regulations on management, use of narcotic substances,
precursors, narcotic drugs and psychotropic drugs
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a)
Violations against regulations on export, import, temporary import, transit
through Vietnam’s territory substances containing narcotic substances, narcotic
drug, psychotropic drug and precursors;
b)
Violations against regulations on research, analysis, manufacturing, storage of
narcotic substances and/or precursors;
c)
Violations against regulations on delivery, possession, transport of narcotic
substances and/or precursors;
d)
Violations against regulations on distribution, trading, use, exchange of
narcotic substances and/or precursors;
dd)
Violations against regulations on management, control, storage of narcotic substances
and/or precursors in the border checkpoint area or at sea;
e)
Allowing an unqualified person to keep or use narcotic substances or
psychotropic substances or other narcotic substances.
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000,
prohibited from holding certain positions or doing certain works for 01 - 05
years.
Chapter
XXI
INFRINGEMENT UPON PUBLIC SAFETY, PUBLIC
ORDER
Section
1. INFRINGEMENT UPON TRAFFIC SAFETY
Article
260. Road traffic offences
1. Any
person who violates regulations on road traffic safety 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to 03 people who suffer from a total WPI of 61%
- 121%;
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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
offender does not have a driving license 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
banned by law;
c) The
offender leaves the site after the accident to evade responsibility or refuses
to help the victim;
d) The
offender fails to comply with the traffic controller's commands;
dd) The
offence results in the death of 02 people;
e) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
g) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
4. If the
offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or
bodily harm to 02 or more people who suffer from a total WPI of 31% - 60%, the
offender 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.
5. If a
road traffic offence poses a threat to life, health or property of other people
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 01 year's community
sentence or 03 - 12 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
261. Obstruction of road traffic
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 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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
d) The offence
results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% -
200%;
dd) 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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
4. 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 as a result causes bodily harm for 01 person who suffers from
31% - 60% WPI or bodily harm to more than one person who suffers from a total
WPI of 31% - 60% shall be liable to a fine of from VND 30,000,000 to VND
100,000,000, up to 03 years' community sentence.
5. If
this offence poses a threat to life, health or property of other people and 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.
Article
262. Allowing the use of unroadworthy road vehicles, heavy-duty vehicles on
public roads
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 on public
roads 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
4. Any
person who is responsible for operation or operating conditions of vehicles but
allows the use of unroadworthy road vehicles or heavy-duty vehicles on public
roads and as a results causes bodily harm for 01 person who suffers from 31% -
60% WPI or bodily harm to more than one person who suffer from a total WPI of
31% - 60% 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.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
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 or is
under the minimum driving age, 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 and as a results causes any of the following consequences
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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The offence
results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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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
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. 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, capable health or is under the minimum driving age, 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 and as a results causes
bodily harm for 01 person who suffers from 31% - 60% WPI or bodily harm to more
than one person who suffer from a total WPI of 31% - 60% 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:
5. 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.
Article
264. Allowing an unqualified person to operate a vehicle on public roads
1. Any
person who owns or manages a road vehicle and allows another person to operate
the vehicle on public roads in the knowledge that he/she does not have a driver
license or is under the minimum driving age or 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 and as a results
causes any of the following consequences 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:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
4. Any
person who owns or manages a road vehicle and allows another person who does
not have a driver license or is under the minimum driving age or 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 and as a results causes bodily harm for 01 person who suffers from
31% - 60% WPI or bodily harm to more than one person who suffer from a total
WPI of 31% - 60% 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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 03 - 07 years' imprisonment:
a) The
street race is participated by ≥ 10 vehicles or the offender organizes ≥ 02
street races at the same time;
b) The
street race involves betting;
c) The
offender organizes resistance to people in charge of road traffic safety and
order or people in charge of dismissing the street race;
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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 07
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
dd)
Dangerous recidivism.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
5. If the
offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or
bodily harm to ≥ 02 who suffer from a total WPI of 31% - 60%, the offender
shall face a penalty of 01 - 06 years' imprisonment.
6. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
Article
266. Illegal street racing
1. Any
person who participates in an illegal street race which involves automobiles,
motorbikes or other motor vehicles 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 02 years' community sentence or 03 - 24 months' imprisonment:
a) The
offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence.
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 01 - 05 years' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who suffers
from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 causes an accident and leaves the site to evade responsibility or
refuses to help the victim;
e) The
offender participates in betting;
g) The
offender resists people in charge of road traffic safety and order or people in
charge of dismissing the street race;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 05
- 10 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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 07
- 15 years' imprisonment:
a) The
offence results in the death of 03 or more people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) 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.
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 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 commits the offence under the influence of alcohol with blood or
breath alcohol content above the limit or under the influence of drugs or other
strong stimulants banned by law;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
g) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
h) 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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence poses a threat to life, health or property of other people 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 02 years' community
sentence or 03 - 24 months' imprisonment.
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to 02 or more people who suffer from a total WPI of 31% - 60%,
the offender shall be liable to a fine of from VND 30,000,000 to VND
100,000,000 or up to 03 years' community sentence or 03 - 24 months'
imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
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
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 - 03 years' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 has incurred an administrative penalty 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 results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 10,000,000 to VND
100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24
months' imprisonment:
5. If
this offence poses a threat to life, health or property of other people and is
not promptly prevented, the offender shall be liable to a fine of from VND
10,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community
sentence or 03 - 24 months' imprisonment.
Article
269. Allowing the use of unsafe railway vehicles or equipment
1. Any
person who is responsible for operation or operating conditions of railway
vehicles but allows the use of a vehicle or piece of equipment that does not
have the certificate of registration, inspection or that does not satisfy
technical standards or safety standards and as a result causes any of the
following consequences or does it while having incurred a disciplinary 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 20,000,000 to VND
100,000,000 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.
Article
270. Requesting an unqualified person to operate railway vehicles
1. Any
person who requests or allows a person who does not have a license for train
operation 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 railway vehicle and as a
results causes any of the following consequences or does it while having
incurred a disciplinary 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) 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
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
271. Allowing an unqualified person to operate railway vehicles
1. Any
person who allows a person who does not have a license for train operation 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 railway vehicle and as a results causes any
of the following consequences or does it while having incurred a disciplinary
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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary penalty for the same offence, the
offender 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.
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
1. Any
water-borne vehicle operator who violates regulations on waterway traffic
safety and as a result causes any of the following consequences 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence results in the death of 02 people;
e) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
g) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
h) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) 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
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender 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 03 - 24
months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
273. Obstruction of waterway traffic
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 any of the following
consequences 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, 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.
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
274. Allowing the use of unsafe water-borne vehicles
1. Any
person who is responsible for operation or operating conditions of water-borne
vehicles but allows the use of a water-borne vehicle that is obviously unsafe
and as a result causes any of the following consequences or does it while
having incurred a disciplinary 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary penalty or administrative penalty
for the same offence or has an unspent conviction for the same offence , the
offender 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 03 - 24 months'
imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
275. Requesting an unqualified person to operate water-borne vehicles
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The offence
results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% -
200%;
d) 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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary or administrative penalty for the
same offence or has an unspent conviction for the same offence, the offender
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 03 - 24 months' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
276. Allowing an unqualified person to operate water-borne vehicles
1. Any
person who allows another person who does not have an appropriate license,
certificate or qualification or is otherwise unqualified to operate a
water-borne vehicles and as a result causes any of the following consequences or
does it while having incurred a disciplinary or administrative penalty for the
same offence or has 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 06 - 36 months' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 or more people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The property
damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary or administrative penalty or has an
unspent conviction for the same offence, the offender 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.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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 12
- 20 years' imprisonment:
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) 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.
Article
278. Obstruction of air traffic
1. A
person who commits any of the following acts which obstruct air traffic and
result in to the death of 01 person or bodily harm to 01 person who suffers
from 31% - 60% WPI or bodily harm to 02 people, each of whom suffers from 31% -
60% WPI or bodily harm to ≥ 03 people who suffer from a total WPI of 62% - 121%
or property damage assessed at from VND 100,000,000 to under VND 500,000,000 or
does it while having incurred a disciplinary or administrative penalty for the
same offence or has 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)
Placing obstacles that obstruct air traffic;
b)
Illegally moving, blocking or destroying air traffic signs or signals;
c)
Incorrectly using or jamming communication frequencies;
d)
Deliberately providing false information to an extent that threatens the safety
of the flying airplane or on the ground, safety of passengers, flight crew,
ground crew, people at the airport/airfield or civil aviation equipment;
dd)
Damaging airport equipment or other ancillary equipment serving flight safety;
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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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
e) 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 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary or administrative penalty for the
same offence or has an unspent conviction for the same offence, the offender
shall be liable to 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.
5. If
this offence poses a threat to life, health or property of other people 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 06 - 36 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
279. Allowing the use of unsafe air transport vehicles
1. Any
person who is responsible for operation or operating conditions of air
transport vehicles but allows the use of a vehicle that is obviously unsafe
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 results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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 12
- 20 years' imprisonment:
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall face a penalty of 06 - 36 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
280. Requesting or allowing an unqualified person to operate air transport
vehicles
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 operate air
transport vehicles 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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Mọi chi tiết xin liên hệ:
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
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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:
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall face a penalty of 06 - 36 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
281. Offences against regulations of maintenance, repair, 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 results in bodily harm to 01 person who suffers from 31% -
60% WPI or bodily harm to more than one person who suffer from a total WPI of
31% - 60% 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)
Failure to comply with or correctly comply with regulations on maintenance,
repair, management of traffic works which make them fail to assure technical
safety and satisfy technical standards of works related to traffic safety;
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 frequently check and take 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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g)
Failure to clean up warning signs, fences, equipment and materials after the
construction is complete;
h) Other
violations against regulations on maintenance, repair, management of traffic
works.
2. This
offence committed in any of the following circumstances carries a penalty of 06
- 36 months' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 03
- 07 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
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122%
- 200%;
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 07
- 15 years' imprisonment:
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) 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
or prohibited from holding certain positions or doing certain jobs for 01 - 05
years.
Article
282. Hijacking of an airplane or ship
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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
offence involves the use of dangerous weapons or equipment;
c) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
d) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
dd) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 20
years' imprisonment or life imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
122%;
d) The
property damage caused by the offence is assessed at ≥ VND 500,000,000.
4. The
offender might also be put under mandatory supervision or prohibition from
residence for 01 - 05 years.
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 for the cases 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. This
offence committed in any of the following circumstances carries a fine of from
VND 300,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 fine of from
VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years'
imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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 fine of from
VND 1,500,000,000 to VND 3,000,000,000 or a penalty of 05 - 12 years'
imprisonment:
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 100,000,000 to VND
300,000,000 or face a penalty of up to 03 years' community sentence.
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 which
causes 31% - 60% WPI for 01 person or a total WPI of 31% - 60% for more than
one person or does it while having incurred an administrative penalty for the
same offence, except for the cases in Article 110 and Article 111 hereof, the
offender 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 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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 fine of from
VND 200,000,000 to VND 500,000,000 or a penalty of 01 - 03 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 03 or more people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
Section
2. OFFENCES AGAINST REGULATIONS ON INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
NETWORK
Article
285. Manufacturing, trading, exchanging, giving instruments, equipment,
software serving illegal purposes
1. Any
person who manufactures, deals in, exchanges, gives out instruments, equipment
or software meant to attack a computer network, telecommunications network or
an electronic device serving illegal purposes shall be liable to a fine of from
VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years'
community sentence or 03 - 24 months' 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 01 - 05 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 in a professional manner;
d) The
illegal profit earned is from VND 50,000,000 to under VND 500,000,000;
dd) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 1,000,000,000;
e)
Dangerous recidivism.
3. 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 03 - 07 years'
imprisonment:
e) The
illegal profit earned is ≥ VND 500,000,000;
b) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
4. The
offender might also be liable to a fine of from VND 5,000,000 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.
Article
286. Spreading software programs harmful for computer networks,
telecommunications networks or electronic devices
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
illegal profit earned is from VND 50,000,000 to under VND 200,000,000;
b) The
property damage caused by the offence is assessed at from VND 50,000,000 to
under VND 300,000,000;
c) The
harmful program is infected by 50 - 199 electronic devices or by an information
system with 50 - 199 users;
d) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
illegal profit earned 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 300,000,000 to
under VND 1,000,000,000;
d) The
harmful program is infected by 200 - 499 electronic devices or by an
information system with 200 - 499 users;
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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
- 12 years' imprisonment:
a) The
offence is committed against a system of data which is classified information
or an information system serving national defense and security;
b) The
offence is committed against national information infrastructure; national grid
control information system; banking or finance information system; traffic
control information system;
c) The
illegal profit earned is ≥ VND 500,000,000;
d) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000;
dd) The
harmful program is infected by ≥ 500 electronic devices or by an information
system with ≥ 500 users.
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.
Article
287. Obstruction or disturbance of computer networks, telecommunications
networks or electronic devices
1. Any
person who deletes, damages or changes a software program or electronic data or
illegally obstructs the transmission of data of a computer network,
telecommunications network or an electronic device or otherwise obstructs or
disturbs a computer network, telecommunications network or an electronic device
in any of the following circumstances, except for the cases in Article 286 and
Article 289 hereof, shall be liable to a fine of from VND 30,000,000 to VND
200,000,000 or face a penalty of 06 - 36 months' imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
c) The
offence results in shutdown or suspension or the computer network,
telecommunications network or electronic device for a period from 30 minutes to
under 24 hours or from 03 to under 10 times within 24 hours;
d) The
offence results in suspension of operation of an organization for a period from
24 hours to under 72 hours;
dd) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence .
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position as the administrator of the computer network
or telecommunications network;
c)
Dangerous recidivism;
d) The
illegal profit earned is from VND 200,000,000 to under VND 1,000,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
offence results in suspension or the computer network, telecommunications
network or electronic device for a period from 24 hours to under 168 hours or
from 10 to under 50 times within 24 hours;
g) The
offence results in suspension of operation of an organization for a period from
72 hours to under 168 hours.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence is committed against a system of data which is classified information
or an information system serving national defense and security;
b) The
offence is committed against national information infrastructure; national grid
control information system; banking or finance information system; traffic
control information system;
c) The
illegal profit earned is ≥ VND 1,000,000,000;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
dd) The
offence results in suspension or the computer network, telecommunications
network or electronic device for ≥ 168 hours or ≥ 50 times within 24 hours;
e) The
offence results in suspension of operation of an organization for ≥ 168 hours.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
288. Illegal provision or use of information on computer networks or
telecommunications networks
1. A
person who commits any of the following acts and earns an illegal profit of
from VND 50,000,000 to under VND 200,000,000 or causes property damage assessed
at from VND 100,000,000 to under VND 500,000,000 or damages reputation of an
organization or individual shall be liable to a fine of from VND 30,000,000 to
VND 200,000,000 or face a penalty of up to 03 years' community sentence or 03 -
36 months' imprisonment:
a) Uploading
information on a computer or telecommunications network against regulations of
law, except in the circumstances specified in Article 117, 155, 156 and 326
hereof;
b)
Trading, exchanging, giving, changing or publishing lawfully private
information of an organization or individual on the computer or
telecommunications network without the consent of the information owner;
c) Other
acts that involve illegal use of information on the computer or
telecommunications network.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender misuses his/her position as the administrator of the computer or
telecommunications network;
c) The
illegal profit earned is ≥ VND 200,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence involves infringement of privacy which results in the suicide of the
victim;
e) The
offence has a negative impact on social security, order or safety or Vietnam's
diplomatic relationship;
g) The
offence results in a demonstration.
3. The
offender might also be liable to a fine of from VND 20,000,000 to VND
200,000,000 or prohibited from holding certain positions or doing certain jobs
for 01 - 05 years.
Article
289. Illegal infiltration into the computer network, telecommunications network
or electronic device of another person
1. Any
person who deliberately bypasses the warning, hacks the password or firewall or
uses the administrator’s right of another person to infiltrate another person's
computer network, telecommunications network or electronic device in order to
take control, interfere the operation of the electronic device; steal, change,
destroy, fabricate data or illegally use services 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.
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 - 07 years'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offender abuses his/her position or power to commit the offence;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at from VND 300,000,000 to
under VND 1,000,000,000;
dd) The
offence is committed against a national Internet exchange point, domain name
database system or national domain name server system;
e)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence is committed against a system of data which is classified information
or an information system serving national defense and security;
b) The
offence is committed against a national information infrastructure; national
grid control information system; banking or finance information system; traffic
control information system;
c) The
illegal profit earned is ≥ VND 500,000,000;
d) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
4. The
offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000
or 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
1. Any
person who uses a computer network, telecommunications network or electronic
device to commit any of the following acts, except for the cases in Article 173
and Article 174 hereof, shall face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment:
a) Using
information about another organization's or individual's bank account or card
to appropriate the account holder's or card holder's property or illegally pay
for the offender's purchases;
b)
Making, possessing, trading, using fake bank cards to steal money of card
holders or illegally pay for the offenders' purchases;
c)
Illegally accessing the account of an organization or individual in order to
appropriate their property;
d) Commit
frauds in electronic commerce, electronic payment, online currency trading,
online capital raising, online multi-level marketing or online securities
trading for the purpose of property appropriation;
dd)
Illegally establishing or providing telecommunications or Internet services for
the purpose of property appropriation;
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
offence involves 50 - 199 fake cards;
dd) The property
appropriated is assessed at from VND 50,000,000 to under VND 200,000,000;
e) The
property damage caused by the offence is assessed at from VND 50,000,000 to
under VND 300,000,000;
g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
property appropriated is assessed at from VND 200,000,000 to under VND
500,000,000;
b) The
property damage caused by the offence is assessed at from VND 300,000,000 to
under VND 500,000,000;
c) The
offence involves 200 - 499 fake cards.
4. 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 damage caused by the offence is assessed at ≥ VND 500,000,000;
c) The
offence involves ≥ 500 fake cards.
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 or have part or all of his/her property confiscated.
Article
291. Illegal collection, possession, exchanging, trading, publishing of
information about bank accounts
1. Any
person who illegally collects, possesses, exchanges, trades, publishes
information about other people's bank accounts with a quantity of 20 - 49
accounts or earns an illegal profit of from VND 20,000,000 to under VND
50,000,000 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.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 1000,000,000 to VND 200,000,000 or a penalty of 03 - 24 months'
imprisonment:
a) The
offence involves information about 50 - 199 accounts of other people;
b) The
offence is committed by an organized group;
c) The
offence is committed in a professional manner;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' imprisonment:
a) The
offence involves information about ≥ 200 accounts of other people;
b) The
illegal profit earned is ≥ VND 200,000,000;
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 or have part or all of his/her property confiscated.
Article
292. Illegal provision of services on computer network or telecommunications
network
1. A
person who provides any of the following services on a computer network or
telecommunications network without a license or against the license and earns a
profit of from VND 50,000,000 to under VND 200,000,000 or a revenue of from VND
500,000,000 to under VND 2,000,000,000 shall be liable to a fine of from VND
200,000,000 to VND 500,000,000 or face a penalty of up to 02 years' community
sentence:
a)
Trading gold on accounts;
b) Electronic
commerce exchange;
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d)
Payment services;
dd)
Online video games;
e) Other
services on computer networks or telecommunications networks as prescribed by
law.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 24 months'
imprisonment:
a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offence is committed in a professional manner;
d)
Dangerous recidivism.
dd) The
illegal profit earned is from VND 200,000,000 to under VND 500,000,000 or
illegal revenue of from VND 2,000,000,000 to under VND 5,000,000,000.
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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 20,000,000 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.
Article
293. Illegal use of radio frequencies dedicated to emergency services, safety
services, search and rescue or national defense and security
1. Any
person who illegally uses radio frequencies dedicated to emergency services,
safety services, search and rescue or national defense and security and as a
result causes property damage assessed at from VND 200,000,000 to under VND
500,000,000 or does it while having incurred 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 50,000,000 to VND 100,000,000 or face a penalty of
up to 03 years' community sentence.
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
property damage caused by the offence is assessed at ≥ VND 500,000,000;
c)
Dangerous recidivism.
Article
294. Deliberate harmful interference of radio frequencies
1. Any
person who deliberately causes harmful interference or obstructs the normal operation
of the radio information system and as a result causes property damage assessed
at from VND 200,000,000 to under VND 500,000,000 or does it while having
incurred 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
50,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community
sentence.
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a) The
offence is committed by an organized group;
b) The
property damage caused by the offence is assessed at ≥ VND 500,000,000;
c)
Dangerous recidivism.
Section
3. OTHER OFFENCES AGAINST PUBLIC SAFETY
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 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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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
- 07 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000;
dd) 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 07
- 12 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 20,000,000 to VND
100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24
months' imprisonment.
5. If
this offence is likely to cause harm to life, health or property of other
people and is not promptly prevented, the offender shall face a penalty of up
to 03 year's community sentence or 06 - 36 months' imprisonment.
6. 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.
Article
296. Violations against regulations of law on employment of workers under 16
1. Any
person who employs a person under 16 to do hard or dangerous works or works
that involve contact with harmful substances on the list compiled by the State
in any of the following circumstances shall be liable to a fine of from VND
30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment:
a) The
offender has incurred an administrative penalty or has an unspent conviction
for the same offence;
b) The
offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;
c) The
offence results in bodily harm to more than one person who suffer from a total
WPI of 31% - 60%.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence has been committed more than once;
b) The
offence involves ≥ 02 workers under 16;
c) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
d) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
dd) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
61%.
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 results in bodily harm to more than one person, each of whom suffers
from ≥ 61% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
122%.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
297. Coercive labor
1. Any
person who uses violence, threat of violence or otherwise forces 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 has incurred an administrative penalty or has an unspent conviction
for the same offence;
b) The
offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;
c) The
offence results in bodily harm to more than one person who suffer from a total
WPI of 31% - 60%.
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 workers under 16;
c) The
offence is committed against a person under 16, a woman whose pregnancy is
known by the offender, an old and weak person, a person suffering for severe or
extremely severe physical disability;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
e) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
61%;
g)
Dangerous recidivism.
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 more than one person;
b) The
offence results in bodily harm to more than one person, each of whom suffers
from ≥ 61% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
122%.
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.
Article
298. Offences against regulations of law on construction that lead to serious
consequences
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a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
62% - 121%;
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 is the person in charge;
b) The
offence results in the death of 02 people;
c) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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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 08
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender 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.
5. 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.
Article
299. Terrorism
1. Any
person who harms other people's life or destroy property of another
organization or individual to bring terror to the public shall face a penalty
of 10 - 20 years' imprisonment, life imprisonment or death.
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a)
Establishing or participating in a terrorist organization or
terrorism-financing organization;
b)
Forcing, persuading, recruiting, training terrorists; manufacturing or
providing weapons for terrorists;
c)
Infringing upon bodily integrity, health or appropriating, damaging property of
another organization or individual.
3. A
person that threatens to commit any of the acts specified in Clause 1 of this
Article or uses other methods to cause mental intimidation shall face a penalty
of 02 - 07 years' imprisonment.
4. A
person that prepares for the commission of this offence shall face a penalty of
01 - 05 years' imprisonment.
5. The
offender might also have some citizenship rights deprived of, be put under
mandatory supervision or prohibition from residence for 01 - 05 years or have
all or part of his/her property confiscated.
Article
300. Terrorism financing
1. Any
person who raises or provides money or property in any shape or form to a
terrorist or terrorist organization shall face a penalty of 05 - 10 years'
imprisonment.
2. A
person that prepares for the commission of this offence shall face a penalty of
01 - 05 years' imprisonment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
301. Taking hostages
1. Any
person who takes another person hostage and threatens to kill, hurt the hostage
or detains the hostage to force a nation, territory, international organization
or another organization or individual to act or not to act as a condition for
releasing the hostage, except for the cases in Article 113 and Article 299
hereof, shall face a penalty of 01 - 05 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 abuses his/her position or power to commit the offence;
c) The
offence is committed against a person under 18, a woman 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;
dd) The
offence is committed against more than one person;
e) The
offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or
bodily harm to ≥ 02 who suffer from a total WPI of 31% - 60%;
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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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
d) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
e) The
victim suffers from ≥ 46% mental and behavioral disability because of the
offence.
4. 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 more than one person;
b) The
offence results in bodily harm to more than one person, each of whom suffers from
≥ 61% WPI;
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d) The
property damage caused by the offence is assessed at ≥ VND 500,000,000.
5. A
person that prepares for the commission of this offence shall face a penalty of
06 - 36 months' imprisonment.
Article
302. Piracy
1. A
person who commits any of the following acts shall face a penalty of 05 - 10
years' imprisonment:
a)
Attacking a ship, aircraft or another maritime vehicle at sea or in an area
which is not under any nation's jurisdiction;
b)
Attacking or capturing people on a ship, aircraft or another maritime vehicle
specified in Point a of this Clause;
c)
Robbing or destroying property on a ship, aircraft or another maritime vehicle
specified in Point a of this Clause.
2. 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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
dd) The
property appropriated is assessed at from VND 50,000,000 to under VND
300,000,000;
e) 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 15
- 20 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) The
property appropriated is assessed at from VND 300,000,000 to under VND
1,000,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment or life imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property appropriated is assessed at ≥ VND 1,000,000,000;
dd) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. A
person that prepares for the commission of this offence shall face a penalty of
01 - 05 years' imprisonment.
Article
303. Destruction of work, facility, equipment important for national security
1. Any person
who destroys a work, facility, means of transport, means of communications,
electricity work, fuel transport work, irrigation work or another work that is
important for national security, of economic, technological or cultural and
social importance, except for the cases in Article 114 hereof, shall face a
penalty of 03 - 12 years' imprisonment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
dd) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
200%;
e) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000;
g) The
offence has a negative impact of socio-economic situation;
h)
Dangerous recidivism.
3. A
person that prepares for the commission of this offence shall face a penalty of
01 - 05 years' imprisonment.
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Article
304. Illegal manufacture, possession, transport, use or appropriation of
military weapons or devices
1. Any
person who illegally manufactures, possesses, transports, uses or appropriates
a military weapon or device shall face a penalty of 01 - 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) The
offence involves: 03 - 10 pistols, rifles or sub machine guns; 01 - 05 infantry
guns of other types such as light machine guns, machine guns, 12.7 mm - 25 mm
anti-aircraft guns, B40 or B41 guns; 05 - 15 mines or grenades; 03 - 10 mortar
bombs or mortar shells; 300 - 1,000 bullets ≤ 11.43 mm; 200 - 600 bullets of
12.7 mm - 25 mm anti-aircraft guns; 10 kg - 30 kg of explosives or 1,000 -
3,000 detonators; from 1,000 m to under 10,000 m of delay fuse.
c)
Illegal goods are transported or traded across the border;
d) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
dd) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
e) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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h)
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
dd) The
offence involves: 11 - 30 pistols, rifles or sub machine guns; 06 - 20 infantry
guns of other types such as light machine guns, machine guns, 12.7 mm - 25 mm
anti-aircraft guns, B40 or B41 guns; 16 - 45 mines or grenades; 11 - 30 mortar
bombs or mortar shells; 1,001 - 3,000 bullets ≤ 11.43 mm; 601 - 2,000 bullets
of 12.7 mm - 25 mm anti-aircraft guns; 31 kg - 100 kg of explosives or 3,001 -
10,000 detonators; from 10,000 m to under 30,000 m of delay fuse.
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: ≥ 31 pistols, rifles or sub machine guns; ≥ 21 guns of other
types such as light machine guns, machine guns, 12.7 mm - 25 mm anti-aircraft
guns, B40 or B41 guns; ≥ 46 mines or grenades; ≥ 31 mortar bombs or mortar
shells; ≥ 3,001 bullets ≤ 11.43 mm; ≥ 2,001 bullets of 12.7 mm - 25 mm
anti-aircraft guns; ≥ 101 kg of explosives or ≥ 10,001 detonators; ≥ 30,000 m
of delay fuse.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
dd) 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.
Article
305. Illegal manufacture, possession, transport, use, trading or appropriation
of explosive materials
1. Any
person who illegally manufactures, possesses, transports, uses, deals in or
appropriates explosive materials 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
offence involves 10 kg - 30 kg of explosive or 1,000 - 3,000 detonators or from
3,000 m to under 10,000 m of delay fuse;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The offence
results in the death of 01 person or bodily harm to 01 person who suffers from
≥ 61% WPI;
dd) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
e) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 07
- 15 years' imprisonment:
a) The
offence involves 31 kg - 100 kg of explosive or 3,001 - 10,000 detonators or
from 10,000 m to under 30,000 m of delay fuse;
b) The
offence results in the death of 02 people;
c) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
b) The
offence involves ≥ 101 kg of explosive or ≥ 10,001 detonators or ≥ 30,000 m of
delay fuse;
b) The
offence results in the death of ≥ 03 people;
c) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
dd) 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.
Article
306. Illegal manufacture, possession, transport, use, trading or appropriation
of hunting rifles, cold weapons, sporting weapons, combat gears and other
weapons with similar functions
...
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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 01
- 05 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence involves ≥ 11 hunting rifles, cold weapons, sporting weapons, combat
gears or other weapons that are not on the list of weapons compiled by the
Government but have similar functions as military weapons;
c)
Illegal goods are transported or traded across the border;
d) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
dd) The
offence results in bodily harm to more than one person, each of whom suffers
from 31% - 60% WPI;
e) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
g) The
property damage caused by the offence is assessed at ≥ VND 100,000,000;
h)
Dangerous recidivism.
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 of military
weapons, hunting rifles, sporting weapons, explosive materials and combat gears
in any of the following circumstances shall face a penalty of 01 - 05 years'
imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) 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 10
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender 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.
5. If
this offence poses a threat to life, health or property of other people and is
not promptly prevented, the offender shall face a penalty of up to 03 years'
community sentence or 06 - 36 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
...
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Mọi chi tiết xin liên hệ:
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 results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000
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.
Article
309. Illegal manufacture, possession, transport, use, spreading, trading or
appropriation of radioactive substances or nuclear materials
1. Any
person who illegally manufactures, possesses, transports, uses, spreads, deals
in or appropriates radioactive substances or nuclear materials shall face a
penalty of 02 - 07 years' imprisonment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
d) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
dd) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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;
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
5. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender 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.
6. 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.
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any
person who violates regulations of law on manufacture, provision, use, preservation,
storage, transport, trading of radioactive substances or nuclear materials in
any of the following circumstances shall face a penalty of 03 - 10 years'
imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who suffers
from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 07
- 15 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall be liable to a fine of from VND 30,000,000 to VND
100,000,000 or face a penalty of 01 - 05 years' imprisonment.
5. If
this offence is likely to cause harm to life, health or property of other
people and is not promptly prevented, the offender shall face a penalty of up
to 03 year's community sentence or 06 - 36 months' imprisonment.
6. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
311. Illegal manufacture, possession, transport, use or trading of flammable or
toxic substances
...
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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 02
- 07 years' imprisonment:
a) The
offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;
b) The
offence results in bodily harm to more than one person who suffer from a total
WPI of 31% - 60%.
3. 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)
Illegal goods are transported or traded across the border;
c) The
offence involves Schedule 3 chemicals of Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction;
d) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
dd) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
4. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence involves Schedule 2 chemicals of Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction;
b) The
offence results in the death of 02 people;
c) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
dd) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,500,000,000.
5. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment or life imprisonment:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
offence results in the death of ≥ 03 people;
c) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
dd) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
6. 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.
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 of flammable substances or toxic
substances in any of the following circumstances shall face a penalty of 01 -
05 years' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 10
- 15 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, the offender shall face a penalty of up to 02 year's 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.
Article
313. Offences against regulations of law on fire safety and fire fighting
1. Any
person who violates regulations of law on fire safety or fire fighting 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 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 results in bodily harm to 03 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. If
this offence is likely to cause harm to life, health or property of other
people and is not promptly prevented, the offender shall face a penalty of up
to 01 year's community sentence or 03 - 24 months' imprisonment.
6. 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.
Article
314. Offences against regulations of law on electricity work safety
1. A
person who commits any of the following acts which result in bodily harm to 01
person who suffers from 31% - 60% WPI or bodily harm to more than one person
who suffer from a total WPI of 31% - 60% or property damage assessed at from
VND 100,000,000 to under VND 500,000,000 or commits them while having incurred
a disciplinary 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
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)
Allowing the construction of a house or work or building a house or work within
the safety corridor of the electricity work;
b)
Negligence that results in explosion, fire, slash-and-burn or falling trees
affecting electricity work safety;
c)
Digging, driving piles, building houses on the safety corridor of underground
electric cables;
d)
Anchoring a ship in the safety corridor of underground electric cables under
the river bed or sea bed despite the warning sign;
dd)
Installing electrical equipment or building electrical line unsafely.
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a) The
offence results in the death of a person;
b) The
offence results in bodily harm to 01 person who suffers from ≥ 61% WPI or
bodily harm to ≥ 02 who suffer from a total WPI of 61% - 121%;
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 more than one person;
b) The
offence results in bodily harm to more than one person, each of whom suffers from
≥ 61% WPI or bodily harm to ≥ 02 who suffer from a total WPI of ≥ 122%;
c) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence poses a threat to life, health or property of other people and is
not promptly prevented, the offender shall be liable to a fine of from VND
20,000,000 to VND 100,000,000 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.
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1. Any
person who violates regulations of law on medical examination, medical
treatment, manufacture, concoction, dispense of medicines, selling medicines or
other medical services in any of the following circumstances, except for the
cases in Article 259 hereof, or commits the offence while having incurred a
disciplinary or administrative penalty for the same offence or having an
unspent conviction for the same offence shall face a penalty of 01 - 05 years'
imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
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 results in bodily harm to 02 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
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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 results in bodily harm to 03 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
200%;
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm of 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% - 60%
or the offender has incurred a disciplinary or administrative penalty for the
same offence or has an unspent conviction for the same offence, the offender shall
face a penalty of up to 02 year's 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.
Article
316. Illegal abortion
1. Any
person who illegally performs an abortion on another person in any of the
following circumstances shall face a penalty of up to 03 years' community
sentence or 01 - 03 years' imprisonment:
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b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%;
d) The
offender has incurred a disciplinary or administrative penalty 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 results in bodily harm to 02 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%.
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
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
201%.
4. The
offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000
or prohibited from holding certain positions or doing certain jobs for 01 - 05
years.
Article
317. Offences against regulations of law on food safety and hygiene
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 a penalty of 01 - 05 years' imprisonment:
a) Using
banned substances in manufacture, preparation, processing, preservation of food
or selling, providing food in the knowledge that it contains banned substances;
b) Using
chemicals, antibiotics, veterinary medicines, pesticides banned from farming,
breeding, aquaculture, salt production, preparation, processing, preservation
of agricultural, forestry, aquaculture products and salt creating an amount of
residue beyond permissible limit in products;
c) Using
chemicals, antibiotics, veterinary medicines, pesticides, environment recovery
substances that are not on the list of permissible substances or of unknown
origins or against regulations on preparation, processing, preservation of
agricultural, forestry, aquaculture products creating an amount of residue
beyond permissible limit in products; or committing the offence while having
incurred an administrative penalty for any of the offences specified in this
Point or Point a of this Clause;
d)
Processing, providing or selling food in the knowledge that it does not comply
with technical regulations or regulations on food safety; using chemicals,
additives, processing agents that are not on the list of permissible substances
or of unknown origins for manufacture, preparation, processing or preservation
of food causing bodily harm to 01 person who suffers from 31% - 60% WPI or
bodily harm to more than one person who suffer from a total WPI of 31% - 60% or
earning an illegal profit of from 50,000,000 - VND 100,000,000.
2. This
offence committed in any of the following circumstances carries a fine of from
VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonment:
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b) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61% WPI;
c) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
d) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
61% - 121%.
dd) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
e) The
offence has been committed more than once;
g)
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 results in bodily harm to 02 people, each of whom suffers from ≥ 61%
WPI;
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d) The
illegal profit earned is 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 12
- 20 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61%
WPI;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥
200%;
d) The
illegal profit earned is ≥ VND 1,000,000,000.
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.
Section
4. OTHER OFFENCES AGAINST PUBLIC ORDER
Article
318. Disturbance of public order
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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 involves use of weapons or vandalism;
c) The
offence results in serious traffic congestion or suspension of public
activities;
d) The
offender incites other people to cause disturbance;
dd) The
offender attacks the person who intervenes to maintain public order;
e)
Dangerous recidivism.
Article
319. Infringement upon human bodies, graves or remains
1. Any
person who commits grave robbery or otherwise infringes upon a dead body, grave
or human remains shall face a penalty of up to 02 years' community sentence or
03 - 02 years' imprisonment.
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a) The
offence has a negative impact on social security, order or safety;
b) The
offence involves appropriation or destruction of historically or culturally
valuable items;
c) The
offender is committed by despicable motives;
d) The
offence is for the purpose of taking part of the body or remains.
Article
320. Practicing superstitions
1. Any
person who practices fortune-telling, witchcraft or other types of
superstitions despite the fact that he/she has incurred an administrative
penalty for the same offence or has an unspent conviction for the same offence
shall be liable to 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.
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
illegal profit earned is ≥ VND 200,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
Article
321. Illegal gambling
1. Any
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
or has an unspent conviction for the same offence or any of the offences
specified in Article 322 hereof shall face a penalty of up to 03 year's
community sentence or 06 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence is committed in a professional manner;
b) The
stake is assessed at VND ≥ 50,000,000;
c) The
offence is committed using the Internet, a computer network, telecommunications
network or electronic device;
d)
Dangerous recidivism.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
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1. Any
person who organizes gambling or runs a gambling den in any of the following
circumstances carries 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
offender uses a place under his/her ownership or management for ≥ 10 people to
gamble at the same time or for ≥ 02 gambling mats with the stakes of ≥ VND
5,000,000;
b) The
total value of stakes at a time is ≥ VND 20,000,000;
c) The
offender provides pawnbroker services for gamblers; installs equipment serving
the gambling; appoint people to guard or serve; prepares escape in case of
raid; uses equipment for assisting the gambling;
d) The
offender has incurred an administrative penalty 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)
Dangerous recidivism.
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Article
323. Storing or buying property obtained by crime
1. Any
person who, without prior promise, stores or buys a piece of property in the
knowledge that it is obtained through another person's commission of a crime
shall be liable to 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.
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 a professional manner;
c) The
illegal piece of property is assessed at from VND 100,000,000 to under VND
300,000,000;
d) The
illegal profit earned is from VND 20,000,000 to under VND 100,000,000;
dd)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 10 years' imprisonment:
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b) The
illegal profit earned is from VND 100,000,000 to under VND 300,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
illegal piece of property is assessed at ≥ VND 1,000,000,000;
b) The
illegal profit earned is ≥ VND 300,000,000;
5. The
offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000
or have all or part of his/her property confiscated.
Article
324. Money laundering
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;
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d)
Committing any of the offences specified in Point a through c of this Clause in
the knowledge 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 abuses his/her position or power to commit the offence;
c) The
offence has been committed more than once;
d) The
offence is committed in a professional manner;
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;
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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
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
01 - 05 years' imprisonment.
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 or have part or all of his/her property confiscated.
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 violations against a
person under 18 shall face a penalty of 01 - 05 years' imprisonment:
a)
Persuading, inciting a person under 18 to commit a criminal offence or indulge
in debauchery;
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c)
Harboring a person under 18 who committed a 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 more than one person under 18;
c) The
offence involves a person under 13;
d) The
offence involves 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.
The
person who commits this offence in the circumstances in Point dd Clause 2 of
this Article might also be put under mandatory supervision for 01 - 05 years.
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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 involve 50 - 100 physical books or magazines;
c) The
offence involves 100 - 200 physical pictures;
d)
Pornographic materials are distributed among 10 - 20 people;
dd) The
offender has incurred an administrative penalty 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 201 - 500 physical pictures;
d)
Pornographic materials are distributed among 21 - 100 people;
e)
Pornographic materials are distributed to people 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 ≥ 10 GB;
b) The
offence involve ≥ 101 physical books or magazines;
c) The
offence involves ≥ 501 physical pictures;
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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 5,000,000 to VND 30,000,000
or prohibited from holding certain positions or doing certain jobs for 01 - 05
years.
Article
327. Harboring prostitutes
1. Any
person who harbors prostitutes 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 is committed by an organized group;
b) Forced
prostitution;
c) The
offence has been committed more than once;
d) The
offence involves ≥ 04 people engaged in prostitution;
dd) The
offence involves a person aged from 16 to under 18 engaged in prostitution;
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g) The
illegal profit earned is from VND 50,000,000 to under VND 200,000,000;
h)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 10
- 15 years' imprisonment:
a) The
offence involves a person aged from 13 to under 16 engaged in prostitution;
b) The
illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
c) The
offence results in ≥ 46% mental and behavioral disability of the person engaged
in prostitution.
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 more than one person aged from 13 to under 16engaged in
prostitution;
b) The
illegal profit earned is ≥ VND 500,000,000;
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5. The
offender might also be liable to a fine of from VND 10,000,000 to VND
100,000,000 or put under mandatory supervision for 01 - 05 years or have part
or all of his/her property confiscated.
Article
328. Procuring
1. Any
person who encourages or assists the prostitution of others shall face a
penalty of 06 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offence involves a person aged from 16 to under 18 engaged in prostitution;
b) The
offence is committed by an organized group;
c) The
offence is committed in a professional manner;
d) The
offence has been committed more than once;
dd) The
offence involves more than one person;
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g)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence involves a person aged from 13 to under 16 engaged in prostitution;
b) The
illegal profit earned is ≥ 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.
Article
329. Engaging in prostitution with a person under 18
1. Any
person aged ≥ 18 who engages in prostitution with a person under 18, except for
the case in Point b Clause 1 Article 142 hereof, shall face a penalty of 01 -
05 years' imprisonment.
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;
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c) The
offence causes 31% - 60% WPI for the victim.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence has been committed more than once and the person engaged in
prostitution is from 13 to under 16 years of age;
b) The
offence causes ≥ 61% WPI for the victim.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
Chapter
XXII
OFFENCES AGAINST ADMINISTRATIVE MANAGEMENT
ORDER
Article
330. Resisting a law enforcement officer in performance of his/her official
duties
1. Any
person who uses violence, threat of violence or otherwise obstructs a law
enforcement officer from performing his/her official duties or forces a law
enforcement officer to act against the law shall face a penalty of up to 03
years' community sentence or 06 - 36 months' imprisonment:
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a) The
offence is committed by an organized group;
b) The
offence has been committed more than once;
c) The
offender persuades or incites another person to commit the offence;
d) The
property damage caused by the offence is assessed at ≥ VND 50,000,000;
dd) Dangerous
recidivism.
Article
331. Abusing democratic freedoms to infringe upon the interests of the State,
lawful rights and interests of organizations and/or citizens
1. Any
person who abuses the freedom of speech, freedom of the press, freedom of
religion, freedom of association and other democratic freedoms to infringe upon
the interests of the State, lawful rights and interests of organizations and/or
citizens shall receive a warning or face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment.
2. If the
offence has a negative impact on social security, order or safety, the offender
shall face a penalty of 02 - 07 years' imprisonment.
Article
332. Avoiding conscription
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2. This
offence committed in any of the following circumstances carries a penalty of 01
- 05 years' imprisonment:
a) The
offender injures himself/herself to avoid conscription;
b) The
offence is committed in wartime;
c) The
offender drags another person into committing the offence.
Article
333. Defying order for enlistment of military reserve force members
1. Any
person who is a member of a military reserve force but defies the enlistment
order in case of a general mobilization order or local mobilization order, war
or necessary enhancement of the standing army to protect the local territory or
the nation's sovereignty 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 injures himself/herself to avoid enlistment;
b) The
offender drags another person into committing the offence.
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1. Any
person who abuses his/her position to commit a violation against regulations of
law on conscription, enlistment, military training order shall face a penalty
of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. If
this offence is committed in wartime, the offender shall face a penalty of 02 -
07 years' imprisonment.
3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
335. Obstruction of conscription
1. Any person
who deliberately obstructs conscription, enlistment, military training order
shall receive a warning or face a penalty of up to 02 years' community sentence
or 03 - 24 months' imprisonment.
2. If
this offence involves the offender's abuse of his/her power or position or is
committed in wartime, the offender shall face a penalty of 02 - 05 years'
imprisonment.
Article
336. Illegal civil registration
1. Any
person who abuses his/her position or power to register or issue civil
registration documents against the law despite the fact that he/she has
incurred a disciplinary penalty for the same offence shall receive a warning or
face a penalty of up to 03 years' community sentence.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 24 months' imprisonment:
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b) The
civil registration documents issued or registered against the law are used for
commission of illegal acts.
3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
337. Deliberate disclosure of classified information; appropriation, trading,
destruction of classified documents
1. Any
person who deliberately discloses or deals in classified information, 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:
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b) The
information is classified as first-degree top secret;
c) The
offence has been committed more than once;
d) The
offence infringes upon the political regime, independence, sovereignty and
territorial integrity of Vietnam.
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 jobs
for 01 - 05 years.
Article
338. Involuntary disclosure of classified information; loss of classified
documents or items
1. Any
person who involuntarily discloses classified information or loses a classified
document or item 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
information is classified as top secret;
b) The offence
results in losses in terms of national defense and security; causes diplomatic,
economic or cultural damages; infringes upon the political regime,
independence, sovereignty and territorial integrity.
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Article
339. Criminal impersonation
Any
person who assumes a false position or rank to commit illegal acts other than
appropriation of property shall face a penalty of up to 02 years' community
sentence or 03 - 24 months' imprisonment.
Article
340. Falsification and use of certificates or documents of organizations
1. Any
person who falsifies the content of a passport, visa, household registration
book, civil registration document, certificate or another document of an agency
or organization and uses it to commits a criminal offence or does it while
having incurred an administrative penalty for the same offence or having an
unspent conviction for the same offence shall receive a warning, 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.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
offence has been committed more than once;
b) The
falsified document is used to commit a very serious crime or extremely serious
crime.
3. The
offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000
or prohibited from holding certain positions or doing certain jobs for 01 - 05
years.
Article
341. Fabricating an organization's seal or documents and use thereof
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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;
d) The
fabricated seal or document is used to commit a criminal offence;
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 ≥ 6 fabricated seals or documents;
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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.
Article
342. Appropriation, trading, destruction of an organization's seal or document
1. Any
person who appropriates, sells, buys or illegally destroys an organization's
seal or document which is not a classified information or work secret shall be
liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of
up to 02 years' community sentence or 03 - 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
illegal profit earned is ≥ VND 10,000,000;
c) The
offence is meant to commit an illegal act;
d)
Dangerous recidivism.
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Article
343. Offences against regulations of law on housing management
1. Any
person who illegally occupies a residence or builds a house despite the fact
that he/she has incurred an administrative penalty for the same offence or has
an unspent conviction for the same offence shall face a penalty of up to 02
years' community sentence or 03 - 24 months' imprisonment.
The house
or work illegally built might be demolished, requisitioned or confiscated.
2. The
offender might also be liable to a fine of from VND 5,000,000 to VND
50,000,000.
Article
344. Offences against regulations of law on publishing
1. Any
person who violates regulations of law on publishing in any of the following
circumstances shall receive a warning, 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 03 - 24 months' imprisonment:
a) The
offender fails to comply with regulations on editing and approving drafts but
still allows the publishing of the work despite the fact that he/she has
incurred an administrative penalty for the same offence;
b) The
offender has 2,000 copies of each work printed without certification of
publishing registration, publishing decision or license for non-commercial
publishing; without an approved draft bearing the editor's signature as
prescribed by law;
c) 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;
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dd) The
quantity of copies is below the levels specified in Point b or Point c of this
Clause but the offender has incurred an administrative penalty for any of the
offences specified in therein or has an unspent conviction for the same offence
;
e) The
offender has a work published without submitting its deposit despite the fact
that he/she has incurred an administrative penalty for the same offence.
2. This
offence committed in any of the following circumstances, except in the
circumstances specified in Article 117 hereof, shall face 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.
3. 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.
Article
345. Offences against regulations on protection and use of historic - cultural
sites or famous landscapes that lead to serious consequences
1. Any
person who violates regulations of law on protection and use of historic -
cultural sites or famous landscapes and cause damage assessed at from VND
100,000,000 to under VND 500,000,000 to the site or landscape; destroys or
change the contributing factors of the site or landscape classified as
provincial heritage or does it while having incurred an administrative penalty
for the same offence or having an unspent conviction for the same offence shall
receive a warning, be liable to 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.
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Article
346. Offences against regulations of law on bordering area
1. Any
person who commits violations against regulations on residence, travel or
regulations on bordering areas despite the fact that he/she has incurred an
administrative penalty for the same offence or has an unspent conviction for
the same offence shall be liable to a fine of from VND 10,000,000 to VND
100,000,000 or face a penalty of 06 - 36 months' imprisonment.
2. In
case of recidivism or the offence has a negative impact on social safety, order
security of the bordering area, the offender shall face a penalty of 02 - 07
years' imprisonment.
3. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000 or prohibited from residence for 01 - 05 years.
Article
347. Offences against regulations of law on immigration; illegal stay in
Vietnam
Any
person who illegally enters, exits Vietnam or stays in Vietnam despite the fact
that he/she has incurred an administrative penalty for the same offence shall
be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty
of 06 - 36 months' imprisonment.
Article
348. Brokering illegal entry, exit or stay in Vietnam
1. Any
person who, for self-seeking purposes, brokers the illegal entry, exit or stay
in Vietnam of another person 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:
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b) The
offence has been committed more than once;
c) The
offence involves 05 - 10 people;
d) The
offence is committed in a professional manner;
dd) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
e)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence involves ≥ 11 people;
b) The
illegal profit earned is ≥ VND 500,000,000;
c) The
offence results in the death of a person.
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Article
349. Organizing, brokering illegal emigration
1. Any
person who organizes or brokers illegal emigration of another person, except
for the case in Article 120 hereof, 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
offender abuses his/her position or power to commit the offence;
b) The
offence has been committed more than once;
c) The
offence involves 05 - 10 people;
d) The
offence is committed in a professional manner;
dd) The
illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
e)
Dangerous recidivism.
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a) The
offence involves ≥ 11 people;
b) The
illegal profit earned is ≥ VND 500,000,000;
c) The
offence results in the death of a 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.
Article
350. Forcing another person to illegally emigrate
1. Any
person who forces another person to illegally emigrate, except for the case in
Article 120 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
- 12 years' imprisonment:
a) The
offence has been committed more than once;
b) The
offence involves 05 - 10 people;
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d) The
offender is committed by despicable motives;
dd)
Dangerous recidivism.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence involves ≥ 11 people;
b) The
offence results in the death a person.
Article
351. Desecration of national flag, national emblem, national anthem
Any
person who deliberately desecrates the national flag, national emblem, national
anthem shall receive a warning or face a penalty of up to 03 years' community
sentence or 06 - 36 months' imprisonment.
Chapter
XXIII
OFFENCES RELATED TO ABUSE OF POWER
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1. Abuse
of power means acts of infringement upon rightful activities of an agency or
organization committed by an officer-holder in performance of his/her official
duties.
2. An
office-holder means a person who is given certain duties and power through
appointment, election, contract conclusion or another method. An office-holder
might or might not receive salaries.
Section
1. CORRUPTION-RELATED CRIMES
Article
353. Embezzlement
1. Any
person who abuses his/her position or power to embezzle property under his/her
management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND
2,000,000 in any of the following circumstances shall face a penalty of 02 - 07
years' imprisonment:
a) The
offender was disciplined for the same offence;
b) The
offender has an unspent conviction for any of the offences specified in Section
1 of this Chapter .
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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c) The
offence has been committed more than once;
d) The
property appropriated is assessed at from VND 100,000,000 to under VND
500,000,000;
dd) The
money or property embezzled was meant for poverty reduction, provision of
benefits for wartime contributors, contribution to reserve funds, provision of
emergency aid for people in areas suffering from a natural disaster or epidemic
or extremely disadvantaged areas;
e) The
property damage caused by the offence is assessed at from VND 1,000,000,000 to
under VND 3,000,000,000;
g) The
offence has a negative impact on life of officials, public employees and
workers of an agency or organization.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
property embezzled is assessed at from VND 500,000,000 to under VND
1,000,000,000;
b) The
property damage caused by the offence is assessed at from VND 3,000,000,000 to
under VND 5,000,000,000;
c) The
offence has a negative impact on social security, order or safety;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment, life imprisonment or death:
a) The
property embezzled is assessed at ≥ VND 1,000,000,000;
b) The
property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND
100,000,000 or have part or all of his/her property confiscated.
6.
Officer-holders in enterprises and organizations other than state organizations
who take bribes shall be dealt with in accordance with this Article.
Article
354. Taking bribes
1. Any
person who abuses his/her power to directly or through an intermediary receive
or promise to receive any of the following benefits for himself/herself or for
another person or organization as a condition to act or not to act in the
interests of or at the request of the bribe giver shall face a penalty of 02 -
07 years' imprisonment:
a) Money,
property or other tangible benefit assessed at from VND 2,000,000 to under VND
100,000,000 or under VND 2,000,000 but the bribe recipient has incurred a
disciplinary penalty for the same offence or has an unspent conviction for any
of the offences specified in Section 1 of this Chapter ;
b)
Intangible benefits.
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a) The
offence is committed by an organized group;
b) The
offender abuses his/her position or power to commit the offence;
c) The
bribe is money, property or other tangible benefits assessed at from VND
100,000,000 to under VND 500,000,000;
d) The
property damage caused by the offence is assessed at from VND 1,000,000,000 to
under VND 3,000,000,000;
dd) The
offence has been committed more than once;
e) The
offender knows that the bribe is state property;
g) The
offender solicits bribes or employ a deceitful method to take bribes.
3. This
offence committed in any of the following circumstances carries a penalty of 15
- 20 years' imprisonment:
a) The
bribe is money, property or other tangible benefits assessed at from VND
500,000,000 to under VND 1,000,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment, life imprisonment or death:
a) The
bribe is money, property or other tangible benefits assessed at ≥ VND
1,000,000,000;
b) The
property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND
100,000,000 or have part or all of his/her property confiscated.
6.
Officer-holders in enterprises and organizations other than state organizations
who take bribes shall be dealt with in accordance with this Article.
Article
355. Abuse of power or position for appropriation of property
1. Any
person who abuses his/her position or power to appropriate another person's
property assessed at from VND 2,000,000 to under VND 100,000,000 or under VND
2,000,000 in any of the following circumstances shall face a penalty of 01 - 06
years' imprisonment:
a) The
offender has incurred a disciplinary penalty for the same offence;
b) The
offender has an unspent conviction for any of the offences specified in Section
1 of this Chapter .
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
offence is committed by an organized group;
b) The
offence involves deceitful or dangerous methods;
c) The
offence has been committed more than once;
d) The
property appropriated is assessed at from VND 100,000,000 to under VND
500,000,000;
dd) The
property damage caused by the offence is assessed at from VND 1,000,000,000 to
under VND 3,000,000,000;
e) The
money or property appropriated was meant for poverty reduction, provision of
benefits for wartime contributors, contribution to reserve funds, provision of
emergency aid for people in areas suffering from a natural disaster or epidemic
or extremely disadvantaged areas.
3. This
offence committed in any of the following circumstances carries a penalty of 13
- 20 years' imprisonment:
a) The
property embezzled is assessed at from VND 500,000,000 to under VND
1,000,000,000;
b) The
property damage caused by the offence is assessed at from VND 3,000,000,000 to
under VND 5,000,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
offence has a negative impact on social security, order or safety.
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment or life imprisonment:
a) The
property embezzled is assessed at ≥ VND 1,000,000,000;
b) The
property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND
100,000,000 or have part or all of his/her property confiscated.
Article
356. Abuse of power or position in performance of official duties
1. Any
person who, for personal gain or other self-seeking purposes, abuses his/her
power or position in performance of official duties to act against his/her
official duties and as a result causes property damage assessed at from VND
10,000,000 to under VND 200,000,000 or otherwise infringes upon state
interests, lawful rights and interests of another organization or individual
shall 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 05
- 10 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
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 1,000,000,000.
3. If The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000, the
offender shall face a penalty of 10 - 15 years' imprisonment.
4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND
100,000,000.
Article
357. Acting beyond authority in performance of official duties
1. Any
person who, for personal gain or other self-seeking purposes, acts against
his/her official duties beyond his/her authority and as a result causes
property damage assessed at from VND 10,000,000 to under VND 100,000,000 or
otherwise infringes upon state interests, lawful rights and interests of
another organization or individual shall face a penalty of 01 - 07 years'
imprisonment.
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
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
4. If The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000, the
offender shall face a penalty of 15 - 20 years' imprisonment.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND
100,000,000.
Article
358. Abuse of power or position to influence another person for personal gain
1. Any
person who abuses his/her position or power to directly or through an
intermediary request, receive or promise to receive any of the following
benefits in order to influence an office-holder to perform or not to perform
certain duties or tasks or to commit a prohibited act shall face a penalty of
01 - 06 years' imprisonment:
a) Money,
property or other tangible benefits assessed at from VND 2,000,000 to under VND
100,000,000 or under VND 2,000,000 but the offender was disciplined for the
same offence;
b)
Intangible benefits.
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at from VND 1,000,000,000 to
under VND 3,000,000,000.
3. This
offence committed in any of the following circumstances carries a penalty of 13
- 20 years' imprisonment:
a) The
money, property or other tangible benefits are assessed at from VND 500,000,000
to under VND 1,000,000,000;
b) The
property damage caused by the offence is assessed at from VND 3,000,000,000 to
under VND 5,000,000,000.
4. This
offence committed in any of the following circumstances carries a penalty of 20
years' imprisonment or life imprisonment:
a) The
money, property or other tangible benefits are assessed at ≥ VND 1,000,000,000;
b) The
property damage caused by the offence is assessed at ≥ VND 5,000,000,000.
5. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND
100,000,000.
Article
359. Commission of fraud in performance of duties
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a)
Falsifying a document;
b)
Fabricating a document or issuing a fabricated document;
c)
Forging an office holder's signature.
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
offender is the person in charge of making or issuing documents;
c) The
offence involves 02 - 05 fabricated documents.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence involves 05 - 10 fabricated documents;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offence involves ≥ 11 fabricated documents;
b) The
offence is meant to serve the commission of very serious crime or extremely
serious crime.
5. The
offender might also be liable to a fine of VND 10,000,000 - VND 100,000,000 or
prohibited from holding certain positions or doing certain jobs for 01 - 05
years.
Section
2. OTHER OFFENCES RELATED TO ABUSE OF POWER
Article
360. Negligence that results in serious consequences
1. Any
person who negligently fails to perform or correctly perform his/her in any of
the following circumstances, except for the cases in Article 179, Article 308
and Article 376 hereof, shall face a penalty of up to 03 years' community
sentence or 06 - 60 months' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who suffers
from ≥ 61% WPI;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 31% -
60% WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 results in bodily harm to 02 people, each of whom suffers from 61% WPI
or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total WPI of
122% - 200%;
d) 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 results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61%
WPI;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. If
this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI
or bodily harm to more than one person who suffer from a total WPI of 31% -
60%, except for the cases in Article 179, 308 and 376 hereof, the offender
shall face a penalty of up to 02 year's 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.
Article
361. Deliberate revelation of work secrets; appropriation, trading, destruction
of work secret documents
1. Any
person who deliberately discloses, appropriates, buys, sells or destroys work
secrets, except in the circumstances specified in Article 110, 337 and 342
hereof, shall face a penalty of up to 03 years' community sentence or 06 - 35
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
offence has been committed more than once;
c) The
illegal profit earned is ≥ VND 50,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The
offence has a negative impact on the operation of an agency or organization;
e) The
secrets are used by another person to commit violations of law.
3. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
362. Involuntary revelation of work secrets; loss of work secret documents
1. Any
person who involuntarily discloses work secrets or loses work secret documents
in any of the following circumstances, except in the circumstances specified in
Article 338 hereof, shall receive a warning or face a penalty of up to 03
years' community sentence:
a) The
offence has a negative impact on the operation of an agency or organization;
b) The
property damage caused by the offence is assessed at from VND 100,000,000 to
under VND 500,000,000;
c) The
secrets are used by another person to serve the commission of a less serious
crime or serious crime.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 24 months' imprisonment:
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b) The
secrets are used by another person to serve the commission of very serious
crime or extremely serious crime.
3. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
363. Abandonment of duties
1. Any
official or public employee who abandons his/her duties 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 causes ≥ 31% WPI for another person;
b) The
property damage caused by the offence is assessed at from VND 300,000,000 to
under VND 1,000,000,000;
c) The
offender has incurred a disciplinary penalty for the same offence.
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 a person;
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c) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000;
d) The
offence is committed in wartime, occurrence of a natural disaster, epidemic or
hardship of society.
3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
364. Giving bribes
1. Any
person who directly or through an intermediary gives or promises to give any of
the following benefits to an office holder or another person or organization in
order to influence him/her to perform or not to perform certain tasks in the
interests of or at the request of the bribe giver shall be liable to a fine of
from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 03 years'
community sentence or 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.
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;
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c) The
bribe is state property;
d) The
offender abuses his/her position or power to commit the offence;
dd) The
offence has been committed more than once;
e) The
bribe is money, property or other tangible benefits assessed at from VND
100,000,000 to under VND 500,000,000.
3. If the
bribe is money, property or other tangible benefits assessed at from VND
500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 07
- 12 years' imprisonment.
4. If the
bribe is money, property or other tangible benefits assessed at ≥ VND
1,000,000,000, 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
50,000,000.
6. Any
person who promises to bribe a foreign official, an official of a public
international organization or an office holder in an enterprise or organization
other than state organizations shall be dealt with in accordance with this
Article.
7. Any
person who is forced to give bribes but voluntarily reports the bribery before
being discovered shall be acquitted and have the money or property used as
bribe returned. Any person who is not forced to give bribes but voluntarily
report the bribery before being discovered might be exempt from criminal
responsibility and have all or part of the money or property used as bribe
returned.
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1. Any
person who brokers a bribery in any of the following circumstances shall be
liable to a fine of from VND 20,000,000 to under VND 200,000,000 or face a
penalty of up to 0 years' community sentence or 06 - 36 months' imprisonment:
a) The
bribe is money, property or other tangible benefits assessed at from VND
2,000,000 to under VND 100,000,000;
b) The
bribe is intangible benefits.
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 is committed in a professional manner;
c) The
offence involves deceitful methods;
d) The
offender knows that the bribe is state property;
dd) The
offender abuses his/her position or power to commit the offence;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
bribe is assessed at from VND 100,000,000 to under VND 500,000,000.
3. If the
bribe is assessed at from VND 500,000,000 to under VND 1,000,000,000, the
offender shall face a penalty of 05 - 10 years' imprisonment.
4. If the
bribe is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of
08 - 15 years' imprisonment.
5. The
offender might also be liable to a fine of from VND 20,000,000 to VND
200,000,000.
6. The
bribe broker who voluntarily reports the bribery before being discovered might
be exempt from criminal responsibility.
7. Any
person who brokers bribery in an enterprise or organization other than state
organizations shall be dealt with in accordance with this Article.
Article
366. Abuse of influence over an office holder for personal gain
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, or does it while having incurred a disciplinary penalty for the
same offence 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;
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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 has been committed more than once;
b) The
bribe is money, property or other tangible benefits assessed at from VND
100,000,000 to under VND 500,000,000;
c)
Dangerous recidivism.
3. If the
bribe is money, property or other tangible benefits assessed at ≥ VND
500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.
4. The
offender might also be liable to a fine of from VND 10,000,000 to VND
50,000,000.
Chapter
XXIV
PUBLIC JUSTICE OFFENCES
Article
367. Concept
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Article
368. Bringing criminal prosecution against an innocent person
1. Any
competent person who brings criminal prosecution against a person in the
knowledge that the person is innocent 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
innocent person is prosecuted for infringement upon national security or
another extremely serious crime;
b) The
offence is committed against 02 - 05 people;
c) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender or an old and weak person;
d) The
offence results in 11% - 45% mental and behavioral disability of the victim;
dd) The
offence results in a wrongful conviction of an innocent person for a less
serious crime or serious crime;
e) The
offence has a negative impact on social security, order or safety.
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a) The
offence is committed against ≥ 06 people;
b) The
offence results in a wrongful conviction of an innocent person for a very
serious crime or extremely serious crime;
c) The
offence results in ≥ 46% mental and behavioral disability of the victim;
d) The
offence results in the suicide of the person wrongly prosecuted.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
369. Failure to bring criminal prosecution against a guilty person
1. Any
competent person who fails to bring criminal prosecution against a person in
the knowledge that the person is guilty shall face a penalty of 06 - 36 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
person who escapes criminal prosecution committed a very serious crime;
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c) The
person who escapes criminal prosecution has fled or obstructs the process of
investigation, prosecution, trial or continues to commit another less serious
crime or serious crime;
d) The
offence results in the person who escapes criminal prosecution taking revenge
on the person(s) who reported the crime, the victim or witness;
dd) The
offence has a negative impact on social security, order or safety.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence involves ≥ 05 people who escape criminal prosecution;
b) The
person who escapes criminal prosecution committed infringement upon national
security or an extremely serious crime;
c) The
person who escapes criminal prosecution continues to commit another very
serious crime or extremely serious crime;
d) The
offence results in the suicide of the victim.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
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1. Any
judge or jury member who passes a judgment in the knowledge that it is illegal
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 has been committed more than once;
b) The
offence is committed against a person under 18, a woman 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 a serious crime or very serious crime or a perpetrator
of a serious crime or very serious crime;
dd) The
offence result in 11% - 45% mental and behavioral disorder of the defendant,
victim or plaintiff;
e) The
property damage caused by the offence is assessed at VND 500,000,000 - VND
1,000,000,000;
g) The
offence has a negative impact on social security, order or safety.
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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
offence result in ≥ 46% mental and behavioral disorder of the defendant, victim
or plaintiff;
d) The
offence result 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.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
371. Issuing an illegal decision
1. Any
competent person who, in the course of proceedings or enforcement of judgment,
issues a decision in the knowledge that it is illegal and as a result causes
property damage assessed at from VND 50,000,000 to under VND 200,000,000 or
infringes upon lawful rights and interests of the State or another organization
or individual, except for the cases in Article 368, 369, 370, 377 and 378
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:
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b) The
offence has been committed more than once;
c) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender or an old and weak person;
d) The
offence result in 11% - 45% 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 carries a penalty of 07
- 12 years' imprisonment:
a) The
offence result in ≥ 46% 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;
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
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
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Article
372. Forcing a judicial officer to act against the law
1. Any
person who abuses his/her position or power to force a judicial officer to act
against the law and as a results infringes upon the interest of the State or
the lawful rights and interests or another organization or individual or causes
property damage assessed at from VND 50,000,000 to under VND 200,000,000 shall
face a penalty of 06 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
b) The
offence has been committed more than once;
b) The
offence results in an illegal judgment or decision;
c) The
offence involves the use of violence, threat of violence or other dangerous or
deceitful methods;
d) The
property damage caused by the offence is assessed at from VND 200,000,000 to
under VND 1,000,000,000;
dd) The
offence has a negative impact on social security, order or safety.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
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b) The
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
4. The offender
might also be prohibited from holding certain positions for 01 - 05 years.
Article
373. Use of torture
1. Any
person who, in the course of proceedings, trial or implementation of measures
including mandatory attendance at a correctional institution or rehabilitation
center, uses torture or brutally treats or insults another person in any shape
or form shall face a penalty of 06 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 07
- 15 years' imprisonment:
a) The
offence has been committed more than once;
b) The
offence is committed against more than one person;
c) The
offence involves deceitful methods;
d) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender, an old and weak person or a person having a serious
physical disability or extremely serious physical disability;
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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
- 12 years' imprisonment:
a) The
offence causes ≥ 61% WPI for another person;
b) The
offence results in the suicide of the tortured person.
4. If the
offence results in the death of the tortured person, the offender shall face a
penalty of 12 - 20 years' imprisonment or life imprisonment.
5. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
374. Obtainment of testimony by duress
1. Any
person who, in the course of proceedings, employs illegal methods to force an
interrogated person to provide information about the case shall face a penalty
of 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
has been committed more than once;
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c) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender, an old and weak person or a person having a serious
physical disability or extremely serious physical disability;
d) The
offender uses torture, maltreats or insults the interrogated person;
dd) The
offence involves deceitful methods;
e) The
offence results in falsification of the result of accusation, investigation,
prosecution or trial;
g) The
interrogated person is forced to provide false statements.
3. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence results in the suicide of the interrogated person;
b) The
offence results in omission of a less serious crime or serious crime.
4. 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
offence results in wrongful conviction of an innocent person;
c) The
offence results in omission of a very serious crime or extremely serious crime.
5. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
375. Falsification of case files
1. Any
investigator, prosecutor, judge, jury member, court clerk or any other judicial
officer, advocates of 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.
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 results in wrong result of the case;
c) The
property damage caused by the offence is assessed at from VND 500,000,000 to
under VND 1,000,000,000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
376. Negligence resulting in escape of a detainee or prisoner
1. Any
person who is responsible for guarding or escorting a detainee or prisoner but
negligently lets him/her escape 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.
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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;
dd) The
offence has a negative impact on social security, order or safety.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
escapee continues to commit another extremely serious crime;
b) The
offence involves ≥ 06 escapees;
c) The
escapee committed a extremely serious crime.
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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 a decision to arrest or hold a person in detention or custody without
any basis as prescribed by law;
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 without 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.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence involves 02 - 05 people held in detention or custody against the law;
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c) The
offence results in extreme hardship of the detainee or his/her family;
d) The
offence is committed against a person under 18, a woman whose pregnancy is
known by the offender, an old and weak person or a person having a serious
physical disability or extremely serious physical disability.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The
offence involves ≥ 06 people held in detention or custody against the law;
b) The
offence result in ≥ 61% WPI or death of the person held in detention or custody
against the law;
c) The
offence results in the suicide of the detainee;
d) The
offence results in separation of the detainee's family.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
378. Illegally releasing a person under arrest, a person held in temporary
detention or a prisoner
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2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a)
Illegally releasing a person under arrest, a person held in temporary detention
or a prisoner who committed a very serious crime or extremely serious crime;
b) The
illegally released person escapes or obstructs the process of investigation,
prosecution, trial or continues to commit another less serious crime or serious
crime;
c) The
illegally released person takes revenge on the proceeding officer or
participant;
dd) The
offence involves 02 - 05 people illegally released.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence involves ≥ 06 people illegally released;
b) The
illegally released person committed a very serious crime or extremely serious
crime.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
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1. Any
competent person who deliberately omits to issue a decision to execute a
judgment or fails to execute a judgment or decision of a court 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 a disciplinary penalty for the same offence;
b) The
offence results in the escape of the convict;
c) The
time limit for judgment execution expires;
d) The
offence gives an opportunity for the convict to liquidate or hide his/her
property and thus fails to implement the judgment with an amount of from VND
50,000,000 to under VND 200,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence has been committed more than once;
b) The
convict continues to commit another less serious crime or serious crime;
c) The
offence gives an opportunity for the convict to liquidate or hide his/her
property and thus fails to implement the judgment with an amount of from VND
200,000,000 to under VND 1,000,000,000.
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a) The
convict continues to commit another very serious crime or extremely serious
crime;
b) The
offence gives an opportunity for the convict to liquidate or hide his/her
property and thus fails to implement the judgment with an amount of ≥ VND
1,000,000,000.
4. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
380. Failure to serve a judgment
1. If a
person who is capable of but fails to serve a judgment or decision of the court
which has taken effect despite the fact that enforcement measures have been
taken as prescribed by law or an administrative penalty for the same offence
was imposed, such person shall face a penalty of 03 - 24 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
offender resists the bailiff or a law enforcement officer;
b) The
offence involves deceitful methods;
c) The
offender liquidates or hides his/her property.
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Article
381. Obstruction of judgment execution
1. Any
person who abuses his/her position or power to obstruct the execution of a
judgment 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 escape of the convict;
b) The
time limit for judgment execution expires;
c) The
offence gives an opportunity for the convict to liquidate or hide his/her
property and thus fails to implement the judgment with an amount of from VND
50,000,000 to under VND 200,000,000;
d) The
property damage caused by the offence is assessed at from VND 50,000,000 to
under VND 200,000,000.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 05 years' imprisonment:
a) The
offence has been committed more than once;
b) The
convict continues to commit another crime;
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d) The
property damage caused by the offence is assessed at ≥ VND 200,000,000.
3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
382. Providing false documents or giving false statements
1. A
witness, expert, valuator, translator, interpreter, advocate who gives a false
conclusion, makes a false translation or provides documents in the knowledge
that they are untruthful shall receive a warning or face a penalty of up to 01
year's community sentence or 03 - 12 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offence results in misjudgment of the case.
3. 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;
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4. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
383. Refusal to give testimony, expert's conclusion, valuator's conclusion or
refusal to provide documents
1. A
witness other than those specified in Clause 2 Article 19 hereof, an expert,
valuator, translator or interpreter who refuses to or avoid giving expert's
conclusion or valuator's conclusion or refuses to provide documents without
acceptable reasons shall receive a warning or face a penalty of up to 01 year's
community sentence or 03 - 12 months' imprisonment.
2. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
384. Bribing or forcing another person to give testimony or provide documents
1. Any
person who bribes or forces the witness, victim, litigant in a criminal,
administrative or civil case to give false testimony or provide untruthful
documents or not to give testimony or provide documents; bribes or forces the
expert or valuator to give a false conclusion or the translator or interpreter
to make incorrect translation shall face a penalty of up to 03 years' community
sentence or 03 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence involves the use of violence, threat of violence or other dangerous
methods;
b) The
offender abuses his/her position or power to commit the offence;
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Article
385. Offenses against regulations on sealing, distraining property, freezing
accounts
1. Any
person who is responsible for management of distrained property, sealed
property, sealed exhibits or frozen accounts but commits any of the following
acts shall face a penalty of up to 02 years' community sentence or 03 - 24
months' imprisonment:
a)
Breaking the seal or unfreezing the account without a decision of a competent
person;
b) Using,
transferring, swapping, hiding or destroying distrained property.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offence results in misjudgment of the case;
b) The
offence results in the failure of the suspect, the convict or the person
responsible for executing the judgment to execute the judgment with an amount
of ≥ VND 100,000,000.
3. The
offender might also be prohibited from holding certain positions or doing
certain jobs for 01 - 05 years.
Article
386. Escape from detention facility or during escort or trial
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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
offender uses violence against the guards of escorters.
Article
387. Swapping a person under arrest, a person held in temporary detention or a
prisoner
1. Any
person who swaps a person under arrest, a person held in temporary detention or
a prisoner, except in the circumstances specified in Article 119 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
- 12 years' imprisonment:
a) The
offence is committed by an organized group;
b) The
offender abuses his/her position or power to commit the offence;
c) The
offender uses violence against the guards of escorters;
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3. The
offender might also be prohibited from holding certain positions for 01 - 05
years.
Article
388. Violations against regulations on detention
1. A
person who commits any of the following violations against regulations of law
on detention despite the fact that he/she has incurred a disciplinary or
administrative penalty for the same offence or has an unspent conviction for the
same offence , except for the cases in Article 119, 170, 252, 253, 254 and 255
hereof, shall face a penalty of 06 - 36 months' imprisonment:
a)
Causing disruption or defying orders of the competent person in detention
management;
b)
Destroying or deliberately damaging property;
c)
Extortion of property;
d)
Bringing in, possessing, appropriating or organizing the use of narcotic
substances, narcotic drugs or psychotropic drugs;
dd)
Bringing in, possessing or using personal communications devices.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
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b) The
offender abuses his/her position or power to commit the offence;
c) The
offence involves deceitful methods;
d)
Dangerous recidivism.
3. The
offender might also be prohibited residence for 01 - 03 years, prohibited from
holding certain positions for 01 - 03 years.
Article
389. Concealment of crimes
1. Any
person who, without prior promises, conceals any of the following crimes,
except for the cases in Clause 2 Article 18 hereof, shall face a penalty of up
to 03 years' community sentence or 06 - 60 months' imprisonment:
a) The
crimes against national security specified in Article 108 through 121;
b)
Article 123 (Murder); Article 141, Clause 2 through 4 (Rape); Article 142 (Rape
of a person under 16); Article 144 (Forcible sexual intercourse with a person
aged from 13 to under 16) Article 146, Clause 2 and 3 (Obscenity towards a
person under 16); Article 150, Clause 2 and 3 (Human trafficking);
c)
Article 151 (Trafficking of a person under 16); Article 152 (Swapping a person
under 01 year of age); Article 153 (Abduction of a person under 16); Article
154 (Trading, appropriation of human tissues or body parts);
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dd)
Article 188, Clause 3 and 4 (Smuggling); Article 189, Clause 3 (Illegal
transport of goods or money across the border); Article 190, Clause 2 and 3
(Manufacturing and trading of banned goods); Article 191, Clause 2 and 3
(Possession, transport of banned goods); Article 192, Clause 2 and 3 (producing
and trading counterfeit goods); Article 193 (Manufacturing and trading of
counterfeit food or food additives); Article 194 (Manufacturing and trading of
counterfeit medicines for treatment or prevention of diseases); Article 195,
Clause 2 and 3 (Manufacturing and trading of counterfeit animal feeds,
fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds);
Article 196, Clause 2 and 3 (Hoarding); Article 205, Clause 3 and 4
(Establishing illegal funds); Article 206, Clause 2 and 3 (Violations against
regulations on operation of credit institutions and branches of foreign banks);
Article 207 (Production, possession, transport of counterfeit money); Article
208 (Production, possession, transport, circulation of counterfeit negotiable
instruments or other valuable papers); Article 219, Clause 2 and Clause 3
(Offences against regulations on the management and use of State-owned property
that lead to losses or wastefulness); Article 220, Clause 2 and 3 (Offences
against regulations on the management and use public capital that lead to
serious consequences); Article 221, Clause 2 and 3 (Offences against
regulations of law on accounting that lead to serious consequences); Article
222, Clause 2 and 3 (Offences against regulations of law on bidding that lead
to serious consequences); Article 223, Clause 2 and 3 (Collusion with taxpayer
that lead to serious consequences); Article 224, Clause 2 and 3 (Offences
against regulations of law on investment in construction that lead to serious
consequences); Article 243, Clause 2 and 3 (Forest destruction);
e)
Article 248 (Illegal manufacturing of narcotic substances); Article 249 (Illegal
possession of narcotic substances(; Article 250 (Illegal transport of narcotic
substances); Article 251 (Illegal trading of narcotic substances); Article 252
(Appropriation of narcotic substances); Article 253. (Possession, transport,
trading or appropriation of precursors for illegal manufacturing of narcotic
substances); Article 254, Clause 2 (Manufacturing, possession, transport,
trading of instruments and equipment serving illegal manufacturing or use of
narcotic substances); Article 255 (Illegal organization of use of narcotic
substances); Article 256 (Concealment of illegal use of narcotic substances);
Article 257 (Forcing others to use narcotic substances); Article 258.
(Persuading or inciting others to use narcotic substances); Article 259, Clause
2 (Offences against regulations on management, use of narcotic substances,
precursors, narcotic drugs and psychotropic drugs);
g)
Article 265, Clause 2 through 4 (Organizing illegal street races); Article 282
(Hijacking of an airplane or ship); Article 304 (Illegal manufacture,
possession, transport, use or appropriation of military weapons or devices);
Article 299 (Terrorism); Article 301 (Taking hostages); Article 302 (Piracy);
Article 303 (Destruction of work, facility, equipment important for national
security); Article 304 (Illegal manufacture, possession, transport, use or
appropriation of military weapons or devices); Article 305, Clause 2 through 4
(Illegal manufacture, possession, transport, use, trading or appropriation of
explosive materials); Article 309, Clause 2 through 4 (Illegal manufacture,
possession, transport, use, spreading, trading or appropriation of radioactive
substances or nuclear materials); Article 311, Clause 2 through 4 (Illegal
manufacture, possession, transport, use or trading of flammable or toxic
substances);
h)
Article 329, Clause 2 and 3 (Procuring a minor for prostitution);
i)
Article 353, Clause 2 through 4 (Embezzlement); Article 354, Clause 2 through 4
(Taking bribes); Article 355, Clause 2 through 4 (Abuse of power or position
for appropriation of property); Article 356, Clause 2 and 3 (Abuse of power or
position in performance of official duties); Article 357, Clause 2 and 3
(Acting beyond authority in performance of duties); Article 358, Clause 2
through 4 (Abuse of power or position to influence another person for personal
gain); Article 359, Clause 2 through 4 (Commission of fraud in performance of
duties); Article 364, Clause 2 through 4 (Giving bribes); Article 365, Clause 2
through 4 (Brokering bribery);
k) Article
373, Clause 3 and 4 (Use of torture); Article 374, Clause 3 and 4 (Obtainment
of testimony by force); Article 386, Clause 2 (Escape from detention facility
or during escort or trial);
l)
Disruption of peace, crimes against humanity and war crimes specified in
Article 421 through 425.
2. If the
offence involves the offender's abuse of power or other acts of protecting the
criminal, the offender shall face a penalty of 02 - 07 years' imprisonment.
Article
390. Misprision
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2. The person
who fails to report the crime but does try to stop the criminal or reduce the
consequences of the crime might be exempt from criminal responsibility or
punishment.
Article
391. Disruption in court
1. Any
person who insults jury members or other people present at the court or damages
property shall be liable to a fine of from VND 10,000,000 to VND 100,000,000,
face a penalty of up to 01 year's community sentence or 03 - 12 months'
imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 03 years' imprisonment:
a) The
court session has to be suspended;
b) A
member of the trial panel is attacked.
Chapter
XXV
INFRINGEMENTS UPON DUTIES AND
RESPONSIBILITIES OF SERVICEMEN AND COOPERATORS WITH THE ARMY IN WARTIME
Article
392. People having criminal responsibility for infringement upon duties and
responsibilities of servicemen
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2.
Reserve servicemen during training period.
3.
Militia members in cooperation with the army in wartime.
4.
Citizens recruited to the army.
Article
393. Giving orders against the law
1. Any
person who abuses his/her position to give order against the law and as a
result causes serious consequences shall face a penalty of up to 03 years'
community sentence or 06 - 60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
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dd) The
offence results in very serious consequences.
3. If the
offence results in extremely serious consequences or in other extremely serious
cases, the offender shall face a penalty of 07 - 15 years' imprisonment.
Article
394. Insubordination
1. Any
person who defies or deliberately fails to follow an order given by a competent
person shall face a penalty of 06 - 60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offender drags another person into committing the offence;
c) The
offence involves the use of violence;
d) The offence
results in very serious consequences.
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a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
d) The
offence is committed in time of emergency;
dd) The
offence results in very serious consequences.
4. If the
offence results in extremely serious consequences, the offender shall face a
penalty of 12 - 20 years' imprisonment or life imprisonment.
Article
395. Failure to strictly follow orders
1. Any
person who follows an order given by a competent person in an inattentive,
tardy or arbitrary manner 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 03
- 10 years' imprisonment:
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b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
d) The
offence is committed in time of emergency;
dd) The
offence results in very serious consequences or extremely serious consequences.
Article
396. Obstruction of companions from carrying out their duties
1. Any
person who obstructs a companion from carrying out his/her mission and causes
him/her to fail to accomplish or fully accomplish the mission shall face a
penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offender drags another person into committing the offence;
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d) The
offence results in serious consequences or very serious consequences.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
d) The
offence is committed in time of emergency;
dd) The
offence results in extremely serious consequences.
Article
397. Insulting companions
1. Any
person who seriously insult his/her companion in their working relationship
shall face a penalty of up to 02 years' community sentence or 03 - 24 months'
imprisonment.
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a) The
offender is a commander or commissioned officer;
b) The
offence is committed against a commander or superior officer;
c) The
offence is committed because of the victim's official duties;
dd) The
offence is committed in a warzone;
dd) The offence
has been committed more than once;
e) The
offence is committed against more than one person;
g) The
offence results in ≥ 46% mental and behavioral disability of the victim;
h) The
offence result in the suicide of the victim.
Article
398. Assaulting companions
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2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offence is committed against a commander or superior officer;
c) The
offence is committed because of the insulted person's official duties;
dd) The
offence is committed in a warzone;
dd) The
offence results in serious consequences, very serious consequences or extremely
serious consequences.
Article
399. Surrendering to enemy
1. Any
person who surrenders himself/herself to the enemy shall face a penalty of 03 -
10 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
offender surrender a weapon or military equipment to the enemy;
c) The
offender provides important documents or discloses military secrets to the
enemy;
d) The
offender drags another person into committing the offence;
dd) The
offence results in serious consequences or very serious consequences.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment or life imprisonment:
a) The
offender provides or classified documents or items or discloses classified
information to the enemy;
b) The
offence results in extremely serious consequences.
Article
400. Providing information or voluntarily working for the enemy as a prisoner
of war
1. Any
person who provides secret military information or voluntarily works for the
enemy while being captured as a prisoner of war shall face a penalty of 01 - 07
years' imprisonment.
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a) The
offender is a commander or commissioned officer;
b) The
offender treats other prisoners cruelly;
c) The
offender persuades another person to commit this offence;
d) The
offence results in serious consequences or very serious consequences.
3. This
offence committed in any of the following circumstances carries a penalty of 12
- 20 years' imprisonment:
a) The
offender provides or classified documents or items or discloses classified
information to the enemy;
b) The
offence results in extremely serious consequences.
Article
401. Abandonment of combat position or failure to discharge duties in battle
1. Any
person who abandons his/her combat position or fails to discharge his/her
duties in battle shall face a penalty of 02 - 07 years' imprisonment.
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a) The
offender is a commander or commissioned officer;
b) The
offender abandons military equipment or military secret documents;
c) The
offender drags another person into committing the offence;
d) The
offence results in serious consequences or very serious consequences.
3. If the
offence results in extremely serious consequences, the offender shall face a
penalty of 10 - 20 years' imprisonment.
Article
402. Desertion
1. Any
person who leaves the unit to evade military service whether in wartime or
while having incurred a disciplinary penalty for the same offence or causing
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 is a commander or commissioned officer;
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c) The
offender carries, abandons military weapons or equipment or secret documents;
d) The
offence results in very serious consequences.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 12 years' imprisonment:
a) The offence
is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
d) The
offence is committed in time of emergency;
dd) The
offence results in extremely serious consequences.
Article
403. Breaches of duty
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2. This
offence committed in any of the following circumstances carries a penalty of 02
- 07 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offender drags another person into committing the offence;
c) The
offence is committed in wartime;
d) The
offence is committed during a rescue mission;
dd) The
offence is committed in time of emergency;
e) The
offence results in very serious consequences.
3. If the
offence results in very serious consequences or extremely serious consequences,
the offender shall face a penalty of 05 - 10 years' imprisonment.
Article
404. Deliberate disclosure of military secrets
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2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offence is committed in a warzone;
c) The
offence is committed in battle;
d) The
offence results in serious consequences, very serious consequences or extremely
serious consequences.
Article
405. Appropriation, trading or destruction of military secret documents
1. Any
person who appropriates, buys, sells or destroys military secret documents,
except in the circumstances specified in Article 110, 337 and 361 hereof, shall
face a penalty of 06 - 60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender is a commander or commissioned officer;
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c) The
offence is committed in battle;
d) The
offence results in serious consequences, very serious consequences or extremely
serious consequences.
Article
406. Involuntary disclosure of military secrets
1. Any
person who involuntarily discloses military secrets, except in the
circumstances specified in Article 338 and 362 hereof, shall face a penalty of
up to 02 years' community sentence or 03 - 24 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 05 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offence is committed in a warzone;
c) The
offence is committed in battle;
d) The
offence results in serious consequences, very serious consequences or extremely
serious consequences.
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1. Any
person who loses military secret documents, except in the circumstances
specified in Article 338 and 362 hereof, shall face a penalty of up to 02
years' community sentence or 03 - 24 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 01
- 05 years' imprisonment:
a) The
offender is a commander or commissioned officer;
b) The
offence is committed in a warzone;
c) The
offence is committed in battle;
d) The
offence results in serious consequences, very serious consequences or extremely
serious consequences.
Article
408. Making false records
1. Any
person who deliberately makes false records on military operations and 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:
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b) The
offence is committed in a warzone;
c) The
offence is committed in time of emergency;
d) The
offence results in very serious consequences or extremely serious consequences.
Article
409. Breaches of guard duty
1. Any
person who fails to strictly discharge his guard duty and causes serious
consequences shall face a penalty of up to 03 years' community sentence or 06 -
60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence is committed during a rescue mission;
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dd) The
offence results in very serious consequences or extremely serious consequences.
Article
410. Offences against regulations of law on protection
1. Any
person who fails to strictly 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 of military equipment;
c) The
property damage caused by the offence is assessed at from VND 100,000,000 to
VND 500,000,000;
d) The
offence results in very serious consequences.
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 the guarded or escorted person;
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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 very serious consequences or extremely serious consequences.
Article
411. Offences against regulations of law on safety in battle or training
1. Any
person who fails to strictly comply with regulations on safety in battle or
training and causes serious consequences shall face a penalty of up to 03
years' community sentence or 01 - 05 years' imprisonment.
2. If the
offence results in very serious consequences or extremely serious consequences,
the offender shall face a penalty of 03 - 10 years' imprisonment.
Article
412. Offences against regulations of law on use of military weapons or
equipment
1. Any
person who violates regulations on use of military weapons or equipment and
causes serious consequences shall face a penalty of up to 03 years' community
sentence or 06 - 60 months' imprisonment.
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a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offence results in very serious consequences or extremely serious consequences.
Article
413. Infliction of damage or deliberate destruction of military weapons or
equipment
1. Any
person who damages or deliberately destroys a military weapon or a piece of
military equipment, except in the circumstances specified in Article 114 and
303 hereof, shall face a penalty of 02 - 07 years' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 07
- 12 years' imprisonment:
a) The
offence is committed in battle;
b) The
offence is committed in a warzone;
c) The
offender drags another person into committing the offence;
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3. If the
offence results in very serious consequences or extremely serious consequences,
the offender shall face a penalty of 12 - 20 years' imprisonment or life
imprisonment.
Article
414. Loss or involuntary destruction of military weapons or equipment
1. Any
person who is responsible for management of military weapons or equipment but
loses or involuntary damages them and causes serious consequences shall face a
penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment.
2. If the
offence results in very serious consequences or extremely serious consequences,
the offender shall face a penalty of 03 - 07 years' imprisonment.
Article
415. Harassment of the people
1. Any
person who harasses the people after despite the fact that he/she has incurred a
disciplinary penalty for the same offence or causing 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 is a commander or commissioned officer;
b) The
offender drags another person into committing the offence;
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d) The
offence is committed in an area where state of emergency is declared;
dd) The
offence results in very serious consequences or extremely serious consequences.
Article
416. Abuse of military authority in performance of duties
1. Any
person who, in performance of his/her official duties, abuses military
authority and causes property damage assessed at from VND 100,000,000 to under
VND 500,000,000 to the State or an organization or individual shall face a
penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. If The
property damage caused by the offence is assessed at ≥ VND 500,000,000, the
offender shall face a penalty of 03 - 07 years' imprisonment.
Article
417. Abandonment of wounded or dead soldiers or failure to treat wounded
soldiers
1. Any
person who is responsible but deliberately abandons a wounded or dead soldier
in the battlefield or fails to treat a wounded soldier and causes the missing
or death of such soldier shall face a penalty of up to 03 years' community
sentence or 06 - 60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 10 years' imprisonment:
a) The
offender is a commander or commissioned officer;
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Article
418. Appropriation or destruction of dead soldiers' mementos
1. Any
person who appropriates or destroys a dead soldier's memento 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 is a commander or commissioned officer;
b) The
offence involves mementos of ≥ dead soldiers.
Article
419. Appropriation or destruction of war trophies
1. Any
person who appropriates or destroys war trophies in battle or during
battlefield clean-up shall face a penalty of up to 03 years' community sentence
or 06 - 60 months' imprisonment.
2. This
offence committed in any of the following circumstances carries a penalty of 03
- 07 years' imprisonment:
a) The
offender is a commander or commissioned officer;
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c) The
offence had a negative impact on the army's reputation;
d) The
war trophies have military value;
dd) The
offence results in serious consequences or very serious consequences.
3. This
offence committed in any of the following circumstances carries a penalty of 05
- 10 years' imprisonment:
a) The
war trophies are assessed at ≥ VND 500,000,000;
b) The
war trophies have special military value;
c) The
offence results in extremely serious consequences.
Article
420. Maltreatment of prisoners of war
Any
person who maltreats a prisoner of war shall face a penalty of up to 01 year's
community sentence or 03 - 24 months' imprisonment.
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DISTURBING THE PEACE, CRIMES AGAINST
HUMANITY AND WAR CRIMES
Article
421. Disruption of peace, provocation of war of aggression
1. Any
person who advocates or provokes a war of aggression or prepares, carries out
or participates in an war of aggression against the independence, sovereignty
and territorial integrity of a nation or sovereign territory shall face a
penalty of 12 - 20 years' imprisonment, life imprisonment or death.
2. This
offence is committed under pressure or order given by superior officers, the
offender shall face a penalty of 10 - 20 years' imprisonment.
Article
422. Crimes against humanity
1. Any
person who, whether in peacetime or wartime, commits genocide against
population of an area, destroys sources of living, cultural or spiritual life
of a nation or sovereign territory, upsets the foundation of a society in order
to sabotage it or commits other acts of genocide or destroys of the environment
shall face a penalty of 10 - 20 years' imprisonment, life imprisonment or death.
2. This
offence is committed under pressure or order given by superior officers, the
offender shall face a penalty of 10 - 20 years' imprisonment.
Article
423. War crimes
1. Any
person in wartime who orders or directly commits the murder of civilians, wounded
people or prisoner of wars; pillages; destroys residential areas; uses banned
war instruments or methods or commits other acts that seriously violate
international law or an international agreement to which Socialist Republic of
Vietnam is a signatory shall face a penalty of 10 - 20 years' imprisonment,
life imprisonment or death
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Article
424. Recruiting, training or employing mercenaries
Any
person who recruits, trains or employs mercenaries to fight against a nation or
sovereign territory shall face a penalty of 10 - 20 years' imprisonment or life
imprisonment.
Article
425. Working as a mercenary
Any
person who works as a mercenary to fight against a nation or sovereign
territory shall face a penalty of 05 - 15 years' imprisonment.
Part
Three
IMPLEMENTATION
Article
426. Effect
This
document comes into force from July 01, 2016.
Criminal
Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment to Criminal Code
are null and void from the effective date of this document.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung