Introduction to Vietnamese

Legal System
Week 6 – Criminal Law 2015
Content
• Mandate & Effectiveness
• Concept & Classification of crimes
• Types of crimes
• Time-limit & Exemption of criminal liability
• Punishment
• Regulations on legal entities
• Regulations on Minors
Mandate
Article 1:

Protect Vietnam’s sovereignty & security; interests of state

Protect socialism regime, human rights & citizen rights
Protect equality among ethic groups
Organize & protect the law
Punish crimes; prevent & fight crimes
Raise people’s awareness of complying with the law
Effectiveness
Article 5&6:

• Inside: Applies to EVERY crimes committed within the territory of Vietnam

• Outside:

• Vietnamese citizens/legal entities commit crimes outside Vietnam which is defined by

this Law

• Any foreigner/foreign-owned legal entities commit crimes outside Vietnam IF such

offences infringe lawful rights & interests of Vietnamese citizens / interests of Socialist
Republic of Vietnam
Concept of Crimes

• Article 8: means an act that is dangerous for society – committed by

a person, intentionally or unintentionally, infringes:

• Sovereignty & territorial integrity of the nation

• Political regime
• Economic regime
• Culture
• Defense & security & social order and safety
• Lawful rights & interests of citizens & organizations
• Human rights & other aspects of socialist law
Administrative vs Criminal
• Administrative: Violation; Act at Fault  not serious
• Criminal: Crime; Dangerous at society  serious
Classification (Art.9)

4 categories according to their nature & danger to society:

1. Less serious crimes: danger to society is NOT significant – maximum punishment is a

fine/community sentence (non-custodial)/ 3-year imprisonment

2. Serious crimes: danger to society IS significant – maximum punishment: 3-7 years of

imprisonment

3. Very serious crimes: danger to society is GREAT – maximum punishment: 7-15 years of
imprisonment

4. Extremely serious crimes: danger to society is ENORMOUS – maximum punishment: 15-20

years of imprisonment/life imprisonment/death
Intentional / Unintentional (very
important)
Article 10 & 11:
1 question in midterm that asking about whether the case is intentional or unintentional
• Intentional:
1. offender IS AWARE of danger caused to society by his/her act (1), foresees consequences (2) of such act,
and WANTS such consequences to occur (3)  directly
2. Offender is aware of danger caused to society, foresees consequences, DOES NOT want such
consequences to occur BUT STILL deliberately LET THEM OCCUR  indirectly

• Unintentional:
1. Offender is aware of danger BUT BELIEVES that consequences would NOT occur or could be PREVENTED
 overconfidence
2. Offender is NOT AWARE of danger though consequences have to be foreseen & could be foreseen 
negligence

* Committing crime due to use of alcohol & drug? (Art.13)

Intentional/ Unintentional
• Intentional:
- Directly: example: people have the awareness of the knife and the
awareness that they can hurt another by the knife (1)  but someone
still use the knife to attack others (2) because they want (3)  this is
direct intentional
- Indirectly: I have all the awareness (1), I know that I can make
him/her hurt by the knife, I don’t want to kill him/her (3) but I hate
him/her so I still attack him/her (2).  (3) is the reason why it is
indirect intentional
Intentional/ Unintentional
• Unintentional:
- Overconfidence: People know the dangerous of fire, but they still use
fire to have bbq party  accidentally they cause wood fires
- Negligence: the criminal doesn’t know the danger (completely don’t
know about that)
+ Example: a man throw a screw for his friend but it accidentally pins to
his friend’s head and his friend die  a man is negligence being a
murder
Age being liable

Article 12:

• From 16 & over: shall bear criminal liability for every crime

• From 14 to <16: shall bear criminal liability for murder, intentionally

cause harm to body or health of others/ rape/ sexual abuse on
persons from 13 to <16/ robbery/ kidnapping for ransom/ other very
serious & extremely serious crimes
 Concept of Crimes
• Art.14: Preparing crimes

• Finding, preparing tools, equipment or other conditions for committing crimes/

establishing or joining groups of criminals

** Treason; Rebellion; Terrorism; Damaging technical facilities of the state; store &
spread information/materials on opposing the regime; murder; robbery; kidnapping
for ransom; money laundering, etc.

• Art.15: Incomplete crime: a crime that is not carried out to the end because
of reasons beyond the offender’s control
• Still being liable?
Concept of Crimes

• Art.17: Complicity
• Two-or-more people deliberately commit the same crime
• Organized crime
• An accomplice: organizer, implementer, instigator, abettor (helper)

** Accomplice shall NOT take criminal liability for UNJUSTIFIED FORCE used by
the implementer

• Art.18 & 19: Concealment of crimes & Misprision

Types of Crimes

• Offences against national security (Chapter 13)

• Offences against other person’s life, health, reputation, dignity
(Chapter 14)
• Offences against people’s rights to freedom & democracy
(Chapter 15)
• Offences against ownership (Chapter 16)
• Offences against marriage & family laws (Chapter 17)
• Offences against economic management (Chapter 18)
Types of Crimes

• Environmental offences (Chapter 19)

• Drug-related offences (Chapter 20)
• Offences against public order & safety (Chapter 21)
• Offences against administrative management order (Chapter 22)
• Offences using positions (corruption) (Chapter 23)
• Others…
Exemptions of criminal liability
• Art.20: unexpected events

• Art.21: lack of criminal capacity

• Art.22: Self-defense

• Art.23 : emergency

• Art.24: damages (body harm) while capturing criminals

• Art.25: accidents in research & experiments; application of technology

Time-limit

• Art.27: upon expiry – offender does NOT face any criminal

prosecution
• Less serious crimes: 5 years
• Serious crimes: 10 years
• Very serious crimes & extremely serious crimes: 20 years

• Non-application of time-limit for criminal prosecution (Art.28)

• Infringement of national security
• Damaging peace, crimes against humanity, war crimes
• Embezzlement; Acceptance of bribes
 Basis for exempting criminal liability

• Art.29(2c): offender confesses; contributes to crime discovery &

investigation; minimizes damages; has special contributions that are
recognized/acknowledged by the state & society

• Art.29(3): persons who commit less serious crimes/ serious crimes due to
UNINTENTIONAL damage to life/health/honour/etc. of others will be
criminally exempted if victim/ representative of victim voluntarily
reconciliate & request exemption of criminal liability for offender
Punishment

• Purpose of punishment (Article 31)

*** Not only for punishing people/legal entities that commit

criminal offences, BUT ALSO raising awareness of compliance with the
law; preventing them from committing other crimes; educate others;
preventing & fighting against crimes.
Punishment
• Types of punishment (Art.32)
• Warning
• Fine
• Mandatory supervision
• Prohibition from residence
• Non-custodial reform
• Expulsion
• Determinate imprisonment
• Life imprisonment
• Death sentence
• Etc.
Punishment

• Article 36: Non-custodial reform

• Less serious crimes/ serious crimes who have stable jobs or fixed residences & do not
have to be isolated from society: 6 months >>> 3 years

• Article 43: Mandatory supervision

* forcing a person sentenced to imprisonment to reside, work and live WITHIN a

DEFINED AREA under the supervision of the local authority & people

• During this period: cannot leave; some citizenship rights deprived of; is banned from
doing certain work
• Period: 1-5 years from the end of imprisonment
 Punishment

• Art.38: determinate imprisonment: forcing the convict to serve his/her

sentence in a detention facility over a certain period of time
• 03 months >>> 20 years

• Art.39: life imprisonment: infinite imprisonment imposed upon people

committing extremely serious crimes but not punishable by death

• Art.40: Death sentence: special punishment on extremely serious crimes

infringing national security, human life, drug-related crimes, corruption-
related crimes, & others defined by this law
Punishment

• Art.44: Deprivation of certain citizenship rights

• Art.45: Confiscation of property

>>> Confiscation and transfer of part of/ all of property under ownership of the
convict to state budget

*** Confiscation of property shall be carried out that the convict and his/her
family are still able to carry on their life
Basis for decision

• Article 50: consideration of the nature & danger of the crime to society;
record of offender, extenuating and aggravating factors

• Article 51: extenuating factors:

• Offender has prevented/reduced harm
• Offender pays damages/ relieves the consequences
• Self-defense; capturing criminals
• Offender was threatened/ coerced by others
• Offender turns himself/herself in
• Etc.
Basis for decision

• Article 52: aggravating factors:

• Organized crimes
• Committed in a professional manner
• Offender is determined to commit the crime TO THE END
• Offence has been committed MORE THAN ONCE
• Offender incites a person aged under 18 to commit the crime
• The crime is of a gangster-like nature
• Offender has deceitful/violent actions to CONCEAL the crime
Regulations on legal/commercial entities

• Art.74: Legal entities shall bear criminal liability according to this Law

• Art.75: Conditions – when all are satisfied:

1. The criminal offence is committed in the NAME of the legal entity
2. The criminal offence is committed in the INTERESTS of the legal entity
3. The criminal offence is UNDER INSTRUCTIONS or APPROVAL of the legal entity
4. Time-limit for criminal prosecution specified in Clause 2 & 3 of Art.27 has NOT
EXPIRED

* The fact that legal entity has criminal liability does NOT exempt criminal liability
of INDIVIDUALS
Regulations on legal/commercial entities
Punishment:

• Art.77: Fines

• Art.78: Suspension of operation

• Art.79: Permanent shutdown (closing/termination)

• Art.80: Prohibition from operating in certain fields

• Art.81: Prohibition in raising capital

 On Minors

• Art.90: A person aged from FULL 14 >>> under 18 who commits criminal offence shall take
criminal liability in accordance to this Law

• Art.91: Principles:
• For the purpose of education
• Depending on their ages, awareness of their criminal acts, reasons, & circumstances in which criminal
offences are committed

* Cases when minor offenders who commit criminal offences has more than one extenuating
factors + voluntarily repairs most of damages may be exempted from criminal liability: Art.91(2)

** Life imprisonment & death sentence shall NOT be imposed upon minors
Measures in cases of exemption of
criminal liability on minors
• Art.93: Reprimand

• Art.94: Conciliation
• The investing agency, Procuracy, or the Court shall cooperate with the People’s
Committee at commune level to organize reconciliation when the victim/ legal rep. of
victim VOLUNTARILY accepts conciliation and REQUESTs exemption of criminal liability
for the criminal

• Art.95: compulsory educational measures at commune

• Art.96: education at reformatory institutions

Punishment forms on minors

• Article 98:

• Warning
• Fine
• Non-custodial reform
• Imprisonment
Next
• Civil Law 2015