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COUNCIL
OF JUDGES
SUPREME PEOPLE’S COURT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
04/2025/NQ-HDTP
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Hanoi,
September 30, 2025
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RESOLUTION
ON GUIDELINES FOR THE APPLICATION OF MITIGATING CIRCUMSTANCES
AND AGGRAVATING CIRCUMSTANCES OF PENAL LIABILITY PRESCRIBED IN ARTICLES 51 AND
52 OF THE CRIMINAL CODE
Pursuant to the Law on
Organization of the People’s Courts No. 34/2024/QH15, as amended by Law No.
81/2025/QH15;
For the proper and uniform
application of the provisions of Articles 51 and 52 of the Criminal Code No.
100/2015/QH13, as amended by Law No. 12/2017/QH14, Law No. 59/2024/QH15 and Law
No. 86/2025/QH15;
After obtaining opinions from
the Chief Procurator of the Supreme People’s Procuracy and the Minister of
Justice;
The Council of Judges of the
Supreme People’s Court hereby issues this Resolution to provide guidance on the
application of mitigating circumstances and aggravating circumstances of penal
liability prescribed in Articles 51 and 52 of the Criminal Code.
Article 1.
Scope
This Resolution provides guidance
on the application of mitigating circumstances and aggravating circumstances of
penal liability prescribed in Articles 51 and 52 of the Criminal Code No.
100/2015/QH13, as amended by Law No. 12/2017/QH14, Law No. 59/2024/QH15 and Law
No. 86/2025/QH15 (hereinafter referred to as the Criminal Code).
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1. “The offender has prevented
or reduced the harm caused by the crime” as prescribed in Point a Clause 1
Article 51 of the Criminal Code falls into one of the following cases:
a) “Prevention of the harm
caused by the crime” means that the crime has been committed, and the
offender, by himself/herself or under external influence, has used all possible
means to prevent the harm of the crime from occurring;
b) “Reduction of the harm caused
by the crime” means that the crime has been committed, the harm is ongoing,
and the offender, by himself/herself or under external influence, has used all
possible means to prevent further harm or greater harm from occurring.
When applying this mitigating
circumstance, the extent of mitigation of penal liability depends on the offender’s
attitude (whether by himself/herself or under the influence of others or
objective factors) and the actual extent to which the harm caused by the crime
has been prevented or reduced.
Example: Immediately after causing
a traffic accident, Nguyen Van A promptly took the victim to emergency care,
thereby reducing the victim’s bodily injury rate. In this case, Nguyen Van A is
entitled to the mitigating circumstance prescribed in Point a Clause 1 Article
51 of the Criminal Code.
2. “The offender voluntarily
repairs, compensates for the damage, or remedies the consequences” as
prescribed in Point b Clause 1 Article 51 of the Criminal Code falls into one
of the following cases:
a) The offender, by himself/herself
or with his/her consent, allows his/her parents or others (spouse, children,
siblings, friends, etc.) to repair, compensate for the damage, or remedy the
consequences caused by the offender’s criminal act;
b) The offender is not obliged to
repair, compensate for the damage, or remedy the consequences caused by his/her
criminal act (for example, where compensation for damage is the responsibility
of the owner of a source of extreme danger or the civil liability of other
defendants in the same case), but has voluntarily used his/her money or
property, or consented for his/her parents or others (spouse, children,
siblings, friends, etc.) to repair, compensate for the damage, or remedy the
consequences caused by the offender’s criminal act;
c) The offender voluntarily or with
his/her consent allows his/her parents or others (spouse, children, siblings,
friends, etc.) to use money or property to repair, compensate for the damage,
or remedy the consequences caused by the offender’s criminal act, but the
victim, civil plaintiff or their lawful representative refuses to accept it,
and such money or property has been handed over to the procedure-conducting
body, judgment enforcement body or another competent authority for management
to perform the repair, compensation, or remedy;
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When applying this mitigating
circumstance, the extent of mitigation of penal liability depends on the
offender’s initiative and positivity in repairing, compensating for the damage,
or remedying the consequences, as well as the effectiveness and extent of such
repair, compensation, or remedy.
3. “Committing the crime in a
case of exceeding the limit of justifiable defense” as prescribed in Point
c Clause 1 Article 51 of the Criminal Code refers to the case in which the
offender, in order to protect the legitimate rights and interests of
himself/herself, another person, or the interests of the State, agencies or
organizations, performs a counter-attack that is clearly excessive and
disproportionate to the nature and extent of the social danger of the
infringing act.
An act of counter-attack clearly
exceeding the necessary limit refers to a disproportionate counter-attack,
showing a significant disparity compared with the nature and extent of the
social danger of the infringing act. To determine whether the counter-attack
“clearly exceeds the necessary limit” or not, it is necessary to make an
objective, comprehensive and adequate assessment of the circumstances and facts
related to the infringing act and the counter-attack, such as: the object to be
protected; the extent of harm that the infringing act may cause; the weapon,
means, and method used; the personal characteristics of the offender; the
relative strength, intensity, and extent of the infringing act and the
defensive act; the context, circumstances, and location where the incident
occurred, etc.
Example: Pham Van T threatened with
a knife and punched Nguyen Van A in the face. To protect himself, A wrestled
with T, seized the knife and threw it into the river. When T ran away, A
continued to chase and repeatedly struck T with a stone, causing a bodily
injury rate of 25%. A’s act of inflicting injury clearly exceeded the limit of
justifiable defense. In this case, Nguyen Van A shall be entitled to the
mitigating circumstance prescribed in Point c Clause 1 Article 51 of the
Criminal Code.
4. “Committing the crime in a
case of exceeding the requirement of urgent circumstances” as prescribed in
Point d Clause 1 Article 51 of the Criminal Code refers to the case where the
offender, in order to avoid causing harm to his/her own lawful rights and
interests, those of others, or the interests of the State, agencies or
organizations, has no other way but to cause lesser harm than the harm to be
prevented, but the actual harm caused is clearly excessive compared with the
requirement of the urgent circumstance (the actual harm caused is equal to or
greater than the harm to be prevented).
Example: When a fire broke out at a
shop, although the fire had been brought under control, it still generated a
large amount of smoke. Nguyen Van A, an employee, believed that the fire would
spread to the garage, so he broke the door and wall to retrieve his motorbike
worth 20,000,000 dong. His act caused actual damage of 100,000,000 dong, which
was greater than the damage to be prevented; therefore, A’s act exceeded the
requirement of the urgent circumstance. In this case, Nguyen Van A shall be
entitled to the mitigating circumstance prescribed in Point d Clause 1 Article
51 of the Criminal Code.
5. “Committing the crime in a
case of exceeding the necessary limit when arresting an offender” as
prescribed in Point dd Clause 1 Article 51 of the Criminal Code refers to the
case where, in order to arrest a person committing a crime, the offender has no
other option but to use necessary force that causes harm to the person being
arrested, but actually uses force clearly exceeding the necessary limit,
thereby causing harm to such person.
Example: Nguyen Van A caught Nguyen
Van B committing a robbery by snatching a passerby’s handbag. Although B had
already been subdued, A continued to kick and strike him repeatedly despite
being stopped by others. As a result, B suffered broken legs and arms, with a
bodily injury rate of 65%. A’s act clearly exceeded the necessary limit when
arresting an offender. In this case, Nguyen Van A shall be entitled to the
mitigating circumstance prescribed in Point dd Clause 1 Article 51 of the
Criminal Code.
6. “Committing the crime under
mental provocation caused by the victim’s unlawful act” as prescribed in
Point e Clause 1 Article 51 of the Criminal Code falls into one of the
following cases:
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b) Where the victim’s unlawful act
is of a relatively severe, oppressive and repetitive nature, the provocation
smoldered and lasted for a long time, and at a certain point, the victim’s
unlawful act recurred, causing the offender to lose self-control and commit the
crime. In this case, if the act is considered separately, it is not deemed
provocation, but considering the entire development of the event, it shall be
regarded as strong or very strong provocation, and the offender may be entitled
to mitigation of penal liability.
When applying this mitigating
circumstance, the extent of mitigation of penal liability shall also be based
on the fault and seriousness of the victim’s unlawful act and the causal
relationship between such unlawful act and the offender’s mentally provoked
state.
This mitigating circumstance shall
be applied only when the victim is the person who committed the unlawful act,
and such unlawful act infringed upon the lawful rights and interests of the
offender or of his/her relatives. If the victim’s unlawful act does not
infringe upon the lawful rights and interests of the offender or his/her
relatives but still causes the offender to become mentally provoked, it shall
not serve as a ground for mitigation of penal liability under Point e Clause 1
Article 51 of the Criminal Code.
Example: Nguyen Van A frequently
drank alcohol, beat and verbally abused his wife and children, and destroyed
household property. On September 1, 2025, A continued to smash household items
and assault his wife and his son, Nguyen Van B. Losing self-control, B struck A
multiple times on the head with a wooden stick, resulting in a bodily injury
rate of 65%. In this case, Nguyen Van B shall be entitled to the mitigating
circumstance prescribed in Point e Clause 1 Article 51 of the Criminal Code.
7. “Committing the crime under
particularly difficult circumstances not self-caused” as prescribed in
Point g Clause 1 Article 51 of the Criminal Code refers to the case where the
offender commits the crime due to particularly difficult circumstances, and
such particularly difficult circumstances are not self-caused but arise from
others or objective causes (such as natural disasters, war, fire, accidents,
serious illness, force majeure events leading to destitution or lack of
essential property, etc.). This mitigating circumstance shall apply only when
both of the following conditions are met: “the crime is committed due to
particularly difficult circumstances” and “the particularly difficult
circumstances are not self-caused.”
When applying this mitigating
circumstance, the extent of mitigation of penal liability shall depend on the
severity and nature of the difficulty and the offender’s ability to overcome
it.
Example: Nguyen Van A’s family is
classified as poor; his wife is paralyzed on one side, and he has no stable
income. When their small child suffered a life-threatening accident requiring
emergency treatment, the family had no money and could not borrow from anyone.
A therefore stole a motorbike, sold it for 20,000,000 dong, and used the money
to pay for his child’s medical treatment. In this case, Nguyen Van A shall be
entitled to the mitigating circumstance prescribed in Point g Clause 1 Article
51 of the Criminal Code.
8. “Committing the crime but
causing no damage or only minor damage” as prescribed in Point h Clause 1
Article 51 of the Criminal Code falls into one of the following cases:
a) Committing the crime but causing
no damage means that the crime has been committed, but no actual (material or
non-material) damage occurred. When considering this mitigating circumstance,
it is necessary to distinguish it from the case of an incomplete crime
prescribed in Article 15 of the Criminal Code.
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Example 2: Nguyen Van A broke into
another person’s house to steal a motorbike worth 20,000,000 dong but was
caught by the homeowner while trying to unlock the bike. In this case, Nguyen
Van A committed the crime of theft of property in the form of an incomplete
crime and shall not be entitled to the mitigating circumstance prescribed in Point
h Clause 1 Article 51 of the Criminal Code.
b) Committing the crime but causing
only minor damage means that the crime has been committed and actual damage
occurred, but such damage is insignificant compared with the normal level of damage
typically caused by that crime. The determination of whether the damage is
minor or not must be based on the value of the material damage and the impact
of the non-material damage on the owner and society. For material damage,
assessment shall be based on the monetary value of the loss, compared with the
monetary thresholds specified in the constituent elements of the corresponding
crimes. For non-material damage, assessment shall consider the extent of the
crime’s impact on the victim’s psychology, mental health, reputation, honor,
and dignity, as well as its influence on public opinion, social life, and the
community.
9. “Committing the crime for the
first time and in a less serious case” as prescribed in Point i Clause 1
Article 51 of the Criminal Code applies where both of the following conditions
are met:
a) Committing the crime for the
first time means that the offender has never previously committed any crime; or
previously committed a crime but was exempted from penal liability; or
previously committed a crime and was subject to the judicial measure of
education at a reformatory school; or is considered to have no previous
conviction; or was previously convicted but has had the conviction expunged;
b) Committing the crime in a less
serious case means that the offender’s criminal act is of a minor nature and
degree of social danger, with the highest level of the applicable penalty being
a fine, non-custodial reform, or imprisonment of up to 3 years; or where the
offender plays an insignificant, secondary role in a case involving a serious,
very serious, or especially serious crime.
The court shall apply the
mitigating circumstance prescribed in Point i Clause 1 Article 51 of the
Criminal Code only when both conditions: “committing the crime for the first
time” and “in a less serious case” are satisfied. If the defendant commits a
crime for the first time but the offense is not classified as less serious, or
conversely, if the offense is classified as less serious but it is not the
defendant’s first offense, the mitigating circumstance prescribed at Point i
Clause 1 Article 51 of the Criminal Code shall not be applied. If the defendant
committed a criminal act for which the statute of limitations for criminal
prosecution has expired, has not yet been convicted, or the statute of
limitations for criminal prosecution has not yet expired but is prosecuted for
a subsequent offense, this mitigating circumstance shall not be applied.
Example: Nguyen Van A has never
committed any crime and is now prosecuted for the crime of indecent acts
against a person under 16 years of age as prescribed in Clause 1 Article 146 of
the Criminal Code (a less serious crime). In this case, Nguyen Van A shall be
entitled to the mitigating circumstance prescribed in Point i Clause 1 Article
51 of the Criminal Code.
10. “Committing the crime due to
threats or coercion by another person” as prescribed in Point k Clause 1
Article 51 of the Criminal Code refers to one of the following cases:
a) “Being threatened by another
person” means being threatened with punishment for disobeying that person’s
will, creating in the offender a fear of possible consequences, and in order to
avoid such consequences, the offender commits the crime;
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When applying this mitigating
circumstance, the extent of mitigation of penal liability depends on the nature
and degree of the offender’s act and the act of threat or coercion against the
offender.
Example: Le Tan Y, a creditor,
frequently assaulted and threatened to kill Nguyen Van A and his wife if they
did not repay a debt on behalf of A’s mother, Dinh Thi K. On August 1, 2025, A
and several others met Y to negotiate repayment, leading to a scuffle in which
Y sustained a bodily injury rate of 30%. In this case, Nguyen Van A shall be
entitled to the mitigating circumstance prescribed in Point k Clause 1 Article 51
of the Criminal Code.
11. “Committing the crime while
having limited cognitive capacity not caused by one’s own fault” as
prescribed in Point l Clause 1 Article 51 of the Criminal Code refers to the
case in which the offender commits the crime while having limited cognitive
capacity, being insufficiently conscious to fully perceive the danger and
consequences of his/her act. The offender’s limited cognitive capacity is
caused by external, objective factors (such as being coerced or deceived into
using strong stimulants, etc.), not by the offender’s own fault.
When applying this mitigating
circumstance, the extent of mitigation of penal liability depends on the nature
and extent of the offender’s limited cognitive capacity and the circumstances,
causes, and objective factors affecting the offender’s cognition.
Example: Nguyen Van A knew that
Pham Van B would lose self-control if he drank alcohol. A poured alcohol into a
soft drink can for B to drink. After realizing he had drunk alcohol, B became
angry and went home. On the way, seeing Ta Thi C, B attacked her, causing a
bodily injury rate of 30%. A forensic psychiatric examination concluded that,
at the time of committing the crime, B suffered from an acute psychotic state
due to alcohol (pathological intoxication). In this case, Pham Van B shall be
entitled to the mitigating circumstance prescribed in Point l Clause 1 Article
51 of the Criminal Code.
12. “Committing the crime due to
backwardness” as prescribed in Point m Clause 1 Article 51 of the Criminal Code
refers to the case in which the crime is committed due to low awareness or poor
educational level, resulting in a failure to fully recognize the seriousness of
one’s act, or due to being unable to keep up with the progress and development
of society. This mitigating circumstance shall apply only when “such
backwardness” results from objective causes (such as social living conditions
leading to ignorance or poor knowledge of the law, lack of education, or no
practical means to distinguish right from wrong in life, etc.).
Example: Sung Van A, an ethnic
minority person living in a socio-economically disadvantaged area where the
custom of early bride abduction still exists, abducted Vang Thi B, aged 14, to
be his wife without her consent, leading to her giving birth at age 15. In this
case, Sung Van A shall be entitled to the mitigating circumstance prescribed in
Point m Clause 1 Article 51 of the Criminal Code.
13. “The offender is a pregnant
woman” and “The offender is 70 years of age or older” as prescribed in Points n
and o Clause 1 Article 51 of the Criminal Code refer to cases where the
offender is a pregnant woman or is 70 years of age or older at the time of
committing the crime or during criminal prosecution. The determination that the
offender is a pregnant woman or is 70 years of age or older must be based on
conclusions of competent specialized authorities or other lawful documents.
14. “The offender is a person
with severe or especially severe disability” as prescribed in Point p
Clause 1 Article 51 of the Criminal Code refers to cases where the offender is
a person with severe or especially severe disability at the time of committing
the crime or during criminal prosecution, and falls into one of the following
cases:
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b) A person with especially severe
disability is someone who, due to disability, loses total bodily function,
cannot control or perform personal activities, and constantly requires care and
supervision; also considered a person with especially severe disability if
unable to self-care or suffering from working capacity reduction of 81% or
more.
Persons with severe or especially
severe disabilities shall be determined in accordance with the Law on Persons
with Disabilities and other relevant laws. The Court shall rely on the
conclusions of competent medical authorities, forensic assessment, or
certification of competent agencies to determine whether the offender is a
person with severe or especially severe disability.
When applying this mitigating
circumstance, the extent of mitigation of penal liability depends on the degree
of the offender’s severe or especially severe disability.
Example: On March 20, 2025, Nguyen
Van A committed a robbery, taking a mobile phone worth 20,000,000 dong from
Nguyen Van S. On May 24, 2025, A was involved in a traffic accident, resulting
in the amputation of his right leg, and was issued a Certificate of Disability
confirming severe disability due to a 65% working capacity reduction. In this
case, Nguyen Van A shall be entitled to the mitigating circumstance prescribed
in Point p Clause 1 Article 51 of the Criminal Code.
15. “The offender is a person
with an illness limiting cognitive capacity or self-control” as prescribed
in Point q Clause 1 Article 51 of the Criminal Code falls into one of the
following cases:
a) The offender suffers from a
disease that limits his/her ability to perceive or control his/her behavior;
b) The offender has an illness
causing him/her to be unable to control behavior according to his/her will
(limiting physical movement) even though he/she is aware that his/her behavior
is dangerous to society and its consequences.
This mitigating circumstance shall
apply only when the offender has a disease that is medically concluded to have
caused the limitation of cognitive capacity or self-control.
Example: Nguyen Van A intentionally
caused injury to Nguyen Thi B. A’s forensic psychiatric assessment concluded
that, at the time of committing the crime, A had limited cognitive capacity and
lacked self-control due to mental disorder and moderate intellectual
disability. In this case, Nguyen Van A shall be entitled to the mitigating
circumstance prescribed in Point q Clause 1 Article 51 of the Criminal Code.
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Example: Immediately after
committing a traffic accident resulting in death, Nguyen Van A went to the commune-level
police office to surrender himself and report his criminal act. In this case,
Nguyen Van A shall be entitled to the mitigating circumstance prescribed in
Point r Clause 1 Article 51 of the Criminal Code.
17. “The offender makes an honest
confession and shows repentance” as prescribed in Point s Clause 1 Article 51
of the Criminal Code falls into one of the following cases:
a) Making an honest confession
means that the offender truthfully, accurately, and clearly confesses all of
his/her criminal acts;
b) Showing repentance means that
the offender feels remorse and regret for his/her wrongdoing, wishes to have
the opportunity to correct it, reform, and make amends for the losses and
damage caused by his/her criminal act.
“Honest confession” and “repentance”
are not two separate mitigating circumstances. If the offender both makes an
honest confession and shows repentance, they shall be considered as one
mitigating circumstance prescribed in Clause 1 Article 51 of the Criminal Code.
If the offender is caught
red-handed but later truthfully confesses his/her criminal act in a manner
consistent with the evidence and documents in the case file, the mitigating
circumstance of honest confession shall apply. If, after being arrested, the
offender is evasive, denies the offense, or makes false statements about the
case, and only admits their criminal act after the procedure-conducting
authorities have fully proved their offense, this mitigating circumstance of
criminal liability shall not be applied.
In cases where the offender was
initially evasive, denied the offense, or made false statements, but later made
a full and truthful confession of the circumstances of the crime, the
mitigating circumstance of showing honest declaration shall still be applied to
them; however, the degree of mitigation of criminal liability in this case
cannot be equivalent to that in which the offender made a full and truthful
declaration from the outset.
18. “The offender actively
cooperates with competent authorities in detecting the crime or during the
settlement of the case” as prescribed in Point t Clause 1 Article 51 of the
Criminal Code refers to the case in which, after committing the crime, the
offender actively assists the competent procedure-conducting authorities in ways
that create changes or developments facilitating the detection, investigation,
or resolution of the case more promptly.
Active cooperation with competent
authorities in detecting the crime or during the settlement of the case may be
shown through providing information, documents, or objects of substantial value
to the detection, investigation, or settlement of the case; indicating the
hiding place of exhibits, instruments, or means used for committing the crime;
or providing information about or location of co-offenders in hiding.
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Example: Nguyen Van A provided
information to the investigating agency about the criminal act and the hiding
place of Pham Van B, enabling the investigation agency to arrest B, a
co-offender in the case. In this case, Nguyen Van A shall be entitled to the
mitigating circumstance prescribed in Point t Clause 1 Article 51 of the
Criminal Code.
19. “The offender has rendered
meritorious service to atone for the crime” as prescribed in Point u Clause
1 Article 51 of the Criminal Code refers to the case where, from the time of
committing the crime until before the trial (first-instance, appellate,
cassation, or reopening), the offender performs one of the following acts,
recognized or commended by competent authorities:
a) Assisting procedure-conducting
bodies in detecting, preventing, or apprehending other criminals unrelated to
the crime for which he/she is prosecuted;
b) Performing self-sacrificing acts
for the interests of the State, the collective, or the legitimate rights and
interests of others, or making other notable contributions to make amends for
the crime, such as saving another person in danger or rescuing valuable
property of the State, collectives, or individuals in natural disasters, fires,
epidemics, accidents, or other force majeure events.
Example: During the investigation,
Nguyen Van A helped functional forces control a fire and rescued four people
trapped inside. The President of the commune-level People’s Committee awarded A
a certificate of merit. In this case, Nguyen Van A shall be entitled to the
mitigating circumstance prescribed in Point u Clause 1 Article 51 of the
Criminal Code.
20. “The offender has
outstanding achievements in production, combat, study or work” as
prescribed in Point v Clause 1 Article 51 of the Criminal Code falls into one
of the following cases:
a) The offender has been awarded
orders, medals, State honorary titles, the Ho Chi Minh Prize, the State Prize,
certificates of merit, the Creative Labor Certificate, or has made significant
inventions or innovations, or has been recognized as an emulation soldier in
accordance with the law on emulation and commendation;
b) The offender has been awarded a
Commemorative Medal for contributions to the development of a ministry, sector,
province, or organization in accordance with the law on emulation and
commendation;
c) Other forms of commendation for
outstanding achievements in production, combat, study, or work as prescribed by
the law on emulation and commendation.
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21. “The offender is a person
with meritorious service to the revolution or the father, mother, spouse, or
child of a martyr” as prescribed in Point x Clause 1 Article 51 of the
Criminal Code falls into one of the following cases:
a) The offender is a person with
meritorious service to the revolution as prescribed in Clause 1 Article 3 of
Ordinance No. 02/2020/UBTVQH14 dated December 9, 2020, on preferential
treatment for persons with meritorious service to the revolution;
b) The offender is the father,
mother, spouse, or child of a martyr.
If the offender is the spouse of a
martyr who has remarried but still worships the martyr, this mitigating
circumstance shall also apply.
If the offender has rendered care
or raised a martyr, or has cared for or raised the martyr’s father, mother,
spouse, or child (including cases where such persons have died), the offender
shall also be entitled to this mitigating circumstance as the father, mother,
spouse, or child of a martyr prescribed in Point x Clause 1 Article 51 of the
Criminal Code.
If the offender is both a person
with meritorious service to the revolution and the father, mother, spouse, or
child of a martyr, he/she shall be entitled to two mitigating circumstances
prescribed in Clause 1 Article 51 of the Criminal Code.
Article 3. On
mitigating circumstances of penal liability prescribed in Clause 2 Article 51
of the Criminal Code
The following circumstances may be
considered mitigating circumstances under Clause 2 Article 51 of the Criminal
Code:
1. An offender who surrenders
themself is a case in which, after the crime or the offender has been detected,
the offender voluntarily turns themself in and makes a statement to the
competent authority about their criminal act.
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3. The crime is committed while
performing urgent duties such as storm or flood response, emergency rescue, or
epidemic prevention;
4. The offender participated in the
national resistance or in activities for national liberation, defense of the
Fatherland, or fulfillment of international obligations, as certified by
competent authorities, but has not yet been awarded orders or medals due to
objective reasons;
5. The offender has a mother or
grandmother conferred the title “Vietnamese Heroic Mother,” or has a father,
mother, grandfather, or grandmother conferred the title “Labor Hero” or
“People’s Armed Forces Hero”;
6. The offender’s father or mother
has been awarded multiple certificates or commendations for outstanding
achievements in work;
7. The victim or the victim’s
representative requests leniency for the offender in cases where the crime
caused only health damage or property loss;
8. The victim is also at fault, or
the damage was partly caused by a third party;
9. The offender has three or more
children under 15 years old, or has a child with severe or especially severe
disability, or a child with a life-threatening illness, while his/her spouse is
unemployed and the family’s hardship is certified by local authorities;
10. The Court may consider other
circumstances as mitigating circumstances under Clause 2 Article 51 of the
Criminal Code but must clearly state the reasons for such mitigation in the
judgment. The application of other mitigating circumstances shall be carefully
and strictly considered depending on the nature and specific characteristics of
each case.
Article 4. On
aggravating circumstances of penal liability prescribed in Article 52 of the
Criminal Code
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Where the crime is determined to be
organized, this aggravating circumstance shall apply to all accomplices
(organizers, executors, instigators, and aiders).
When applying this aggravating
circumstance, the extent of aggravation of penal liability depends on the size
of the organization and each person’s role in committing the crime.
2. “Committing the crime in a
professional manner” as prescribed in Point b Clause 1 Article 52 of the
Criminal Code refers to the case in which the offender commits the criminal act
five or more times (regardless of whether he/she has been prosecuted for penal
liability or not, as long as the statute of limitations for prosecution has not
expired or the conviction has not been expunged), and the offender uses the
illicit gains from committing the crime as a source of income.
Example: Dang Hong H, unemployed
and idle, often indulged in gambling and entertainment, leading to debts. From
October 2023 to September 2024, H committed ten thefts (each valued at
10,000,000 dong or more), with a total stolen property value of 500,000,000
dong. In this case, Dang Hong H shall be subject to the aggravating
circumstance prescribed in Point b Clause 1 Article 52 of the Criminal Code.
3. “Abusing position or power to
commit the crime” as prescribed in Point c Clause 1 Article 52 of the Criminal
Code refers to the case where a person holding a position or power
intentionally commits wrongful acts, omits required acts, or performs acts
contrary to law by taking advantage of his/her position or power.
Example: Nguyen Van A, an
investigator of the Police Investigation Agency of Province D, abused his
position and used the agency’s seal to forge a certificate falsely identifying
Nguyen Van B (a suspect in another case not under A’s charge) as a person who
had contributed to detecting a new crime. In this case, Nguyen Van A shall be
subject to the aggravating circumstance prescribed in Point c Clause 1 Article
52 of the Criminal Code.
4. “Committing the crime in a
gangster-like nature” as prescribed in Point d Clause 1 Article 52 of the
Criminal Code refers to the case where the offender shows contempt for the law,
frequently disturbs public order, readily uses violence, and behaves
aggressively with blatant disregard for the lives and health of others -whether
without reason, impulsively, or over trivial matters - and is willing to use
violence or habitually intimidate others into submission.
Example: Nguyen Van A rode a
motorcycle and loudly revved the exhaust on the street. At that time, Nguyen
Van B was also riding another motorcycle; annoyed by the loud revving, B sped
ahead to block A’s path and stabbed A in the right chest and left hip with a
knife, causing a bodily injury rate of 60%. In this case, Nguyen Van B shall be
subject to the aggravating circumstance prescribed in Point d Clause 1 Article
52 of the Criminal Code.
5. “Committing the crime with a
vile motive” as prescribed in Point dd Clause 1 Article 52 of the Criminal
Code refers to cases where the offender commits the crime to take revenge or to
evade his/her own responsibility; commits the crime against a person to whom
he/she is indebted with gratitude; or other criminal acts showing ingratitude
or treachery.
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6. “Deliberately carrying the
crime through to the end” as prescribed in Point e Clause 1 Article 52 of
the Criminal Code refers to the case where the offender is determined to
realize his/her criminal intent and commit the crime despite others’
interventions or other obstacles arising during the commission of the crime.
This aggravating circumstance may also apply where the offender fails to
achieve the intended purpose but it can be proved that he/she did everything
possible to commit the crime or to attain the criminal purpose. Where the
offender hesitates and does not resolutely carry out the crime, this
circumstance shall not apply.
Example: Nguyen Van A and Pham Van
B had a traffic-related quarrel that escalated into a scuffle. A stabbed B in
the back with a knife. Although B fought back and escaped, A continued to chase
and repeatedly stabbed B in the abdomen and chest, causing B’s death. In this
case, Nguyen Van A shall be subject to the aggravating circumstance prescribed
in Point e Clause 1 Article 52 of the Criminal Code.
7. “Committing the crime 2 times
or more” as prescribed in Point g Clause 1 Article 52 of the Criminal Code
refers to the case where the offender has committed the same crime from 2 times
or more, each time fully constituting the crime, but has not been prosecuted
for penal liability for any of those times and the statute of limitations for
prosecution has not expired.
Example: In January 2025, Nguyen
Van A stole three motorbikes from residents, with the value of property taken
each time exceeding 2,000,000 dong; the total value appropriated was 60,000,000
dong, but A had not been prosecuted for any of those thefts. In this case,
Nguyen Van A shall be subject to the aggravating circumstance prescribed in
Point g Clause 1 Article 52 of the Criminal Code.
8. “Recidivism or dangerous
recidivism” as prescribed in Point h Clause 1 Article 52 of the Criminal
Code refers to the cases of recidivism defined in Article 53 of the Criminal
Code.
Example: In June 2024, Nguyen Van A
was sentenced to 6 months’ imprisonment for theft of property (and completed
serving the sentence). In October 2025, A again stole a motorbike worth
20,000,000 dong. In this case, Nguyen Van A shall be subject to the aggravating
circumstance prescribed in Point h Clause 1 Article 52 of the Criminal Code.
9. “Committing the crime against
a person under 16 years of age, a pregnant woman, or a person who is 70 years
of age or older” as prescribed in Point i Clause 1 Article 52 of the
Criminal Code applies only to crimes committed with fault of intent, regardless
of whether, at the time of committing the act, the offender was subjectively
aware that the victim was under 16, pregnant, or 70 years of age or older.
10. “Committing the crime
against a person who is unable to defend himself/herself, a person with severe
or especially severe disability, a person with limited cognitive capacity, or a
person who is dependent on the offender financially, mentally, at work, or
otherwise” as prescribed in Point k Clause 1 Article 52 of the Criminal
Code refers to committing the crime against a person falling into one of the
following cases:
a) “A person who is unable to
defend himself/herself” means a person who has lost or has limited ability
to perceive or control his/her acts; is ill; or is in another situation in which
he/she cannot resist or protect himself/herself (being fast asleep, in a coma,
unconscious, being tied up, etc.);
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c) “A person who is dependent
financially, mentally, at work, or otherwise” means a person who has a
relationship with the offender and is dependent on the offender in terms of
finances, mental aspects, work, religion, belief, or other aspects.
Example: Taking advantage of the
fact that Ms. Pham Thi H was fast asleep due to sleeping pills and thus unable
to defend herself, Nguyen Van A committed rape against Ms. H. In this case,
Nguyen Van A shall be subject to the aggravating circumstance prescribed in
Point k Clause 1 Article 52 of the Criminal Code.
11. “Abusing circumstances of
war, state of emergency, natural disasters, epidemics, or other particularly
difficult social circumstances to commit the crime” as prescribed in Point
l Clause 1 Article 52 of the Criminal Code refers to cases where the offender
exploits circumstances of war; a state of emergency (such as armed riots, mass
migration, food crises, etc.); natural disasters; epidemics; or other particularly
difficult social circumstances (such as earthquakes, tsunamis, storms and
floods, droughts, fires, pandemics, etc.) to commit the crime. It is not
required that, at the time of committing the crime, war, a state of emergency,
a natural disaster, an epidemic, or other particularly difficult circumstance
is actually occurring.
Example: Taking advantage of
residents’ urgent evacuation to avoid storms and floods, Nguyen Van A stole a
motorbike worth 20,000,000 dong. In this case, Nguyen Van A shall be subject to
the aggravating circumstance prescribed in Point l Clause 1 Article 52 of the
Criminal Code.
12. “Using sophisticated,
deceitful, or cruel tricks to commit the crime” as prescribed in Point m
Clause 1 Article 52 of the Criminal Code refers to one of the following cases:
a) Using sophisticated tricks to
commit the crime means that, when committing the crime, the offender uses
skillful, complex, and covert methods to conceal the criminal act, making it
difficult for the victim or others to detect;
b) Using deceitful tricks to commit
the crime means that the offender uses highly deceptive and fraudulent tricks,
employs high technology to commit the criminal act, conceal the crime, shift
blame to others, or destroy evidence to hinder detection, investigation, and
handling of the crime;
c) Using cruel tricks to commit the
crime means that, when committing the crime, the offender uses malicious,
ruthless, and barbaric methods that cause physical or mental suffering to the
victim or the victim’s relatives.
Example: Nguyen Van A organized a
large-scale online gambling ring, built a complex technological system, and
created a highly secure website that was difficult to detect. A used multiple
bank accounts and had relatives open accounts to receive and transfer funds
from the gambling operation, thereby concealing the illicit origin of criminal
proceeds. In this case, Nguyen Van A shall be subject to the aggravating
circumstance prescribed in Point m Clause 1 Article 52 of the Criminal Code.
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Example: Poisoning a water source
or food in a collective kitchen; using flammable substances to set fire to a
factory with many workers present; throwing bombs or mines into a place with
many passers-by; driving a car and crashing into a crowded area; etc.
14. “Inciting a person under 18
years of age to commit the crime” as prescribed in Point o Clause 1 Article
52 of the Criminal Code refers to the case where both of the following
conditions are met:
a) The offender is an adult;
b) The offender clearly knows that
the person incited to commit the crime is under 18 years of age.
15. “Having deceitful or
aggressive acts to evade or conceal the crime” as prescribed in Point p
Clause 1 Article 52 of the Criminal Code refers to malicious, cunning, or
violent acts such as destroying property, attacking, or killing others in order
to escape, evade detection, or conceal the crime.
Example: After causing a traffic
accident, Nguyen Van A abandoned the victim at the scene and drove the vehicle
to a garage for repair to erase traces of the collision. A then returned to the
scene, collected all fragments of the car to conceal his criminal act, and
staged a false scene to mislead the investigation. In this case, Nguyen Van A
shall be subject to the aggravating circumstance prescribed in Point p Clause 1
Article 52 of the Criminal Code.
Article 5.
Application of mitigating and aggravating circumstances of penal liability in
certain cases
1. Where the penalty is decided
below the minimum level of the applicable penalty frame under Clause 1 Article
54 of the Criminal Code, the number of mitigating circumstances must exceed the
number of aggravating circumstances by at least two, and among them, there must
be at least two mitigating circumstances prescribed in Clause 1 Article 51 of
the Criminal Code.
2. Where the offender has multiple
aggravating circumstances, including a circumstance that serves both as a
qualifying circumstance and as an aggravating circumstance, the application
shall be as follows:
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b) If the qualifying circumstance
concurrently constitutes an aggravating circumstance under Clause 1 Article 52
of the Criminal Code and belongs to the same penalty frame of the provision,
only one qualifying circumstance shall apply, and the remaining ones shall not
be considered aggravating circumstances;
c) Where the offender has multiple
qualifying circumstances, the Court shall, based on the nature and seriousness
of the crime, the offender’s personal record, the number of qualifying
circumstances, and the number of mitigating and aggravating circumstances,
determine the appropriate penalty.
3. In cases where the crime is
committed five or more times, and one or more of those acts have resulted in a
conviction that has not yet been expunged, depending on the specific case, the
offender may be subject to qualifying circumstances or aggravating
circumstances of “committing the crime two or more times,” “recidivism (or
dangerous recidivism),” and “professional nature.”
4. Where, upon arrest, the offender
not only honestly confesses to the act already detected by competent
authorities but also voluntarily reports previous crimes that have not yet been
detected, two mitigating circumstances shall apply: “honest confession” and
“voluntary surrender.”
5. Where the offender was
previously convicted of a very serious intentional crime or a particularly
serious crime and has not had the conviction expunged but commits two very
serious intentional crimes or particularly serious crimes again, the
circumstance of “dangerous recidivism” shall apply to both crimes. If the law
defines “dangerous recidivism” as a qualifying circumstance of the penalty
frame, it shall be applied as such; if the law does not define it as a
qualifying circumstance, it shall apply as an aggravating circumstance of penal
liability under Point h Clause 1 Article 52 of the Criminal Code.
Article 6.
Entry into force
1. This Resolution was adopted by the
Council of Justices of the Supreme People’s Court on September 30, 2025, and
comes into force as of November 15, 2025.
2. For offenders who were tried
before the effective date of this Resolution in accordance with previous guiding
documents and whose judgments have taken legal effect, this Resolution shall
not serve as a basis for protests under cassation or reopening procedures.
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