Consolidated text 01/VBHN-VPQH Penal Code

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Consolidated text No. 01/VBHN-VPQH dated July 10, 2017 of the Office of the National Assembly of the Penal Code
Issuing body: Office of the National AssemblyEffective date:Updating
Official number:01/VBHN-VPQHSigner:Nguyen Hanh Phuc
Type:Consolidated TextExpiry date:Updating
Issuing date:10/07/2017Effect status:
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Effect status: Known

CONSOLIDATED TEXT - THE OFFICE OF THE NATIONAL ASSEMBLY

 

 

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

THE PENAL CODE(*)

Penal Code No. 100/2015/QH13 of November 27, 2015, of the National Assembly, which is set to take effect on January 1, 2018[1], is amended and supplemented by:

Law No. 12/2017/QH14 of June 20, 2017, of the National Assembly Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Penal Code[2].‌

 

Part One

GENERAL PROVISIONS

Chapter I

FUNDAMENTAL PROVISIONS

Article 1.Missions of the Penal Code

The Penal Code has the missions of defending the nation’s sovereignty and security, safeguarding the socialist regime, human rights, citizens’ rights, the right to equality among people of various ethnicities, protecting the interests of the State and organizations, protecting the legal order, combating all criminal offenses; and educating all people about the sense of law observance and crime prevention and fighting.

This Code prescribes crimes and penalties.

Article 2.Basis of penal liability

1. Only the person who commits a crime prescribed by the Penal Code shall bear penal liability therefor.

2. Only the commercial legal person that commits a crime prescribed in Article 76 of this Code shall bear penal liability therefor.

Article 3.Handling principles

1. For persons who commit crimes:

a/ All criminal offenses committed by a person shall be timely detected and handled in a prompt, just and transparent manner in accordance with law;

b/ All persons committing crimes are equal before law, regardless of their gender, ethnicity, belief, religion or social background and status;

c/ Conspirators, ringleaders, commanders, obstinate opposers, hooligans, dangerous recidivists, and persons who abuse their positions and powers to commit crimes shall be severely punished;

d/[3]Persons who commit crimes with the use of treacherous tricks, in an organized or professional manner, or with the intention of causing particularly serious consequences shall be severely punished.

Leniency shall be granted to persons who make confessions, give themselves up, make honest declarations, denounce accomplices, redeem their wrong doings with achievements, actively cooperate with responsible agencies in detecting crimes or settling cases, show repentance, voluntarily redress or compensate for the damage caused;

dd/ For persons who commit less serious crimes for the first time, penalties lighter than imprisonment sentence may be imposed, and they shall be handed over to their agencies, organizations or families for supervision and education;

e/ Persons who have been sentenced to imprisonment shall be forced to serve their imprisonment sentences in detention facilities, and to labor and study so as to become useful to the society; if fully satisfying the conditions prescribed in this Code, they may be considered for reduction of the term of serving their imprisonment sentences or for conditional early release;

g/ Persons who have completely served their penalties shall be given conditions to work and earn an honest living and integrate themselves into the community, and have their criminal records expunged when they fully satisfy the law-prescribed conditions.

2. For commercial legal persons committing crimes:

a/ All criminal offenses committed by a commercial legal person shall be timely detected and handled in a prompt, just and transparent manner in accordance with law;

b/ All commercial legal persons committing crimes are equal before law, regardless of their forms of ownership and economic sectors they belong to;

c/ Commercial legal persons committing crimes with the use of sophisticated tricks, in a professional manner, or with the intention of causing particularly serious consequences shall be severely punished;

d/[4]Leniency shall be granted to commercial legal persons that actively cooperate with responsible agencies in detecting crimes or settling cases, voluntarily redress or compensate for the damage caused, or take the initiative in stopping or remediating the consequences that have arisen.

Article 4.Responsibility for crime prevention and fighting

1. Public Security agencies, People’s Procuracies, People’s Courts and other concerned agencies shall fully perform their respective functions, tasks and powers and, at the same time, guide and assist other agencies of the State, organizations and individuals in preventing and fighting crimes as well as supervising and educating offenders in the community.

2. Agencies and organizations have the duty to educate persons under their respective management about raising their vigilance and sense of law protection and observance and respect for rules of the socialist life; and shall promptly take measures to eliminate the causes of and conditions for commission of crimes in their respective agencies and organizations.

3. All citizens have the obligation to actively participate in crime prevention and fighting.

Chapter II

EFFECT OF THE PENAL CODE

Article 5.Effect of the Penal Code with respect to criminal offenses committed in the territory of the Socialist Republic of Vietnam

1. The Penal Code shall apply to all criminal offenses committed in the territory of the Socialist Republic of Vietnam.

This provision shall also apply to criminal offenses or consequences of criminal offenses that occur on board aircraft or seagoing ships bearing Vietnamese nationality or in the exclusive economic zone or continental shelf of Vietnam.

2. For foreigners who commit crimes in the territory of the Socialist Republic of Vietnam but are entitled to diplomatic or consular immunities under Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party or international practices, their penal liability shall be dealt with in accordance with such treaties or international practices; if such treaties contain no relevant provisions or no relevant international practices exist, their penal liability shall be dealt with through diplomatic channels.

Article 6.Effect of the Penal Code with respect to criminal offenses committed outside the territory of the Socialist Republic of Vietnam

1. Vietnamese citizens or commercial legal persons committing criminal offenses outside the territory of the Socialist Republic of Vietnam which are defined as crimes under this Code may be examined for penal liability in Vietnam in accordance with this Code.

This provision shall also apply to stateless persons who permanently reside in Vietnam.

2. Foreigners and foreign commercial legal persons that commit crimes outside the territory of the Socialist Republic of Vietnam may be examined for penal liability in accordance with this Code in case their criminal offenses infringe upon the lawful rights and interests of Vietnamese citizens or the interests of the Socialist Republic of Vietnam, or in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

3. For criminal offenses or consequences of criminal offenses which occur on board aircraft or seagoing ships bearing non-Vietnamese nationality and operating in the high seas or in the airspace outside the territory of the Socialist Republic of Vietnam, the offenders may be examined for penal liability in accordance with this Code in case such is provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 7.Temporal effect of the Penal Code

1. The article applicable to a criminal offense is the article that is currently in force at the time such criminal offense is committed.

2. Articles that define a new crime, a heavier penalty or a new aggravating circumstance; restrict the scope of application of suspended sentence, exoneration from or exclusion of penal liability, exoneration from penalty, commutation, or expungement of criminal records, or are otherwise unfavorable to offenders, may not apply to criminal offenses that are committed before such articles take effect.

3. Articles that abolish a crime, a penalty or an aggravating circumstance; impose a lighter penalty or prescribe a new extenuating circumstance; expand the scope of application of suspended sentence, exoneration from or exclusion of penal liability, exoneration from penalty, commutation, conditional early release or expungement of criminal records, or otherwise are favorable to offenders, shall apply to criminal offenses that are committed before such articles take effect.

Chapter III

CRIMES

Article 8.Definition of crime

1. Crime means a socially dangerous act prescribed in the Penal Code, intentionally or unintentionally committed by a person having penal liability capacity or by a commercial legal person, which infringes upon the independence, sovereignty, unity or territorial integrity of the country; infringes upon the political regime, economic regime, culture, national defense, security, social order and safety, or lawful rights and interests of organizations; infringes upon human rights or lawful rights and interests of citizens; or infringes upon other areas of the socialist legal order, and which shall, under this Code, be handled criminally.

2. Acts that show signs of crime but pose negligible danger to the society are not crimes and shall be handled by other measures.

Article 9.Classification of crimes[5]

1. Based on the nature and extent of social danger of criminal offenses prescribed in this Code, crimes are classified into 4 categories below:

a/ Less serious crimes, which are crimes having the nature and extent of no great social danger and the heaviest penalty in the penalty bracket for such crimes prescribed by this Code is fine, non-custodial reform or imprisonment of up to 3 years;

b/ Serious crimes, which are crimes having the nature and extent of great social danger and the heaviest penalty in the penalty bracket for such crimes prescribed by this Code is imprisonment of between over 3 years and 7 years;

c/ Very serious crimes, which are crimes having the nature and extent of very great social danger and the heaviest penalty in the penalty bracket for such crimes prescribed by this Code is imprisonment of between over 7 years and 15 years;

d/ Particularly serious crimes, which are crimes having the nature and extent of particularly great social danger and the heaviest penalty in the penalty bracket for such crimes prescribed by this Code is imprisonment of between over 15 years and 20 years, life imprisonment or the death penalty.

2. Crimes committed by commercial legal persons shall be classified based on the nature and extent of social danger of criminal offenses under Clause 1 of this Article and relevant provisions applicable to the offenses referred to in Article 76 of this Code.

Article 10.Intentional commission of crimes

Intentional commission of a crime means the commission of a crime in the following cases:

1. The offender is well aware that his/her act is socially dangerous, foresees the consequences of such act and wishes such consequences to occur;

2. The offender is well aware that his/her act is socially dangerous, foresees the possible consequences of such act, and, although not wishing, consciously lets such consequences occur.

Article 11.Unintentional commission of crimes

Unintentional commission of a crime means the commission of a crime in the following cases:

1. The offender, although foreseeing that his/her act may cause harmful consequences to the society, thinks that such consequences will not occur or can be prevented;

2. The offender does not foresee that his/her act may cause harmful consequences to the society although he/she should have foreseen and could foresee such consequences.

Article 12.Age subject to penal liability

1. Persons aged full 16 years or older shall bear penal liability for all crimes they commit, except the crimes for which their penal liability is otherwise prescribed by this Code.

2.[6]Persons aged between full 14 years and under 16 years shall bear penal liability for a very serious crime or particularly serious crime defined in one of Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303 and 304 of this Code.

Article 13.Commission of crimes as a result of the use of liquor, beer or other strong stimulants

Persons who commit crimes in the state of losing their cognitive ability or behavioral control ability as a result of the use of liquor, beer or other strong stimulants shall still bear penal liability therefor.

Article 14.Preparation for crime commission[7]

1. Preparation for crime commission means searching for and preparing tools, vehicles or creating other conditions to commit a crime, or forming or joining a criminal gang, except the case of forming or joining a criminal gang prescribed in Article 109, at Point a, Clause 2, Article 113, or at Point a, Clause 2, Article 299, of this Code.

2. A person who prepares to commit an offense prescribed in one of Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303 and 324 of this Code, shall bear penal liability therefor.

3. A person aged between full 14 years and under 16 years who prepares to commit an offense defined in Article 123 or 168 of this Code shall bear penal liability therefor.

Article 15.Uncompleted commission of crimes

Uncompleted commission of a crime means the intentional commission of a crime which cannot be carried out to the end due to the causes beyond the will of the offender.

A person who commits a crime in an uncompleted manner shall bear penal liability for the uncompleted crime.

Article 16.Voluntary termination of the completion of crimes

Voluntary termination of the completion of a crime means the stoppage at one’s own will of carrying out a crime to the end although nothing prevents the continued commission of such crime.

A person who voluntarily terminates the completion of a crime shall be exonerated from penal liability for the attempted crime; if the actually committed act fully constitutes another crime, he/she shall bear penal liability for that crime.

Article 17.Complicity

1. Complicity means a case in which two or more persons together intentionally commit a crime.

2. Committing a crime in an organized manner means a form of complicity with close collusion among persons who jointly commit such crime.

3. Accomplice may be an organizer, an executor, an instigator or a helper.

Executor is a person who personally carries out a crime.

Organizer is a person who masterminds, leads and commands the commission of a crime.

Instigator is a person who incites, induces and encourages another person to carry out a crime.

Helper is a person who creates spiritual or material conditions for the commission of a crime.

4. Accomplices shall not bear penal liability for excessive acts committed by executors.

Article 18.Crime concealment

1. A person who, although having not earlier promised anything, knows that a crime has been committed and conceals the offender, traces or exhibits of the crime or commits another act of obstructing the detection, investigation or handling of the offender, shall bear penal liability for crime concealment in the cases prescribed by this Code.

2. The offender’s grandfather, grandmother, father, mother, child, grandchild, sibling or spouse who conceals his/her crime shall not bear penal liability as prescribed in Clause 1 of this Article, except the case of concealing the crimes infringing upon national security or other particularly serious crimes prescribed in Article 389 of this Code.

Article 19.Failure to denounce crimes[8]

1. A person who knows that a crime is being prepared, is being carried out or has been completed but fails to denounce it shall bear penal liability for failure to denounce crimes as prescribed in Article 390 of this Code.

2. The offender’s grandfather, grandmother, father, mother, child, grandchild, sibling or spouse who fails to denounce his/her crime shall not bear penal liability as prescribed in Clause 1 of this Article, except the case of failure to denounce the crimes defined in Chapter XIII of this Code or other particularly serious crimes.

3. A defense counsel who fails to denounce a crime shall not bear penal liability as prescribed in Clause 1 of this Article, except the case of failure to denounce any of the crimes defined in Chapter XIII of this Code or another particularly serious crime which is being prepared, being carried out or has been completed by the very person he/she defends, and which he/she knows well about while providing the defense.

Chapter IV

CASES OF EXCLUSION FROM PENAL LIABILITY

Article 20.Unexpected events

A person who commits an act causing harmful consequences to the society in case he/she cannot foresee or is not compelled to foresee such consequences shall not bear penal liability therefor.

Article 21.The state of having no penal liability capacity

A person who commits a socially dangerous act while suffering a mental illness or another disease which deprives him/her of the cognitive ability or behavioral control ability shall not bear penal liability therefor.

Article 22.Legitimate self-defense

1. Legitimate self-defense means an act taken by a person for the purpose of protecting the legitimate rights or interests of his/her own or another person or the interests of the State, agencies or organizations to fight in a necessary manner against the person who is committing an act infringing upon the above interests.

Legitimate self-defense is not a crime.

2. Acting beyond the legitimate self-defense limit is an act of fighting back in a manner obviously excessive and incompatible with the nature and extent of social danger of the act of infringement.

A person who acts beyond the legitimate self-defense limit shall bear penal liability in accordance with this Code.

Article 23.Urgent circumstances

1. Urgent circumstance means a circumstance in which a person, who wants to avoid causing damage to the lawful rights and interests of his/her own or another person or the interests of the State, agencies or organizations, has no alternative but to cause a damage which is smaller than the damage which needs to be prevented.

An act causing damage in an urgent circumstance is not a crime.

2. In case the damage caused is obviously beyond the requirement of an urgent circumstance, the person causing the damage shall bear penal liability therefor.

Article 24.Causing damage while arrestingoffenders

1. The act committed by a person who, for the purpose of arresting an offender, has no alternative but to use necessary force causing damage to the offender, is not a crime.

2. In case the damage caused by the use of force is obviously beyond what is required, the person causing the damage shall bear penal liability therefor.

Article 25.Risks in research, testing or application of scientific, technical or technological advances

An act causing damage while conducting research, testing or application of scientific, technical or technological advances although processes and norms have been properly observed or all preventive measures have been taken is not a crime.

A person who causes damage due to failure to properly observe processes and norms or to take all preventive measures shall still bear penal liability therefor.

Article 26.Execution of orders of commanders or superiors

A person who commits an act causing damage while executing an order of his/her commander or superior in the people’s armed forces to perform national defense or security tasks shall not bear penal liability therefor if he/she has properly observed the process of reporting to his/her commander or superior but the latter still requests the execution of such order. In this case, the person who has made the order shall bear penal liability.

This provision shall not apply to the cases prescribed in Clause 2, Article 421, Clause 2, Article 422, and Clause 2, Article 423, of this Code.

Chapter V

STATUTE OF LIMITATIONS FOR PENAL LIABILITY EXAMINATION, EXONERATION FROM PENAL LIABILITY

Article 27.Statute of limitations for penal liability examination

1. Statute of limitations for penal liability examination means the time limit prescribed by this Code upon the expiration of which the offender shall not be examined for penal liability.

2. The statute of limitations for penal liability examination is prescribed below:

a/ Five years, for less serious crimes;

b/ Ten years, for serious crimes;

c/ Fifteen years, for very serious crimes;

d/ Twenty years, for particularly serious crimes.

3. The statute of limitations for penal liability examination shall be counted from the date a crime is committed. If, within the time limit prescribed in Clause 2 of this Article, the offender commits a new crime which is subject to imprisonment of over 1 year as the heaviest penalty in the penalty bracket prescribed in this Code, the statute of limitations for penal liability examination for the previous crime shall be re-counted from the date the new crime is committed.

If, within the time limit prescribed in Clause 2 of this Article, the offender deliberately absconds and the arrest warrant has been issued for him/her, the statute of limitations for penal liability examination shall be re-counted from the date he/she gives himself/herself up or is arrested.

Article 28.Non-application of the statute of limitations for penal liability examination

The statute of limitations for penal liability examination prescribed in Article 27 of this Code shall not apply to the following offenses:

1. The offenses infringing upon national security prescribed in Chapter XIII of this Code;

2. The crimes against peace, crimes against humanity and war crimes prescribed in Chapter XXVI of this Code;

3. The offense of embezzling property in the cases prescribed in Clauses 3 and 4, Article 353 of this Code, and the offense of taking bribes in the cases prescribed in Clauses 3 and 4, Article 354 of this Code.

Article 29.Bases for exoneration from penal liability

1. An offender shall be exonerated from penal liability when there is one of the following bases:

a/ During the investigation, prosecution or trial, his/her criminal offense is regarded to be no longer socially dangerous due to a change of policy or law;

b/ There is a decision on general amnesty.

2. An offender may be exonerated from penal liability when there is one of the following bases:

a/ During the investigation, prosecution or trial, he/she is regarded to be no longer socially dangerous due to a change of situation;

b/ During the investigation, prosecution or trial, he/she gets a fatal disease that makes him/her unable to cause danger to the society;

c/ Before his/her criminal offense is detected,[9]he/she makes confessions and clearly reports the facts, effectively contributing to the detection and investigation of the crime, has tried to minimize the consequences of the crime, and performed a feat or made a special contribution recognized by the State and the society.

3. Exoneration from penal liability may be granted to a person who commits a serious crime unintentionally or a less serious crime[10]causing loss of life or damage to the health, honor, dignity or property of another person and has voluntarily redressed or compensated for the damage or remediated the consequences[11], and the victim or his/her lawful[12]representative voluntarily consents to enter into conciliation and requests exoneration from penal liability for this person.

Chapter VI

PENALTIES

Article 30.Definition of penalty

Penalty means the State’s most severe coercive measure prescribed in this Code and imposed under the court’s decision to a person or commercial legal person that commits a crime, which aims to deprive of or restrict the rights and interests of such person or commercial legal person.

Article 31.Purposes of penalty

Penalties aim not only to punish persons or commercial legal persons that commit crimes but also to educate them about the sense of observance of law and rules of life and prevent them from committing new crimes; and to educate other persons and commercial legal persons about respect for law and crime prevention and fighting.

Article 32.Penalties imposed on persons committing crimes

1. Principal penalties include:

a/ Warning;

b/ Fine;

c/ Non-custodial reform;

d/ Expulsion;

dd/ Termed imprisonment;

e/ Life imprisonment;

g/ Death penalty.

2. Additional penalties include:

a/ Prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs;

b/ Prohibition of residence;

c/ Probation;

d/ Deprivation of some citizens’ rights;

dd/ Property confiscation;

e/ Fine, when it is not imposed as a principal penalty;

g/ Expulsion, when it is not imposed as a principal penalty.

3. For each crime, the offender shall be subject to only one principal penalty and may be subject to one or more than one additional penalty.

Article 33.Penalties imposed on commercial legal persons committing crimes

1. Principal penalties include:

a/ Fine;

b/ Suspension from operation;

c/ Termination of operation.

2. Additional penalties include:

a/ Prohibition from doing business or operating in certain areas;

b/ Prohibition from raising capital;

c/ Fine, when it is not imposed as a principal penalty.

3. For each crime, a commercial legal person committing the crime shall be subject to only one principal penalty and may be subject to one or more than one additional penalty.

Article 34.Warning

Warning shall be imposed on a person who commits a less serious crime with several extenuating circumstances which, however, are not enough for him/her to be exonerated from penalty.

Article 35.Fine

1. Fine shall be imposed as a principal penalty on:

a/ Persons who commit a less serious crime or commit a serious crime prescribed by this Code;

b/ Persons who commit a very serious crime infringing upon the economic management order, environment, public order or safety, or a number of other crimes prescribed by this Code.

2. Fine shall be imposed as an additional penalty on a person who commits a corruption- or drug-related crime or other crimes prescribed by this Code.

3. Fine amount  shall be decided based on the nature and extent of danger of the crime committed, taking into account the offender’s property situation and price fluctuations, but must not be lower than VND 1,000,000.

4. Fines to be imposed on commercial legal persons committing crimes are prescribed in Article 77 of this Code.

Article 36.Non-custodial reform

1. Non-custodial reform of between 6 months and 3 years shall be imposed on a person who commits a less serious crime or a serious crime prescribed by this Code and has a stable workplace or a clear place of residence when it is deemed unnecessary to isolate the offender from the society.

If a convict has been held in custody or temporary detention, the time in custody or detention shall be included in the period of his/her non-custodial reform with 1 day in custody or detention equivalent to 3 days of non-custodial reform.

2. The court shall hand over the person subject to non-custodial reform to the agency or organization where he/she works or studies or to the commune-level People’s Committee of the locality where he/she resides for supervision and education. The family of the convict shall collaborate with the above agency, organization or commune-level People’s Committee in supervising and educating him/her.

3. While serving his/her sentence, the convict shall perform certain obligations according to regulations on non-custodial reform and have between 5% and 20% of his/her income deducted into the state treasury. Such deduction shall be made on a monthly basis. In special cases, the court may allow the exemption from income deduction but shall clearly state the reason in the judgment.

Income deduction shall not be made for a person serving his/her sentence while performing military service.

4. In case a person subject to non-custodial reform has no job or loses his/her job during the period of serving this penalty, he/she shall perform community service during the period of non-custodial reform.

The time of performing community service must not exceed 4 hours a day for 5 days a week.

Community service shall not be applied to pregnant women, women nursing children aged under 6 months, old and weak persons, persons suffering fatal diseases, or persons with severe or particularly severe disabilities.

A person subject to non-custodial reform shall perform the obligations prescribed in the Law on Enforcement of Criminal Judgments.

Article 37.Expulsion

Expulsion means coercing a convicted foreigner to leave the territory of the Socialist Republic of Vietnam.

Expulsion may be imposed by the court as a principal penalty or an additional penalty on a case-by-case basis.

Article 38.Termed imprisonment

1. Termed imprisonment means coercing a convict to serve his/her penalty at a detention facility for a specified period.

Termed imprisonment for a person who commits one crime ranges from 3 months to 20 years.

The time of custody or temporary detention shall be included in the period of serving the imprisonment penalty, with 1 day in custody or detention equivalent to 1 day in prison.

2. Termed imprisonment shall not be imposed on a person who unintentionally commits a less serious crime for the first time and has a clear place of residence.

Article 39.Life imprisonment

Life imprisonment means indefinite imprisonment to be imposed on a person who commits a particularly serious crime which, however, is not serious enough for him/her to be sentenced to death.

Life imprisonment shall not be imposed on offenders aged under 18 years.

Article 40.Death penalty

1. Death penalty is a special penalty only imposed on persons who commit a particularly serious crime in one of the groups of crimes infringing upon national security or human life, drug- or corruption-related crimes, and a number of other particularly serious crimes prescribed by this Code.

2. The death penalty shall not be imposed on persons aged under 18 years when committing a crime, on pregnant women, women nursing children aged under 36 months, or persons aged full 75 years or older when committing a crime or being adjudicated.

3. The death penalty shall not be executed against a convict who falls into one of the following cases:

a/ Being a pregnant woman or a woman nursing her child aged under 36 months;

b/ Being aged full 75 years or older;

c/ Being sentenced to death for embezzling property or taking bribes and, after being sentenced, having voluntarily returned at least three-quarters of the embezzled property or taken bribes and actively cooperated with related agencies in detecting, investigating or handling crimes, or performed a feat.

4. In the cases prescribed in Clause 3 of this Article or in case a person sentenced to death is granted commutation, the death penalty shall be commuted to life imprisonment.

Article 41.Prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs

Prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs shall be imposed when it is deemed that allowing convicts to hold such positions or practice such professions or perform such jobs may cause harm to the society.

The prohibition period ranges between 1 year and 5 years from the date the convict completely serves his/her imprisonment sentence, or from the date the judgment takes legal effect in case the principal penalty is warning, fine or non-custodial reform, or in case the convict is entitled to suspension of sentence.

Article 42.Prohibition of residence

Prohibition of residence means not allowing a person sentenced to imprisonment to temporarily or permanently reside in certain localities.

The residence prohibition period ranges between 1 year and 5 years from the date the convict completely serves his/her imprisonment sentence.

Article 43.Probation

Probation means coercing a convict to reside, earn his/her living and reform himself/herself in a certain locality under the supervision and education by the local administration and people. During the probation period, the convict may not leave his/her place of residence without permission, is deprived of some citizens’ rights in accordance with Article 44 of this Code and is prohibited from practicing certain professions or performing certain jobs.

Probation shall be imposed on a person who commits the offense of infringing upon national security or on a dangerous recidivist, or in other cases as prescribed by this Code.

The probation period ranges between 1 year and 5 years from the date the convict completely serves his/her imprisonment sentence.

Article 44.Deprivation of some citizens’ rights

1. A Vietnamese citizen who is sentenced to imprisonment for the offense of infringing upon national security or another crime in the cases prescribed by this Code shall be deprived of one or all of the following citizens’ rights:

a/ The right to stand for election to state power bodies;

b/ The right to work in state agencies and the right to serve in the people’s armed forces.

2. The period of deprivation of some citizens’ rights ranges between 1 year and 5 years from the date the convict completely serves his/her imprisonment sentence or from the date the judgment takes legal effect in case the convict is entitled to suspension of sentence.

Article 45.Property confiscation

Property confiscation means deprivation of part or the whole of property under the ownership of the convict for transfer to the state budget.

Property confiscation shall only be imposed on a person sentenced for a serious crime, a very serious crime or a particularly serious crime infringing upon national security, a drug- or corruption-related crime, or another crime prescribed by this Code.

When confiscating the whole property of a convict, basic conditions shall be left for the convict and his/her family to live on.

Chapter VII

JUDICIAL REMEDIES

Article 46.Judicial remedies

1. Judicial remedies to be applied to persons committing crimes include:

a/ Confiscation of objects and money directly related to the crime;

b/ Return of property, redress of or compensation for damage; and coerced public apology;

c/ Coerced medical treatment.

2. Judicial remedies to be applied to commercial legal persons committing crimes include:

a/ Confiscation of objects and money directly related to the crime;

b/ Return of property, redress of or compensation for damage; and coerced public apology;

c/ Restoration to the original state;

d/ Measures to redress and prevent further consequences.

Article 47.Confiscation of objects and money directly related to crime

1. Confiscation for transfer to the state budget or for destruction shall be applied to:

a/ Tools and vehicles used for the commission of crime;

b/ Objects and money acquired from the commission of crimes or from the trading or exchange of such objects and money; and illicit earnings from the commission of crime;

c/ Objects prohibited from storage[13]or circulation by the State.

2. Objects and money illegally appropriated or used by offenders shall not be confiscated but shall be returned to their lawful owners or managers.

3. Objects and money owned by other persons who are at fault in letting offenders use them in the commission of crime may be confiscated.

Article 48.Return of property, redress of or compensation for damage; coerced public apology

1. An offender shall return the property he/she has appropriated to its lawful owner or manager, and redress or compensate for material damage determined as having been caused by his/her criminal offense.

2. In case of causing mental damage, the offender shall be coerced by the court to pay material compensation to and publicly apologize the victim.

Article 49.Coerced medical treatment

1. For a person who commits a socially dangerous act while he/she is suffering a disease prescribed in Article 21 of this Code, the procuracy or the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send his/her to a specialized health establishment for medical treatment.

2. For a person who commits an offense while having penal liability capacity but, before being sentenced, suffers an illness which deprives him/her of his/her cognitive ability or behavioral control ability, the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send him/her to a specialized health establishment for medical treatment. After having recovered from the illness, this person may have to bear penal liability.

3. For a person who suffers an illness which deprives him/her of his/her cognitive ability or behavioral control ability while serving his/her imprisonment sentence, the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send him/her to a specialized health establishment for medical treatment. After having recovered from the illness, if having no other reason for being exonerated from serving his/her penalty, this person shall continue serving the penalty.

The period of coerced medical treatment shall be included in the term of serving the imprisonment sentence.

Chapter VIII

DECISION ON PENALTIES

Section 1

GENERAL PROVISIONS ON DECISION ON PENALTIES

Article 50.Bases for deciding on penalties

1. When deciding on a penalty, the court shall, pursuant to the provisions of this Code, take into consideration the criminal offense’s nature and extent of social danger, personal records of the offender, and circumstances extenuating or aggravating penal liability.

2. When deciding to impose a fine, the court shall, in addition to the bases prescribed in Clause 1 of this Article, base itself on the situation of property and payment ability of the offender.

Article 51.Circumstances extenuating penal liability

1. The following circumstances shall be regarded as circumstances extenuating penal liability:

a/ The offender has prevented or reduced the harm caused by the crime;

b/ The offender voluntarily redresses or compensates for the damage or remediates the consequences;

c/ Committing a crime beyond the legitimate self-defense limit;

d/ Committing a crime due to acting beyond the requirement of a state of emergency;

dd/ Committing a crime due to acting beyond the reasonable level while arresting an offender;

e/ Committing a crime in the heat of passion caused by the victim’s illegal act;

g/ Committing a crime in a particularly difficult circumstance which is not caused by the offender himself/herself;

h/ Committing a crime with no damage or minor damage caused;

i/ Committing a less serious crime for the first time;

k/ Committing a crime because of being threatened or forced by another person;

l/ Committing a crime while having a limited cognitive ability not due to the offender’s fault;

m/ Committing a crime due to backward practices;

n/ The offender is pregnant;

o/ The offender is full 70 years or older;

p/ The offender is a person with severe or particularly severe disabilities;

q/ The offender suffers an illness that restricts his/her cognitive ability or behavioral control ability;

r/ The offender makes confessions;

s/[14]The offender makes honest declarations or shows his/her repentance;

t/[15]The offender actively assists responsible agencies in detecting crimes or settling cases;

u/ The offender has redeemed his/her wrongdoing with an achievement;

v/ The offender has recorded outstanding achievements in production, combat, study or work;

x/[16]The offender is a person with meritorious services to the revolution or a parent, the spouse or an offspring of a martyr.

2. When deciding on a penalty, the court may consider the offender’s giving up to the police or another circumstance as an extenuating circumstance, but shall clearly state the reason for extenuating penal liability in the judgment.

3. Extenuating circumstances prescribed by this Code as signs for determining crimes or penalty brackets shall not be regarded as extenuating circumstances for deciding on penalties.

Article 52.Circumstances aggravating penal liability

1. Only the following circumstances shall be considered circumstances aggravating penal liability:

a/ Committing a crime in an organized manner;

b/ Committing a crime in a professional manner;

c/ Abusing one’s position and powers in order to commit a crime;

d/ Committing a crime in a hooligan manner;

dd/ Committing a crime with a despicable motive;

e/ Intentionally carrying out a crime to the end;

g/ Committing a crime twice or more;

h/ Recidivism or dangerous recidivism;

i/ Committing a crime against a person aged under 16 years, a pregnant woman or[17]a person aged full 70 years or older;

k/ Committing a crime against a person who is in the state of being unable to defend himself/herself; a person with severe or particularly severe disabilities; a person having a limited cognitive ability; or a person who is dependent on the offender materially, mentally or in terms of work or other aspects;

l/ Taking advantage of the war situation, a state of emergency, a natural disaster, an epidemic or another special difficulty of the society in order to commit a crime;

m/ Employing a sophisticated, treacherous or[18]cruel trick to commit a crime;

n/ Employing a trick or[19]using equipment which is likely to cause harm to many persons to commit a crime;

o/ Inciting a person aged under 18 years to commit a crime;

p/ Committing a treacherous or violent act in order to abscond or conceal a crime.

2. The circumstances which have been prescribed by this Code as signs for determining crimes or penalty brackets shall not be regarded as aggravating circumstances.

Article 53.Recidivism, dangerous recidivism

1. Recidivism means a case in which the offender has been sentenced and not had his/her criminal records expunged but again intentionally commits a crime or unintentionally commits a very serious crime or particularly serious crime.

2. The following cases shall be considered dangerous recidivism:

a/ The offender has been sentenced for a very serious crime or particularly serious crime committed intentionally and not had his/her criminal records expunged but again intentionally commits a very serious crime or particularly serious crime;

b/ The offender commits recidivism, has not had his/her criminal records expunged but again intentionally commits a crime.

Section 2

DECISION ON PENALTIES IN SPECIFIC CASES

Article 54.Decision on a penalty which is lighter than the minimum penalty in the applicable penalty bracket

1. The court may decide on a penalty which is lighter than the minimum penalty in the applicable penalty bracket but must be within the next lighter penalty bracket of the article when the offender has at least two extenuating circumstances prescribed in Clause 1, Article 51 of this Code.

2. The court may decide on a penalty which is lighter than the minimum penalty in the applicable penalty bracket and is not required to be within the next lighter penalty bracket of the article on a first-time offender who is the helper playing an insignificant role in a complicity case.

3.[20]In case the conditions prescribed in Clause 1 or 2 of this Article are fully satisfied but the article provides only one penalty bracket or the applicable penalty bracket is the lightest, the court may decide on a penalty lighter than the minimum penalty in such penalty bracket or on a penalty of a lighter type. The reason for such penalty shall be clearly stated in the judgment.

Article 55.Decision on penalties in case more than one crime is committed

When adjudicating at a time a person who commits more than one crime, the court shall decide on a penalty for each crime, then aggregate the penalties as follows:

1. For principal penalties:

a/ If all the pronounced penalties are non-custodial reform or termed imprisonment, they shall be aggregated, the aggregate penalty must not exceed 3 years for non-custodial reform penalties, or 30 years for termed imprisonment penalties;

b/ If the pronounced penalties are both non-custodial reform and termed imprisonment, each non-custodial reform penalty shall be converted into an imprisonment penalty with 3 days of non-custodial reform equivalent to 1 day in prison in order to aggregate the penalties under Point a, Clause 1 of this Article;

c/ If the heaviest penalty among the pronounced penalties is life imprisonment, the aggregate penalty must be life imprisonment;

d/ If the heaviest penalty among the pronounced penalties is the death penalty, the aggregate penalty must be the death penalty;

dd/ Fine shall not be aggregated with other types of penalty; different fines shall be aggregated;

e/ Expulsion shall not be aggregated with other types of penalty.

2. For additional penalties:

a/ If the pronounced penalties are of the same type, the aggregate penalty shall be decided within the limit prescribed by this Code for such type of penalty; different fines shall be aggregated;

b/ If the pronounced penalties are of different types, the convict shall serve all of them.

Article 56.Aggregation of penalties under multiple judgments

1. In case a person currently serving a judgment is adjudicated for a crime committed before such judgment is rendered, the court shall decide on a penalty for the new crime, then decide on the aggregate penalty under Article 55 of this Code.

The period of having served the penalty under the previous judgment shall be included in the term of serving the aggregate penalty.

2. When adjudicating a person who commits a new crime while serving a judgment, the court shall decide on a penalty for the new crime, then aggregate it with the period of the penalty he/she has not yet served under the previous judgment before deciding on the aggregate penalty under Article 55 of this Code.

3. In case a person has to serve different judgments which have taken legal effect while the penalties under such judgments have not yet been aggregated, the chief justice of the competent court shall decide on the aggregation of the penalties in accordance with Clauses 1 and 2 of this Article.

Article 57.Decision on penalties in case of preparation to commit crimes or uncompleted commission of crimes

1. For an act of preparing to commit a crime or act of uncompleted commission of a crime, the penalty shall be decided according to this Code’s articles on the relevant crime and depending on such act’s nature and extent of social danger, the extent of realizing the intention to commit the crime and other circumstances that prevent the crime from being carried out to the end.

2. In case of preparation to commit a crime, the penalty shall be decided within the penalty bracket stated in the applicable article.

3. In case of uncompleted commission of a crime, if the applicable article prescribes the heaviest penalty being life imprisonment or death, imprisonment not exceeding 20 years shall be imposed; if the heaviest penalty is termed imprisonment, the to-be-imposed penalty must not exceed three-quarters of the imprisonment sentence prescribed by such article.

Article 58.Decision on penalties in complicity cases

When deciding on penalties on accomplices, the court shall take into account the nature of complicity and the nature and extent of each accomplice’s involvement in the crime.

Extenuating circumstances, aggravating circumstances or penal liability exclusion for any accomplice shall only be applied to such accomplice.

Article 59.Penalty exoneration

Offenders may be exonerated from penalty if they fall into the cases prescribed in Clauses 1 and 2, Article 54 of this Code and deserve special leniency, but such is not enough for them to be exonerated from penal liability.

Chapter IX

STATUTE OF LIMITATIONS FOR JUDGEMENT EXECUTION, EXONERATION FROM SERVING PENALTY, AND REDUCTION OF PENALTY-SERVING TERM

Article 60.Statute of limitations for judgment execution

1. The statute of limitations for execution of a criminal judgment is the time limit prescribed by this Code upon the expiration of which the convicted person or commercial legal person is not subject to execution of the pronounced judgment.

2. The statute of limitations for execution of a criminal judgment against a convict is:

a/ Five years, for convicts sentenced to pay fines, non-custodial reform, or imprisonment not exceeding 3 years;

b/ Ten years, for convicts sentenced to imprisonment of between over 3 years and 15 years;

c/ Fifteen years, for convicts sentenced to imprisonment of between over 15 years and 30 years;

d/ Twenty years, for convicts sentenced to life imprisonment or death.

3. The statute of limitations for execution of a criminal judgment against a commercial legal person is 5 years.

4. The statute of limitations for execution of a criminal judgment shall be counted from the date the judgment takes legal effect. Within the time limit prescribed in Clause 2 or 3 of this Article, if the convicted person or commercial legal person commits a new crime, this statute of limitations shall be re-counted from the date the new crime is committed.

5. Within the time limit specified in Clause 2 of this Article, if the convict deliberately absconds and an arrest warrant has been issued for him/her, the statute of limitations for judgment execution shall be re-counted from the date he/she gives himself/herself up or is arrested.

Article 61.Non-application of statute of limitations for judgment execution[21]

The statute of limitations for judgment execution shall not be applied to the offenses prescribed in Chapters XIII and XXVI, Clauses 3 and 4, Article 353, and Clause 3 and 4, Article 354, of this Code.

Article 62.Exoneration from serving penalty

1. A convict shall be exonerated from serving his/her penalty when he/she is granted special amnesty or general amnesty.

2. For a person who is sentenced to non-custodial reform or imprisonment of up to 3 years and has not served his/her penalty, the court may, at the proposal of the chief procurator of the procuracy, decide to exonerate this person from serving his/her penalty if he/she falls into one of the following cases:

a/ Having performed a feat after being sentenced;

b/ Suffering a fatal disease;

c/ Being law-abiding, encountering particularly difficult family circumstances and being deemed to be no longer socially dangerous.

3. For a person who is sentenced to imprisonment of over 3 years and has not served his/her penalty, if he/she performs a feat or suffers a fatal disease and is no longer socially dangerous, the court may, at the proposal of the chief procurator of the procuracy, decide to exonerate him/her from serving the whole of his/her penalty.

4. For a person who is sentenced to imprisonment of up to 3 years and entitled to temporary stoppage of serving his/her penalty, if, during the stoppage period, he/she performs a feat or is law-abiding, encounters particularly difficult family circumstances and is deemed to be no longer socially dangerous, the court may, at the proposal of the chief procurator of the procuracy, decide to exonerate him/her from serving the remainder of his/her penalty.

5. For a person who is sentenced to pay a fine and has paid part of the fine amount, if he/she falls into a prolonged particularly difficult economic circumstance due to a natural disaster, a fire, an accident or an ailment which makes him/her unable to pay the remainder of the fine amount, or performs a feat, the court may, at the proposal of the chief procurator of the procuracy, decide to exonerate him/her from paying the remainder of the fine amount.

6. For a person who is subject to prohibition of residence or probation, and has served half of the term of the penalty and reformed himself/herself well, the court may, at the proposal of the district-level criminal judgment enforcement agency of the locality where such person is serving the penalty, decide to exonerate him/her from serving the remainder of his/her penalty.

7. A person who is exonerated from serving his/her penalty under this Article shall still perform all civil obligations as pronounced by the court in the judgment.

Article 63.Reduction of pronounced penalty

1. For a person who is subject to non-custodial reform, termed imprisonment or life imprisonment, and has served the penalty for a certain period, showed improvements and performed part of his/her civil obligations, the court may, at the proposal of a competent criminal judgment enforcement agency, decide to reduce his/her penalty-serving term.

To be eligible for consideration of the first reduction, the time during which the penalty has been served must be one-third of its term, for non-custodial reform or termed imprisonment, or must be 12 years, for life imprisonment.

2. A person may be entitled to multiple reductions but shall serve at least half of the pronounced penalty.

For a person sentenced to life imprisonment, the sentence shall be commuted to 30 years’ imprisonment in the first reduction and he/she may be entitled to multiple reductions but shall actually serve the sentence for at least 20 years.

3. For a person sentenced for many offenses including an offense for which he/she is sentenced to life imprisonment, the court shall consider commutation of his/her sentence to 30 years’ imprisonment in the first reduction only after he/she has served the sentence for 15 years in prison and he/she may be entitled to multiple reductions but shall actually serve the sentence for at least 25 years.

4. For a person who has had his/her penalty reduced but intentionally commits a new less serious crime, the court shall consider the first reduction only after he/she has served half of the aggregate penalty.

5. For a person who has had his/her penalty reduced but commits a new serious, very serious or particularly serious crime, the court shall consider the first reduction only after he/she has served two-thirds of the aggregate penalty, or consider the reduction under Clause 3 of this Article if the aggregate penalty is life imprisonment.

6. For a person sentenced to death but entitled to commutation or a person sentenced to death in the case specified at Point b or c, Clause 3, Article 40 of this Code, the time during which he/she has served the sentence in order to be eligible for consideration of the first reduction must be 25 years and he/she may be entitled to multiple reductions but shall actually serve the sentence for at least 30 years.

Article 64.Reduction of penalty-serving term in special cases

For a convict who deserves additional leniency for such plausible reasons as having performed a feat, being too old and weak or suffering a fatal disease, the court may consider reducing his/her penalty-serving term at an earlier time or for a longer period of time compared to the time and period prescribed in Article 63 of this Code.

Article 65.Suspended sentence

1. When rendering an imprisonment sentence of up to 3 years, based on the offender’s personal records and extenuating circumstances, if deeming it unnecessary to send him/her to prison, the court may suspend the execution of the sentence, place the offender on probation for a period of between 1 year and 5 years and order him/her to fulfill all the obligations during the probation period in accordance with the Law on Enforcement of Criminal Judgments.

2. The court shall hand over the person entitled to suspended sentence to the agency or organization where he/she works or to the administration of the locality where he/she resides for supervision and education during his/her probation period. The convict’s family shall collaborate with such agency, organization or local administration in supervising and educating him/her.

3. The court may decide to impose additional penalties on the person entitled to suspended sentence if such penalties are prescribed in the relevant article.

4. Once a person entitled to suspended sentence has served half of the probation period and showed improvements, the court may, at the proposal of the agency or organization responsible for supervising and educating him/her, decide to shorten the probation period.

5. During the probation period, if the person entitled to suspended sentence intentionally violates his/her obligations under the Law on Enforcement of Criminal Judgments twice or more, the court may decide to coerce him/her to serve the imprisonment sentence already suspended. If this person commits a new crime, the court shall coerce him/her to serve the penalty under the previous judgment aggregated with the penalty under the new judgment in accordance with Article 56 of this Code.

Article 66.Conditional early release

1.[22]A person who is serving an imprisonment sentence for a serious crime, very serious crime or particularly serious crime and has been granted a reduction of the imprisonment sentence-serving term, or who is serving an imprisonment sentence for a less serious crime may be entitled to early release if fully satisfying the following conditions:

a/ Committing the crime for the first time;

b/ Having shown improvements and a good sense of reform;

c/ Having a clear place of residence;

d/ Having completely served the additional penalty being fine, compensation for damage, payment of legal cost;

dd/ Having served at least half of the term of imprisonment, if he/she is sentenced to termed imprisonment, or at least 15 years, if he/she is sentenced to life imprisonment commuted to termed imprisonment.

In case the offender is a person with meritorious services to the revolution, a relative of a person with meritorious services to the revolution, a person aged full 70 years or older, a person with severe or particularly severe disabilities, or a woman nursing a child aged under 36 months, he/she must have served at least one-third of the term of imprisonment, if he/she is sentenced to termed imprisonment, or at least 12 years, if he/she is sentenced to life imprisonment commuted to termed imprisonment;

e/ Not falling into one of the cases specified in Clause 2 of this Article.

2.[23]The provisions of this Article shall not be applied to a convict who falls into one of the following cases:

a/ Being convicted of one of the offenses prescribed in Chapters XIII and XXVI and Article 299 of this Code; being sentenced to imprisonment of 10 years or more for intentionally committing one of the offenses defined in Chapter XIV of this Code; or being sentenced to imprisonment of 7 years or more for one of the offenses defined in Articles 168, 169, 248, 251 and 252 of this Code;

b/ Being sentenced to the death penalty which was then commuted or falling into the case specified in Clause 3, Article 40 of this Code.

3. The court may decide to grant conditional early release to a convict at the proposal of a competent criminal judgment enforcement agency. The person entitled to conditional early release shall perform the obligations during the probation period. The probation period is equal to the remainder of the imprisonment sentence.

4. If a person who is early released intentionally violates his/her obligations twice or more or is administratively sanctioned twice or more during the probation period, the court may cancel the decision on conditional early release and shall coerce him/her to serve the remainder of the imprisonment sentence.

If such person commits a new crime during the probation period, the court shall coerce him/her to serve the penalty under the new judgment aggregated with the unserved part of the imprisonment sentence under the previous judgment in accordance with Article 56 of this Code.

5. If a person who is early released and has served at least half of the probation period shows improvements, the court may, at the proposal of a competent criminal judgment enforcement agency, decide to shorten the probation period.

Article 67.Postponement from serving imprisonment penalty

1. A person sentenced to imprisonment may be allowed to postpone serving his/her imprisonment sentence as follows:

a/ Postponement until his/her health is recovered, if he/she suffers a serious illness;

b/ Postponement for a pregnant woman or for a woman nursing a child aged under 36 months until her child reaches full 36 months old;

c/ Postponement for up to 1 year, if he/she is the sole breadwinner in his/her family that will face extreme difficulties if he/she is sent to prison, unless he/she is sentenced for a crime infringing upon national security or another very serious or particularly serious crime;

d/ Postponement for up to 1 year to meet official-duty requirements, if he/she is sentenced for a less serious crime.

2. During the period of postponement from serving his/her imprisonment sentence, if the concerned person commits a new crime, the court shall coerce him/her to serve the previous penalty aggregated with the penalty under the new judgment in accordance with Article 56 of this Code.

Article 68.Temporary stoppage of serving imprisonment sentence

1. When a person who is serving his/her imprisonment sentence falls into one of the cases prescribed in Clause 1, Article 67 of this Code, he/she may be permitted to temporarily stop serving such imprisonment sentence.

2. The temporary stoppage period may not be included in the time of serving the imprisonment sentence.

Chapter X

EXPUNGEMENT OF CRIMINAL RECORDS

Article 69.Expungement of criminal records

1. A convict may have his/her criminal records expunged under Articles 70 thru 73 of this Code.

A person having his/her criminal records expunged shall be considered having never been convicted.

2. Persons who have been sentenced for unintentionally committing a less serious crime or serious crime and persons who have been exonerated from penalty shall not be considered having criminal records.

Article 70.Automatic expungement of criminal records

1. Automatic expungement of criminal records shall be applied to persons sentenced for crimes other than those specified in Chapter XIII and XXVI of this Code when they have completely served the principal penalty or the probation period of the suspended sentence, or when the statute of limitations for judgment execution has expired, and these persons fully satisfy the conditions specified in Clauses 2 and 3 of this Article.

2. A convict is entitled to automatic expungement of criminal records if he/she commits no new crime within the following time limit counting from the date he/she has completely served the principal penalty or from the date of expiration of the probation period of the suspended sentence, he/she has completely served the additional penalty or complied with other decisions under the judgment:

a/ One year, if he/she is subject to warning, fine, non-custody reform, or suspended sentence;

b/ Two years, if he/she is sentenced to imprisonment of up to 5 years;

c/ Three years, if he/she is sentenced to imprisonment of between over 5 years and 15 years;

d/ Five years, if he/she is sentenced to imprisonment of over 15 years, life imprisonment, or to death but then enjoys commutation.

In case the convict is serving an additional penalty being probation, prohibition of residence, prohibition from holding positions or prohibition from practicing certain professions or performing certain jobs, or deprivation of some citizens’ rights for a term longer than the time limit specified at Point a, b or c of this Clause, the time limit after which he/she is entitled to automatic expungement of criminal records is equal to the period of his/her additional penalty.

3. A convict is entitled to automatic expungement of criminal records if he/she commits no new crime within the time limit specified in Clause 2 of this Article counting from the date of expiration of the statute of limitations for judgment execution.

4. Agencies that manage criminal record databases shall update information on criminal records of convicts and issue cards certifying no criminal records to persons who fully satisfy the conditions specified in Clause 2 or 3 of this Article when requested by such persons.

Article 71.Expungement of criminal records under court rulings[24]

1. Expungement of criminal records under court rulings shall be applied to persons who are convicted for one of the offenses prescribed in Chapters XIII and XXVI of this Code. The court shall decide on expungement of criminal records for a convict based on the nature of the offense committed, and his/her sense of law observance, attitude in working and satisfaction of the conditions specified in Clause 2 of this Article.

2. A convict’s criminal records shall be expunged under a court ruling if he/she completely serves the additional penalty and other decisions under the judgment and commits no new crime within the following time limit counting from the date he/she has completely served the principal penalty or from the date of expiration of the probation period of the suspended sentence:

a/ One year, if he/she is subject to warning, non-custody reform or suspended sentence;

b/ Three years, if he/she is sentenced to imprisonment of up to 5 years;

c/ Five years, if he/she is sentenced to imprisonment of between over 5 years and 15 years;

d/ Seven years, if he/she is sentenced to imprisonment of over 15 years, life imprisonment, or to death but enjoys commutation.

In case the convict is serving an additional penalty being probation, prohibition of residence, or deprivation of some citizens’ rights for a term longer than the time limit specified at Point a or b of this Clause, the court shall decide on expungement of criminal records from the date he/she completely serves the additional penalty.

3. A person whose request for expungement of criminal records is rejected by the court for the first time may file another request only after one year; if his/her request for expungement of criminal records is rejected from the second time, he/she may file another request only after 2 years.

Article 72.Expungement of criminal records in special cases

In case a convict shows marked improvements and performs a feat, and the agency or organization where he/she works or the administration of the locality where he/she resides proposes expungement of criminal records for him/her, the court may decide on such expungement only after at least one-third of the time limit specified in Clause 2, Article 70, or Clause 2, Article 71, of this Code has passed.

Article 73.Method of calculating time limits for expungement of criminal records

1. The time limit for expungement of criminal records prescribed in Article 70 or 71 of this Code shall be based on the principal penalty pronounced.

2. For a convict who has not had his/her criminal records expunged but commits a new crime and is again convicted under a legally effective judgment of the court, the time limit for expungement of the previous criminal records shall be re-counted from the date he/she completely serves the principal penalty or probation period of the suspended sentence under the new judgment, or from the date of expiration of the statute of limitations for execution of the new judgment.

3. For a convict who commits multiple crimes including a crime eligible for automatic criminal record expungement and a crime subject to criminal record expungement by the court, the court shall, based on the time limit prescribed in Article 71 of this Code, decide on expungement of criminal records for him/her.

4. A person who is exonerated from serving the remainder of his/her penalty shall also be considered having completely served the penalty.

CHAPTER XI

PROVISIONS APPLICABLE TO COMMERCIAL LEGAL PERSONS COMMITTING CRIMES

Article 74.Application of the Penal Code’s provisions to commercial legal persons committing crimes

Commercial legal persons committing crimes shall bear penal liability in accordance with the provisions of this Chapter, and with other provisions of Part One of this Code which are not contrary to the provisions of this Chapter.

Article 75.Conditions for commercial legal persons to bear penal liability

1. A commercial legal person shall bear penal liability only when:

a/ The criminal offense is committed in its name;

b/ The criminal offense is committed for its benefits;

c/ The criminal offense is committed under its direction, administration or approval; and,

d/ The statute of limitations for penal liability examination prescribed in Clause 2 or 3, Article 27 of this Code has not expired.

2. That a commercial legal person bears penal liability shall not exclude penal liability of individuals.

Article 76.Scope of penal liability of commercial legal persons[25]

A commercial legal person shall bear penal liability for an offense prescribed in one of Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, 246, 300 and 324 of this Code.

Article 77.Fine

1. Fine may be imposed as a principal penalty or an additional penalty on commercial legal persons committing crimes.

2. Fine amount shall be decided based on the nature and extent of danger of the crime committed, taking into account the financial state of the commercial legal person committing the crime and price fluctuations, but must not be lower than VND 50,000,000.

Article 78.Suspension from operation

1. Suspension from operationmeans the temporary cessation of the operation of a commercial legal person in one or more than one field in which the commercial legal person commits a crime, causing damage to human life or health, environment, or security or social order and safety, and such consequences can be remediated in reality.

2. The operation suspension period is between 6 months and 3 years.

Article 79.Termination of operation

1. Termination of operation means the termination of the operation of a commercial legal person in one or more than one field in which the commercial legal person commits a crime, causing or practically likely to cause damage to the lives of many people, causing environmental incidents, or causing adverse impacts on security or social order and safety, and such consequences cannot be remediated.

2. Any commercial legal person that is established for the only purpose of committing crime shall be terminated from operation forever.

Article 80.Prohibition from doing business in certain areas, prohibition from operating in certain areas

1. Prohibition from doing business in certain areas or prohibition from operating in certain areas shall be applied when it is deemed that allowing the convicted commercial legal person to continue doing business or operating in such areas may cause harm to human life and health or to the society.

2. The court shall decide on specific areas in which doing business or operation is prohibited.

3. The period of prohibition from doing business in certain areas or prohibition from operating in certain areas is between 1 year and 3 years from the date the judgment takes legal effect.

Article 81.Prohibition from raising capital

1. Prohibition from raising capital shall be applied when it is deemed that allowing the convicted commercial legal person to raise capital may run the risk of its continuation to commit crime.

2. Forms of prohibition from raising capital include:

a/ Prohibition from borrowing capital from credit institutions, foreign bank branches or investment funds[26];

b/ Prohibition from issuing or offering securities;

c/ Prohibition from raising capital from clients;

d/ Prohibition from forming domestic and overseas joint ventures and partnerships;

dd/ Prohibition from forming real estate trust funds.

3. The court shall decide to apply one or more than one form of prohibition from raising capital prescribed in Clause 2 of this Article.

4. The period of prohibition from raising capital is between 1 year and 3 years from the date the judgment takes legal effect.

Article 82.Judicial measures applied to commercial legal persons committing crimes

1. The court may decide to apply the following judicial measures to commercial legal persons committing crimes:

a/ The judicial measures prescribed in Articles 47 and 48 of this Code;

b/ Coerced restoration to the original state;

c/ Coerced implementation of a number of measures to remediate and prevent consequences.

2. The court may decide to apply the judicial measure of coercing commercial legal persons committing crimes to restore changes caused by their criminal offenses to the original state.

3. Depending on each specific case of commission of crime, the court may decide to coerce commercial legal persons committing crimes to perform one or more than one of the following measures to remediate and prevent consequences of crimes:

a/ Dismantling a work or its part built without permit or built in contravention of the granted permit;

b/ Remediating environmental pollution or the spread of an epidemic;

c/ Bringing out of the territory of the Socialist Republic of Vietnam or re-exporting goods, articles or vehicles which are illegally brought into the territory of the Socialist Republic of Vietnam or illegally imported, or are temporarily imported for re-export but are actually not re-exported in accordance with law; imported and transited goods infringing intellectual property rights or intellectual property rights- counterfeiting goods; or imported vehicles, raw materials and materials used mainly for the production of and trading in intellectual property rights-counterfeiting goods after the infringing elements have been removed;

d/ Destroying goods and articles harmful to human health, animals, plants or the environment; cultural products with harmful contents or other exhibits subject to destruction as prescribed by law;

dd/ Removing infringing elements on goods, goods packaging, equipment used for trading, or articles;

e/ Recalling infringing products and goods currently marketed.

Article 83.Bases for deciding on penalties for commercial legal persons committing crimes

The court shall decide on a penalty on the basis of this Code, the nature and extent of social danger of the criminal offense, law observance of the commercial legal person committing the crime, and its penal liability-extenuating and -aggravating circumstances.

Article 84.Penal liability-extenuating circumstances applied to commercial legal persons

1. The following circumstances shall be regarded as circumstances extenuating penal liability:

a/ Having prevented or lessened harms of the crime;

b/ Having voluntarily redressed, compensated for damage or remediated consequences;

c/ Committing the crime with no damage or minor damage caused;

d/[27]Actively cooperating with responsible agencies in detecting crimes or settling cases;

dd/ Making many contributions in the implementation of social policies.

2. When deciding on a penalty, the court may regard other circumstances as extenuating ones, but shall state the reasons for extenuation in the judgment.

3. Extenuating circumstances prescribed by this Code as signs for determining crimes or penalty brackets shall not be regarded as extenuating circumstances for deciding on penalties.

Article 85.Penal liability-aggravating circumstances applied to commercial legal persons

1. Only the following circumstances may be considered circumstances aggravating penal liability:

a/ Colluding with another commercial legal person to commit the crime;

b/ Intentionally carrying out the crime to the end;

c/ Having committed the crime twice or more;

d/ Recidivism or dangerous recidivism;

dd/ Taking advantage of a war, a state of emergency, a natural disaster, an epidemic or another special difficulty situation of the society to commit the crime;

e/ Employing a sophisticated trick to commit the crime or for the purpose of absconding or concealing the crime.

2. Circumstances prescribed by this Code as signs for determining crimes or penalty brackets shall not be regarded as aggravating circumstances.

Article 86.Decision on penalties on commercial legal persons committing multiple crimes

When adjudicating at a time a commercial legal person that commits multiple crimes, the court shall decide on a penalty for every crime, then aggregate the penalties as follows:

1.[28]For principal penalties:

a/ If all the pronounced penalties are fines, the fines shall be aggregated. Fine shall not be aggregated with other penalties;

b/ If the pronounced penalties are suspension from operation and termination of operation in the same field, or if all the pronounced penalties are termination of operation in the same field, the aggregate penalty must be termination of operation in such field;

c/ If all the pronounced penalties are suspension from operation in the same field, they shall be aggregated. The aggregate penalty must not last for more than 4 years;

d/ If the pronounced penalties include termination of operation prescribed in Clause 2, Article 79 of this Code, the aggregate penalty must be termination of all activities;

dd/ If the pronounced penalties are suspension from operation in different fields or termination of operation in different fields or suspension from operation and termination of operation in different fields, they shall not be aggregated.

2. For additional penalties:

a/ If the pronounced penalties are of the same type, the aggregate penalty shall be decided within the limit prescribed by this Code for such type of penalty; fines shall be aggregated;

b/ If the pronounced penalties are of different types, the convicted commercial legal person shall serve all.

Article 87.Aggregation of penalties under multiple judgments

1. In case a commercial legal person currently serving a judgment is adjudicated for a crime committed before such judgment is rendered, the court shall decide on a penalty for the crime being adjudicated, then decide on the aggregate penalty in accordance with Article 86 of this Code.

The period of having served the penalty under the previous judgment on suspension from operation, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital shall be included in the term of serving the aggregate penalty.

2. When adjudicating a commercial legal person that commits a new crime while serving a judgment, the court shall decide on a penalty for the new crime, then aggregate it with the unserved part of the penalty under the previous judgment before deciding on the aggregate penalty in accordance with Article 86 of this Code.

3. In case a commercial legal person has to serve multiple judgments which have taken legal effect but the penalties under these judgments have not yet been aggregated, the chief justice of the competent court shall decide to aggregate these penalties under Clause 1 or 2 of this Article.

Article 88.Penalty exoneration

Commercial legal persons committing crimes may be exonerated from penalty after having remediated all the consequences and compensated for all damage caused.

Article 89.Expungement of criminal records

Convicted commercial legal persons shall have their criminal records automatically expunged if they do not commit new crimes within 2 years after having completely served the principal penalty, additional penalties and other decisions under the judgment or after the expiration of the statute of limitations for judgment execution.

Chapter XII

PROVISIONS APPLICABLE TO CRIMINAL OFFENDERS AGED UNDER 18 YEARS

Section 1

GENERAL PROVISIONS ON CRIMINAL HANDLING OF CRIMINAL OFFENDERS AGED UNDER 18 YEARS

Article 90.Application of the Penal Code to criminal offenders aged under 18 years

Criminal offenders aged between full 14 years and under 18 years shall bear penal liability in accordance with the provisions of this Chapter and with other provisions of Part One of this Code which are not contrary to the provisions of this Chapter.

Article 91.Principles of handling criminal offenders aged under 18 years

1. The handling of criminal offenders aged under 18 years must guarantee their best interests and aims mainly at educating and helping them correct their mistakes, develop healthily and become citizens useful to the society.

The handling of criminal offenders aged under 18 years shall be based on their age, their cognition of the social danger of their crimes, and the causes and conditions for crime commission.

2.[29]Persons aged under 18 years who commit crimes in one of the following cases with many extenuating circumstances, and voluntarily remediate most of the consequences, but do not fall into the case prescribed in Article 29 of this Code, may be exonerated from penal liability and subject to one of the measures prescribed in Section 2 of this Chapter:

a/ Persons aged between full 16 years and under 18 years who commit less serious crimes or serious crimes, except the offenses prescribed in Articles 134, 141, 171, 248, 249, 250, 251 and 252 of this Code;

b/ Persons aged between full 14 years and under 16 years who commit very serious crimes defined in Clause 2, Article 12 of this Code, except the offenses prescribed in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 of this Code;

c/ Persons aged under 18 years who are accomplices playing an insignificant role in the case.

3. Penal liability examination shall be applied to criminal offenders aged under 18 years only when necessary and based on their personal records, the social danger of their criminal offenses and crime prevention requirements.

4. During adjudication, the court shall only impose penalties on criminal offenders aged under 18 years if deeming that the exoneration from penal liability and the application of one of the measures prescribed in Section 2 or the application of the measure of education at a reformatory prescribed in Section 3 of this Chapter do not ensure educational and deterrent effect.

5.  Life imprisonment or the death penalty shall not be imposed on criminal offenders aged under 18 years.

6. The court shall only impose termed imprisonment on criminal offenders aged under 18 years when deeming that other penalties and educational measures have no deterrent and preventive effect.

When imposing termed imprisonment, the court shall impose on criminal offenders aged under 18 years penalties lighter than those applied to persons aged full 18 years or older committing similar crimes with the shortest appropriate term.

Additional penalties shall not be imposed on criminal offenders aged under 18 years.

7. Sentences already pronounced on criminal offenders aged under 16 years shall not be used to determine recidivism or dangerous recidivism.

Section 2

SUPERVISION AND EDUCATION MEASURES APPLIED IN CASE OF EXONERATION FROM PENAL LIABILITY

Article 92.Application conditions

The investigation agency, procuracy or court may only decide on exoneration from penal liability and apply the measure of reprimand, reconciliation at the community or education at commune, ward or township if the criminal offender aged under 18 years or his/her lawful representative consents to such application.

Article 93.Reprimand

1.[30]Reprimand shall be applied to criminal offenders aged under 18 years who fall into one of the following cases in order to help them be clearly aware of their criminal offenses, consequences caused to the community and society, and their obligations:

a/ Persons aged between full 16 years and under 18 years commit less serious crimes for the first time in the case specified at Point a, Clause 2, Article 91 of this Code;

b/ Persons aged under 18 years are accomplices who play an insignificant role in the case.

2. The investigation agency, procuracy or court may decide to apply the measure of reprimand. The reprimand shall be served against criminal offenders aged under 18 years to the witness of their parents or lawful representatives.

3. A person subject to reprimand shall perform the following obligations:

a/ To observe the law, rules and regulations of his/her place of residence, study or work;

b/ To appear before a competent agency upon request;

c/ To attend study and job training programs organized by the local authority, and perform labor jobs in appropriate forms.

4. Competent agencies shall, on a case-by-case basis, fix a period of between 3 months and 1 year for performing the obligations prescribed at Points b and c, Clause 3 of this Article.

Article 94.Community-based reconciliation

1.[31]Community-based reconciliation may be applied to criminal offenders aged under 18 years who fall into one of the following cases:

a/ Persons aged between full 16 years and under 18 years commit less serious or serious crimes in the case specified at Point a, Clause 2, Article 91 of this Code;

b/ Persons aged between full 14 years and under 16 years commit very serious crimes in the case specified at Point b, Clause 2, Article 91 of this Code.

2. The investigation agency, procuracy or court shall coordinate with the commune-level People’s Committee in organizing community-based reconciliation when the victim or his/her lawful representative voluntarily consents to the reconciliation and requests exoneration from penal liability.

3. A person subject to community-based reconciliation shall perform the following obligations:

a/ To apologize the victim and compensate for the damage;

b/ To perform the obligations prescribed in Clause 3, Article 93 of this Code.

4.[32]Competent agencies shall, on a case-by-case basis, fix a period of between 3 months and 1 year for making an apology and compensating for the damage as prescribed at Point a, Clause 3 of this Article and the obligations specified at Points b and c, Clause 3, Article 93 of this Code.

Article 95.Education at commune, ward or township

1.[33]The investigation body, procuracy or court may apply the measure of education at commune, ward or township for a period of between 1 year and 2 years to criminal offenders aged under 18 years who fall into one of the following cases:

a/ Persons aged between full 16 years and under 18 years commit less serious crimes or serious crimes in the case specified at Point a, Clause 2, Article 91 of this Code;

b/ Persons aged between full 14 years and under 16 years commit very serious crimes in the case specified at Point b, Clause 2, Article 91 of this Code.

2. The person who is handed by the investigation agency, procuracy or court to the commune-level People’s Committee for supervision and education shall perform the following obligations:

a/ To fully perform studying and working obligations;

b/ To submit to supervision and education by his/her family and commune, ward or township;

c/ To refrain from leaving the place of residence without permission;

d/ To perform the obligations prescribed in Clause 3, Article 93 of this Code.

3.[34]If the person subject to education at commune, ward or township has served half of the education term and shown improvements, the agency that has applied this measure may, at the proposal of the commune-level People’s Committee assigned to supervise and educate him/her, decide to end the education term.

Section 3

JUDICIAL MEASURE OF EDUCATION AT REFORMATORY

Article 96.Education at reformatory

1. The court may apply the measure of education at reformatory for a period of between 1 year and 2 years to criminal offenders aged under 18 years if seeing it necessary to send these persons to an education institution with strict discipline due to the severity of their criminal offenses, their personal records and their living environment.

2. Persons who are sent to a reformatory for education shall fully perform their study, job learning and labor obligations under the management and education of such reformatory.

Article 97.Early termination of the measure of education at reformatory

If a person subject to education at a reformatory has served half of the education term and shown improvements, the court may, at the proposal of this reformatory, decide to end the education term at the reformatory.

Section 4

PENALTIES

Article 98.Penalties applicable to criminal offenders aged under 18 years

Criminal offenders aged under 18 years may only be subject to one of the following penalties for each crime committed:

1. Warning.

2. Fine.

3. Non-custodial reform.

4. Termed imprisonment.

Article 99.Fine

Fine shall be imposed as the principal penalty on persons aged between full 16 years and under 18 years if they have income or private property.

The fine amount applicable to criminal offenders aged between full 16 years and under 18 years must not exceed half of the fine amount prescribed in the relevant article.

Article 100.Non-custodial reform

1.[35]Non-custodial reform shall be applied to persons aged between full 16 years and under 18 years who unintentionally commit very serious crimes or who commit less serious crimes or serious crimes, or to persons aged between full 14 years and under 16 years who commit very serious crimes.

2. When applying non-custodial reform to criminal offenders aged under 18 years, their income shall not be deducted.

The term of non-custodial reform for criminal offenders aged under 18 years must not exceed half of the term prescribed in the relevant article.

Article 101.Termed imprisonment

Termed imprisonment applied to criminal offenders aged under 18 years is prescribed as follows:

1. For criminal offenders aged between full 16 years and under 18 years, if the applicable article prescribes life imprisonment or the death penalty, the to-be-imposed highest penalty must not exceed 18 years of imprisonment; if the applicable article prescribes termed imprisonment, the to-be-imposed highest penalty must not exceed three-quarters of the imprisonment term prescribed by such article;

2. For criminal offenders aged between full 14 years and under 16 years, if the applicable article prescribes life imprisonment or the death penalty, the to-be-imposed highest penalty must not exceed 12 years of imprisonment; if the applicable article prescribes termed imprisonment, the to-be-imposed highest penalty must not exceed half of the imprisonment term prescribed by such article.

Section 5

DECISION ON PENALTIES, AGGREGATION OF PENALTIES, EXONERATION FROM OR REDUCTION OF PENALTIES, AND EXPUNGEMENT OF CRIMINAL RECORDS

Article 102.Decision on penalties in case of preparation to commit crimes or uncompleted commission of crimes

1. The court shall decide on penalties on persons aged under 18 years who prepare to commit crimes or commit crimes in an uncompleted manner on the principles prescribed in Clause 1, Article 57 of this Code.

2. The heaviest penalty imposed on persons aged between full 14 years and under 16 years who prepare to commit crimes must not exceed one-third of the penalty in the penalty bracket for the act of preparing to commit crimes under the applicable article.

The heaviest penalty imposed on persons aged between full 16 years and under 18 years who prepare to commit crimes must not exceed half of the penalty in the penalty bracket for the act of preparing to commit crimes under the applicable article.

3. The heaviest penalty imposed on persons aged between full 14 years and under 16 years who commit crimes in an uncompleted manner must not exceed one-third of the penalty prescribed in Article 100 or 101 of this Code.

The heaviest penalty imposed on persons aged between full 16 years and under 18 years who commit crimes in an uncompleted manner must not exceed half of the penalty prescribed in Article 99, 100 or 101 of this Code.

Article 103.Aggregation of penalties in case of committing multiple crimes

1. When adjudicating at a time a person aged under 18 years committing multiple crimes, the court shall decide on a penalty for every crime, then aggregate the penalties under Article 55 of this Code.

If the aggregate penalty is non-custodial reform, the to-be-imposed penalty must not exceed 3 years. If the aggregate penalty is termed imprisonment, the to-be-imposed penalty must not exceed 18 years of imprisonment for persons who reach between full 16 years and under 18 years when committing crimes, or must not exceed 12 years of imprisonment for persons who reach from full 14 years to under 16 years when committing crimes.

2. For a person aged under 18 years committing multiple crimes, one of which is committed before he/she reaches the age of full 16 years and another is committed after he/she is full 16 years, the aggregation of penalties is prescribed as follows:

a/ If the penalty pronounced for the crime committed before this person reaches the age of full 16 years is heavier than or equivalent to the penalty pronounced for the crime committed after he/she is full 16 years, the aggregate penalty must not exceed the heaviest penalty for persons aged between full 14 years and under 16 years as prescribed in Clause 1 of this Article;

b/ If the penalty pronounced for the crime committed after this person reaches the age of full 16 years is heavier than the penalty for the crime committed before he/she is full 16 years, the aggregate penalty must not exceed the heaviest penalty for persons aged between full 16 years and under 18 years as prescribed in Clause 1 of this Article.

3. For a person committing multiple crimes, one of which is committed before he/she
reaches the age of full 18 years and another is committed after he/she is full 18 years, the aggregation of penalties is prescribed as follows:

a/ If the penalty pronounced by the court for the crime committed before this person reaches the age of full 18 years is heavier than or equivalent to the penalty imposed for the crime committed after he/she is full 18 years, the aggregate penalty must not exceed the heaviest penalty prescribed in Clause 1 of this Article;

b/ If the penalty pronounced by the court for the crime committed when this person is full 18 years is heavier than the penalty imposed for the crime committed before he/she reaches the age of full 18 years, they shall be aggregated in the same way applicable to criminal offenders aged full 18 years or older.

Article 104.Aggregation of penalties under multiple judgments

In case a person who is serving a judgment is adjudicated for a crime committed before or after such judgment is rendered, the aggregation of penalties must comply with Articles 55 and 56 of this Code.

The aggregate penalty must not exceed the heaviest penalty prescribed in Article 103 of this Code.

Article 105.Reduction of pronounced penalties

1. For criminal offenders aged under 18 years who are sentenced to non-custodial reform or imprisonment, if they have shown improvements and served one-quarter of the reform or imprisonment term, the court may consider reducing the term for them; particularly for imprisonment sentence, a reduction may be up to 4 years if these persons have served at least two-fifths of the pronounced penalty.

2. For criminal offenders aged under 18 years who are sentenced to non-custodial reform or imprisonment, if performing a feat or suffering a fatal disease, they may be considered for immediate reduction of the penalty and may be exonerated from serving the remainder of their penalty term.

3. For criminal offenders aged under 18 years who are sentenced to fine, if they fall into prolonged financial difficulties due to a natural disaster, a fire, an accident or an ailment, or perform a feat, the court may, at the proposal of the chief procurator of the procuracy, decide on reduction of the fine or exemption from payment of the unpaid fine amount.

Article 106.Conditional early release

1. Persons aged under 18 years who are serving imprisonment sentences and do not fall into the cases prescribed in Clause 2, Article 66 of this Code may be entitled to early release when fully satisfying the following conditions:

a/ Committing the crime for the first time;

b/ Having shown improvements and showing a good sense of reform;

c/ Having served one-third of the imprisonment term;

d/ Having a clear place of residence.

2. Conditional early release must comply with Clauses 3, 4 and 5, Article 66 of this Code.

Article 107.Expungement of criminal records

1. A convict aged under 18 years shall be considered having no criminal records if falling into one of the following cases:

a/ He/she is aged between full 14 years and under 16 years;

b/ He/she is aged between full 16 years and under 18 years and convicted for unintentional commission of a less serious crime, serious crime or very serious crime;

c/ He/she is subject to a judicial measure prescribed in Section 3 of this Chapter.

2.[36]A person aged between full 16 years and under 18 years who is convicted for unintentional commission of a very serious crime or commission of a particularly serious crime may have his/her criminal records automatically expunged if he/she commits no new crime within the following time limit counting from the date of completely serving the principal penalty or from the date of expiration of the statute of limitations for judgment execution:

a/ Six months, in case he/she is subject to warning, fine, non-custodial reform or suspended sentence;

b/ One year, in case he/she is sentenced to imprisonment of up to 5 years;

c/ Two years, in case he/she is sentenced to imprisonment of between over 5 years and 15 years;

d/ Three years, in case he/she is sentenced to imprisonment of over 15 years.

Part Two

OFFENSES

Chapter XIII

OFFENSES AGAINST NATIONAL SECURITY

Article 108.High treason

1. A Vietnamese citizen who enters into collusion with a foreign country aiming to cause harm to the independence, sovereignty, unity and territorial integrity of the country, the socialist regime, the State of the Socialist Republic of Vietnam, or the national defense and security potential shall be subject to imprisonment of between 12 years and 20 years, life imprisonment or death penalty.

2. Committing the offense with multiple extenuating circumstances, the offender shall be subject to imprisonment of between 7 years and 15 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 109.Carrying out activities aimed at overthrowing the people’s administration

A person who forms or joins an organization in order to overthrow the people’s administration shall be subject to:

1. Imprisonment of between 12 years and 20 years, life imprisonment or death penalty, for an organizer, instigator, active participant or a person who causes serious consequences;

2. Imprisonment of between 5 years and 12 years, for other accomplices;

3. Imprisonment of between 1 year and 5 years, for a person who prepares to commit this offense.

Article 110.Espionage

1. A person who commits one of the following acts shall be subject to imprisonment of between 12 years and 20 years, life imprisonment, or death penalty:

a/ Carrying out intelligence or sabotage activities or setting up bases for intelligence or sabotage activities against the Socialist Republic of Vietnam;

b/ Setting up bases for intelligence or sabotage activities under the direction of foreign countries; carrying out scouting, informing, harboring or way mapping activities or committing other acts to help foreigners carry out intelligence or sabotage activities;

c/ Providing, or collecting for the purpose of providing, state secrets to foreign countries; collecting or providing information and other materials for use by foreign countries against the Socialist Republic of Vietnam.

2. Committing the offense in a less serious case, the offender shall be subject to imprisonment of between 5 years and 15 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

4. A person who agreed to act as a spy but did not perform his/her assigned tasks and makes confessions and honest declarations to a competent state agency shall be exonerated from penal liability for this offense.

Article 111.Infringing upon territorial security

A person who intrudes into the territory, takes actions altering the national border, or takes other actions aiming to harm the territorial security of the Socialist Republic of Vietnam shall be subject to:

1. Imprisonment of between 12 years and 20 years or life imprisonment, for an organizer, an active participant or a person who causes serious consequences;

2. Imprisonment of between 5 years and 15 years, for other accomplices;

3. Imprisonment of between 1 year and 5 years, for a person who prepares to commit this offense.

Article 112.Rebellion[37]

A person who carries out armed activities, resorts to organized violence or destroys property of agencies, organizations and individuals aiming to oppose the people’s administration shall be subject to:

1. Imprisonment of between 12 years and 20 years, life imprisonment or death penalty, for an organizer, active participant or a person who causes serious consequences;

2. Imprisonment of between 5 years and 15 years, for other accomplices;

3. Imprisonment of between 1 year and 5 years, for a person who prepares to commit this offense.

Article 113.Terrorism aiming to oppose the people’s administration

1.[38]A person who, for the purpose of opposing the people’s administration, infringes upon the lives of cadres, civil servants or other persons, or destroys property of agencies, organizations or individuals shall be subject to imprisonment of between 12 years and 20 years, life imprisonment, or death penalty.

2.[39]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Forming or joining a terrorism organization or terrorism financing organization;

b/ Coercing, enticing, recruiting, training, or coaching terrorists; manufacturing and supplying weapons for terrorists;

c/ Infringing upon the freedom of body and health of cadres, civil servants or other persons; appropriating or damaging property of agencies, organizations or individuals;

d/ Attacking, harming, or obstructing or disordering the operation of, computer networks, telecommunications networks or electronic devices of agencies, organizations or individuals.

3.[40]Committing the offense in case of threatening to commit one of the acts prescribed in Clause 1 of this Article or committing other acts to intimidate the morale of cadres, civil servants or other persons, the offender shall be subject to imprisonment of between 5 years and 10 years.

4.  A person who terrorizes foreign individuals or organizations or international organizations in order to cause difficulties to the international relations of the Socialist Republic of Vietnam shall also be punished under this Article.

5. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 114.Sabotaging physical-technical foundations of the Socialist Republic of Vietnam

1. A person who, for the purpose of opposing the people’s administration, sabotages the physical-technical foundations of the Socialist Republic of Vietnam in political, national defense, security, economic, scientific-technical, cultural and social fields shall be subject to imprisonment of between 12 years and 20 years, life imprisonment, or death penalty.

2. Committing the offense in a less serious case, the offender shall be subject to imprisonment of between 5 years and 15 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 115.Undermining the implementation of socio-economic policies

1. A person who, for the purpose of opposing the people’s administration, undermines the implementation of socio-economic policies shall be subject to imprisonment of between 7 years and 15 years.

2. Committing the offense in a less serious case, the offender shall be subject to imprisonment of between 3 years and 7 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 6 months and 3 years.

Article 116.Undermining solidarity policies

1. A person who commits one of the following acts in order to oppose the people’s administration shall be subject to imprisonment of between 7 years and 15 years:

a/ Sowing division among people of different strata, or between the people and the people’s administration, the people’s armed forces or socio-political organizations;

b/ Sowing ethnic hatred, discrimination, division or separatism, or infringing upon the right to equality among Vietnamese ethnicities;

c/ Sowing division between religious people and non-religious people, between followers of different religions, or between religious believers and the people’s administration or socio-political organizations;

d/ Undermining the implementation of international solidarity policies.

2. Committing the offense in a less serious case, the offender shall be subject to imprisonment of between 2 years and 7 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 6 months and 3 years.

Article 117.Producing, storing, spreading or disseminating information, documents or objects aiming to oppose the State of the Socialist Republic of Vietnam

1. A person who commits one of the following acts in order to oppose the State of the Socialist Republic of Vietnam shall be subject to imprisonment of between 5 years and 12 years:

a/ Producing, storing, spreading or disseminating information, documents or objects with distorted contents defaming the people’s administration;

b/ Producing, storing, spreading or disseminating information, documents or objects with fabricated contents fomenting anxiety among the people;

c/ Producing, storing, spreading or disseminating information, documents or objects causing psychological warfare.

2. Committing the offense in a particularly serious case, the offender shall be subject to imprisonment of between 10 years and 20 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 118.Disrupting security

1. A person who, for the purpose of opposing the people’s administration, provokes, incites, or gathers many people to disrupt security, opposes persons on official duty, or obstructs activities of agencies and organizations, except the cases prescribed in Article 112 of this Code, shall be subject to imprisonment of between 5 years and 15 years.

2. Other accomplices shall be subject to imprisonment of between 2 years and 7 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 6 months and 3 years.

Article 119.Destroying detention facilities

1. A person who, for the purpose of opposing the people’s administration, destroys a detention facility, organizes escape from a detention facility, rescues detainees or persons being escorted, or escapes from a detention facility, shall be subject to imprisonment of between 10 years and 20 years or life imprisonment.

2. Committing the offense in a less serious case, the offender shall be subject to imprisonment of between 3 years and 10 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 120.Organizing, coercing, or inciting other persons to illegally emigrate or to stay abroad with the aim of opposing the people’s administration

1. A person who organizes, coerces or incites another person to illegally emigrate or stay abroad with the aim of opposing the people’s administration shall be subject to imprisonment of between 5 years and 15 years.

2. Committing the offense in a particularly serious case, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 121.Illegally emigrating or staying abroad with the aim of opposing the people’s administration

1. A person who illegally emigrates or stays abroad with the aim of opposing the people’s administration shall be subject to imprisonment of between 3 years and 12 years.

2. Committing the offense in a particularly serious case, the offender shall be subject to imprisonment of between 12 years and 20 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

 

Article 122.Additional penalties

A person who commits an offense defined in this Chapter may also be subject to deprivation of some citizens’ rights, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Chapter XIV

OFFENSES AGAINST HUMAN LIFE, HEALTH, DIGNITY OR HONOR

Article 123.Murder

1. A person who commits murder in one of the following cases shall be subject to imprisonment of between 12 years and 20 years, life imprisonment, or death penalty:

a/ Murdering 2 or more persons;

b/ Murdering a person aged under 16 years;

c/ Murdering a woman known to be pregnant;

d/ Murdering a person currently on official duty or by reason of the victim’s official duty;

dd/ Murdering his/her grandfather, grandmother, father, mother, fosterer or teacher;

e/ Committing murder right before or after committing a serious crime or a particularly serious crime;

g/ In order to carry out or conceal another offense;

h/ In order to take a body organ of the victim;

i/ In a barbarous manner;

k/ Abusing his/her profession;

l/ Using a method capable of killing many persons;

m/ Hiring or acting as a contract killer;

n/ In a hooligan manner;

o/ In an organized manner;

p/ Dangerous recidivism;

q/ With a despicable motive.

2. Committing the offense outside the cases prescribed in Clause 1 of this Article, the offender shall be subject to imprisonment of between 7 years and 15 years.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

4. The offender may also be subject to prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, probation, or prohibition of residence for between 1 year and 5 years.

Article 124.Killing or abandoning one’s newborn

1. A mother who, under the strong influence of backward thinking or in a special objective circumstance, kills her newborn within the first 7 days, shall be subject to imprisonment of between 6 months and 3 years.

2. A mother who, under the strong influence of backward thinking or in a special objective circumstance, abandons her newborn within the first 7 days, leading to the death of the child, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

Article 125.Murder in the heat of passion

1. A person who commits murder in the heat of passion caused by a serious illegal act of the victim against him/her or against his/her next of kin shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense against 2 or more persons, the offender shall be subject to imprisonment of between 3 years and 7 years.

Article 126.Manslaughter as a result of acting beyond the legitimate self-defense limit or beyond the reasonable level while arresting offenders

1. A person who commits murder as a result of acting beyond the legitimate self-defense limit or beyond the reasonable level while arresting an offender shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense against 2 or more persons, the offender shall be subject to imprisonment of between 2 years and 5 years.

Article 127.Causing human death while on official duty

1. A person on official duty who causes human death due to the use of force outside the cases permitted by law shall be subject to imprisonment of between 5 years and 10 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 8 years and 15 years:

a/ Causing the death of 2 or more persons;

b/ Against a person aged under 16 years or a woman known to be pregnant.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 128.Unintentionally causing human death

1. A person who unintentionally causes human death shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years.

2. If causing the death of 2 or more persons, the offender shall be subject to imprisonment of between 3 years and 10 years.

Article 129.Unintentionally causing human death due to breach of professional or administrative rules

1. A person who unintentionally causes human death due to breach of professional or administrative rules shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense, causing the death of 2 or more persons, the offender shall be subject to imprisonment of between 5 years and 12 years.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 130.Forced suicide

1. A person who cruelly treats, regularly bullies, maltreats or humiliates his/her dependent, making the latter commit suicide, shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Against 2 or more persons;

b/ Against a person aged under 16 years or a woman known to be pregnant.

Article 131.Inciting or aiding other persons to commit suicide

1. A person who commits one of the following acts shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Inciting, enticing or encouraging another person to kill himself/herself;

b/ Creating physical or spiritual conditions for another person to kill himself/herself.

2. Committing the offense, causing the suicide of 2 or more persons, the offender shall be subject to imprisonment of between 2 years and 7 years.

Article 132.Refusing to rescue people in life-threatening situations

1. A person who knows another person being in a life-threatening situation but refuses to rescue him/her although being able to do so, thus resulting in the latter’s death, shall be subject to warning, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ He/she has unintentionally caused the life-threatening situation;

b/ He/she is obliged by law or his/her profession to rescue people.

3. If causing the death of  2 or more persons, the offender shall be subject to imprisonment of between 3 years and 7 years.

4.The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 133.Threatening to murder

1. A person who threatens to murder another person, showing the latter grounds that such threat will be realized, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Against 2 or more persons;

b/ Abusing his/her position and powers;

c/ Against a person currently on official duty or by reason of the victim’s official duty;

d/ Against a person aged under 16 years;

dd/ In order to conceal or avoid being handled for another offense.

Article 134.Intentionally inflicting injury to, or causing harm to the health of, other persons[41]

1. A person who intentionally inflicts injury to, or causes harm to the health of, another person with an injury rate of between 11% and 30%, or with an injury rate of under 11% in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Using weapons, explosives or dangerous instruments or employing tricks capable of causing harm to many persons;

b/ Using hazardous acids or chemicals;

c/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person, or a defenseless person;

d/ Against his/her grandfather, grandmother, father, mother, teacher, fosterer or a person who gives medical treatment to him/her;

dd/ In an organized manner;

e/ Abusing his/her position and powers;

g/ While being held in custody or detention, serving an imprisonment sentence or  the judicial measure of education at a reformatory or the administrative measure of confinement to a compulsory education institution, reformatory or compulsory drug rehabilitation center;

h/ Hiring another person to inflict injury, to or cause harm to the health of, another person, or inflicting injury to, or causing harm to the health of, another person as being hired to do so;

i/ In a hooligan manner;

k/ Against a person currently on official duty or by reason of the victim’s official duty.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 6 years:

a/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of between 11% and 30% for each person;

c/ Committing the offense twice or more;

d/ Dangerous recidivism;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 11% and 30% in one of the cases prescribed at Points a thru k, Clause 1 of this Article.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, except the case prescribed at Point b, Clause 4 of this Article;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of between 31% and 60% for each person;

c/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60% in one of the cases prescribed at Points a thru k, Clause 1 of this Article;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of between 11% and 30% for each person in one of the cases prescribed at Points a thru k, Clause 1 of this Article.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 14 years:

a/ Causing human death;

b/ Inflicting facial trauma to another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 61% or higher for each person;

d/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher in one of the cases prescribed at Points a thru k, Clause 1 of this Article;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of between 31% and 60% for each person in one of the cases prescribed at Points a thru k, Clause 1 of this Article.

5. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 61% or higher for each person in one of the cases prescribed at Points a thru k, Clause 1 of this Article.

6. A person who prepares weapons, explosives, dangerous instruments, hazardous acids or chemicals, or forms or joins a criminal gang in order to inflict injury to, or cause harm to the health of, another person shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

Article 135.Intentionally inflicting injury to, or causing harm to the health of, other persons in the heat of passion

1. A person who intentionally inflicts injury to or causes harm to the health of, another person with an injury rate of between 31% and 60% in the heat of passion caused by the victim’s serious illegal act against him/her or against his/her next of kin, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 months and 3 years:

a/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person[42];

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, or resulting in human death.

Article 136.Intentionally inflicting injury to, or causing harm to the health of, other persons due to acting beyond the legitimate self-defense limit or beyond the reasonable level while arresting offenders

1. A person who intentionally inflicts injury to, or causes harm to the health of, another person with an injury rate of between 31% and 60% due to acting beyond the legitimate self-defense limit or beyond the reasonable level while arresting an offender, shall be subject to a fine of between VND 5,000,000 and VND 20,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 months and 2 years:

a/ Against 2 or more persons with an injury rate of between 31% and 60% for each person;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher.

3. Resulting in human death, or inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 61% or higher for each person, the offender shall be subject to imprisonment of between 1 year and 3 years.

Article 137.Inflicting injury to, or causing harm to the health of, other persons while performing official duties

1. A person on official duty who uses force outside the cases permitted by law, thus inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Against 2 or more persons with an injury rate of 31% or higher for each person;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person, or a defenseless person.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 138.Unintentionally inflicting injury to, or causing harm to the health of, other persons

1. A person who unintentionally inflicts injury to, or causes harm to the health of, another person with an injury rate of between 31% and 60% shall be subject to warning, a fine of between VND 5,000,000 and VND 20,000,000, or non-custodial reform for up to 1 year[43].

2. Committing the offense in one of the following cases, the offender shall be subject to non-custodial reform of between 1 year and 2 years or[44]imprisonment of between 3 months and 2 years:

a/ Against 2 or more persons with an injury rate of between 31% and 60% for each person;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher.

3. Committing the offense against 2 or more persons with an injury rate of 61% or higher for each person, the offender shall be subject to non-custodial reform of between 2 years and 3 years or[45]imprisonment of between 1 year and 3 years.

Article 139.Unintentionally inflicting injury to, or causing harm to the health of, other persons due to breach of professional or administrative rules

1. A person who unintentionally inflicts injury to, or causes harm to the health of, another person due to breach of professional or administrative ruleswith an injury rate of between 31% and 60% shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 2 years[46], or imprisonment of between 3 months and 1 year.

2. Committing the offense in one of the following cases, the offender shall be subject to non-custodial reform of between 2 years and 3 years or[47]imprisonment of between 6 months and 3 years:

a/ Against 2 or more persons with an injury rate of between 31% and 60% for each person;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher.

3. Committing the offense against 2 or more persons with an injury rate of 61% or higher for each person, the offender shall be subject to imprisonment of between 2 years and 5 years[48].

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 140.Persecuting other persons

1. A person who cruelly treats or humiliates his/her dependent, except the cases prescribed in Article 185 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person, or a defenseless person;

b/ Causing mental and behavioral disorders to the victim with an injury rate of 31% or higher[49];

c/ Against 2 or more persons.

Article 141.Rape

1.[50]A person who uses force, threatens to use force, or takes advantage of the victim’s defenselessness, or resorts to another trick in order to have sexual intercourse or another sexual act with the victim against the latter’s will, shall be subject to imprisonment of between 2 years and 7 years.

2.[51]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Against a person whom he/she has the duty to look after, educate or give medical treatment to;

c/ Many persons rape one person;

d/ Committing the offense twice or more;

dd/ Against 2 or more persons;

e/ In an incestuous manner;

g/ Making the victim pregnant;

h/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%;

i/ Dangerous recidivism.

3.[52]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

b/ Committing the offense despite knowing that he/she is infected with HIV;

c/ Causing the death or suicide of the victim.

4. Committing the offense against a person aged between full 16 years and under 18 years, the offender shall be subject to imprisonment of between 5 years and 10 years.

Committing the offense in one of the cases prescribed in Clause 2 or 3 of this Article, the offender shall be punished under such Clause.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 142.Raping persons aged under 16 years

1. A person who commits one of the following acts shall be subject to imprisonment of between 7 years and 15 years:

a/ Using force, threatening to use force, taking advantage of the victim’s defenselessness, or resorting to another trick in order to have sexual intercourse or another sexual act with a person aged between full 13 years and under 16 years against the latter’s will;

b/ Having sexual intercourse or another sexual act with a person aged under 13 years.

2.[53]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ In an incestuous manner;

b/ Making the victim pregnant;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%;

d/ Against the person whom he/she has the duty to look after, educate or give medical treatment to;

dd/ Committing the offense twice or more;

e/ Against 2 or more persons;

g/ Dangerous recidivism.

3.[54]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment, or death penalty:

a/ In an organized manner;

b/ Many persons rape one person;

c/ Against a person aged under 10 years;

d/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

dd/ Committing the offense despite knowing that he/she is infected with HIV;

e/ Causing the death or suicide of the victim.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 143.Havingforcible sexual intercourse

1. A person who employs every trick to make his/her dependent or a person being in dire straits reluctantly have sexual intercourse or another sexual act with him/her shall be subject to imprisonment of between 1 year and 5 years.

2.[55]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Many persons have forcible sexual intercourse with one person;

b/ Committing the offense twice or more;

c/ Against 2 or more persons;

d/ In an incestuous manner;

dd/ Making the victim pregnant;

e/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%;

g/ Dangerous recidivism.

3.[56]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 18 years:

a/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

b/ Committing the offense despite knowing that he/she is infected with HIV;

c/ Causing the death or suicide of the victim.

4. A person who commits forcible sexual intercourse with a person aged between full 16 years and under 18 years shall be subject to imprisonment of between 2 years and 7 years.

Committing the offense in one of the cases prescribed in Clause 2 or 3 of this Article, the offender shall be punished under such Clause.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 144.Havingforcible sexual intercourse with persons aged between full 13 years and under 16 years

1. A person who employs every trick to make a person aged between full 13 years and under 16 years who is dependent on him/her or who is in dire straits reluctantly have sexual intercourse or another sexual act with him/her shall be subject to imprisonment of between 5 years and 10 years.

2.[57]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an incestuous manner;

b/ Making the victim pregnant;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%;

d/ Committing the office twice or more;

dd/ Against 2 or more persons;

e/ Dangerous recidivism.

3.[58]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Many persons have forcible sexual intercourse with one person;

b/ Inflicting injury to, causing harm to the health of, or causing mental or behavioral disorders to, the victim with an injury rate of 61% or higher;

c/ Committing the offense despite knowing that he/she is infected with HIV;

d/ Causing the death or suicide of the victim.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 145.Having sexual intercourse or other sexual acts with persons aged between full 13 years and under 16 years

1. A person aged full 18 years or older who has sexual intercourse or another sexual act with a person aged between full 13 years and under 16 years, except the cases prescribed in Articles 142 and 144 of this Code, shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Committing the offense twice or more;

b/ Against 2 or more persons;

c/ In an incestuous manner;

d/ Making the victim pregnant;

dd/ Inflicting injury to, or causing harm to the health of, the victim with an injury rate of between 31% and 60%;

e/ Against the person whom he/she has the duty to look after, educate or give medical treatment to.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Inflicting injury to, or causing harm to the health of, the victim with an injury rate of 61% or higher;

b/ Committing the offense despite knowing that he/she is infected with HIV.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 146.Having obscenity against persons aged under 16 years

1. A person aged full 18 years or older who commits an obscene act against a person aged under 16 years not for the purpose of having sexual intercourse or another sexual act, shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Against 2 or more persons;

d/ Against a person whom he/she has the duty to look after, educate or give medical treatment to;

dd/ Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%[59];

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher[60];

b/ Causing the suicide of the victim.

4. The offenders may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 147.Employing persons aged under 16 years for the purpose of pornography

1. A person aged full 18 years or older who induces, entices or forces a person aged under 16 years to stage or directly witness pornographic performance in any form, shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Against 2 or more persons;

d/ Against a person whom he/she has the duty to look after, educate or give medical treatment to;

dd/ For commercial purposes;

e/ Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%[61];

g/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing mental or behavioral disorders to the victim with an injury rate of  61% or higher[62];

b/ Causing the suicide of the victim.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 148.Transmitting HIV to other persons

1. A person who is aware that he/she is infected with HIV but intentionally transmits HIV to another person, except the case in which the victim is aware of the former’s HIV infection and is willing to have sex with him/her, shall be subject to imprisonment between 1 year and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Against 2 or more persons;

b/ Against a person aged under 18 years, except the cases prescribed in Articles 142 and 145 of this Code[63];

c/ Against a woman known to be pregnant;

d/ Against a physician or health worker who directly gives medical treatment to him/her;

dd/ Against a person currently[64]on official duty or for reason of the victim’s official duty.

Article 149.Intentionally infecting other persons with HIV

1. A person who intentionally infects another person with HIV, if not falling into the cases prescribed in Article 148 of this Code, shall be subject to imprisonment of between 3 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Against a person currently on official duty or by reason of the victim’s official duty;

c/ Against a person aged under 18 years;

d/ Against between 2 and 5 persons;

dd/ Abusing his/her profession;

e/ Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%[65].

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Against a woman known to be pregnant;

b/ Against 6 or more persons;

c/ Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher[66];

d/ Causing the suicide of the victim.

4.The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 150.Human trafficking

1.[67]A person who uses force, threats to use force, deceives, or employs another trick to commit one of the following acts shall be subject to imprisonment of between 5 years and 10 years:

a/ Transferring or receiving a person in order to transfer or receive money, property or other material benefits;

b/ Transferring or receiving a person for the purpose of sexual exploitation or forced labor, taking a body organ of the victim, or for another inhuman purpose;

c/ Recruiting, transporting or harboring another person to commit the act prescribed at Points a or b of this Clause.

2.[68]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 8 years and 15 years:

a/ In an organized manner;

b/ With a despicable motive;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%, except the case prescribed at Point b, Clause 3 of this Article;

d/ Bringing the victim out of the border of the Socialist Republic of Vietnam;

dd/ Against between 2 and 5 persons;

e/ Committing the offense twice or more.

3.[69]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ In a professional manner;

b/ Having taken a body organ of the victim;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

d/ Causing the death or suicide of the victim;

dd/ Against 6 or more persons;

e/ Dangerous recidivism.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 151.Trafficking in persons aged under 16 years[70]

1. A person who commits one of the following acts shall be subject to imprisonment of between 7 years and 12 years:

a/ Transferring or receiving a person aged under 16 years in order to transfer or receive money, property or other material benefits, except the case for humanitarian purpose;

b/ Transferring or receiving a person aged under 16 years for the purpose of sexual exploitation or forced labor, taking a body organ of the victim, or for another inhuman purpose;

c/ Recruiting, transporting or harboring a person aged under 16 years to commit the act prescribed at Point a or b of this Clause.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Abusing his/her position and powers;

b/ Taking advantage of child adoption to commit the offense;

c/ Against between 2 and 5 persons;

d/ Against a person whom he/she has the duty to look after or nurture;

dd/ Bringing the victim out of the border of the Socialist Republic of Vietnam;

e/ Committing the offense twice or more;

g/ With a despicable motive;

h/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%, except the case prescribed at Point d, Clause 3 of this Article.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 18 years and 20 years or life imprisonment:

a/ In an organized manner;

b/ In a professional manner;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

d/ Having taken a body organ of the victim;

dd/ Causing the death or suicide of the victim;

e/ Against 6 or more persons;

g/ Dangerous recidivism.

4. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, probation, prohibition of residence, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 152.Fraudulently swapping persons aged under 1 year

1. A person who fraudulently swaps a child aged under 1 year[71]shall be subject to imprisonment of between 2 years and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers or profession;

c/ Against a child aged under 1 year whom he/she has the duty to care for or nurture;

d/ Committing the offense twice or more.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ In a professional manner;

b/ Dangerous recidivism.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 153.Abducting persons aged under 16 years

1. A person who uses force, threatens to use force, or employs another trick to abduct a person aged under 16 years or to deliver such person to another person for abduction shall be subject to imprisonment of between 3 years and 7 years.

2.[72]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Abusing his/her position and powers or profession;

c/ Against a person whom he/she has the duty to care for or nurture;

d/ Against between 2 and 5 persons;

dd/ Committing the offense twice or more;

e/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%.

3.[73]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ In a professional manner;

b/ Against 6 or more persons;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher;

d/ Causing the death of the victim;

dd/ Dangerous recidivism.

4.[74]The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

 

Article 154.Trading in or appropriating human tissues or organs

1. A person who trades in or appropriates human tissues or organs of another person shall be subject to imprisonment of between 3 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ For commercial purposes;

c/ Abusing his/her position and powers or profession;

d/ Against between 2 and 5 persons;

dd/ Committing the offense twice or more;

e/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%.

3. Committing the offense in one of the following case, the offender shall be subject to imprisonment of between 12 years and 20 years, or life imprisonment:

a/ In a professional manner;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Against 6 or more persons;

d/ Causing human death;

dd/ Dangerous recidivism.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 155.Humiliating other persons

1. A person who seriously hurts the dignity or honor of another person shall be subject to warning, a fine of between VND 10,000,000 and VND 30,000,000, or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 months and 2 years:

a/ Committing the offense twice or more;

b/ Against 2 or more persons;

c/ Abusing his/her position and powers;

d/ Against a person currently on official duty;

dd/ Against a person who educates, nurtures, looks after or gives medical treatment to him/her;

e/ Using a computer network, a telecommunications network or an electronic device to commit the offense;

g/ Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%[75].

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher[76];

b/ Causing the suicide of the victim.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 156.Slander

1. A person who commits one of the following acts shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment for between 3 months and 1 year:

a/ Fabricating or spreading information that he/she obviously knows to be untruthful in order to seriously hurt the dignity or honor or damage the lawful rights and interests of another person;

b/ Fabricating an offense of another person and denouncing him/her to a competent agency.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Against 2 or more persons;

d/ Against his/her grandparent, parent or a person who teaches, nurtures, looks after, educates or gives medical treatment to him/her;

dd/ Against a person currently on official duty;

e/ Using a computer network, a telecommunications network or an electronic device to commit the offense;

g/ Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%[77];

h/ Acusing another person of having committed a very serious crime or particularly serious crime.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment for between 3 years and 7 years:

a/ With a despicable motive;

b/ Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher[78];

c/ Causing the suicide of the victim.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.


Chapter XV

OFFENSES INFRINGING UPON HUMAN FREEDOMS OR CITIZENS’ FREEDOMS OR DEMOCRATIC RIGHTS

Article 157.Illegal arresting, holding in custody or detaining persons

1.[79]A person who illegally arrests, holds in custody or detains another person, if not falling into the cases prescribed in Articles 153 and 377 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2.[80]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Against a person currently on official duty;

d/ Committing the offense twice or more;

dd/ Against 2 or more persons;

e/ Against a person aged under 18 years, a woman known to be pregnant, an old and weak person or a defenseless person;

g/ Causing the person who is arrested, held in custody or detained or his/her family to fall into a particularly difficult economic circumstance;

h/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the person who is arrested, held in custody or detained with an injury rate of between 31% and 60%.

3.[81]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Causing the death or suicide of the person who is arrested, held in custody or detained;

b/ Torturing, treating or punishing cruelly, or injuring the dignity of, the person who is arrested, held in custody or detained;

c/ Inflicting injury to, causing harm to the health of, or causing mental or behavioral disorders to, the person who is arrested, held in custody or detained with an injury rate of 61% or higher.

4. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 158.Infringement upon other persons’ places of residence

1.[82]A person who commits one of the following acts to infringe upon another person’s place of residence shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years:

a/ Illegally searching another person’s place of residence;

b/ Illegally expelling another person from his/her place of residence;

c/ Occupying the place of residence of another person, or illegally obstructing a person who is lawfully living at or managing a place of residence in entering such place;

d/ Illegally intruding into another person’s place of residence.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Committing the offense twice or more;

d/ Causing the suicide of the person whose place of residence is infringed upon;

dd/ Causing negative impacts on security or social order and safety.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 159.Infringing upon the confidentiality or safety of mails, telephones, telegrams or other forms of private communication of other persons

1. A person who commits one of the following acts and repeats the violation although having been disciplined or administratively sanctioned for this act shall be subject to warning, a fine of between VND 20,000,000 and VND 50,000,000, or non-custodial reform for up to 3 years:

a/ Appropriating mails, telegrams, telexes, facsimiles or other documents of other persons which are transmitted via post and telecommunications networks in any form;

b/ Intentionally damaging, misplacing or obtaining information or contents of mails, telegrams, telexes, facsimiles or other documents of other persons which are transmitted via post and telecommunications networks;

c/ Illegally eavesdropping or recording conversations;

d/ Illegally searching or seizing mails or telegrams;

dd/ Committing other acts infringing upon the confidentiality or safety of mails, telephones, telegraphs, telexes, facsimiles or other forms of private communication of other persons.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Committing the offense twice or more;

d/ Disclosing the appropriated information, affecting the honor, prestige or dignity of other persons;

dd/ Causing the suicide of the victim.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 20,000,000 or prohibition from holding certain positions for between 1 year and 5 years.

Article 160.Infringing upon the citizens’ right to elect, to stand for election, or to vote when the State organizes a referendum

1. A person who deceives, bribes, forces or employs another trick to obstruct citizens from exercising their right to elect, to stand for election, or to vote when the State organizes a referendum shall be subject to warning, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 2 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Leading to the postponement of an election or a re-election, or postponement of a referendum.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 161.Falsifying election results or referendum results

1. A person who is responsible for organizing and supervising elections or organizing referenda but counterfeits papers, commits fraud in ballots or employs another trick to falsify election results or referendum results shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Leading to the reorganization of the election or referendum.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 162.Illegally coercing civil servants or public employees to resign or illegally dismissing employees

1.[83]A person who, for self-seeking purposes or with a personal motive, commits one of the following acts, causing serious consequences, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year:

a/ Issuing decisions illegally coercing civil servants or public employees to resign;

b/ Illegally dismissing workers;

c/ Forcing, or threatening to coerce civil servants, public employees or workers to resign.

2.[84]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 200,000,000 or imprisonment of between 1 year and 3 years:

a/ Against 2 or more persons;

b/ Against a woman known to be pregnant;

c/ Against a person who is nursing a child aged under 12 months;

d/ Causing the suicide of the person coerced to resign or of the dismissed person;

dd/ Causing other very serious or particularly serious consequences.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 163.Infringing upon the citizens’ right to assembly or association

1. A person who uses force, threatens to use force, or employs another trick for obstructing or coercing the lawful assembly and association by other persons, and repeats the violation although having been disciplined or administratively sanctioned for one of these acts, shall be subject to non-custodial reform for up to 1 year or imprisonment of between 3 months and 1 year.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Committing the offense twice or more;

d/ Leading to demonstrations;

dd/ Causing adverse impacts on security or social order and safety.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 164.Infringing upon other persons’ right to freedom of belief or religion

1. A person who uses force, threatens to use force, or employs another trick for obstructing or coercing other persons’ exercise of the right to freedom of belief or religion, following or not following a religion, and repeats the violation although having been disciplined or administratively sanctioned for one of these acts, shall be subject to non-custodial reform for up to 1 year or imprisonment of between 3 months and 1 year.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Committing the offense twice or more;

d/ Leading to demonstrations;

dd/ Causing adverse impacts on security or social order and safety.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 165.Infringing upon the right to gender equality

1. A person who, for a gender-related reason, commits any act in any form to obstruct another person from engaging in activities in the field of politics, economics, labor, education and training, science and technology, culture, information, physical training and sports, or health, and repeats the violation although having been disciplined or administratively sanctioned for this act, shall be subject to warning, a fine of between VND 5,000,000 and VND 50,000,000, or non-custodial reform for up to 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 50,000,000 and VND 100,000,000 or imprisonment of between 3 months and 2 years:

a/ Abusing his/her position and powers;

b/ Committing the offense twice or more;

c/ Against 2 or more persons.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 166.Infringing upon the right to complain or denounce

1. A person who commits one of the following acts shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Using force, threatening to use force, or committing other acts to obstruct the lodging of complaints or denunciations, the consideration and settlement of complaints or denunciations, or the handling of the persons against whom complaints or denunciations are lodged;

b/ Abusing his/her position and powers to obstruct the implementation of decisions of agencies competent to consider and settle complaints and denunciations, thus causing damage to the complainants or denouncers.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Taking revenge on complainants or denouncers;

c/ Abusing his/her position and powers to commit an act prescribed at Point a, Clause 1 of this Article;

d/ Leading to demonstrations;

dd/ Causing the suicide of complainants or denouncers.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 167.Infringing upon the citizens’ right to freedom of speech, freedom of press, access to information, or demonstration

1. A person who uses force, threatens to use force, or employs another trick to obstruct citizens from exercising the right to freedom of speech, freedom of press, access to information, or demonstration, and repeats the violation although having been disciplined or administratively sanctioned for one of these acts, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Causing adverse impacts on security or social order and safety.

3. The offender may also be subject to prohibition from holding positions for between 1 year and 5 years.


Chapter XVI

OFFENSES OF OWNERSHIP INFRINGEMENT

Article 168.Plundering property

1. A person who uses force, threatens to use immediate force, or commits other acts that make the person being attacked unable to resist in order to appropriate property shall be subject to imprisonment of between 3 years and 10 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 11% and 30%;

d/ Using weapons, equipment or other dangerous tricks;

dd/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

e/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person or a defenseless person;

g/ Causing adverse impacts on security or social order and safety;

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

c/ Taking advantage of a natural disaster or an epidemic.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 18 years and 20 years or life imprisonment:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher, or inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person;

c/ Causing human death;

d/ Taking advantage of a war or a state of emergency.

5. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

6. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 169.Kidnapping in order to appropriate property

1. A person who holds another person hostage in order to appropriate property shall be subject to imprisonment of between 2 years and 7 years.

2.[85]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Using weapons, equipment or other dangerous tricks;

d/ Against a person aged under 16 years;

dd/ Against 2 or more persons;

e/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

g/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 11% and 30%;

h/ Causing adverse impacts on security or social order and safety;

i/ Dangerous recidivism.

3.[86]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 18 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of between 31% and 60%.

4.[87]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Causing human death;

c/ Inflicting injury to, causing harm to the health of, or causing mental and behavioral disorders to, the victim with an injury rate of 61% or higher.

5. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

6. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 170.Extorting property

1. A person who threatens to use force or employs another trick to mentally intimidate another person in order to appropriate property shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person or a defenseless person;

d/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

dd/ Causing adverse impacts on security or social order and safety;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Taking advantage of a natural disaster or an epidemic.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Taking advantage of a war or a state of emergency.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

Article 171.Property robbery by snatching

1. A person who robs property of another person by snatching shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

d/ Employing a dangerous trick;

dd/ Committing assault in order to escape;

e/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 11% and 30%;

g/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person or a defenseless person;

h/ Causing adverse impacts on security or social order and safety;

i/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

c/ Taking advantage of a natural disaster or an epidemic.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher, or inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person;

c/ Causing human death;

d/ Taking advantage of a war or a state of emergency.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Article 172.Openly appropriating property

1. A person who openly appropriates another person’s property valued at between VND 2,000,000 and under VND 50,000,000, or property valued at under VND 2,000,000 in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for an act of appropriating property;

b/ Having been convicted of this offense or one of the offenses prescribed in Articles 168, 169, 170, 171, 173, 174, 175 and 290 of this Code and not had such conviction expunged;

c/ Causing adverse impacts on security or social order and safety;

d/ Appropriating property which is the main means of livelihood of the victim and his/her family[88].

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

b/ Committing assault in order to escape;

c/ Dangerous recidivism;

d/ Appropriating property which is relief goods.

dd/[89](annulled)

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/[90](annulled)

c/ Taking advantage of a natural disaster or an epidemic.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/[91](annulled)

c/ Taking advantage of a war or a state of emergency.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Article 173.Stealing property

1.[92]A person who steals another person’s property valued at between VND 2,000,000 and under VND 50,000,000, or property valued at under VND 2,000,000 in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for an act of appropriating property;

b/ Having been convicted of this offense or one of the offenses prescribed in Articles 168, 169, 170, 171, 172, 174, 175 and 290 of this Code and not had such conviction expunged;

c/ Causing adverse impacts on security or social order and safety;

d/ The property is the main means of livelihood of the victim and his/her family;

dd/ The property is a relic or an antique.

2.[93]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

d/ Employing a treacherous and dangerous trick;

dd/ Committing assault in order to escape;

e/ The property is a national treasure;

g/ Dangerous recidivism.

3.[94]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Taking advantage of a natural disaster or an epidemic.

4.[95]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Taking advantage of a war or a state of emergency.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000.

Article 174.Appropriating property through swindling

1. A person who appropriates through a deceitful trick another person’s property valued at between VND 2,000,000 and under VND 50,000,000, or property valued at under VND 2,000,000 in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for an act of appropriating property;

b/ Having been convicted of this offense or one of the offenses prescribed in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code and not had such conviction expunged;

c/ Causing adverse impacts on security or social order and safety;

d/ The property is the main means of livelihood of the victim and his/her family[96].

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating property valued between VND 50,000,000 and under VND 200,000,000;

d/ Dangerous recidivism;

dd/ Abusing his/her position and powers or abusing the name of an agency or organization;

e/ Employing a treacherous trick;

g/[97](annulled)

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/[98](annulled)

c/ Taking advantage of a natural disaster or an epidemic.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/[99](annulled)

c/ Taking advantage of a war or a state of emergency.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 175.Abusing trust in order to appropriate property[100]

1. A person who commits one of the following acts to appropriate another person’s property valued at between VND 4,000,000 and under VND 50,000,000, or property valued at under VND 4,000,000 although having been administratively sanctioned for an act of appropriating property or convicted for this offense or one of the offenses prescribed in Article 168, 169, 170, 171, 172, 173, 174 and 290 of this Code and such conviction has not been expunged, or appropriates property which is the main means of livelihood of the victim and his/her family, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Loaning, borrowing, renting property of another person or receiving property of another person under a contract then employing a deceitful trick or absconding in order to appropriate such property, or intentionally failing to return such property by the due date for return despite having conditions or being capable of returning;

b/ Loaning, borrowing, renting property of another person or receiving property of another person under a contract, then using such property for illegal purposes, thus being unable to return such property.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

d/ Abusing his/her position and powers or abusing the name of an agency or organization;

dd/ Employing a treacherous trick;

e/ Causing adverse impacts on security or social order and safety;

g/ Dangerous recidivism.

3. Appropriating property valued at between VND 200,000,000 and under VND 500,000,000, the offender shall be subject to imprisonment of between 5 years and 12 years.

4. Appropriating property valued at VND 500,000,000 or higher, the offender shall be subject to imprisonment of between 12 years and 20 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

 

Article 176.Illegally keeping property

1. A person who intentionally fails to return to the lawful owner or manager or fails to surrender to a responsible agency a property valued at between VND 10,000,000 and under VND 200,000,000[101]or a property valued at under VND 10,000,000 which is[102]a relic or an antique[103]mistakenly handed to him/her or discovered or found by him/her, after such owner or manager or agency requests to get back this property in accordance with law, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Keeping property valued at VND 200,000,000 or higher or being a national treasure, the offender shall be subject to imprisonment of between 1 year and 5 years.

Article 177.Illegally using property

1. A person who, for self-seeking purposes, illegally uses another person’s property valued at between VND 100,000,000 and under VND 500,000,000 although having been disciplined or administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, or the property being[104]a relic or an antique[105]valued at under VND 500,000,000, if not falling into the cases prescribed in Articles 219 and[106]220 of this Code, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 50,000,000 and VND 100,000,000 or imprisonment of between 1 year and 5 years:

a/ The property is valued at between VND 500,000,000 and under VND 1,500,000,000;

b/ The property is a national treasure;

c/ Committing the offense twice or more;

d/ Abusing his/her position and powers;

dd/ Dangerous recidivism.

3. Illegally using property valued at VND 1,500,000,000 or higher, the offender shall be subject to imprisonment of between 3 years and 7 years.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 20,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 178.Destroying or intentionally damaging property

1.[107]A person who destroys or intentionally damages another person’s property valued at between VND 2,000,000 and under VND 50,000,000, or property valued at under VND 2,000,000 in one of the following cases, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for one of the acts prescribed in this Article;

b/ Having been convicted of this offense and not had such conviction expunged;

c/ Causing adverse impacts on security or social order and safety;

d/ The property is the main means of livelihood of the victim and his/her family;

dd/ The property is a relic or an antique.

2.[108]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Causing property damage valued at between VND 50,000,000 and under VND 200,000,000;

c/ The property is a national treasure;

d/ Using a dangerous inflammable or explosion substance or employing another dangerous trick;

dd/ In order to conceal another offense;

e/ By reason of the victim’s official duty;

g/ Dangerous recidivism.

3.[109]If causing property damage valued at between VND 200,000,000 and under VND 500,000,000, the offender shall be subject to imprisonment of between 5 years and 10 years.

4.[110]If causing property damage valued at VND 500,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 179.Showing irresponsibility causing damage to property of the State, agencies, organizations or enterprises

1. A person who is directly responsible for managing property of the State, agencies, organizations or enterprises but, due to his/her irresponsibility, causes loss, ruin or waste of such property valued at between VND 100,000,000 and under VND 500,000,000, shall be subject to warning or non-custodial reform for up to 3 years.

2. If causing damage of between VND 500,000,000 and under VND 2,000,000,000 to the property of State, agencies, organizations or enterprises, the offender shall be subject to imprisonment of between 1 year and 5 years.

3. If causing damage of VND 2,000,000,000 or higher to the property of State, agencies, organizations or enterprises, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. The offender may also be[111]subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 180.Unintentionally causing serious damage to property

1. A person who unintentionally causes damage of between VND 100,000,000 and under VND 500,000,000 to another person’s property shall be subject to warning or non-custodial reform for up to 2 years.

2. If causing damage of VND 500,000,000 or higher to another person’s property, the offender shall be subject to non-custodial reform for between 2 years and 3 years or[112]imprisonment of between 3 months and 2 years.

Chapter XVII

OFFENSES AGAINST THE MARRIAGE AND FAMILY REGIME

Article 181.Forcible marriage or divorce, obstruction of voluntary and progressive marriage, or obstruction of voluntary divorce

A person who forces another person into marriage against the latter’s will, or obstructs another person from entering into marriage or maintaining voluntary and progressive marriage, or forces another person to get divorced or obtructs another person from getting divorced through persecution, ill-treatment, mental intimidation, property claim or by employing another trick, although having been administratively sanctioned for this act, shall be subject to warning, non-custodial reform for up to 3 years, or imprisonment of between 3 months and 3 years.

Article 182.Monogamy infringement

1. A married person who marries or co-habits as husband and wife with another person, or an unmarried person who marries or co-habits as husband and wife with another person he/she knows that such person is a married in one of the following cases shall be subject to warning, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year:

a/ Causing the divorce of either partner or both partners;

b/ Having been administratively sanctioned for this act.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 months and 3 years:

a/ Causing the suicide of the spouse or a child of either partner;

b/ Continuing to maintain their relationship although there is a court ruling cancelling the marriage or coercing the termination of the co-habitation, which is contrary to monogamy.

Article 183.Organizing child marriage

A person who organizes a marriage for persons under the marriageable age although he/she has been administratively sanctioned for this act shall be subject to a fine of between VND 10,000,000 and VND 30,000,000 or non-custodial reform for up to 2 years.

Article 184.Incest

A person who has sexual intercourse a another person whom he/she knows that such person is of direct blood line, a sibling or a half-sibling shall be subject to imprisonment of between 1 year and 5 years.

Article 185.Ill-treating or persecuting grandparents, parents, spouses, children, grandchildren or fosterers

1. A person who ill-treats or commits an act of violence against his/her grandparent, parent, spouse, child, grandchild or fosterer in one of the following cases shall be subject to warning, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Making the victim suffer regular physical and mental pain;

b/ Having been administratively sanctioned for this act.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Against a person aged under 16 years, a woman known to be pregnant, or an old and weak person;

b/ Against a person with severe or particularly severe disabilities or a person suffering a fatal disease.

Article 186.Refusing or shirking the obligation to provide alimony[113]

A person who has the obligation and is actually able to provide alimony for a person under law but refuses or shirks such obligation, making the alimony-eligible person fall into a situation threatening his/her life or health, or although he/she has been administratively sanctioned for one of the acts prescribed in this Article, if not falling into the cases specified in Article 380 of this Code, shall be subject to warning, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

Article 187.Organizing surrogacy for commercial purposes

1. A person who organizes surrogacy for commercial purposes shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custody reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ Against 2 or more persons;

b/ Committing the offense twice or more;

c/ Abusing the name of an agency or organization;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions, or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.


Chapter XVIII

OFFENSES AGAINST THE ECONOMIC MANAGEMENT ORDER

Section 1

OFFENSES IN THE FIELDS OF PRODUCTION, BUSINESS AND COMMERCE

Article 188.Smuggling

1.[114]A person who illegally trades across the border or from non-tariff areas into the inland or vice versa in goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 100,000,000 and under VND 300,000,000, or valued at under VND 100,000,000 in one of the following cases, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for the act prescribed in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code, or convicted of one of these offenses and not had such conviction expunged;

b/ The violating objects are relics or antiques.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,500,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ The violating objects are valued at between VND 300,000,000 and under VND 500,000,000;

d/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

dd/ The violating objects are national treasures;

e/ Abusing his/her position and powers;

g/ Abusing the name of an agency or organization;

h/ Committing the offense twice or more;

i/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,500,000,000 and VND 5,000,000,000 or imprisonment of between 7 years and 15 years:

a/ The violating objects are valued at between VND 500,000,000 and under VND 1,000,000,000;

b/ Gaining illicit profits of between VND 500,000,000 and under VND 1,000,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ The violating objects are valued at VND 1,000,000,000 or higher;

b/ Gaining illicit profits of VND 1,000,000,000 or higher;

c/ Taking advantage of a war, a natural disaster, an epidemic or another particularly difficult situation.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6.[115]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if committing the act prescribed in Clause 1 of this Article involving goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 200,000,000 and under VND 300,000,000; or relics or antiques valued at under VND 200,000,000; or goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 100,000,000 and under VND 200,000,000 although having been administratively sanctioned for the act prescribed in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code, or convicted of one of these offenses and not had such conviction expunged;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed at Points a, b, c, d, dd, h and i, Clause 2 of this Article;

c/ A fine of between VND 3,000,000,000 and VND 7,000,000,000, if falling into the cases prescribed in Clause 3 of this Article;

d/ A fine of between VND 7,000,000,000 and VND 15,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 4 of this Article;

dd/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

e/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 300,000,000, prohibition from doing business in certain areas, prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 189.Illegally transporting goods and currencies across the border

1.[116]A person who illegally transports across the border or from non-tariff areas into the inland or vice versa goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 100,000,000 and under VND 300,000,000, or valued at under VND 100,000,000 but falling into one of the following cases, shall be subject to a fine of between VND 20,000,000 and VND 200,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Having been administratively sanctioned for the act prescribed in this Article or in one of Articles 188, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code, or convicted of one of these offenses and not had such conviction expunged;

b/ The violating objects are relics or antiques.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 5 years:

a/ In an organized manner;

b/ The violating objects are valued at between VND 300,000,000 and under VND 500,000,000;

c/ The violating objects are national treasures;

d/ Abusing his/her position and powers;

dd/ Abusing the name of an agency or organization;

e/ Committing the offense twice or more;

g/ Dangerous recidivism.

3.[117]Committing the offense with the violating objects valued at VND 500,000,000 or higher, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or imprisonment of between 5 years and 10 years.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5.[118]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 200,000,000 and VND 500,000,000, if committing  the act prescribed in Clause 1 of this Article involving goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 200,000,000 and under VND 300,000,000; or relics or antiques valued at under VND 200,000,000; or goods, Vietnamese currency, foreign currencies, precious metals or gemstones valued at between VND 100,000,000 and under VND 200,000,000 although having been administratively sanctioned for the act prescribed in this Article or in one of Articles 188, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code, or convicted of one of these offenses and not had such conviction expunged;

b/ A fine of between VND 500,000,000 and VND 2,000,000,000, if falling into the cases prescribed at Points a, b, c, e and g, Clause 2 of this Article;

c/ A fine of between VND 2,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the case prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 190.Producing or trading in prohibited goods

1.[119]A person who commits one of the following acts, if not falling into the cases prescribed in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309 or 311 of this Code, shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Producing or trading in between 50 kilograms and under 100 kilograms or between 50 liters and under 100 liters of pesticides which are banned by the State from trading, sale or use;

b/ Trading in between 1,500 packs and under 3,000 packs of illegally imported cigarettes;

c/ Producing or trading in between 6 kilograms and under 40 kilograms of firecrackers;

d/ Producing or trading in other goods banned by the State from trading, sale or use which are valued at between VND 100,000,000 and under VND 300,000,000 or gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

dd/ Producing or trading in goods not yet permitted for sale or use in Vietnam which are valued at between VND 200,000,000 and under VND 500,000,000 or gaining illicit profits of between VND 100,000,000 and under VND 300,000,000;

e/ Producing or trading in goods with a weight, volume, quantity or value lower than the level specified at Point a, b, c, d or dd of this Clause although having been administratively sanctioned for one of the acts specified in this Article or in one of Articles 188, 189, 191, 192, 193, 194, 195, 196 and 200 of this Code or convicted of one of these offenses and not had such conviction expunged.

2.[120]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Abusing the name of an agency or organization;

d/ In a professional manner;

dd/ Involving between 100 kilograms and under 300 kilograms or between 100 liters and under 300 liters of pesticides which are banned by the State from trading, sale or use;

e/ Involving between 3,000 packs and under 4,500 packs of illegally imported cigarettes;

g/ Involving between 40 kilograms and under 120 kilograms of firecrackers;

h/ Involving other goods banned by the State from trading, sale or use which are valued at between VND 300,000,000 and under VND 500,000,000 or gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

i/ Involving goods not yet permitted for sale or use in Vietnam which are valued at between VND 500,000,000 and under VND 1,000,000,000 or gaining illicit profits of between VND 300,000,000 and under VND 700,000,000;

k/ Cross-border trading, except for illegally imported cigarettes;

l/ Dangerous recidivism.

3.[121]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 8 years and 15 years:

a/ Involving 300 kilograms or more or 300 liters or more of pesticides which are banned by the State from trading, sale or use;

b/ Involving 4,500 packs or more of illegally imported cigarettes;

c/ Involving 120 kilograms or more of firecrackers;

d/ Involving other goods banned by the State from trading, sale or use which are valued at VND 500,000,000 or higher or gaining illicit profits of VND 500,000,000 or higher;

dd/ Involving goods not yet permitted for sale or use in Vietnam which are valued at VND 1,000,000,000 or higher or gaining illicit profits of VND 700,000,000 or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[122]A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[123]A fine of between VND 3,000,000,000 and VND 6,000,000,000, if falling into one of the cases prescribed at Points a, d, dd, e, g, h, i, k and l, Clause 2 of this Article;

c/[124]A fine of between VND 6,000,000,000 and VND 9,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 191.Stockpiling or transporting prohibited goods

1.[125]A person who stockpiles or transports prohibited goods in one of the following cases, if not falling into the cases prescribed in Articles 232, 234, 239, 244, 246, 249, 250, 253, 254, 304, 305, 306, 309 or 311 of this Code, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment of between 6 months and 3 years:

a/ Involving between 50 kilograms and under 100 kilograms or between 50 liters and under 100 liters of pesticides banned by the State from trading, sale or use;

b/ Involving between 1,500 packs and under 3,000 packs of illegally imported cigarettes;

c/ Involving between 6 kilograms and under 40 kilograms of firecrackers;

d/ Involving other goods banned by the State from trading, sale or use which are valued at between VND 100,000,000 and under VND 300,000,000 or gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

dd/ Involving goods not yet permitted for sale or use in Vietnam which are valued at between VND 200,000,000 and under VND 500,000,000 or gaining illicit profits of between VND 100,000,000 and under VND 300,000,000;

e/ Involving goods with a weight, volume, quantity or value below the level specified at Point a, b, c, d or dd of this Clause but the offender has been administratively sanctioned for one of the acts specified in this Article or in one of Articles 188, 189, 190, 192, 193, 194, 195, 196 and 200 of this Code, or convicted of one of these offenses and not had such conviction expunged.

2.[126]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 5 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Abusing the name of an agency or organization;

d/ In a professional manner;

dd/ Involving between 100 kilograms and under 300 kilograms or between 100 liters and under 300 liters of pesticides banned by the State from trading, sale or use;

e/ Involving between 3,000 packs and under 4,500 packs of illegally imported cigarettes;

g/ Involving between 40 kilograms and under 120 kilograms of firecrackers;

h/ Involving other goods banned by the State from trading, sale or use which are valued at between VND 300,000,000 and under VND 500,000,000 or gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

i/ Involving goods not yet permitted for sale or use in Vietnam which are valued at between VND 500,000,000 and under VND 1,000,000,000 or gaining illicit profits of between VND 300,000,000 and under VND 700,000,000;

k/ Cross-border transportation, except for illegally imported cigarettes;

l/ Dangerous recidivism.

3.[127]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Involving 300 kilograms or more or 300 liters or more of pesticides banned by the State from trading, sale or use;

b/ Involving 4,500 packs or more of illegally imported cigarettes;

c/ Involving 120 kilograms or more of firecrackers;

d/ Involving other goods banned by the State from trading, sale or use which are valued at VND 500,000,000 or higher or gaining illicit profits of VND 500,000,000 or higher;

dd/ Involving goods not yet permitted for sale or use in Vietnam which are valued at VND 1,000,000,000 or higher or gaining illicit profits of VND 700,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[128]A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/[129]A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into one of the cases prescribed at Points a, d, dd, e, g, h, i, k and l, Clause 2 of this Article;

c/[130]A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 192.Producing or trading in counterfeit goods

1.[131]A person who produces or trades in counterfeit goods in one of the following cases, if not falling into the cases prescribed in Articles 193, 194 or 195 of this Code, shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at between VND 30,000,000 and under VND 150,000,000, or valued at under VND 30,000,000 but the offender has been administratively sanctioned for one of the acts prescribed in this Article or in Article 188, 189, 190, 191, 193, 194, 195, 196 or 200 of this Code, or has been convicted of one of these offenses and not had such conviction expunged;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

c/ Gaining illicit profits of between VND 50,000,000 and under VND 100,000,000;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2.[132]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at between VND 150,000,000 and under VND 500,000,000;

e/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

g/ Causing human death;

h/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

i/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of between 61% and 121%;

k/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

l/ Cross-border trading;

m/ Dangerous recidivism.

3.[133]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at VND 500,000,000 or higher;

b/ Gaining illicit profits of VND 500,000,000 or higher;

c/ Causing the death of 2 or more persons;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of 122% or higher;

dd/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[134]A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/[135]A fine of between VND 3,000,000,000 and VND 6,000,000,000, if falling into one of the cases prescribed at Points a, b, dd, e, g, h, i, k, l and m, Clause 2 of this Article;

c/ A fine of between VND 6,000,000,000 and VND 9,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 193.Producing or trading in counterfeit goods being food, foodstuff or food additives

1. A person who produces or trades in counterfeit goods being food, foodstuff or food additives shall be subject to imprisonment of between 2 years and 5 years.

2.[136]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Dangerous recidivism;

d/ Abusing his/her position and powers;

dd/ Abusing the name of an agency or organization;

e/ Cross-border trading;

g/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at between VND 150,000,000 and under VND 500,000,000;

h/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

i/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

k/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3.[137]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at VND 500,000,000 or higher;

b/ Gaining illicit profits of between VND 500,000,000 and under VND 1,500,000,000;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

d/ Causing human death;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of between 61% and 121%.

4.[138]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Gaining illicit profits of VND 1,500,000,000 or higher;

b/ Causing property damage of VND 1,500,000,000 or higher;

c/ Causing the death of 2 or more persons;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of 122% or higher.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6.[139]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/ A fine of between VND 3,000,000,000 and VND 6,000,000,000, if falling into one of the cases prescribed at Points a, b, c, e, g, h, i and k, Clause 2 of this Article;

c/ A fine of between VND 6,000,000,000 and VND 9,000,000,000, if falling into the cases prescribed in Clause 3 of this Article;

d/ A fine of between VND 9,000,000,000 and VND 18,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 4 of this Article;

dd/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

e/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 300,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 194.Producing or trading in counterfeit goods being curative medicines or preventive medicines

1. A person who produces or trades in counterfeit goods being curative medicines or preventive medicines shall be subject to imprisonment of between 2 years and 7 years.

2.[140]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Dangerous recidivism;

d/ Abusing his/her position and powers;

dd/ Abusing the name of an agency or organization;

e/ Cross-border trading;

g/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at between VND 150,000,000 and under VND 500,000,000;

h/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

i/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

k/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3.[141]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses which are valued at VND 500,000,000 or higher;

b/ Gaining illicit profits of between VND 500,000,000 and under VND 2,000,000,000;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of between 61% and 121%;

e/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4.[142]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment, or death penalty:

a/ Gaining illicit profits of VND 2,000,000,000 or higher;

b/ Causing the death of 2 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of 122% or higher;

dd/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6.[143]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 4,000,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/ A fine of between VND 4,000,000,000 and VND 9,000,000,000, if falling into one of the cases prescribed at Points a, b, c, e, g, h, i and k, Clause 2 of this Article;

c/ A fine of between VND 9,000,000,000 and VND 15,000,000,000, if falling into the cases prescribed in Clause 3 of this Article;

d/ A fine of between VND 15,000,000,000 and VND 20,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 4 of this Article;

dd/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

e/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 300,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 195.Producing or trading in counterfeit goods being animal feeds, fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds[144]

1.[145]A person who produces or trades in counterfeit goods being animal feeds, fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds in one of the following cases shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications or uses which are valued at between VND 30,000,000 and under VND 150,000,000, or which are valued at under VND 30,000,000 but the offender has been administratively sanctioned for one of the acts prescribed in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196 and 200 of this Code or has been convicted of one of these offenses and not had such conviction expunged;

b/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

c/ Gaining illicit profits of between VND 50,000,000 and under VND 100,000,000

2.[146]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Dangerous recidivism;

d/ Abusing his/her position and powers;

dd/ Abusing the name of an agency or organization;

e/ Cross-border trading;

g/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods of the same technical specifications or uses which are valued at between VND 150,000,000 and under VND 500,000,000;

h/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

i/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000.

3.[147]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications or uses which are valued at VND 500,000,000 or higher;

b/ Causing property damage of between VND 1,500,000,000 and under VND 3,000,000,000;

c/ Gaining illicit profits of between VND 500,000,000 and under VND 2,000,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Causing property damage of VND 3,000,000,000 or higher.

b/ Gaining illicit profits of VND 2,000,000,000 or higher.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6.[148]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 3,000,000,000 and VND 6,000,000,000, if falling into one of the cases prescribed at Points a, b, c, e, g, h and i, Clause 2 of this Article;

c/ A fine of between VND 6,000,000,000 and VND 9,000,000,000, if falling into the cases prescribed in Clause 3 of this Article;

d/ A fine of between VND 9,000,000,000 and VND 15,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 4 of this Article;

dd/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

e/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 300,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 196.Speculation

1. A person who takes advantage of the scarcity of goods or creates a sham scarcity of goods during a natural disaster, an epidemic, a war or a situation of economic hardship to buy up goods on the list of valorized-price goods or the list of State-priced goods in order to resell them for gaining illicit profits in one of the following cases shall be subject to a fine of between VND 30,000,000 and VND 300,000,000 or imprisonment of between 6 months and 3 years:

a/ Involving goods valued at between VND 500,000,000 and under VND 1,500,000,000;

b/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,500,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Abusing the name of an agency or organization;

d/ Involving goods valued at between VND 1,500,000,000 and under VND 3,000,000,000;

dd/ Gaining illicit profits of between VND 500,000,000 and under VND 1,000,000,000;

e/ Causing adverse impacts on security or social order and safety.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,500,000,000 and VND 5,000,000,000 or imprisonment of between 7 years and 15 years:

a/ Involving goods valued at VND 3,000,000,000 or higher;

b/ Gaining illicit profits of VND 1,000,000,000 or higher;

c/ Dangerous recidivism.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 1,000,000,000 and VND 4,000,000,000, if falling into one of the cases prescribed at Point a, d, dd and e, Clause 2 of this Article[149];

c/ A fine of between VND 4,000,000,000 and VND 9,000,000,000, if falling into the cases prescribed in Clause 3 of this Article;

d/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 300,000,000, prohibition from doing business in certain areas or prohibition[150]from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 197.Making false advertisements

1. A person who falsely advertises goods or services although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged shall be subject to a fine of between VND 10,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000 or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 198.Deceiving customers

1. A person who, in the purchase or sale of goods or provision of services, trickily weighs or measures, fraudulently counts goods or services or employs another deceitful trick in one of the following cases, shall be subject to warning, a fine of between VND 10,000,000 and VND 100,000,000, or non-custodial reform for up to 3 years:

a/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged;

b/ Gaining illicit profits of between VND 5,000,000 and under VND 50,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Employing a treacherous trick.

d/ Gaining illicit profits of VND 50,000,000 or higher.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000 or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 199.Violating regulations on electricity supply[151]

1. A responsible person who illegally switches off power sources, cuts off electricity or refuses to supply electricity or delays the handling of electrical incidents without a plausible reason in one of the following cases shall be subject to a fine of between VND 30,000,000 and VND 150,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of between 61% and 121%;

c/ Causing property damage of between VND 200,000,000 and under VND 500,000,000;

d/ Having been disciplined or administratively sanctioned for one of the acts prescribed in this Article, or convicted of this offense and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine between VND 150,000,000 and VND 500,000,000 or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with the aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Section 2

OFFENSES IN THE FIELDS OF TAXATION, FINANCE, BANKING, SECURITIES AND INSURANCE

Article 200.Tax evasion

1.[152]A person who commits one of the following acts to evade a tax amount of between VND 100,000,000 and under VND 300,000,000, or a tax amount of under VND 100,000,000 although he/she has been administratively sanctioned for the act of tax evasion, or convicted of this offense or one of the offenses prescribed in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 202, 250, 251, 253, 254, 304, 305, 306, 309 and 311 of this Code and not had such conviction expunged, shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 3 months and 1 year:

a/ Failing to submit tax registration dossiers; failing to submit tax declaration dossiers; submitting tax declaration dossiers 90 days later than the deadline for dossier submission or the extended deadline for dossier submission as prescribed by law;

b/ Failing to record in account books revenues related to the determination of payable tax amounts;

c/ Failing to issue invoices when selling goods or providing services, or writing in sales invoices values lower than the values actually paid for the goods sold or services provided;

d/ Using unlawful invoices or documents to record input goods and materials in tax-liable activities, thus reducing payable tax amounts, increasing exemptible, reducible, deductible or refundable tax amounts;

dd/ Using other unlawful documents to wrongfully determine payable or refundable tax amounts;

e/ Making incorrect declarations as compared to the actually imported or exported goods but failing to make additional declarations after the goods have gone through customs procedures, if not falling into the case prescribed in Article 188 or 189 of this Code;

g/ Deliberately failing to make tax declarations or making incorrect tax declarations for imported or exported goods, if not falling into the case prescribed in Article 188 or 189 of this Code;

h/ Entering into collusion with goods consignors to import goods, if not falling into the case prescribed in Article 188 or 189 of this Code;

i/ Using goods not liable to tax or goods eligible for tax exemption or tax exemption consideration for improper purposes without informing tax administration agencies of the change of their use purposes.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,500,000,000 or imprisonment of between 1 year and 3 years.

a/ In an organized manner;

b/ The evaded tax amount is between VND 300,000,000 and under VND 1,000,000,000;

c/ Abusing his/her position and powers;

d/ Committing the offense twice or more;

dd/ Dangerous recidivism.

3. Committing the offense with an evaded tax amount of VND 1,000,000,000 or higher, the offender shall be subject to a fine of between VND 1,500,000,000 and VND 4,500,000,000 or imprisonment of between 2 years and 7 years.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

5.[153]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if committing one of the acts prescribed in Clause 1 of this Article with an evaded tax amount of VND 200,000,000 and under VND 300,000,000, or with an evaded tax amount of between VND 100,000,000 and under VND 200,000,000 although having been administratively sanctioned for the act of tax evasion, or having been convicted of this offense or one of the offenses prescribed in Articles 188 thru 196 of this Code and not had such conviction expunged;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into one of the cases prescribed at Points a, b, d and dd, Clause 2 of this Article;

c/ A fine of between VND 3,000,000,000 and VND 10,000,000,000, or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 201.Usury in civil transactions

1. A person who provides loans in civil transactions at an interest rate 5 times or more higher than the highest interest rate[154]prescribed in the Civil Code, gaining illicit profits of between VND 30,000,000 and under VND 100,000,000, or although having been administratively sanctioned for this act, or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense, gaining illicit profits of VND 100,000,000 or higher[155], the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 6 months and 3 years.

3. The offender may also be subject to a fine of between VND 30,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 202.Making or trafficking in counterfeit stamps or tickets

1. A person who makes or trades in counterfeit stamps or tickets in one of the following cases shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Involving between 15,000 to under 30,000 pieces of counterfeit stamps or tickets without par value;

b/ Involving counterfeit stamps or tickets with a total par value of between VND 50,000,000 and under VND 200,000,000;

c/ Having been administratively sanctioned for this act, or convicted of this offense and not had such conviction expunged;

d/ Gaining illicit profits of between VND 30,000,000 and under VND 100,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or sentenced to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Involving 30,000 pieces or more of counterfeit stamps or tickets without par value;

d/ Involving counterfeit stamps or tickets with a total par value of VND 200,000,000 or higher;

dd/ Gaining illicit profits of VND 100,000,000 or higher;

e/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 203.Illegally printing, issuing, or purchasing and selling invoices and documents of payments to the state budget

1. A person who illegally prints, issues, or purchases or sells invoices and documents of payments to the state budget, involving between 50 and under 100 of blank invoices or documents or between 10 and under 30 of filled invoices and documents or gaining illicit profits of between VND 30,000,000 and under VND 100,000,000, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000[156]or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Abusing his/her position and powers;

d/ Involving 100 or more blank invoices and documents or 30 or more filled invoices and documents;

dd/ Gaining illicit profits of VND 100,000,000 or higher;

e/ Causing a loss of VND 100,000,000 or higher to the state budget;

g/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 100,000,000 and VND 500,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/ A fine of between VND 500,000,000 and VND 1,000,000,000, if falling into one of the cases prescribed at Point a, b, d, dd, e and g, Clause 2 of this Article[157];

c/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

d/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, for between 1 year and 3 years or prohibition from raising capital for between 1 year and 3 years.

Article 204.Violating regulations on preservation and management of invoices and documents of payments to the state budget

1. A person who is responsible for perserving and managing invoices and documents but violates state regulations on preservation and management of invoices and documents of payments to the state budget, causing a loss of between VND 100,000,000 and under VND 500,000,000 to the state budget or to another person, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 6 months and 3 years:

a/ Committing the offense twice or more;

b/ Causing a loss of VND 500,000,000 or higher.

3. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years.

Article 205.Illegally setting up funds

1. A person who abuses his/her position and powers to illegally set up a fund and has used such fund causing damage of between VND 50,000,000 and under VND 200,000,000 to state property, or although he/she has been disciplined for this act, shall be subject to a fine between VND 50,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 1 year and 5 years:

a/ Employing a treacherous trick to avoid being controlled;

b/ In order to commit another illegal act;

c/ Causing damage of between VND 200,000,000 and under VND 1,000,000,000 to state property.

3. If causing damage of VND 1,000,000,000 or higher to state property, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. The offender shall also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, and may be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 206.Violating regulations on banking operations and other activities related to banking operations[158]

1.[159]A person who commits one of the following acts, causing property damage of between VND 100,000,000 and under VND 300,000,000 to another person, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment of between 6 months and 3 years:

a/ Extending credit to ineligible entities, except credit extension through issuance of credit cards;

b/ Extending unsecured restrictions credit or extending credit with preferential conditions to entities restricted from credit extension as prescribed by law;

c/ Violating prudential ratios in operations of credit institutions and foreign bank branches as prescribed by the Law on Credit Institutions;

d/ Intentionally increasing the value of collaterals upon their valuation for credit extension in cases in which collateral is required;

dd/ Violating regulations on total outstanding credit balance applicable to entities restricted from credit extension;

e/ Extending credit in excess of the equity-based limit to a client and related persons, unless it is approved by a competent person in accordance with law;

g/ Violating regulations on capital contribution, limit of capital contribution, purchase of shares, or conditions for credit extension;

h/ Issuing, supplying or using unlawful payment instruments; forging payment documents or instruments; or using forged payment documents or instruments;

i/ Illegally trading in gold or foreign exchange;

k/ Conducting banking operations without permission of a competent state agency under the Law on the State Bank of Vietnam and Law on Credit Institutions.

2. Committing the offense, causing property damage of between VND 300,000,000 and under VND 1,000,000,000, the offender shall be subject to imprisonment of between 3 years and 7 years.

3. Committing the offense, causing property damage of between VND 1,000,000,000 and under VND 3,000,000,000, the offender shall be subject to imprisonment of between 7 years and 12 years.

4. Committing the offense, causing property damage of VND 3,000,000,000 or higher, the offender shall be subject to imprisonment of between 12 years and 20 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 207.Making, stockpiling, transporting or circulating counterfeit money

1. A person who makes, stockpiles, transports or circulates counterfeit money shall be subject to imprisonment of between 3 years and 7 years.

2. Committing the offense with the value of counterfeit money equivalent to between VND 5,000,000 and under VND 50,000,000, the offender shall be subject to imprisonment of between 5 years and 12 years.

3. Committing the offense with the value of counterfeit money equivalent to VND 50,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years or life imprisonment.

4. A person who prepares to commit this offense shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 3 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

Article 208.Making, stockpiling, transporting or circulating counterfeit negotiable instruments or other counterfeit valuable papers

1. A person who makes, stockpiles, transports or circulates counterfeit negotiable instruments or other counterfeit valuable papers shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense with the value of counterfeit negotiable instruments or other counterfeit valuable papers equivalent to between VND 10,000,000 and under VND 100,000,000, the offender shall be subject to imprisonment of between 5 years and 10 years.

3. Committing the offense with the value of counterfeit negotiable instruments or other counterfeit valuable papers equivalent to between VND 100,000,000 and under VND 300,000,000, the offender shall be subject to imprisonment of between 10 years and 15 years.

4. Committing the offense with the value of counterfeit negotiable instruments or other counterfeit valuable papers equivalent to VND 300,000,000 or higher, the offender shall be subject to imprisonment of between 15 years and 20 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

Article 209.Intentionally disclosing false information or concealing information in securities activities

1. A person who intentionally discloses false information or conceals information in securities offering, listing, transaction and trading, organization of the securities market, or securities registration, deposit, clearing or payment in one of the following cases shall be subject to a fine of between VND 100,000,000 and VND 500,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Causing damage of between VND 1,000,000,000 and under VND 3,000,000,000 to investors;

b/ Gaining illicit profits of between VND 500,000,000 and under VND 1,000,000,000;

c/ Having been administratively sanctioned for the act of disclosing false information or concealing information in securities activities, or convicted of this offense and not had such conviction expunged[160].

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Gaining illicit profits of VND 1,000,000,000 or higher;

c/ Causing damage of VND 3,000,000,000 or higher to investors;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 500,000,000 and VND 2,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 2,000,000,000 and VND 5,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/ The commercial legal person may also be subject to prohibition from doing business in certain areas or prohibition[161]from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 210.Using internal information for securities trading

1. A person who knows information relating to a public company or public fund which has not yet been disclosed and, if being disclosed, is likely to greatly affect the price of securities of such public company or public fund, and uses such information for securities trading or reveals or provides such information or advises another person to trade in securities on the basis of such information, gaining illicit profits of between VND 300,000,000 and under VND 1,000,000,000 or causing damage of between VND 500,000,000 and under VND 1,500,000,000 to investors, shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 5,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Gaining illicit profits of VND 1,000,000,000 or higher;

c/ Causing damage of VND 1,500,000,000 to investors;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions, or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 5,000,000,000, if falling into the case prescribed in Clause 1 of this Article;

b/ A fine of between VND 5,000,000,000 and VND 10,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/ The commercial legal person may also be subject to prohibition from doing business in certain areas or prohibition[162]from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 211.Manipulating the securities market

1. A person who commits one of the following acts, gaining illicit profits of between VND 500,000,000 and under VND 1,500,000,000 or causing damage of between VND 1,000,000,000 and under VND 3,000,000,000 to investors, shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 6 months and 3 years:

a/ Using one or more than one transaction account of his/her own or of another person or colluding with another person to trade in securities on a continuous basis in order to create sham supply and demand;

b/ Colluding with another person to place orders to buy and sell securities of the same type on the same trading day, or colluding with another person to buy and sell securities without actual transfer of ownership or with ownership transferred only among members of a group to create securities prices or sham supply and demand;

c/ Continuously buying or selling securities with a controlling quantity at the opening or closing time of the market in order to set a new closing or opening price for such type of securities on the market;

d/ Conducting securities transactions through colluding with or inciting another person to continuously place orders to buy and sell securities to greatly affect securities supply and demand or securities prices or manipulate securities prices;

dd/ Giving opinions directly or via the mass media about a type of securities or securities issuer in order to influence the price of such type of securities after conducting transactions and holding a certain position for such type of securities;

e/ Using other methods or committing other acts of conducting transactions to create sham supply and demand or manipulate securities prices.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 4,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Gaining illicit profits of VND 1,500,000,000 or higher;

c/ Causing damage of VND 3,000,000,000 or higher to investors;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 250,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 5,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 5,000,000,000 and VND 10,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

d/ The commercial legal person may also be subject to a fine of between VND 500,000,000 and VND 2,000,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year and 3 years, or prohibition from raising capital for between 1 year and 3 years.

Article 212.Forging documents in securities offering or securities listing dossiers

1. A person who forges documents in securities offering or securities listing dossiers, gaining illicit profits of between VND 1,000,000,000 and under VND 2,000,000,000 or causing damage of between VND 1,500,000,000 and under VND 3,000,000,000 to investors, shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 5,000,000,000 or imprisonment of between 2 years and 7 years:

a/ Gaining illicit profits of VND 2,000,000,000 or higher;

b/ Causing damage of VND 3,000,000,000 or higher to investors;

c/ In an organized manner;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 250,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 213.Committing frauds in insurance business

1.[163]A person who commits one of the following acts, appropriating an insurance money amount of between VND 20,000,000 and under VND 100,000,000 or causing damage of between VND 50,000,000 and under VND 200,000,000, if not falling into the cases prescribed in Articles 174, 353 and 355 of this Code, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years:

a/ Colluding with insurance beneficiaries to settle insurance claims or pay insurance money in contravention of law;

b/ Forging documents or intentionally falsifying information to refuse to pay compensation or insurance money although the insured event has occurred;

c/ Forging documents or intentionally falsifying information in compensation or benefit claim dossiers;

d/ Causing damage to his/her own property or health in order to enjoy insurance benefits, unless otherwise prescribed by a law.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 300,000,000 or imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Employing a sophisticated or treacherous trick;

c/ Appropriating an insurance money amount of between VND 100,000,000 and under VND 500,000,000;

d/ Causing damage of between VND 200,000,000 and under VND 1,000,000,000;

dd/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Appropriating an insurance money amount of VND 500,000,000 or higher;

b/ Causing damage of VND 1,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5.[164]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 200,000,000 and VND 1,000,000,000, if committing one of the acts prescribed in Clause 1 of this Article, appropriating an insurance money amount of between VND 200,000,000 and under VND 1,000,000,000 or causing damage of between VND 400,000,000 and under VND 2,000,000,000;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if committing the offense in one of the cases prescribed at Points a, b and dd, Clause 2 of this Article or appropriating an insurance money amount of between VND 1,000,000,000 and under VND 3,000,000,000 or causing damage of between VND 2,000,000,000 and under VND 5,000,000,000;

c/ A fine of between VND 3,000,000,000 and VND 7,000,000,000, if falling into the cases prescribed in Clause 3 of this Article, appropriating an insurance money amount of VND 3,000,000,000 or higher, or causing damage of VND 5,000,000,000 or higher;

d/ The commercial legal person may also be subject to prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 214.Committing frauds in social insurance, unemployment insurance

1. A person who commits one of the following acts, appropriating a social insurance or an unemployment insurance money amount of between VND 10,000,000 and under VND 100,000,000, or causing damage of between VND 20,000,000 and under VND 200,000,000, if not falling into one of the cases prescribed in Article 174, 353 and 355 of this Code, shall be subject to a fine between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Forging social insurance or unemployment insurance dossiers or falsifying their contents to deceive social insurance agencies;

b/ Using forged or falsified dossiers to deceive social insurance agencies in order to enjoy social insurance or unemployment insurance benefits;

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 200,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating a social insurance money amount or an unemployment insurance money amount of between VND 100,000,000 and under VND 500,000,000;

d/ Causing damage of between VND 200,000,000 and under VND 500,000,000;

dd/ Employing a sophisticated or treacherous trick;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Appropriating a social insurance or an unemployment insurance money amount of VND 500,000,000 or higher;

b/ Causing damage of VND 500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 215.Committing frauds in health insurance

1. A person who commits one of the following acts, appropriating a health insurance money amount between VND 10,000,000 and under VND 100,000,000 or causing damage of between VND 20,000,000 and under VND 200,000,000, if not falling into one of the cases prescribed in Article 174, 353 and 355 of this Code, shall be subject to a fine between VND 20,000,000 and under VND 100,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Making medical records for or giving prescriptions to fictitious patients, inflating the quantity of actually used drugs, medical consumables or technical services or the amount of actually arisen inpatient bed costs and other costs or declaring drugs, medical consumables, technical services, inpatient bed costs and other costs not used or arisen in reality;

b/ Forging health insurance dossiers or health insurance cards, using health insurance cards granted to fictitious holders, counterfeit, revoked or modified health insurance cards or health insurance cards of others in medical examination and treatment to illegally enjoy health insurance benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 200,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Appropriating a health insurance money amount of between VND 100,000,000 and under VND 500,000,000;

d/ Causing damage of between VND 200,000,000 and under VND 500,000,000;

dd/ Employing a sophisticated or treacherous trick;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Appropriating a health insurance money amount of VND 500,000,000 or higher;

b/ Causing damage of VND 500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 216.Evading payment of social insurance, health insurance, unemployment insurance premiums for employees

1. A person who is obliged to pay social insurance, health insurance or unemployment insurance premiums for employees but commits a deceitful act or employs another trick to evade paying or insufficiently pay according to regulations premiums for 6 months or more in one of the following cases or although having been administratively sanctioned for this act, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year:

a/ Evading paying an insurance premium amount of between VND 50,000,000 and under VND 300,000,000;

b/ Evading paying insurance premiums for between 10 and under 50 employees.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 6 months and 3 years:

a/ Committing the offense twice or more;

b/ Evading paying an insurance premium amount of between VND 300,000,000 and under VND 1,000,000,000;

c/ Evading paying insurance premiums for between 50 and under 200 employees;

d/ Failing to remit insurance premium amounts already collected or deducted from employees in the case prescribed at Point a or b, Clause 1 of this Article.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 7 years:

a/ Evading paying an insurance premium amount of VND 1,000,000,000 or higher;

b/ Evading paying insurance premiums for 200 or more employees;

c/ Failing to remit insurance premium amounts already collected or deducted from employees in the case prescribed at Point b or c, Clause 2 of this Article.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 200,000,000 and VND 500,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 500,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 3 of this Article.

Section 3

OTHER OFFENSES INFRINGING UPON ECONOMIC MANAGEMENT ORDER

Article 217.Violating regulations on competition

1.[165]A person who commits one of the following acts, causing damage of between VND 1,000,000,000 and under VND 5,000,000,000 to other persons or gaining illicit profits of between VND 500,000,000 and under VND 3,000,000,000, shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Entering into an agreement to prevent or inhibit another enterprise from participating in the market or developing business;

b/ Entering into an agreement to exclude from the market another enterprise other than a party to the agreement;

c/ Entering into one of the following agreements to restrict competition when the parties to the agreement hold an aggregate share of 30% or more of the relevant market: agreement fixing prices of goods or services in a direct or indirect manner; agreement dividing the consumer market or supply sources of goods or services; agreement limiting or controlling the quantity and volume of goods or services produced, purchased or sold; agreement restricting technical and technological development or investment; agreement imposing conditions on another enterprise for signing a goods or service sale and purchase contract or forcing another enterprise to accept an obligation not directly related to the object of the contract.

2.[166]Committing the offense in one of the following cases, the offender shall be  subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Committing the offense twice or more;

b/ Employing a sophisticated or treacherous trick;

c/ Abusing his/her dominant market position or monopolistic position;

d/ Gaining illicit profits of VND 3,000,000,000 or higher;

dd/ Causing damage of VND 5,000,000,000 or higher to another person.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions, or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases prescribed in Clause 2 of this Article;

c/[167]The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 217a.Violating regulations on multilevel marketing[168]

1. A person who organizes business operation after the model of multilevel marketing without a certificate of registration for multilevel marketing or not in compliance with his/her certificate of registration for multi-level marketing in one of the following cases, if not falling into the cases prescribed in Articles 174 and 290 of this Code, shall be subject to a fine of between VND 500,000,000 and 1,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 2 years:

a/ Having been administratively sanctioned for this act or having been convicted of this offense and not had such conviction expunged;

b/ Gaining illicit profits of between VND 200,000,000 and under VND 1,000,000,000;

c/ Causing damage of between VND 500,000,000 and under VND 1,500,000,000 to others.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 5,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Gaining illicit profits of VND 1,000,000,000 or higher;

b/ Causing damage of VND 1,500,000,000 or higher to others.

c/ Establishing a network participated by 100 or more persons.

3. The offender may also be subject to a fine of between VND 100,000,000 and VND 500,000,000 or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 218.Violating regulations on asset auction

1. A person who commits one of the following acts, gaining illicit profits of between VND 30,000,000 and under VND 200,000,000 or causing damage of between VND 50,000,000 and under VND 300,000,000 to others, shall be subject to a fine of between VND 20,000,000 and VND 200,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Making a list of fictitious persons registering to purchase assets put up for auction;

b/ Forging dossiers to participate in asset auction;

c/ Colluding with others to decrease or increase prices in asset auction.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Gaining illicit profits of VND 200,000,000 or higher;

c/ Causing damage of VND 300,000,000 or higher to others;

d/ Committing the offense twice or more;

dd/ Employing a sophisticated or treacherous trick.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 219.Violating regulations on management and use of state assets, causing loss or waste

1. A person who is assigned to manage or use state assets but violates regulations on asset management and use, causing loss or waste of between VND 100,000,000 and under VND 300,000,000, or causing a loss or waste of under VND 100,000,000 although having been disciplined or administratively sanctioned[169]for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing loss or waste[170]of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing loss or waste[171]of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 220.Violating regulations[172]on management and use of public investment capital, causing serious consequences

1. A person who abuses his/her position and powers to commit one of the following acts, causing damage of between VND 100,000,000 and under VND 300,000,000, or causing damage of under VND 100,000,000 although having been disciplined or administratively sanctioned[173]for this act, if not falling into the case prescribed in Article 224 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Violating regulations on investment policy decision;

b/ Violating regulations on investment policy formulation and appraisal;

c/ Violating regulations on program and project investment decision;

dd/ Violating regulations on program and project consultancy and design.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years to 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part of or the whole of property.

Article 221.Violating regulations[174]on accounting, causing serious consequences

1. A person who abuses his/her position and powers to commit one of the following acts, causing damage of between VND 100,000,000 and under VND 300,000,000, or causing damage of under VND 100,000,000 although having been disciplined or administratively sanctioned[175]for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Forging, falsifying, agreeing with or forcing others to forge, falsify or tamper with accounting documents;

b/ Enticing, agreeing with or forcing others to provide or certify false accounting information and data;

c/ Excluding assets of or related to an accounting unit from its account books;

d/ Destroying or intentionally damaging accounting documents before the expiration of the retention period as[176]prescribed by the Law on Accounting;

dd/ Establishing 2 or more bookkeeping systems to exclude assets, capital and funds of an accounting unit from its account books.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years to 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 222.Violating regulations on bidding, causing serious consequences

1. A person who commits one of the following acts, causing damage of between VND 100,000,000 and under VND 300,000,000, or causing damage of under VND 100,000,000 although having been disciplined or administratively sanctioned[177]for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Illegally intervening in bidding activities;

b/ Conducting collusive bidding;

c/ Committing frauds in bidding;

d/ Obstructing bidding activities;

dd/ Violating regulations on guarantee of fairness and transparency in bidding activities;

e/ Organizing the selection of contractors for a bidding package while the sources of funding for such bidding package have not yet been determined, leading to debts owed to contractors;

g/ Illegally transferring bidding packages.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years to 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Abusing his/her position and powers;

d/ Employing a sophisticated or treacherous trick;

dd/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 223.Colluding with or shielding taxpayers, causing serious consequences

1. A person who abuses his/her position and powers to commit one of the following acts, causing a tax loss of between VND 100,000,000 and under VND 300,000,000, or causing a tax loss of under VND 100,000,000 although having been disciplined for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Implementing tax exemption, tax reduction, tax arrears relief, fine arrears relief or tax refund in contravention of the Law on Tax Administration Law and other tax laws;

b/ Certifying taxpayers’ fulfillment of tax obligations in contravention of[178]the Law on Tax Administration and other tax laws.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years to 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing a tax loss of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing a tax loss of[179]VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 224.Violating regulations on investment in construction works, causing serious consequences

1. A person who abuses his/her position and powers to commit one of the following acts, causing damage of between VND 100,000,000 and under VND 300,000,000 or causing damage of under VND 100,000,000 although having been disciplined for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Deciding on construction investment in contravention of the Construction Law;

b/ Formulating, appraising and approving designs or cost estimates, adjusting cost estimates or conducting acceptance tests of state-funded works in contravention of the Construction Law;

c/ Selecting unqualified contractors to implement construction activities;

d/ Arranging or colluding with others to falsify project formulation, survey, design, construction supervision or construction results.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years to 12 years:

a/ For self-seeking purposes;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 225.Infringing upon copyright and related rights

1.[180]A person who, without permission of holders of copyright and related rights, intentionally commits one of the following acts, infringing upon copyright and related rights currently under protection in Vietnam on a commercial scale or gaining illicit profits of between VND 50,000,000 and under VND 300,000,000, causing damage of between VND 100,000,000 and under VND 500,000,000 to holders of copyright and related rights, or involving infringing goods valued at between VND 100,000,000 and under VND 500,000,000, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or non-custodial reform for up to 3 years:

a/ Reproducing works, phonograms or video recordings;

b/ Distributing to the public copies of works, phonograms or video recordings.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000 or imprisonment of between 6 months and 3 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Gaining illicit profits of VND 300,000,000 or higher;

d/ Causing damage of VND 500,000,000 or higher to the holders of copyright and related rights;

dd/ Involving infringing goods valued at VND 500,000,000 or higher.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[181]A fine of between VND 300,000,000 and VND 1,000,000,000, if committing one of the acts prescribed in Clause 1 of this Article on a commercial scale or gaining illicit profits of between VND 200,000,000 and under VND 300,000,000, causing damage of between VND 300,000,000 and under VND 500,000,000 to holders of copyright and related rights, or involving infringing goods valued at VND 300,000,000 and under VND 500,000,000; or gaining illicit profits of between VND 100,000,000 and under VND 200,000,000, causing damage of between VND 100,000,000 and under VND 300,000,000 to holders of copyright and related rights, or involving infringing goods valued at between VND 100,000,000 and under VND 300,000,000 although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases prescribed in Clause 2 of this Article;

c/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 300,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 226.Infringing upon industrial property rights

1.[182]A person who intentionally infringes upon industrial property rights over a trademark or geographical indication currently under protection in Vietnam with objects of violation being goods with counterfeiting trademark or geographical indication on a commercial scale or gaining illicit profits of between VND 100,000,000 and under VND 300,000,000, causing damage of between VND 200,000,000 and under VND 500,000,000 to the owner of such trademark or geographical indication, or involving infringing goods valued at between VND 200,000,000 and under VND 500,000,000, shall be subject to a fine of between VND 50,000,000 and VND 500,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,000,000,000 or imprisonment of between 6 months and 3 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Gaining illicit profits of VND 300,000,000 or higher;

d/ Causing damage of VND 500,000,000 or higher to the owner of a trademark or geographical indication;

dd/ Involving infringing goods valued at VND 500,000,000 or higher.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000, prohibition from holding certain positions, or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[183]A fine of between VND 500,000,000 and VND 2,000,000,000, if committing the act prescribed in Clause 1 of this Article on a commercial scale or gaining illicit profits of between VND 200,000,000 and under VND 300,000,000, causing damage of between VND 300,000,000 and under VND 500,000,000 to the trademark or geographical indication owner, or involving infringing goods valued at between VND 300,000,000 and under VND 500,000,000; or gaining illicit profits of between VND 100,000,000 and under VND 200,000,000, causing damage of between VND 100,000,000 and under VND 300,000,000 to the trademark or geographical indication owner, or involving infringing goods valued at between VND 100,000,000 and under VND 300,000,000 although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged;

b/ A fine of between VND 2,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases prescribed at Clause 2 of this Article;

c/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 227.Violating regulations on research, exploration and exploitation of natural resources[184]

1.[185]A person who violates regulations on research, exploration and exploitation of natural resources on the mainland or islands, in internal waters, territorial sea, exclusive economic zone, continental shelf or air space of Vietnam, having no permit or acting in violation of his/her permit in one of the following cases, shall be subject to a fine of between VND 300,000,000 and VND 1,500,000,000 or imprisonment of between 6 months and 3 years:

a/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000 from research, exploration and exploitation of water resources, oil and gas or other minerals;

b/ Involving minerals valued at between VND 500,000,000 and under VND 1,000,000,000;

c/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

dd/ Having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[186]Committing the offense in one of the following cases, the offender shall be  subject to a fine of between VND 1,500,000,000 and VND 5,000,000,000 or imprisonment of between 2 years and 7 years:

a/ Gaining illicit profits of VND 500,000,000 or higher from the research, exploration and exploitation of water resources, oil and gas, or other minerals;

b/ Involving minerals valued at VND 1,000,000,000 or higher;

c/ In an organized manner;

d/ Causing environmental incidents;

dd/ Causing human death;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of 122% or higher.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 500,000,000.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[187]A fine of between VND 1,500,000,000 and VND 3,000,000,000, if committing one of the acts prescribed in Clause 1 of this Article, gaining illicit profits of between
VND 300,000,000 and under VND 500,000,000 from research, exploration or exploitation of water resources, oil and gas or other minerals or involving minerals valued at between VND 700,000,000 and under VND 1,000,000,000 or inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, or inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%; or gaining illicit profits of between VND 100,000,000 and under VND 300,000,000 from research, exploration or exploitation of water resources, oil and gas or other minerals or involving minerals valued at between VND 500,000,000 and under VND 700,000,000 although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

b/ A fine of between VND 3,000,000,000 and VND 7,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 2 of this Article;

c/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 228.Violating regulations on land use

1. A person who encroaches land, transfers land use rights or uses land in contravention of the law on land management and use although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 50,000,000 and VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 229.Violating regulations on land management

1. A person who takes advantage of or abuses his/her position and powers to allocate, recover or lease land or permit the transfer of land use rights or change of land use purposes in contravention of law in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Involving paddy land with an area of between 5,000 square meters (m2) and under 30,000 square meters (m2); land under special-use forests, protection forests or production forests with an area of between 10,000 square meters (m2) and under 50,000 square meters (m2); other agricultural land or non-agricultural land with an area of between 10,000 square meters (m2) and under 40,000 square meters (m2);

b/ Involving land with land use rights valued at between VND 500,000,000 and under VND 2,000,000,000, for agricultural land, or between VND 1,000,000,000 and under VND 5,000,000,000, for non-agricultural land;

c/ Having been disciplined for this act.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Involving paddy land with an area of between 30,000 square meters (m2) and under 70,000 square meters (m2); land under special-use forests, protection forests or production forests with an area of between 50,000 square meters (m2) and under 100,000 square meters (m2); other agricultural land or non-agricultural land with an area of between 40,000 square meters (m2) and under 80,000 square meters (m2);

c/ Involving land with land use rights valued at between VND 2,000,000,000 and under VND 7,000,000,000, for agricultural land, or between VND 5,000,000,000 and under VND 15,000,000,000, for non-agricultural land;

d/ Causing adverse impacts on security or social order and safety.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Involving paddy land with an area of 70,000 square meters (m2) or larger; land under special-use forests, protection forests or production forests with an area of 100,000 square meters (m2) or larger; other agricultural land or non-agricultural land with an area of 80,000 square meters (m2) or larger;

b/ Involving land with land use rights valued at VND 7,000,000,000 or higher, for agricultural land, or VND 15,000,000,000 or higher, for non-agricultural land.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 150,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 230.Violating regulations on compensation, support and resettlement upon land recovery by the State

1. A person who abuses his/her position and powers to commit one of the following acts, causing property damage of between VND 100,000,000 and under VND 300,000,000, or causing property damage of under VND 100,000,000 although having been disciplined for this act, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years:

a/ Violating the law on land compensation, support and resettlement;

b/ Violating the law on compensation for assets or production and business activities.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 12 years:

a/ For self-seeking purpose or another personal motive;

b/ In an organized manner;

c/ Employing a sophisticated or treacherous trick;

d/ Causing adverse impacts on security or social order and safety.

dd/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 20 years.

4. The offender may also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years or confiscation of part or the whole of property.

Article 231.Intentionally acting against regulations on distribution of relief money and goods

1. A person who abuses his/her position and powers to intentionally act against regulations on distribution of relief money and goods, causing damage to or loss of relief money and goods valued at between VND 100,000,000 and under VND 300,000,000, shall be subject to warning, a fine of between VND 50,000,000 and VND 200,000,000, or non-custodial reform for up to 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Causing damage to or loss of relief money and goods valued at VND 300,000,000 or higher;

d/ Causing adverse impacts on security or social order and safety.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 232.Violating regulations on exploitation and protection of forests and forest products[188]

1.[189]A person who commits one of the following acts, if not falling into the cases prescribed in Article 243 this Code, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Illegally exploiting from production forests being planted forests between 20 cubic meters (m3) and under 40 cubic meters (m3) of wood of ordinary plants or between 15 cubic meters (m3) and under 30 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

b/ Illegally exploiting from production forests being natural forests between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of ordinary plants or between 7 cubic meters (m3) and under 15 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

c/ Illegally exploiting from protection forests being planted forests between 15 cubic meters (m3) and under 30 cubic meters (m3) of wood of ordinary plants or between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

d/ Illegally exploiting from protection forests being natural forests between 7 cubic meters (m3) and under 15 cubic meters (m3) of wood of ordinary plants or between 5 cubic meters (m3) and under 10 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

dd/ Illegally exploiting from special-use forests being planted forests between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of ordinary plants or between 5 cubic meters (m3) and under 10 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

e/ Illegally exploiting from special-use forests being natural forests between 3 cubic meters (m3) and under 8 cubic meters (m3) of wood of ordinary plants or between 1 cubic meter (m3) and under 3 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

g/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare forest plants and animals of group IIA which are valued at between VND 50,000,000 and under VND 100,000,000; non-wood ordinary forest plants which are valued at between VND 100,000,000 and under VND 200,000,000;

h/ Illegally exploiting wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA with a volume of between 1 cubic meter (m3) and under 2 cubic meters (m3), for production forests, between 0.5 cubic meter (m3) and under 1.5 cubic meters (m3), for production forests, or between 0.5 cubic meter (m3) and under 1 cubic meter (m3), for special-use forests;

i/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at between VND 30,000,000 and under VND 60,000,000;

k/ Illegally stockpiling, transporting, processing, purchasing or selling between 1.5 cubic meters (m3) and under 3 cubic meters (m3) of wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA or overseas-origin wood provided in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of plants on the List of endangered, rare and precious forest plants and animals of group IIA or overseas-origin wood of plants on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or between 20 cubic meters (m3)and under 40 cubic meters (m3) of wood of ordinary plants;

l/ Illegally stockpiling, transporting, processing, purchasing or selling non-wood forest plants which are valued at between VND 300,000,000 and under VND 600,000,000;

m/ Illegally exploiting, stockpiling, transporting, processing, purchasing or selling wood or non-wood forest plants with a volume or value below any of the levels prescribed at Points a thru l of this Clause although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[190]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and under VND 1,500,000,000 or imprisonment of between 2 years and 7 years:

a/ Illegally exploiting from production forests being planted forests between 40 cubic meters (m3) and under 80 cubic meters (m3) of wood of ordinary plants or between 30 cubic meters (m3) and under 50 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

b/ Illegally exploiting from protection forests being natural forests between 20 cubic meters (m3) and under 40 cubic meters (m3) of wood of ordinary plants or between 15 cubic meters (m3) and under 30 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

c/ Illegally exploiting from protection forests being planted forests between 30 cubic meters (m3) and under 60 cubic meters (m3) of wood of ordinary plants or between 20 cubic meters (m3) and under 40 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

d/ Illegally exploiting from protection forests being natural forests between 15 cubic meters (m3) and under 30 cubic meters (m3) of wood of ordinary plants or between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

dd/ Illegally exploiting from special-use forests being planted forests between 20 cubic meters (m3) and under 40 cubic meters (m3) of wood of ordinary plants or between 10 cubic meters (m3) and under 20 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

e/ Illegally exploiting from special-use forests being natural forests between 8 cubic meters (m3) and under 15 cubic meters (m3) of wood of ordinary plants or between 3 cubic meters (m3) and under 10 cubic meters (m3) of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

g/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare forest plants and animals of group IIA which are valued at between VND 100,000,000 and under VND 200,000,000; non-wood ordinary forest plants which are valued at between VND 200,000,000 and under VND 400,000,000;

h/ Illegally exploiting wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA with a volume of between 2 cubic meters (m3) and under 4 cubic meters (m3), for production forests, between 1.5 cubic meters (m3) and under 3 cubic meters (m3), for protection forests, or between 1 cubic meter (m3) and under 2 cubic meters (m3), for special-use forests;

i/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at between VND 60,000,000 and under VND 120,000,000;

k/ Illegally stockpiling, transporting, processing, purchasing or selling between 3 cubic meters (m3) and under 6 cubic meters (m3) of wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA or overseas-origin wood of plants on Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; between 20 cubic meters (m3) and under 40 cubic meters (m3) of wood of plants on the List of endangered, rare and precious forest plants and animals of group IIA or overseas-origin wood of plants on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or between 40 cubic meters (m3)and under 80 cubic meters (m3) of wood of ordinary forest plants;

l/ Illegally stockpiling, transporting, processing, purchasing or selling in non-wood forest plants which are valued at between VND 600,000,000 and under VND 1,200,000,000;

m/ In an organized manner;

n/ Cross-border trading or transportation;

o/ Dangerous recidivism.

3.[191]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Illegally exploiting from production forests being planted forests 80 cubic meters (m3) or more of wood of ordinary plants or 50 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

b/ Illegally exploiting from protection forests being natural forests 40 cubic meters (m3) or more of wood of ordinary plants or 30 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

c/ Illegally exploiting from protection forests being planted forests 60 cubic meters (m3) or more of wood of ordinary plants or 40 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

d/ Illegally exploiting from protection forests being natural forests 30 cubic meters (m3) or more of wood of ordinary plants or 20 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

dd/ Illegally exploiting from special-use forests being planted forests 40 cubic meters (m3) or more of wood of ordinary plants or 20 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

e/ Illegally exploiting from special-use forest being natural forests 15 cubic meters (m3) or more of wood of ordinary plants or 10 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare forest plants and animals of group IIA;

g/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare forest plants and animals of group IIA which are valued at VND 200,000,000 or higher; non-wood ordinary forest plants which are valued at VND 400,000,000 or higher;

h/ Illegally exploiting wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA with a volume of 4 cubic meters (m3) or more, for production forests, 3 cubic meters (m3) or more, for production forests, or 2 cubic meters (m3) or more, for special-use forests;

i/ Illegally exploiting non-wood forest plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at VND 120,000,000 or higher;

k/ Illegally stockpiling, transporting, processing, purchasing or selling 6 cubic meters (m3) or more of wood of plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA or overseas-origin wood of plants on Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 40 cubic meters (m3) or more of wood of plants on the List of endangered, rare and precious forest plants and animals of group IIA or overseas-origin wood of plants on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or 80 cubic meters (m3) or more of wood of ordinary forest plants;

l/ Illegally stockpiling, transporting, processing, purchasing or selling non-wood forest plants which are valued at VND 1,200,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/[192]A fine of between VND 300,000,000 VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[193]A fine of between VND 1,000,000,000 and VND 3,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases prescribed in Clause 2 of this Article;

c/[194]A fine of between VND 3,000,000,000 and VND 6,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 233.Violating regulations on forest management[195]

1. A person who takes advantage of or abuses his/her position and powers to commit one of the following acts shall be subject to non-custodial reform for up to 3 years or to imprisonment of between 6 months and 3 years:

a/ Illegally allocating, recovering or leasing between 20,000 square meters (m2) and under 25,000 square meters (m2) of production forests; between 15,000 square meters (m2) and under 20,000 square meters (m2) of protection forests; or between 10,000 square meters (m2) and under 15,000 square meters (m2) of special-use forests;

b/ Illegally permitting the change of the use purpose of between 10,000 square meters (m2) and under 12,500 square meters (m2) of production forests; between 7,500 square meters (m2) and under 10,000 square meters (m2) of protection forests; or between 5,000 square meters (m2) and under 7,500 square meters (m2) of special-use forests;

c/ Illegally permitting the exploitation or transportation of forest products in one of the cases prescribed in Clause 1, Article 232 of this Code;

d/ Illegally allocating, recovering or leasing forests or permitting the change of the use purpose of forests or permitting the exploitation or transportation of forest products with an area of forest or a quantity of forest products below the levels prescribed at Points a and b of this Clause and Points a thru l, Clause 1, Article 232 of this Code, although having been disciplined for one of the acts prescribed in this Article.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years to 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Illegally allocating, recovering or leasing between 25,000 square meters (m2) and under 40,000 square meters (m2) of production forests; between 20,000 square meters (m2) and under 30,000 square meters (m2) of protection forests; or between 15,000 square meters (m2) and under 25,000 square meters (m2) of special-use forests;

d/ Illegally permitting the change of the use purpose of between 12,500 square meters (m2) and under 17,000 square meters (m2) of production forests; between 10,000 square meters (m2) and under 15,000 square meters (m2) of protection forests; or between 7,500 square meters (m2) and under 12,000 square meters (m2) of special-use forests;

dd/ Illegally permitting the exploitation or transportation of forest products in one of the cases prescribed at Points a thru l, Clause 2, Article 232 of this Code.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Illegally allocating, recovering or leasing 40,000 square meters (m2) or more of production forests; 30,000 square meters (m2) or more of protection forests; or 25,000 square meters (m2) or more of special-use forests;

b/ Illegally permitting the change of the use purpose of 17,000 square meters (m2) or more of production forests; 15,000 square meters (m2) or more of protection forests; or 12,000 square meters (m2) or more of special-use forests;

c/ Illegally permitting the exploitation or transportation of forest products in one of the cases prescribed in Clause 3, Article 232 of this Code.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000 or prohibition from holding certain positions for between 1 year and 5 years.

Article 234.Violating regulations on management and protection of wildlife[196]

1.[197]A person who commits one of the following acts, if not falling into the cases prescribed in Articles 242 and 244 of this Code, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Illegally hunting, killing, raising, caging, stockpiling, transporting or trading in animals on the List of endangered, precious and rare forest plants and animals of group IIB or on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are valued at between VND 150,000,000 and under VND 500,000,000 or other wildlife valued at between VND 300,000,000 and under VND 700,000,000, or gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

b/ Illegally stockpiling, transporting or trading in body parts or products of animals on the List of endangered, precious and rare forest plants and animals of group IIB or on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are valued at between VND 150,000,000 and under VND 500,000,000; or of other wildlife valued at between VND 300,000,000 and under VND 700,000,000, or gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

c/ Illegally hunting, killing, raising, caging, stockpiling, transporting or trading in animals or body parts or products of animals, gaining illicit profits or with a value below the levels prescribed at Points a and b of this Clause although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[198]Committing the offense in one of the following cases, the offender shall be  subject to a fine of between VND 300,000,000 and VND 1,500,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Abusing the name of an agency or organization;

d/ Using prohibited hunting gear;

dd/ Hunting in no-hunting areas or during no-hunting periods;

e/ Cross-border transportation or trading;

g/ Involving a quantity of animals or body organs or products of animals on the List of endangered, precious and rare forest plants and animals of group IIB or on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are valued at between VND 500,000,000 and under VND 1,000,000,000; or of other wildlife which are valued at between VND 700,000,000 and under VND 1,500,000,000;

h/ Gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

i/ Dangerous recidivism.

3.[199]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Involving a quantity of animals or body organs or products of animals on the List of endangered, precious and rare forest plants and animals of group IIB or on Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are valued at VND 1,000,000,000 or higher; or of other wildlife which are valued at VND 1,500,000,000 or higher;

b/ Gaining illicit profits of VND 500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[200]A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into one of the cases prescribed at Points a, d, dd, e, g, h and i, Clause 2 of this Article;

c/ A fine of between VND 3,000,000,000 and VND 6,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Chapter XIX

ENVIRONMENTAL OFFENSES

Article 235.Polluting the environment[201]

1. A person who commits one of the following acts shall be subject to a fine of between VND 50,000,000 and VND 500,000,000 or imprisonment of between 3 months and 2 years:

a/ Illegally burying, filling, dumping or discharging into the environment between 1,000 kilograms and under 3,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 kilograms and under 10,000 kilograms of other hazardous wastes;

b/ Illegally burying, filling, dumping or discharging into the environment between 500 kilograms and under 1,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 1,500 kilograms and under 3,000 kilograms of other hazardous wastes although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

c/ Discharging into the environment between 500 cubic meters (m3) and under 5,000 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment; or between 300 cubic meters (m3) and under 500 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

d/ Discharging into the environment 500 cubic meters (m3) or more per day of wastewater with hazardous environmental parameters exceeding between 3 times and under 5 times those prescribed in the relevant national technical regulation on the environment; between 300 cubic meters (m3) and under 500 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment; or between 100 cubic meters (m3) and under 300 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

dd/ Emitting into the environment between 150,000 cubic meters (m3) and under 300,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment or between 100,000 cubic meters (m3) and under 150,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

e/ Emitting into the environment 150,000 cubic meters (m3) or more per hour of gaseous waste with hazardous environmental parameters exceeding between 3 times and under 5 times those prescribed in the relevant national technical regulation on the environment or between 100,000 cubic meters (m3) and under 150,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment, or between 50,000 cubic meters (m3) and under 100,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

g/ Illegally burying, filling, dumping or discharging into the environment between 100,000 kilograms and under 200,000 kilograms of ordinary solid wastes or between 70,000 kilograms and under 100,000 kilograms of ordinary solid wastes although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

h/ Discharging into the environment wastewater, burying, filling, dumping or discharging into the environment solid wastes or emitting gaseous wastes containing radioactive substances exceeding the dose value by between 50 milisieverts (mSv) and under 200 milisieverts (mSv) per year or exceeding the dose rate by between 0.0025 milisievert (mSv) and under 0.01 milisievert (mSv) per hour.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Illegally burying, filling, dumping or discharging into the environment between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 10,000 kilograms and under 50,000 kilograms of other hazardous wastes;

b/ Discharging into the environment between 5,000 cubic meters (m3) and under 10,000 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment; or between 500 cubic meters (m3) and under 5,000 cubic meters (m3) per day of wastewater with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

c/ Emitting into the environment between 300,000 cubic meters (m3) and under 500,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment or between 150,000 cubic meters (m3) and under 300,000 cubic meters (m3) per hour of gaseous waste with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

c/ Illegally burying, filling, dumping or discharging into the environment between 200,000 kilograms and under 500,000 kilograms of ordinary solid wastes;

d/ Discharging into the environment wastewater, burying, filling, dumping or discharging into the environment solid wastes or emitting gaseous waste containing radioactive substances exceeding the dose value by between 200 milisieverts (mSv) and under 400 milisieverts (mSv) per year or exceeding the dose rate by between 0.01 milisievert (mSv) and under 0.02 milisievert (mSv) per hour;

e/ Causing serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or imprisonment of between 3 years and 7 years:

a/ Illegally burying, filling, dumping or discharging into the environment 5,000 kilograms or more of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination as prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous wastes;

b/ Discharging into the environment 10,000 cubic meters (m3) or more per day of wastewater with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment; or 5,000 cubic meters (m3) or more per day of wastewater with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

c/ Emitting into the environment 500,000 cubic meters (m3) or more per hour of gaseous waste with hazardous environmental parameters exceeding between 5 times and under 10 times those prescribed in the relevant national technical regulation on the environment or 300,000 cubic meters (m3) or more per hour of gaseous waste with hazardous environmental parameters exceeding 10 or more times those prescribed in the relevant national technical regulation on the environment;

d/ Illegally burying, filling, dumping or discharging into the environment 500,000 kilograms or more of ordinary solid wastes;

dd/ Discharging into the environment wastewater, burying, filling, dumping or discharging into the environment solid wastes or emitting gaseous waste containing radioactive substances exceeding the dose value by 400 milisieverts (mSv) or more per year or exceeding the dose rate by 0.02 milisievert (mSv) or more per hour;

e/ Causing very serious or particularly serious consequences.

4. The offender may also be subject to a fine of between VND 30,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 3,000,000,000 and VND 7,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 7,000,000,000 and VND 12,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases prescribed in Clause 2 of this Article;

c/ A fine of between VND 12,000,000,000 and VND 20,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be  subject to a fine of between VND 1,000,000,000 and VND 5,000,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year and 3 years.

Article 236.Violating regulations on management of hazardous wastes

1. A competent person who permits others to illegally bury, fill, dump or discharge between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in[202]Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as below medium according to the National Technical Regulation on radiation safety - categorization and classification of radioactive sources, with a volume exceeding the limits permitted by the technical regulation, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 5 years:

a/ Involving between 5,000 kilograms and under 10,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in[203]Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as medium according to the National Technical Regulation[204]on radiation safety - categorization and classification of radioactive sources, with a volume exceeding the limits permitted by the technical regulation;

b/ In an organized manner;

c/ Committing the offense twice or more;

d/ Dangerous recidivism.

3. Committing the offense, involving 10,000 kilograms or more of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or substances subject to elimination prescribed in[205]Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as above medium according to the National Technical Regulation[206]on radiation safety -categorization and classification of radioactive sources, with a volume exceeding the limits permitted by the technical regulation, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 150,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 237.Violating regulations on prevention, response to, and remediation of environmental incidents

1.[207]A person who commits one of the following acts shall be subject to a fine of between VND 50,000,000 and VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Violating regulations on prevention of environmental incidents, leading to occurence of environmental incidents;

b/ Violating regulations on response to and remediation of environmental incidents, leading to serious environmental pollution, inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%, or causing damage of between VND 1,000,000,000 and under VND 3,000,000,000.

2.[208]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 2 years and 7 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing damage of between VND 3,000,000,000 and under VND 7,000,000,000.

3.[209]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing damage of VND 7,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 3,000,000,000 and VND 5,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/[210]A fine of between VND 5,000,000,000 and VND 10,000,000,000 or suspension from operation for between 1 years and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year and 3 years.

Article 238.Violating regulations on irrigation work and dyke safety protection and natural disaster prevention and control; violating regulations on protection of river banks

1.[211]A person who commits one of the following acts, inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%, or causing damage of between VND 100,000,000 and under VND 300,000,000, if not falling into the case prescribed in Article 303 of this Code, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000, non-custodial reform for up to 3 years, or imprisonment of between 3 months and 2 years:

a/ Illegally building houses or works within protection corridors of irrigation works, dykes, or natural disaster prevention and control works;

b/ Damaging irrigation works, dykes, natural disaster prevention and control works, works for protecting, exploiting, using, monitoring and supervising water resources, or works for preventing, controlling and remedying consequences caused by water;

c/ Illegally drilling or digging for exploration, survey or exploitation of soil, rock, sand, gravel, minerals or groundwater;

d/ Using explosives, causing explosions or fires within protection corridors of irrigation works, dykes, natural disaster prevention and control works, works for protecting, exploiting, using, monitoring and supervising water resources, or works for preventing and remedying consequences caused by water, unless such is permitted in writing or in a case of emergency as prescribed by a law;

dd/ Operating reservoirs in violation of relevant processes for operation of reservoirs or inter-reservoirs; operating flood diversion and slowing works in violation of relevant processes and technical regulations, unless in special cases as decided by a competent person.

2.[212]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 2,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

dd/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000;

e/ Dangerous recidivism.

3.[213]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing damage of VND 1,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000 or prohibition from practicing certain professions or performing certain jobs for between 2 years and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/[214]A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year and 3 years.

Article 239.Bringing wastes into Vietnam’s territory

1.[215]A person who illegally brings wastes into Vietnam’s territory in one of the following cases shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Involving between 1,000 kilograms and under 3,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 kilograms and under 10,000 kilograms of other hazardous wastes;

b/ Involving between 70,000 kilograms and under 170,000 kilograms of other wastes.

2.[216]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 2,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Involving between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 10,000 kilograms and under 50,000 kilograms of other hazardous wastes;

c/ Involving between 170,000 kilograms and under 300,000 kilograms of other wastes.

3.[217]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 5,000,000,000 or imprisonment of between 5 years and 10 years:

a/ Involving 5,000 kilograms or more of hazardous wastes containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous wastes;

b/ Involving 300,000 kilograms or more of other wastes.

4. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5.  A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[218]A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 1 year, if falling into the cases prescribed in Clause 2 of this Article;

c/[219]A fine of between VND 5,000,000,000 and VND 7,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year and 3 years.

Article 240.Spreading dangerous epidemics to humans

1. A person who commits one of the following acts, spreading dangerous epidemics to humans, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or imprisonment of between 1 year and 5 years:

a/ Bringing out of or allowing others to bring out of epidemic areas animals, plants, animal or plant products or other objects likely to spread dangerous epidemics to humans, unless otherwise prescribed by law;

b/ Bringing into or allowing others to bring into Vietnam’s territory animals, plants or animal or plant products or other objects infected with diseases or carrying dangerous pathogens likely to spread dangerous epidemics to humans;

c/ Committing other acts, spreading dangerous epidemics to humans.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Leading to declaration of epidemics by provincial-level People’s Committee chairpersons or the Minister of Health;

b/ Causing human death.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 12 years:

a/ Leading to declaration of epidemics by the Prime Minister;

b/ Causing the death of 2 or more persons.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 241.Spreading dangerous epidemics to animals and plants

1. A person who commits one of the following acts, spreading dangerous epidemics to animals or plants, causing property damage of between VND 100,000,000 and under[220]VND 500,000,000 or although having been administratively sanctioned for one of these acts, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 2 years[221]:

a/ Bringing into or out of or allowing others to bring into or out of epidemic areas animals, plants, animal or plant products or other objects infected with diseases or carrying pathogens, unless otherwise prescribed by law;

b/ Bringing into or allowing others to bring into Vietnam’s territory animals, plants, or animal or plant products subject to quarantine but failing to obseve the law on quarantine;

c/ Committing other acts, spreading dangerous epidemics to animals or plants.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Causing property damage of between VND 500,000,000 and under VND 1,000,000,000;

b/ Leading to declaration of epidemics by district- or provincial-level People’s Committee chairpersons.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing property damage of VND 1,000,000,000 or higher;

b/ Leading to declaration of epidemics by the Minister of Agriculture and Rural Development.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 242.Destroying aquatic resources

1.[222]A person who violates regulations on protection of aquatic resources in one of the following cases, causing damage of between VND 100,000,000 and under VND 500,000,000 to aquatic resources or gaining aquatic products valued at between VND 50,000,000 and under VND 200,000,000, or although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Using toxic substances, explosives, chemicals, electricity or other prohibited equipment and fishing gear to exploit aquatic products or destroy aquatic resources;

b/ Exploiting aquatic products in areas banned from fishing permanently or temporarily;

c/ Exploiting aquatic species banned from exploitation, if not falling into the cases prescribed in Article 244 of this Code;

d/ Destroying the habitats of aquatic species on the List of endangered, precious and rare species prioritized for protection;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 61%;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

g/ Violating other regulations on protection of aquatic resources.

2.[223]Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000 or imprisonment of between 3 years and 5 years:

a/ Causing damage between VND 500,000,000 and under VND 1,500,000,000 to aquatic resources or gaining aquatic products valued at between VND 200,000,000 and under VND 500,000,000;

b/ Causing human death;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%.

3.[224]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing damage of VND 1,500,000,000 or higher to aquatic resources or gaining aquatic products valued at VND 500,000,000 or higher;

b/ Causing the death of 2 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 2 of this Article;

c/ A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas for between 1 year or 3 years, or prohibition from raising capital for between 1 year and 3 years.

Article 243.Destroying forests

1.[225]A person who illegally burns or destroys forests or commits other acts damaging forests in one of the following cases shall be subject to a fine of between VND 50,000,000 and VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 5 years:

a/ Involving an area of between 30,000 square meters (m2) and under 50,000 square meters (m2) under plants not yet developed into forests or forests with no reserve zoned off for regeneration;

b/ Involving an area ofbetween5,000 square meters (m2) and under 10,000 square meters (m2) of production forests;

c/ Involving an area ofbetween 3,000 square meters (m2) and under 7,000 square meters (m2) of protection forests;

d/ Involving an area of between 1,000 square meters (m2) and under 3,000 square meters (m2) of special-use forests;

dd/ Causing damage of between VND 50,000,000 and under VND 100,000,000 to forest products, in case the damaged forest areas cannot be calculated;

e/ Involving plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at VND 20,000,000 and under VND 60,000,000; or plants on the List of endangered, precious and rare forest plants and animals of group IIA, which are valued at VND 40,000,000 and VND 100,000,000;

g/ Involving a forest area or a quantity of forest products below the level prescribed at Point a, b, c, d, dd or e, Clause 1 of this Article although the offender has been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[226]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers or abusing the name of an agency or organization;

c/ Dangerous recidivism;

d/ Involving an area of between 50,000 square meters (m2) and under 100,000 square meters (m2) under plants not developed into forests or of forests with no reserve zoned off for regeneration;

dd/ Involving an area ofbetween 10,000 square meters (m2) and under 50,000 square meters (m2) of production forests;

e/ Involving an area ofbetween7,000 of square meters (m2) and under 10,000 square meters (m2) of protection forests;

g/ Involving an area of between 3,000 square meters (m2) and under 5,000 square meters (m2) of special-use forests;

h/ Causing damage between VND 100,000,000 and under VND 200,000,000 to forest products, in case the damaged forest areas cannot be calculated;

i/ Involving plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at VND 60,000,000 and under VND 100,000,000; or plants on the List of endangered, precious and rare forest plants and animals of group IIA, which are valued at VND 100,000,000 and under VND 200,000,000.

3.[227]Committing the offense in one of the following cases, the offender shall be  subject to imprisonment of between 7 years and 15 years:

a/ Involving an area of 100,000 square meters (m2) or more of land under plants not yet developed into forests or forests with no reserve zoned off for regeneration;

b/ Involving an area of50,000 square meters (m2) of production forests or larger;

c/ Involving an area of10,000 square meters (m2) of protection forests or larger;

d/ Involving an area of 5,000 square meters (m2) of special-use forests or larger;

dd/ Causing damage of VND 200,000,000 or higher to forest products, in case the damaged forest areas cannot be calculated;

e/ Involving plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, which are valued at VND 100,000,000 or higher; or plants on the List of endangered, precious and rare forest plants and animals of group IIA, which are valued at VND 200,000,000 or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year to 5 years.

5.  A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 500,000,000 and VND 2,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[228]A fine of between VND 2,000,000,000 and VND 5,000,000,000, if falling into one of the cases prescribed at Points a, c, d, dd, e, g, h and i, Clause 2 of this Article;

c/ A fine of between VND 5,000,000,000 and VND 7,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 244.Violating regulations on protection of endangered, precious and rare animals[229]

1.[230]A person who violates regulations on protection of animals on the List of endangered, precious and rare species prioritized for protection or on the List of endangered, precious and rare animals of group IB or specified in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora in one of the following cases, shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Illegally hunting, killing, raising, caging, transporting or trading in animals on the List of endangered, precious and rare species prioritized for protection;

b/ Illegally stockpiling, transporting, or trading in individuals or parts inseparable from living bodies or products of the animals prescribed at Point a of this Clause;

c/ Illegally stockpiling, transporting or trading in between 2 kilograms and under 20 kilograms of ivories; between 50 grams and under 1 kilogram of rhino horns;

d/ Illegally hunting, killing, raising, caging, transporting or trading in animals on the List of endangered, precious and rare animals of group IB or specified in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora other than the species prescribed at Point a of this Clause, with the quantity of between 3 and 7 individuals of the class Mammalia, 7 and 10 individuals of the class Aves or Reptilia, or 10 and 15 individuals of other classes;

dd/ Illegally stockpiling, transporting or trading in individuals or parts inseparable from living bodies with the quantity of between 3 and 7 individuals of the class Mammalia, 7 and 10 individuals of the class Aves or Reptilia, or 10 and 15 individuals of other classes prescribed at Point d of this Clause;

e/ Illegally hunting, killing, raising, caging, transporting or trading in animals or illegally stockpiling, transporting or trading in animals or parts inseparable from living bodies of animals with a quantity below the level prescribed at Point c, d or dd of this Clause although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[231]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ The case prescribed at Point a, Clause 1 of this Article with the quantity of animals or parts inseparable from living bodies of between 3 and 7 individuals of the class Mammalia, 7 and 10 individuals of the class Aves or Reptilia, or 10 and 15 individuals of other classes;

b/ The case prescribed at Point d, Clause 1 of this Article with the quantity of animals or parts inseparable from living bodies of between 8 and 11 individuals of the class Mammalia, between 11 and 15 individuals of the class Aves or Reptilia, or 16 and 20 individuals of other classes;

c/ Involving 1 or 2 individual elephants or rhinos or parts inseparable from living bodies of 1 or 2 individual elephants or rhinos; or between 3 and 5 individual bears or tigers or parts inseparable from living bodies of between 3 and 5 individual bears or tigers;

d/ Involving between 20 kilograms and under 90 kilograms of ivories; or between 1 kilogram and under 9 kilograms of rhino horns;

dd/ In an organized manner;

e/ Abusing his/her position and powers or abusing the name of an agency or organization;

g/ Using prohibited hunting equipment;

h/ Hunting in no-hunting areas or during no-hunting periods;

i/ Cross-border trading or transportation;

k/ Dangerous recidivism.

3.[232]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ The case prescribed at Point a, Clause 1 of this Article with the quantity of animals or parts inseparable from living bodies of 8 or more individuals of the class Mammalia, 11 or more individuals of the class Aves or Reptilia, or 16 or more individuals of other classes;

b/ The case prescribed at Point d, Clause 1 of this Article with the quantity of animals or parts inseparable from living bodies of 12 or more individuals of the class Mammalia, 16 or more individuals of the class Aves or Reptilia, or 21 or more individuals of other classes;

c/ Involving 3 or more individual elephants or rhinos or parts inseparable from living bodies of 3 or more individual elephants or rhinos; or 5 individual bears or tigers or parts inseparable from living bodies of 6 or more individual bears or tigers;

d/ Involving 90 kilograms or more of ivories; or 9 kilograms or more of rhino horns.

4. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 5,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/[233]A fine of between VND 5,000,000,000 and VND 10,000,000,000, if falling into one of the cases prescribed at Points a, b, c, d, dd, g, h, i and k, Clause 2 of this Article;

c/ A fine of between VND 10,000,000,000 and VND 15,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 300,000,000 and VND 600,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 245.Violating regulations[234]on management of nature reserves

1. A person who violates regulations[235]on management of nature reserves in one of the following cases shall be subject to a fine of between VND 50,000,000 and VND 300,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Causing property damage of between VND 50,000,000 and under VND 200,000,000;

b/ Causing damage to the landscape or natural ecosystem in strictly protected zones of nature reserves with a total area of between 300 square meters (m2) and under 500 square meters (m2);

c/ Having been administratively sanctioned for one of these acts or convicted of this offense and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing property damage of VND 200,000,000 or higher;

b/ Causing damage to the landscape or natural ecosystem in strictly protected zones[236]of nature reserves with a total area of[237]500 square meters (m2) or larger;

c/ In an organized manner;

d/ Using prohibited tools, equipment, methods;

dd/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 300,000,000 and VND 1,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 1,000,000,000 and VND 3,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed at Clause 2 of this Article;

c/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

d/ The commercial legal person may also be subject to a fine of between VND 50,000,000 and VND 500,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 246.Importing or dispersing harmful alien species

1. A person who commits one of the following acts shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Illegally importing harmful or potentially harmful alien animals or plants valued at between VND 250,000,000 and under VND 500,000,000, or valued at under VND 250,000,000 although having been administratively sanctioned for this act;

b/ Spreading harmful or potentially harmful alien animals or plants, causing property damage of between VND 150,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Illegally importing harmful or potentially harmful alien animals or plants objects valued at VND 500,000,000 or higher;

c/ Spreading harmful or potentially harmful alien animals or plants, causing property damage of VND 500,000,000 or higher.

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 3,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 3,000,000,000 and VND 5,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases prescribed in Clause 2 of this Article;

c/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Chapter XX

DRUG-RELATED OFFENSES

Article 247.Growing opium poppy, coca plants, cannabis plants or other narcotic-bearing plants

1. A person who grows opium poppy, coca plants, cannabis plants or other narcotic-bearing plants prescribed by the Government[238]in one of the following cases shall be subject to imprisonment of between 6 months and 3 years:

a/ Having been educated twice and been given conditions to stabilize their livelihood;

b/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged;

c/ Involving between 500 plants and under 3,000 plants.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Involving 3,000 plants or more;

c/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000.

4. Committing the offense in the cases prescribed in Clause 1 of this Article but having voluntarily destroyed the plants or handed over the plants to competent functional agencies before harvesting, the offender may be exempted from penal liability.

Article 248.Illegally producing narcotics

1. A person who illegally produces narcotics in any forms shall be subject to imprisonment of between 2 years and 7 years.

2.[239]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin, or coca paste;

e/ Involving between 5 grams and under 30 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

g/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

h/ Involving between 100 milliliters and under 200 milliliters of other narcotics in liquid form;

i/ Dangerous recidivism.

k/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points dd through h of this Clause.

3.[240]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ In a professional manner;

b/ Involving between 1 kilogram and under 5 kilograms of poppy resin, cannabis resin or coca paste;

c/ Involving between 30 grams and under 100 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

dd/ Involving between 200 milliliters and under 750 milliliters of other narcotics in liquid form;

e/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points b through dd of this Clause.

4.[241]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment or death penalty:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving 300 grams or more of other narcotics in solid form;

d/ Involving 750 milliliters or more of other narcotics in liquid form;

dd/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through d of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for 1 year to 5 years, or confiscation of part or the whole of property.

Article 249.Illegally stockpiling narcotics

1.[242]A person who illegally stockpiles narcotics not for the purpose of illegally purchasing, selling, transporting or producing narcotics in one of the following cases shall be subject to imprisonment of between 1 year and 5 years:

a/ Having been administratively sanctioned for the act prescribed in this Article or convicted of this offense or one of the offenses prescribed in Articles 248, 250, 251 and 252 of this Code and not had such conviction expunged;

b/ Involving between 1 gram and under 500 grams of poppy resin, cannabis resin or coca paste;

c/ Involving between 0.1 gram and under 5 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d/ Involving between 1 kilogram and under 10 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

dd/ Involving between 5 kilograms and under 50 kilograms of dried poppy fruits;

e/ Involving between 1 kilogram and under 10 kilograms of fresh poppy fruits;

g/ Involving between 1 gram and under 20 grams of other narcotics in solid form;

h/ Involving between 10 milliliters and under 100 milliliters of other narcotics in liquid form;

i/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points b through h of this Clause.

2.[243]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Employing a person aged under 16 years to commit the offense;

e/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

g/ Involving between 5 grams and under 30 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

h/ Involving between 10 kilograms and under 25 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

i/ Involving between 50 kilograms and under 200 kilograms of dried poppy fruits;

k/ Involving between 10 kilograms and under 50 kilograms of fresh poppy fruits;

l/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

m/ Involving between 100 milliliters and under 250 milliliters of other narcotics in liquid form;

n/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points e through m of this Clause;

o/ Dangerous recidivism.

3.[244]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving between 1 kilogram and under 5 kilogram of poppy resin, cannabis resin or coca paste;

b/ Involving between 30 grams and under 100 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving between 25 kilograms and under 75 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving between 200 kilograms and under 600 kilograms of dried poppy fruits;

dd/ Involving between 50 kilograms and under 150 kilograms of fresh poppy fruits;

e/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

g/ Involving between 250 milliliters and under 750 milliliters of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

4.[245]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving 75 kilograms or more of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving 600 kilograms or more of dried poppy fruits;

dd/ Involving 150 kilograms or more of fresh poppy fruits;

e/ Involving 300 grams or more of other narcotics in solid form;

g/ Involving 750 milliliters or more of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 250.Illegally transporting narcotics

1.[246]A person who illegally transports narcotics not for the purpose of illegally producing, purchasing, selling or stockpiling narcotics in one of the following cases shall be subject to imprisonment of between 2 years and 7 years:

a/ Having been administratively sanctioned for the act prescribed in this Article or convicted of this offense or one of the offenses prescribed in Articles 248, 249, 251 and 252 of this Code and not had such conviction expunged;

b/ Involving between 1 gram and under 500 grams of poppy resin, cannabis resin or coca paste;

c/ Involving between 0.1 gram and under 5 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d/ Involving between 1 kilogram and under 10 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

dd/ Involving between 5 kilograms and under 50 kilograms of dried poppy fruits;

e/ Involving between 1 kilogram and under 10 kilograms of fresh poppy fruits;

g/ Involving between 1 gram and under 20 grams of other narcotics in solid form;

h/ Involving between 10 milliliters and under 100 milliliters of other narcotics in liquid form;

i/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points b through h of this Clause.

2.[247]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Employing a person aged under 16 years to commit the offense;

e/ Across the border;

g/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

h/ Involving between 5 grams and under 30 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

i/ Involving between 10 kilograms and under 25 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

k/ Involving between 50 kilograms and under 200 kilograms of dried poppy fruits;

l/ Involving between 10 kilograms and under 50 kilograms of fresh poppy fruits;

m/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

n/ Involving between 100 milliliters and under 250 milliliters of other narcotics in liquid form;

o/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points g through n of this Clause;

p/ Dangerous recidivism.

3.[248]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving between 1 kilogram and under 5 kilogram of poppy resin, cannabis resin or coca paste;

b/ Involving between 30 grams and under 100 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving between 25 kilograms and under 75 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving between 200 kilograms and under 600 kilograms of dried poppy fruits;

dd/ Involving between 50 kilograms and under 150 kilograms of fresh poppy fruits;

e/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

g/ Involving between 250 milliliters and under 750 milliliters of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

4.[249]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment or death penalty:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving 75 kilograms or more of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving 600 kilograms or more of dried poppy fruits;

dd/ Involving 150 kilograms or more of fresh poppy fruits;

e/ Involving 300 grams or more of other narcotics in solid form;

g/ Involving 750 milliliters or more of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year to 5 years, or confiscation of part or the whole of property.

Article 251.Illegally purschasing or selling narcotics

1. A person who illegally purchases or sells narcotics shall be subject to imprisonment of between 2 years and 7 years.

2.[250]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Trading with 2 or more persons;

d/ Abusing his/her position and powers;

dd/ Abusing the name of an agency or organization;

e/ Employing a person aged under 16 years to commit the offense or selling narcotics to a person aged under 16 years;

g/ Across the border;

h/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

i/ Involving between 5 grams and under 30 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

k/ Involving between 10 kilograms and under 25 kilograms of coca leaves; khat (catha edulis) leaves; or leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

l/ Involving between 50 kilograms and under 200 kilograms of dried poppy fruits;

m/ Involving between 10 kilograms and under 50 kilograms of fresh poppy fruits;

n/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

o/ Involving between 100 milliliters and under 250 milliliters of other narcotics in liquid form;

p/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points h through o of this Clause;

q/ Dangerous recidivism.

3.[251]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Involving between 1 kilogram and under 5 kilogram of poppy resin, cannabis resin or coca paste;

b/ Involving between 30 grams and under 100 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving between 25 kilograms and under 75 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving between 200 kilograms and under 600 kilograms of dried poppy fruits;

dd/ Involving between 50 kilograms and under 150 kilograms of fresh poppy fruits;

e/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

g/ Involving between 250 milliliters and under 750 milliliters of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

4.[252]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment or death penalty:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving 75 kilograms or more of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving 600 kilograms or more of dried poppy fruits;

dd/ Involving 150 kilograms or more of fresh poppy fruits;

e/ Involving 300 grams or more of other narcotics in solid form;

g/ Involving 750 milliliters or more of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 252.Appropriating narcotics

1.[253]A person who appropriates narcotics in any forms in one of the following cases shall be subject to imprisonment of between 1 year and 5 years:

a/ Having been administratively sanctioned for the act prescribed in this Article or convicted of this offense or one of the offenses prescribed in Articles 248, 249, 250 and 251 of this Code and not had such conviction expunged;

b/ Involving between 1 gram and under 500 grams of poppy resin, cannabis resin or coca paste;

c/ Involving between 0.1 gram and under 5 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d/ Involving between 1 kilogram and under 10 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

dd/ Involving between 5 kilograms and under 50 kilograms of dried poppy fruits;

e/ Involving between 1 kilogram and under 10 kilograms of fresh poppy fruits;

g/ Involving between 1 gram and under 20 grams of other narcotics in solid form;

h/ Involving between 10 milliliters and under 100 milliliters of other narcotics in liquid form;

i/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points b through h of this Clause.

2.[254]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Employing a person aged under 16 years to commit the offense;

e/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

g/ Involving between 5 grams and under 30 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

h/ Involving between 10 kilograms and under 25 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

i/ Involving between 50 kilograms and under 200 kilograms of dried poppy fruits;

k/ Involving between 10 kilograms and under 50 kilograms of fresh poppy fruits;

l/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

m/ Involving between 100 milliliters and under 250 milliliters of other narcotics in liquid form;

n/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points e through m of this Clause;

o/ Dangerous recidivism.

3.[255]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving between 1 kilogram and under 5 kilogram of poppy resin, cannabis resin or coca paste;

b/ Involving between 30 grams and under 100 grams of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving between 25 kilograms and under 75 kilograms of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving between 200 kilograms and under 600 kilograms of dried poppy fruits;

dd/ Involving between 50 kilograms and under 150 kilograms of fresh poppy fruits;

e/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

g/ Involving between 250 milliliters and under 750 milliliters of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

4.[256]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of  between 15 years and 20 years or life imprisonment:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroine, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c/ Involving 75 kilograms or more of coca leaves; khat (catha edulis) leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants prescribed by the Government;

d/ Involving 600 kilograms or more of dried poppy fruits;

dd/ Involving 150 kilograms or more of fresh poppy fruits;

e/ Involving 300 grams or more of other narcotics in solid form;

g/ Involving 750 milliliters or more of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to one of those prescribed at Points a through g of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 253.Stockpiling, transporting, purchasing or selling, or appropriating precursors for use in illegal production of narcotics

1.[257]A person who stockpiles, transports, purchases or sells, or appropriates precursors for use in illegal production of narcotics in one of the following cases shall be subject to imprisonment of between 1 year and 6 years:

a/ Having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

b/ Involving between 50 grams and under 200 grams of precursors in solid form;

c/ Involving between 75 milliliters and under 300 milliliters of precursors in liquid form.

2.[258]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 years and 13 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Involving between 200 grams and under 500 grams of precursors in solid form;

e/ Involving between 300 milliliters and under 750 milliliters of precursors in liquid form;

g/ Employing a person aged under 16 years to commit the offense;

h/ Cross-border transportation or trading;

i/ Dangerous recidivism.

3.[259]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 13 years and 20 years:

a/ Involving between 500 grams and under 1,200 grams of precursors in solid form;

b/ Involving between 750 milliliters and under 1,800 milliliters of precursors in liquid form.

4.[260]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Involving 1,200 grams or more of precursors in solid form;

b/ Involving 1,800 milliliters or more of precursors in liquid form.

5.[261]For cases involving precursors in both solid and liquid forms, precursors shall be converted into the same type for use as a basis for penal liability examination with the ratio of 1 gram of precursor in solid form equivalent to 1.5 milliliters of precursor in liquid form. A person who commits the offense shall be examined for penal liability according to the clause which prescribes the corresponding weight or volume of precursors after conversion.

6. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year to 5 years, or confiscation of part or the whole of property.

Article 254.Manufacturing, stockpiling, transporting, or purchasing or selling equipment and tools for illegal production or use of narcotics

1. A person who manufactures, stockpiles, transports, or purchases or sells equipment or tools for illegal production or use of narcotics in one of the following cases, shall be subject to imprisonment of between 1 year and 5 years:

a/ Having been administratively sanctioned for one of these acts or convicted of this offense and not had such conviction expunged;

b/ Involving between 6 units and 19 units of tools or equipment of the same or different types.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Involving[262]20 or more of units of tools or equipment of the same or different types;

e/ Cross-border transportation or trading[263];

g/ Employing a person aged under 16 years to commit the offense;

h/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 255.Organizing illegal use of narcotics

1. A person who organizes the illegal use of narcotics in any forms shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Committing the offense twice or more;

b/ Involving 2 or more persons;

c/ Involving a person aged between full 13 years and under 18 years;

d/ Involving a woman known to be pregnant;

dd/ Involving a person who is receiving drug addiction treatment;

e/ Causing harm to the health of another person with an injury rate of between 31% and 60%;

g/ Causing a dangerous disease to another person;

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Causing harm to the health of another person with an injury rate of 61% or higher or causing human death;

b/ Causing harm to the health of 2 or more persons with an injury rate of between 31% and 60% for each person;

c/ Causing dangerous diseases to 2 or more persons;

d/ Involving a person aged under 13 years.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Causing harm to the health of 2 or more persons with an injury rate of 61% or higher for each person;

b/ Causing the death of 2 or more persons.

5. The offender may also be subject to a fine of between VND 50,000,000 and VND 500,000,000, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 256.Harboring illegal use of narcotics

1. A person who leases or lends venues for, or commits any other acts of harboring the illegal use of narcotics, if not falling into the cases prescribed in Article 255 of this Code, shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Abusing his/her position and powers;

b/ Committing the offense twice or more;

c/ Involving a person aged under 16 years;

d/ Involving 2 or more persons;

dd/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 50,000,000 and VND 200,000,000 or confiscation of part or the whole of property.

Article 257.Forcing other persons to illegally use narcotics

1. A person who uses force or threats to use force or employs another trick to spiritually intimidate another person to compel the latter to illegally use narcotics against his/her will shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ With a despicable motive or for self-seeking purposes;

d/ Against a person aged from full 13 years to under 18 years;

dd/ Against a woman known to be pregnant;

e/ Against 2 or more persons;

g/ Against a person who is receiving drug addiction treatment;

h/ Causing harm to the health of another person with an injury rate of between 31% and 60%;

i/ Causing a dangerous disease to another person;

k/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Causing harm to the health of another person with an injury rate of 61% or higher or causing human death;

b/ Causing a dangerous disease to 2 or more persons;

c/ Involving a person aged under 13 years.

4. Committing the offense, causing the death of 2 or more persons, the offender shall be subject to imprisonment of 20 years or life imprisonment.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 100,000,000.

Article 258.Dragging another person into illegally using narcotics

1. A person who invites, induces, instigates or employs another trick to drag another person into illegally using narcotics shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ With a despicable motive or for self-seeking purposes;

d/ Against a person aged between full 13 years and under 18 years;

dd/ Against a woman known to be pregnant;

e/ Against 2 or more persons;

g/ Against a person who is receiving drug addiction treatment;

h/ Causing harm to the health of another person with an injury rate of between 31% and 60%;

i/ Causing a dangerous disease to another person;

k/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Causing harm to the health of another person with an injury rate of 61% or higher or causing human death;

b/ Causing dangerous diseases to 2 or more persons;

c/ Against a person aged under 13 years.

4. Committing the offense, causing the death of 2 or more persons, the offender shall be sentenced to imprisonment of between 15 years and 20 years or life imprisonment.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 100,000,000.

Article 259.Violating regulations on management of narcotics, precursors, habit-forming drugs and psychotropic drugs[264]

1.[265]A person who is responsible for managing narcotics, precursors, habit-forming drugs or psychotropic drugs but commits one of the following acts or has been disciplined or administratively sanctioned for one of the acts prescribed in this Article or convicted of one of the offenses prescribed in Chapter XX of this Code and not had such conviction expunged, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000 or imprisonment of between 1 year and 5 years:

a/ Violating regulations on export, import, temporary import, re-export and transit of narcotics, precursors, habit-forming drugs or psychotropic drugs;

b/ Violating regulations on research into, assessment, manufacture and preservation of narcotics, precursors, habit-forming drugs or psychotropic drugs;

c/ Violating regulations on delivery, receipt and transportation of narcotics, precursors, habit-forming drugs or psychotropic drugs;

d/ Violating regulations on distribution, trading and exchange of narcotics, precursors, habit-forming drugs or psychotropic drugs;

dd/ Violating regulations on management, control and storage of narcotics, precursors, habit-forming drugs or psychotropic drugs at border gates, border areas and at sea;

e/ Violating regulations on allocation, distribution and permission for use of narcotics, habit-forming drugs or psychotropic drugs.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.


 

Chapter XXI

OFFENSES OF INFRINGEMENT UPON PUBLIC SAFETY AND PUBLIC ORDER

Section 1

OFFENSES OF INFRINGEMENT UPON TRAFFIC SAFETY

Article 260.Violating regulations on road traffic[266]

1. A road user who violates regulations on road traffic safety, causing damage to others in one of the following cases, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Having no driver’s license as prescribed by law;

b/ Committing the offense after drinking alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, or after using narcotics or another strong stimulant;

c/ Fleeing in order to shirk responsibility or intentionally refusing to help the victim(s);

d/ Failing to obey commands of traffic controllers and instructors;

dd/ Causing the death of 2 persons;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

g/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Committing a violation of regulations on road traffic which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 261.Obstructing road traffic[267]

1. A person who illegally digs, drills, cuts, levels or buries road traffic works; illegally places, leaves or dumps materials, wastes, garbage, sharp objects, slippery substances, or other obstacles that obstruct road traffic; illegally removes or dislocates, falsifies, blocks or destroys traffic signs, signal lights, traffic cones, traffic mirrors, median strips or other road traffic safety facilities; illegally opens intersections across roads or roads with median strips; illegally uses roadsides, pavements, roadways, or road safety corridors, or violates regulations on assurance of road traffic safety during construction activities on roads, causing damage to others in one of the following cases, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years or, imprisonment of between 6 months and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 300,000,000 or imprisonment of between 2 years and 7 years:

a/ Committing the offense at passes, slopes, expressways, or dangerous road sections;

b/ Causing the death of 2 persons;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

d/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Obstructing road traffic in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 5,000,000 and VND 20,000,000 or non-custodial reform for up to 1 year.

Article 262.Putting into use unroadworthy road motor vehicles or special-use vehicles[268]

1. A person who is directly responsible for the use or technical conditions of road motor vehicles or special-use vehicles and permits the use of road motor vehicles or special-use vehicles that obviously fail to meet technical safety standards, causing damage to others in one of the following cases, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 263.Mobilizing unqualified persons to operate vehicles on public roads[269]

1. A competent person who clearly knows that another person does not have a driver’s license, is unqualified in terms of health or age for operating a vehicle, has drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, has used narcotics or another strong stimulant, or does not meet other law-prescribed conditions but still mobilizes such person to operate a vehicle on public roads, causing damage to others in one of the following cases, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 30,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 264.Assigning unqualified persons to operate vehicles on public roads[270]

1. A person who clearly knows that another person does not have a driver’s license, has drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, has used narcotics or another strong stimulant, or fails to meet other law-prescribed conditions but still assigns such person to operate a vehicle on public roads, causing damage to others in one of the following cases, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000 or non-custodial reform for up to 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or imprisonment of between 6 months and 3 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 30,000,000.

Article 265.Illegally organizing vehicle races[271]

1. A person who illegally organizes races of cars, motorcycles or motor vehicles of other types shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 4 years and 10 years:

a/ Organizing a race with the participation of 10 or more vehicles or organizing 2 or more races at the same time;

b/ Organizing betting;

c/ Opposing persons responsible for ensuring traffic order and safety or persons responsible for dismissing illegal races;

d/ Organizing races in densely populated areas;

dd/ Removing safety devices from racing vehicles;

e/ Causing human death;

g/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

h/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

i/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

k/ Recidivism of this offense or the offense of illegal racing.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 8 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

dd/ Dangerous recidivism.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 266.Participating inillegal vehicle races[272]

1. A person who participates in an illegal race of cars, motorcycles or motor vehicles of other types, causing damage to others in one of the following cases or although having been administratively sanctioned for the act prescribed in this Article or Article 265 of this Code or convicted of one of these offenses and not had such conviction expunged, shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 6 months and 3 years:

a/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of between 31% and 60%;

b/ Causing property damage of between VND 50,000,000 and under VND 100,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 50,000,000 and VND 150,000,000 or imprisonment of between 3 years and 10 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

dd/ Fleeing in order to shirk responsibility or intentionally refusing to help the victim(s);

e/ Participating in betting;

g/ Opposing persons responsible for ensuring traffic order and safety or persons responsible for dismissing illegal motor races;

h/ Racing in densely populated areas;

i/ Removing safety devices of racing vehicles;

k/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 267.Violatingregulations on operation of railway vehicles[273]

1. A commander or an operator of railway vehicles who violates regulations on railway traffic safety, causing damage to other persons in one of the following cases, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Having no license, professional qualification or certificate corresponding to his/her assigned task;

b/ Having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit or having used narcotics or another strong stimulant;

c/ Fleeing in order to shirk responsibility or intentionally refusing to help the victim(s);

d/ Failing to obey orders of commanders or persons competent to control and maintain railway traffic order and safety;

dd/ Causing the death of 2 persons;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

g/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Committing a violation of regulations on operation of railway vehicles which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 1 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 268.Obstructing railway traffic[274]

1. A person who places obstacles on railways; moves rails or sleepers; illegally drills, digs or cuts track beds; illegally opens crossings, or builds drains or other works across railways; damages, changes, moves or blocks signals, signboards or marker posts of railway traffic works; lets animals across railways against regulations or lets animals pull carts across railways without riders; illegally operates self-made vehicles or prohibited vehicles on  railways, destroys railway vehicles, occupies railway safety corridors or protection scope of railway traffic works, causing damage to others in one of the following cases, or although having been disciplined or administratively sanctioned for one of the acts prescribed in this Article, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Obstructing railway traffic in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 1 years.

Article 269.Putting into use unsafe railway vehicles or equipment[275]

1. A person who is directly responsible for the use or technical conditions of railway vehicles or equipment and permits the use of railway vehicles or equipment that obviously fail to meet technical safety standards or have no certificate of registration or certificate of inspection, causing damage to others in one of the following cases, or although having been disciplined or administratively sanctioned for this act, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 270.Mobilizing unqualified persons to operate railway vehicles[276]

1. A person who mobilizes a person without a train driving license or a person having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit or having used narcotics or another strong stimulant, or failing to meet other law-prescribed conditions to operate railway vehicles, causing damage to others in one of the following cases, or although having been disciplined or administratively sanctioned
for this act, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 271.Assigning unqualified persons to operate railway vehicles[277]

1. A person who assigns a person without a train driving license, having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit or having used narcotics or another strong stimulant, or failing to meet other law-prescribed conditions to operate railway vehicles, causing damage to others in one of the following cases, or although having been disciplined or administratively sanctioned for this act, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing the death of 3 persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 272.Violating regulations on operation of waterway vehicles[278]

1. An operator of waterway vehicles who violates regulations on waterway traffic safety, causing damage to others in one of the following cases, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Having no license or professional competency certificate or professional certificate relevant to his/her title or type of vehicle as prescribed;

b/ Having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, or having used narcotics or another strong stimulant;

c/ Fleeing in order to shirk responsibility or intentionally refusing to help the victim(s);

d/ Failing to obey orders of waterway traffic commanders or persons competent to control and maintain waterway traffic order and safety;

dd/ Causing the death of 2 persons;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

g/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Committing a violation of regulations on operation of waterway vehicles which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 1 year.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 273.Obstructing waterway traffic[279]

1. A person who illegally drills or digs, damaging the structure of waterway traffic works; creates obstacles to waterway traffic without placing and maintaining signals; moves signals thus reducing their effect and functions; removes signals or destroys waterway traffic works; occupies waterway channels or their protection corridors; or commits other acts of obstructing waterway traffic, causing damage to others in one of the following cases, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Obstructing waterway traffic in a case which may practically cause a  consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 30,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 1 year.

Article 274.Putting into use unsafe waterway vessels[280]

1. A person who is directly responsible for the use or technical conditions of waterway vessels and permits the use of waterway vessels that obviously fail to meet technical safety standards, causing damage to others in one of the following cases or although having been disciplined or administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 275.Mobilizing unqualified persons to operate waterway vessels[281]

1. A person who mobilizes a person having no license, professional competency certificate or professional certificate as prescribed by law or having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit or having used narcotics or another strong stimulant, or failing to meet other law-prescribed conditions to operate waterway vessels, causing damage to others in one of the following cases or although having been disciplined or administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 276.Assigning unqualified persons to operate waterway vessels[282]

1. A person who assigns a person having no license, professional competency certificate and professional certificate as prescribed, having drunk alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit or having used narcotics or another strong stimulant, or failing to meet other law-prescribed conditions to operate waterway vessels, causing damage to others in one of the following cases or although having been disciplined or administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 277.Violating regulations on operation of aircraft[283]

1. An aircraft commander or operator who violates regulations on air traffic safety, which may practically cause damage to the life, health or property of others if not being prevented in time, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000,
non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 278.Obstructing air traffic[284]

1. A person who places obstacles; illegally moves, falsifies, blocks or destroys air traffic safety signboards or signals; incorrectly uses or interferes communications frequencies; damages equipment or facilities of airports or other auxiliary equipment and devices serving flight safety; provides inaccurate information to an extent that threatens the safety of aircraft, passengers, flight crews, ground staffs or other persons at airports or airfields, or civil aviation works, equipment or facilities; operates or puts into use in flight operation areas ground vehicles that fail to meet technical conditions, or commits other acts obstructing air traffic, causing damage to others in one of the following cases, or although having been disciplined or administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

d/ Being directly responsible for air traffic safety or directly managing air traffic safety equipment.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Obstructing air traffic in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 279.Putting into use unsafe aircraft and flight operation assurance equipment[285]

1. A person who is directly responsible for the use or technical conditions of aircraft and flight operation assurance equipment and permits the use of aircraft or flight operation assurance equipment that obviously fail to meet technical safety standards, shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 8 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 280.Mobilizing or assigning unqualified persons to operate aircraft[286]

1. A person who mobilizes or assigns a person having no pilot’s license or failing to meet other law-prescribed conditions to operate aircraft shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 281.Violating regulations on maintenance, repair and management of traffic works[287]

1. A person who is responsible for maintenance, repair and management of road, railway, waterway or air traffic works and commits one of the following acts, causing human death or inflicting injury to, or causing harm to the health of, another person with an injury rate of between 61% or higher or inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%, or causing property damage of between VND 100,000,000 and under VND 500,000,000, shall be subject to imprisonment of between 6 months and 3 years:

a/ Failing to implement or improperly implementing regulations on repair, maintenance and management of traffic works, leading to their failure to ensure technical safety and satisfy technical standards;

b/ Failing to timely repair damaged traffic works, threatening traffic safety;

c/ Failing to implement or improperly implementing traffic instructions and control measures, failing to place traffic signboards, cones or barriers in order to prevent accidents pending or during the maintenance or repair of damaged traffic works;

d/ Failing to implement or improperly implementing regulations on inspection and implementation of measures to ensure traffic safety on dangerous sloppy roads, roads with stone falls or landslides, waterlogged roads or other unsage roads;

dd/ Failing to take timely measures to deal with or prevent accidents upon detecting or being informed of damaged traffic works under his/her management;

e/ Failing to implement or improperly implementing regulations on placement of warning signals during construction and repair of traffic works;

g/ Failing to remove warning signboards, barriers, equipment and materials upon completion of construction activities;

h/ Violating other regulations on maintenance, repair and management of traffic works.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 282.Hijacking aircraft, ships

1. A person who uses force, threatens to use force or employs another trick to hijack an aircraft or a ship shall be subject to imprisonment of between 7 years and 15 years.

2.[288]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ In an organized manner;

b/ Using a weapon or dangerous equipment or employing another dangerous trick;

c/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

d/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000.

dd/ Dangerous recidivism.

3.[289]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person;

d/ Appropriating property valued at VND 500,000,000 or higher.

4.[290]The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 283.Operating aircraft in violation of aviation regulations of the Socialist Republic of Vietnam[291]

1. A person who operates an aircraft into or out of Vietnam and violates aviation regulations of the Socialist Republic of Vietnam, if not falling into the cases prescribed in Articles 110 and 111 of this Code, shall be subject to a fine of between VND 100,000,000 and VND 300,000,000 or imprisonment of between 3 months and 3 years.

2. Committing the offense, causing serious consequences, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 7 years.

3. Committing the offense, causing very serious or particularly serious consequences, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or imprisonment of between 5 years and 12 years.

Article 284.Operating maritime vessels in violation of maritime regulations of the Socialist Republic of Vietnam[292]

1. A person who operates a maritime vessel into or out of, or through the territorial sea of, Vietnam, and commits one of the following acts, if not falling into the cases prescribed in Articles 110 and 111 of this Code, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or non-custodial reform for up to 3 years:

a/ Sailing in excess of the speed limit in seaport water zones;

b/ Sailing outside the permitted zones as prescribed;

c/ Failing to carry out or fully carry out port entry and exit procedures, follow the pilotage regime, carry out procedures for anchoring, mooring, docking and drawing alongside, and comply with regulations on order and sanitation, fire and explosion safety, and environmental pollution prevention;

d/ Failing to comply or properly comply with regulations on operation, passing oncoming vessels, overtaking, giving way in maritime traffic; or the maritime vessel failing to have horns, bells and gongs as prescribed or their volume failing to meet prescribed requirements;

dd/ Failing to have navigation lights and signal lamps up to prescribed standards; failing to emit or properly emit sound signals and light signals.

2. Committing the offense causing serious consequences, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 1 year and 3 years.

3. Committing the offense causing very serious or particularly serious consequences, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,500,000,000 or imprisonment of between 3 years and 7 years.

Section 2

OFFENSES RELATED TO INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS NETWORKS

Article 285.Producing, purchasing or selling, exchanging or donating devices, equipment and software used for unlawful purposes

1. A person who produces, purchases or sells, exchanges or[293]donates devices, equipment or software having the feature of attacking computer networks or telecommunications networks[294]or electronic devices used for unlawful purposes shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 500,000,000 or imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ In a professional manner;

d/ Gaining illicit profits of between VND 50,000,000 and under VND 500,000,000;

dd/ Causing property damage of between VND 100,000,000 and under VND 1,000,000,000;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 500,000,000 and VND 1,000,000,000 or imprisonment of between 3 years and 7 years:

a/ Gaining illicit profits of VND 500,000,000 or higher;

b/ Causing property damage of VND 1,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 286.Spreading software programs harming the operation of computer networks, telecommunications networks and electronic devices

1. A person who intentionally spreads a software program harming the operation of a computer network or telecommunications network or electronic devices in one of the following cases shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

b/ Causing damage of between VND 50,000,000 and under VND 300,000,000;

c/ Infecting between 50 and under 200 electronic devices, or an information system with between 50 and under 200 users;

d/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

c/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000;

d/ Infecting between 200 and under 500 electronic devices, or an information system with between 200 and under 500 users;

dd/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Against a data system classified as state secret or a communication system serving national defense and security;

b/ Against national communication infrastructure; an information system for regulating the national power grid; a financial information system or banking information system; or a traffic control information system;

c/ Gaining illicit profits of VND 500,000,000 or higher;

d/ Causing damage of VND 1,000,000,000 or higher;

dd/ Infecting 500 or more electronic devices or an information system with 500 or more users.

4. The offender may also be subject to a fine of between VND 30,000,000 and under VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 287.Obstructing or disordering the operation of computer networks, telecommunications networks and electronic devices

1. A person who intentionally deletes, damages or alters a software or electronic data; illegally obstructs the data transmission of a computer network or telecommunications network or an electronic device; or commits another act of obstructing or disordering the operation of a computer network or telecommunications network or an electronic device in one of the following cases, if not falling into the cases prescribed in Articles 286 and 289 of this Code, shall be subject to a fine of between VND 30,000,000 and VND 200,000,000 or imprisonment of between 6 months and 3 years:

a/ Gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

b/ Causing damage of between VND 100,000,000 and under VND 500,000,000;

c/ Crippling, interrupting or stalling the operation of a computer network or telecommunications network or an electronic device for between 30 minutes and less than 24 hours, or between 3 times and 9 times within 24 hours;

d/ Stalling the operation of an agency or organization for between 24 hours and less than 72 hours;

dd/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing the right of administration of a computer network or telecommunications network;

c/ Dangerous recidivism;

d/ Gaining illicit profits of between VND 200,000,000 and under VND 1,000,000,000;

dd/ Causing damage of between VND 500,000,000 and under VND 1,500,000,000;

e/ Crippling, interrupting or stalling the operation of a computer network or telecommunications network or an electronic device for between 24 hours and less than 168 hours, or between 10 times and 49 times within 24 hours;

g/ Stalling the operation of an agency or organization for between 72 hours and less than 168 hours.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Against a data system classified as state secret or a communication system serving national defense and security;

b/ Against national communication infrastructure; an information system for regulating the national power grid; a financial information system[295]or banking information system; or a traffic control information system;

c/ Gaining illicit profits of VND 1,000,000,000 or higher;

d/ Causing damage of VND 1,500,000,000 or higher;

dd/ Crippling, interrupting or stalling the operation of a computer network or telecommunications network or an electronic device for 168 hours or longer, or 50 times or more within 24 hours;

e/ Stalling the operation of an agency or organization for 168 hours or longer.

4. The offender may also be subject to a fine of between VND 30,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 288.Illegally uploading information on or using information of computer networks and telecommunications networks

1. A person who commits one of the following acts, gaining illicit profits of between VND 50,000,000 and under VND 200,000,000, or causing damage of between VND 100,000,000 and under VND 500,000,000, or creating negative public opinion, consequently harming the reputation of an agency, organization or individual, shall be subject to a fine of between VND 30,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Uploading unlawful information on a computer network or telecommunications network, if not falling into the cases prescribed in Articles 117, 155, 156 and 326 of this Code;

b/ Purchasing or selling, exchanging, donating, changing or making public lawful private information of an agency, organization or individual on a computer network or telecommunications network without the permission of the owner of such information;

c/ Committing other acts of illegally using information on a computer network or telecommunications network.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Abusing the right of administration of a computer network or telecommunications network;

c/ Gaining illicit profits of VND 200,000,000 or higher;

d/ Causing damage of VND 500,000,000 or higher;

dd/ Infringing upon personal privacy leading to the suicide of the victim;

e/ Causing adverse impacts on security or social order and safety or on foreign relations of Vietnam;

g/ Leading to demonstrations.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 289.Illegally accessing computer networks, telecommunications networks and electronic devices of other persons

1. A person who intentionally bypasses warnings, passcodes or firewalls, uses the administration right of another person or uses another method to illegally access a computer network or telecommunications network, or an electronic device of another person to take over the control right; intervenes in the functions of an electronic device; hacks, changes, destroys or forges data or illegally uses services, shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

d/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000;

dd/ Against a national internet exchange, national database of domain names or national system of domain name servers;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Against a data system classified as state secret; or a communication system serving national defense and security;

b/ Against national communication infrastructure; a communication system for regulating the national power grid; a financial information system or banking information system; or a traffic control information system;

c/ Gaining illicit profits of VND 500,000,000 or higher;

d/ Causing damage of VND 1,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 290.Using computer networks, telecommunications networks or electronic devices to appropriate property

1. A person who uses a computer network or telecommunications network or an electronic device to commit one of the following acts, if not falling into one of the cases prescribed in Articles 173 and 174 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Using information on bank accounts or bank cards of an agency, organization or individual to appropriate property of the account or card holder(s) or to pay for goods or services;

b/ Making, storing, purchasing or selling, using or circulating fake bank cards in order to appropriate property of the account or card holder(s) or to pay for goods or services;

c/ Illegally accessing the account of an agency, organization or individual to appropriate property;

d/ Committing frauds in e-commerce, e-payment, or online currency business, capital mobilization, multi-level marketing or securities transactions to appropriate property;

dd/ Illegally establishing and providing telecommunications or internet services to appropriate property.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ In a professional manner;

d/ Involving between 50 and under 200 fake cards;

dd/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

e/ Causing damage of between VND 50,000,000 and under VND 300,000,000;

g/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

b/ Causing damage of between VND 300,000,000 and under VND 500,000,000;

c/ Involving between 200 and under 500 fake cards.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Appropriating property valued at VND 500,000,000 or higher;

b/ Causing damage of VND 500,000,000 or higher;

c/ Involving 500 or more fake cards.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 291.Illegally collecting, storing, exchanging, purchasing, selling and making public information on bank accounts

1. A person who illegally collects, stores, exchanges, purchases or sells, or makes public information on between 20 and under 50 bank accounts of other persons, or gaining illicit profits of between VND 20,000,000 and under VND 50,000,000, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 200,000,000 or imprisonment of between 3 months and 2 years:

a/ Collecting, storing, exchanging, purchasing or selling, or making public information on between 50 and under 200 bank accounts of other persons;

b/ In an organized manner;

c/ In a professional manner;

d/ Gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

dd/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 2 years and 7 years:

a/ Collecting, storing, exchanging, purchasing, selling or making public information on 200 or more bank accounts of other persons;

b/ Gaining illicit profits of VND 200,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 292.[296](annulled)

Article 293.Illegally using radio frequencies which are exclusively used for emergency, safety, search, rescue, salvage or national defense and security purposes

1. A person who illegally uses for another purpose radio frequencies which are exclusively used for emergency, safety, search, rescue, salvage or national defense and security purposes, causing damage of between VND 200,000,000 and under VND 500,000,000, or although having been administratively sanctioned for this act or convicted of this offense but not had such conviction expunged, shall be subject to a fine of between VND 50,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Causing damage of VND 500,000,000 or higher;

c/ Dangerous recidivism.

Article 294.Intentionally causing harmful radio-frequency interference

1. A person who intentionally causes harmful radio-frequency interference, obstructing the normal operation of a radio-frequency communication system, causing damage of between VND 200,000,000 and under VND 500,000,000, or although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 50,000,000 and VND 100,000,000 or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Causing damage of VND 500,000,000 or higher;

c/ Dangerous recidivism.

Section 3

OTHER OFFENSES AGAINST PUBLIC SAFETY

Article 295.Violating regulations on occupational safety, occupational health and safety in crowded places[297]

1. A person who violates regulations on occupational safety, occupational health or safety in crowded places, causing damage to others in one of the following cases, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

d/ The offender is in charge of occupational safety, occupational health or safety in crowded places.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

d/ Causing property damage of VND 1,500,000,000 or higher.

4. Violating regulations on occupational safety, occupational health or safety in crowded places in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 296.Violating regulations on employment of persons aged under 16 years[298]

1. A person who employs a person aged under 16 years to do a heavy or dangerous job or a job exposed to hazardous substances on the list prescribed by the State in one of the following cases, shall be subject to a fine of between VND 30,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 31% and 60%.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Committing the offense twice or more;

b/ Causing human death;

c/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of 122% or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000 or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 297.Forcing labor[299]

1. A person who uses force, threatens to use force or employs another trick to force others to work in one of the following cases shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of between 31% and 60%;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 31% and 60%.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Against a person aged under 16 years, a woman known to be pregnant, an old and weak person, or a person with severe or particularly severe disabilities;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of 122% or higher.

4. The offender may also be subject to a fine of between VND 30,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 298.Violating regulations on construction, causing serious consequences[300]

1. A person who violates regulations on construction in the fields of survey, design, construction, use of raw materials, materials and machinery, monitoring, pre-acceptance inspection or another field in one of the following cases, if not falling into the cases prescribed in Article 224 and 281 of this Code, shall be subject to a fine of between VND 50,000,000 and VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 30,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 299.Terrorism

1. A person who, for the purpose of causing public panic, infringes upon the life of another person or destroys the property of an agency, organization or individual, shall be subject to imprisonment of between 10 years and 20 years, life imprisonment or death penalty.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 15 years:

a/ Establishing or joining a terrorist organization or terrorism financing organization;

b/ Forcing, dragging, recruiting, training or coaching terrorists; manufacturing or supplying weapons for terrorists;

c/ Infringing upon the body freedom or health of a person, or seizing or damaging the property of an agency, organization or individual;

d/[301]Attacking, infringing upon, obstructing or disordering the operation of a computer network or telecommunications network or an electronic device of an agency, organization or individual.

3. Committing the offense in case of threatening to commit one of the acts prescribed in Clause 1 of this Article or committing another act of mental intimidation, the offender shall be subject to imprisonment of between 2 years and 7 years.

4. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

5. The offender may also be subject to deprivation of some citizens’ rights, probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 300.Financing terrorism

1. A person who raises or provides money or assets in any form to an individual terrorist or a terrorist organization shall be subject to imprisonment of between 5 years and 10 years.

2. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

3. The offender may also be subject to probation, prohibition of residence for between 1 year and 5 years, or confiscation of part or the whole of property.

4.[302]A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 7,000,000,000 and VND 15,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the case prescribed in Clause 1 of this Article;

b/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

c/ The commercial legal person may also be subject to a fine of between VND 1,000,000,000 and VND 5,000,000,000, prohibition from doing business in certain areas, prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 301.Taking hostages

1.[303]A person who captures, holds or detains another person as hostage to force a country or territory, or an international organization, or an agency, organization or individual to do or not to do something as a condition for releasing the hostage, if not falling into the cases prescribed in Articles 113 and 299 of this Code, shall be subject to imprisonment of between 1 year and 4 years.

2.[304]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Against a person aged under 18 years, a woman known to be pregnant, or a person aged full 70 years or older;

d/ Against a person currently on official duty;

dd/ Causing serious consequences.

3.[305]Committing the offense causing very serious consequences, the offender shall be subject to imprisonment of between 5 years and 10 years.

4.[306]Committing the offense causing particularly serious consequences, the offender shall be subject to imprisonment of between 8 years and 15 years.

5. A person who prepares to commit this offense shall be subject to imprisonment of between 6 months and 3 years.

Article 302.Piracy

1. A person who commits one of the following acts shall be subject to imprisonment of between 5 years and 10 years:

a/ Attacking a ship, an aircraft or another maritime vessel currently in the high seas or in an area not under the jurisdiction of any country;

b/ Assaulting or capturing people on board a ship, an aircraft or another maritime vessel prescribed at Point a of this Clause;

c/ Robbing and destroying property on board a ship, an aircraft or another maritime vessel prescribed at Point a of this Clause.

2.[307]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 11% and 30%;

c/ Appropriating property valued at between VND 50,000,000 and under VND 200,000,000;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3.[308]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

b/ Appropriating property valued at between VND 200,000,000 and under VND 500,000,000;

c/ Causing property damage of between VND 500,000,000 and under VND 1,000,000,000.

4.[309]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 18 years and 20 years or life imprisonment:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person;

d/ Appropriating property valued at VND 500,000,000 or higher;

dd/ Causing property damage of VND 1,000,000,000 or higher.

5. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

Article 303.Destroying important national security works, establishments and facilities

1.[310]A person who destroys a transport or information-communication work, establishment or facility; electricity, fuel pipeline or irrigation work or another work important for national defense, security, economy, science and technology, culture or social affairs, if not falling into the cases prescribed in Article 114 of this Code, shall be subject to imprisonment of between 3 years and 12 years.

2.[311]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 20 years or life imprisonment:

a/ In an organized manner;

b/ Damaging, or halting the operation of, an important national security work, establishment or facility;

c/ Causing the death of 3 or more persons;

d/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

dd/ Causing property damage of VND 1,500,000,000 or higher;

e/ Causing adverse impacts on the socio-economic situation;

g/ Dangerous recidivism.

3. A person who prepares to commit this offense shall be subject to imprisonment of between 1 year and 5 years.

4. The offender may also be subject to probation for between 1 year and 5 years.

Article 304.Illegally manufacturing, stockpiling, transporting, using, purchasing or selling, or appropriating, military weapons and military technical equipment

1. A person who illegally manufactures, stockpiles, transports, uses, purchases or sells, or appropriates, military weapons or military technical equipment shall be subject to imprisonment of between 1 year and 7 years.

2.[312]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In an organized manner;

b/ Cross-border transportation or trading;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

e/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

g/ Involving violating objects in a large quantity or of a high value;

h/ Dangerous recidivism.

3.[313]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

d/ Involving violating objects in a very large quantity or of a very high value;

4.[314]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher for all;

c/ Causing property damage of VND 1,500,000,000 or higher.

d/ Involving violating objects in a particularly large quantity or of a particularly high value.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, probation, or prohibition of residence for between 1 year and 5 years.

Article 305.Illegally manufacturing, stockpiling, transporting, using, purchasing or selling, or appropriating, explosive materials

1. A person who illegally manufactures, stockpiles, transports, uses, purchases or sells, or appropriates, explosive materials, shall be subject to imprisonment of between 1 year and 5 years.

2.[315]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ Involving between 10 kilograms and under 30 kilograms of explosives of different types;

c/ Involving a large quantity of explosive accessories;

d/ Cross-border transportation or trading;

dd/ Causing human death;

e/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

g/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

h/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

i/ Dangerous recidivism.

3.[316]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Involving between 30 kilograms and under 100 kilograms of explosives of different types;

b/ Involving a very large quantity of explosive accessories;

c/ Causing the death of 2 persons;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

dd/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4.[317]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Involving 100 kilograms or more of explosives of different types;

b/ Involving a particularly large quantity of explosive accessories;

c/ Causing the death of 3 or more persons;

d/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

dd/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, probation, or prohibition of residence for between 1 year and 5 years.

Article 306.Illegally manufacturing, stockpiling, transporting, using, purchasing or selling, or appropriating, shotguns, primitive weapons, sport weapons or support tools[318]

1. A person who illegally manufactures, stockpiles, transports, uses, purchases or sells, or appropriates, shotguns, primitive weapons, sport weapons, or other weapons with similar features and functions as of shotguns, sport weapons or support tools, although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged shall be subject to imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ In an organized manner;

b/ Involving violating objects in a large quantity;

c/ Cross-border transportation or trading;

d/ Causing human death;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

g/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Involving violating objects in a very or particularly large quantity;

b/ Causing the death of 2 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of 122%;

d/ Causing property damage of VND 500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, probation, or prohibition of residence for between 1 year and 5 years.

Article 307.Violating regulations on management of weapons, explosive materials and support tools[319]

1. A person who violates regulations on management of the manufacture, repair, furnishment, use, preservation, storage, transport, purchase and sale, or destruction of military weapons, shotguns, sport weapons, explosive materials and support tools, causing damage to others in one of the following cases shall be subject to imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Violating regulations on management of weapons, explosive materials and support tools in a case which may practically cause a consequence prescribed at Point a, b, or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 3 years, or imprisonment of between 3 months and 2 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 308.Showing irresponsibility in keeping weapons, explosive materials and support tools, causing serious consequences[320]

1. A person who is equipped with military weapons, shotguns, sport weapons, explosive materials or support tools and, due to his/her irresponsibility, lets another person use weapons, explosive materials or support tools in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 309.Illegally producing, stockpiling, transporting, using, spreading, purchasing or selling, or appropriating, radioactive substances or nuclear materials[321]

1. A person who illegally produces, stockpiles, transports, uses, purchases or sells, or appropriates, radioactive substances or nuclear materials shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In an organized manner;

b/ Cross-border transportation or trading;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

e/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

g/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, probation, or prohibition of residence for between 1 year and 5 years.

Article 310.Violating regulations on management of radioactive substances and nuclear materials[322]

1. A person who violates regulations on management of production, furnishment, use, preservation, storage, transportation, purchase and sale, or disposal of radioactive substances or nuclear materials, causing damage to others in one of the following cases, shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Violating regulations on management of radioactive substances and nuclear materials in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 311.Illegally producing, stockpiling, transporting, using, or purchasing or selling inflammables and toxics[323]

1. A person who illegally produces, stockpiles, transports, uses, or purchases or sells inflammables or toxics shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ Involving violating objects in a large quantity;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

dd/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

e/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

g/ Cross-border transportation or trading;

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Involving violating objects in a very large quantity;

b/ Causing the death of 2 persons;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

d/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Involving violating objects in a particularly large quantity;

b/ Causing the death of 3 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

d/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, probation, or prohibition of residence for between 1 year and 5 years.

Article 312.Violating regulations on management of inflammables and toxics[324]

1. A person who violates regulations on management of production, furnishment, use, preservation, storage, transportation, purchase and sale, or disposal of inflammables or toxics in one of the following cases shall be subject to imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 313.Violating regulations on fire prevention and fighting[325]

1. A person who violates regulations on fire prevention and fighting, causing damage to others in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment of between 2 years and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 1 person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 8 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Violating regulations on fire prevention and fighting in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to warning, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 314.Violating regulations on safety in operation of electricity works[326]

1. A person who allows the building of, or builds without permission, houses or works within the safety corridors of electricity works; causes explosions or fires, burns forests for cultivation, grows trees, or causes tree falls, consequently affecting the safe operation of electricity works; digs holes, drives piles or builds houses within the safety corridors of underground electric cables; anchors ships or boats in the safety corridors of underground electric cables placed on river beds or sea beds which have been notified or alerted with signboards; unsafely installs electrical equipment or constructs electricity lines or commits other acts of causing unsafety in the operation of electricity works as prescribed by law, in one of the following cases, or although having been disciplined or administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000 or imprisonment of between 6 months and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 100,000,000 and VND 300,000,000 or imprisonment of between 2 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 years and 10 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. Violating regulations on safety in the operation of electricity works in a case which may practically cause a consequence prescribed at Point a, b or c, Clause 3 of this Article if not being prevented in time, the offender shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

5. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 315.Violating regulations on medical examination and treatment, production, preparation, dispensation and sale of drugs or other health services[327]

1. A person who violates regulations on medical examination and treatment, production, preparation, dispensation and sale of drugs or other health services in one of the following cases, if not falling into the cases prescribed in Article 259 of this Code, shall be subject to imprisonment of between 1 year and 5 years:

a/ Causing human death;

b/ Causing harm to the health of another person with an injury rate of 61% or higher;

c/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing the death of 2 persons;

b/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Causing harm to the health of 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 316.Illegal abortion

1.[328]A person who performs illegal abortions on others in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 3 years:

a/ Causing human death;

b/ Causing harm to the health of 1 person with an injury rate of 61% or higher;

c/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Having been disciplined or administratively sanctioned for this act or convicted of this offense and not had such conviction expunged.

2.[329]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing the death of 2 persons;

b/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 122% and 200%.

3.[330]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 3 or more persons;

b/ Causing harm to the health of 3 or more persons with an aggregate injury rate of 201% or higher.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 317.Violating regulations on food safety and hygiene[331]

1. A person who commits one of the following acts, violating regulations on food safety, shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or imprisonment of between 1 year and 5 years:

a/ Using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids, which are known to be prohibited from use or to be outside the list of those permitted for use, in the production of products valued at between VND 10,000,000 and under VND 100,000,000, or although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

b/ Processing food from animals that have died of diseases or epidemics or are subject to disposal as prescribed by law, or supplying or selling food known to be originated from animals that have died of diseases or epidemics or are subject to disposal, with a value of between VND 10,000,000 and under VND 100,000,000, or although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

c/ Using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids, which are known to be not yet permitted for use or circulation in Vietnam, in the production of products valued at between VND 100,000,000 and under VND 300,000,000, or valued at between VND 50,000,000 and under VND 100,000,000 although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

d/ Importing, providing or selling foods which are known to contain substances, chemicals, food additives or food processing aids prohibited from use or outside the list of those permitted for use, with a value of between VND 10,000,000 and under VND 100,000,000, or gaining illicit profits of between VND 5,000,000 and under VND 20,000,000, or although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

dd/ Importing, providing or selling foods which are known to contain substances, chemicals, food additives or food processing aids not yet permitted for use or circulation in Vietnam, with a value of between VND 100,000,000 and under VND 300,000,000, or gaining illicit profits of between VND 50,000,000 and under VND 100,000,000; or food with a value of between VND 50,000,000 and under VND 100,000,000 or gaining illicit profits of between VND 20,000,000 and under VND 50,000,000 although having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged;

e/ Committing one of the acts prescribed at Points a through dd of this Clause, or processing, or providing or selling food known to fail to comply with technical regulations or regulations on food safety, causing poison seriously affecting the health of between 5 and 20 persons, or causing harm to the health of another person with an injury rate of between 31% and 60%.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Causing human death;

c/ Causing poison seriously affecting the health of between 21 and 100 persons;

d/ Causing harm to the health of another person with an injury rate of 61% or higher;

dd/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 61% and 121%;

e/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids prohibited from use or outside the list of those permitted for use, with a value of between VND 100,000,000 and under VND 300,000,000, or gaining illicit profits of between VND 20,000,000 and under VND 100,000,000;

g/ Food containing materials being animals having died of diseases or epidemics or subject to disposal, with a value of between VND 100,000,000 and under 300,000,000;

h/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids not yet permitted for use or circulation in Vietnam, with a value of between VND 300,000,000 and under VND 500,000,000, or gaining illicit profits of between VND 100,000,000 and under VND 200,000,000;

i/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Causing the death of 2 persons;

b/ Causing poison seriously affecting the health of between 101 and 200 persons;

c/ Causing harm to the health of 2 or more persons with an aggregate injury rate of between 122% and 200%;

d/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids prohibited from use or outside the list of those permitted for use, with a value of between VND 300,000,000 and under VND 500,000,000, or gaining illicit profits of between VND 100,000,000 and under VND 300,000,000;

dd/ Food containing materials being animals having died of diseases or epidemics or subject to disposal, with a value of between VND 300,000,000 and under VND 500,000,000;

e/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids not yet permitted for use or circulation in Vietnam, with a value of between VND 500,000,000 and under VND 1,000,000,000, or gaining illicit profits of between VND 200,000,000 and under VND 500,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Causing the death of 3 or more persons;

b/ Causing poison seriously affecting the health of 201 or more persons;

c/ Causing harm to the health of 3 or more persons with an aggregate injury rate of 201% or higher;

d/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids prohibited from use or outside the list of those permitted for use, with a value of between VND 500,000,000 or higher, or gaining illicit profits of VND 300,000,000 or higher;

dd/ Food containing materials being animals having died of diseases or epidemics or subject to disposal, with a value of VND 500,000,000 or higher;

e/ Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids not yet permitted for use or circulation in Vietnam, with a value of 1,000,000,000 or higher, or gaining illicit profits of VND 500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Section 4

OTHER OFFENSES AGAINST PUBLIC ORDER

Article 318.Causing public disorder

1. A person who disturbs public order, causing adverse impacts on security or social order and safety, or although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 5,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Using a weapon or dangerous instrument or committing an act of vandalism;

c/ Seriously obstructing traffic or causing halt of public activities;

d/ Inciting another person to cause disorder;

dd/ Assaulting a person who intervenes to maintain public order;

e/ Dangerous recidivism.

Article 319.Interfering with human corpses, graves and remains

1. A person who digs or destroys a grave; appropriates objects left therein or thereon or commits another act of interfering with a human corpse, grave or remains, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Causing adverse impacts on security or social order and safety;

b/ Appropriating or destroying an object of historical or cultural value;

c/ With a despicable motive;

d/ Appropriating parts of a human corpse or remains.

Article 320.Practicing superstitions

1. A person who practices fortune-telling, acts as a medium or practices other forms of superstition although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Causing human death;

b/ Gaining illicit profits of VND 200,000,000 or higher;

c/ Causing adverse impacts on security or social order and safety.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 321.Gambling

1.[332]A person who illegally gambles in any forms, winning or losing money or objects valued at between VND 5,000,000 and under VND 50,000,000, or winning or losing money or objects valued at under VND 5,000,000 although having been administratively sanctioned for this act or for an act prescribed in Article 322 of this Code or convicted of this offense or the offense prescribed in Article 322 of this Code and not had such conviction expunged, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, 000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In a professional manner:

b/ Money or objects used in gambling valued at VND 50,000,000 or higher;

c/ Using the internet, a computer network or telecommunications network or an electronic device to commit the offense;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 322.Organizing gambling or running gambling dens

1.[333]A person who illegally organizes gambling or runs gambling dens in one of the following cases shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment of between 1 year and 5 years:

a/ Organizing for 10 or more persons to gamble at the same time with a total value of money or objects used for gambling reaching VND 5,000,000 or higher, or organizing for 2 or more gambling groups at the same time with a total value of money or objects used for gambling reaching VND 5,000,000 or higher.

b/ Using places under his/her ownership or management for 10 or more persons to gamble at the same time with a total value of money or objects used for gambling reaching VND 5,000,000 or higher, or for 2 or more gambling groups at the same time with a total value of money or objects used for gambling reaching VND 5,000,000 or higher.

c/ The total value of money or objects used for gambling at one time reaches VND 20,000,000 or higher;

d/ Organizing places for gamblers to pledge their assets; installing facilities for gambling or assigning guards and waiters for gambling; arranging exits for gamblers in case of police roundup; using equipment to facilitate the gambling;

dd/ Having been administratively sanctioned for one of the acts prescribed in this Article or an act prescribed in Article 321 of this Code or convicted of this offense or the offense prescribed in Article 321 of this Code and not had such conviction expunged.

2.[334]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In a professional manner;

b/ Gaining illicit profits of VND 50,000,000 or higher;

c/ Using the internet, a computer network or telecommunications network or an electronic device to commit the offense;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

Article 323.Harboring or consuming property of crimes committed by other persons

1. A person who, without prior promise, harbors or consumes property clearly known to be gained from a crime committed by another person, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Property or violating objects valued at between VND 100,000,000 and under VND 300,000,000;

d/ Gaining illicit profits of between VND 20,000,000 and under VND 100,000,000;

dd/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 10 years:

a/ Property or violating objects valued at between VND 300,000,000 and under VND 1,000,000,000;

b/ Gaining illicit profits of between VND 100,000,000 and under VND 300,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Property or violating objects valued at VND 1,000,000,000 or higher;

b/ Gaining illicit profits of VND 300,000,000 or higher.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000 or confiscation of part or the whole of property.

Article 324.Money laundering[335]

1. A person who commits one of the following acts shall be subject to imprisonment of between 1 year and 5 years:

a/ Participating directly or indirectly in financial, banking or another transaction in order to conceal the illegal origin of money or property which is acquired from his/her commission of a crime, or which, he/she knows or has grounds to believe, is acquired from another person’s commission of a crime;

b/ Using money or property which is acquired from his/her commission of a crime, or which, he/she knows or has grounds to believe, is acquired from another person’s commission of a crime, for business or other activities;

c/ Concealing information about the origin, true nature, location, movement or ownership of money or property which is acquired from his/her commission of a crime, or which, he/she knows or has grounds to believe, is acquired from another person’s commission of a crime, or obstructing the verification of such information;

d/ Committing one of the acts prescribed at Points a, b and c of this Clause toward money or property which, he/she knows, is acquired from the movement, transfer or conversion of money or property acquired from another person’s commission of a crime.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Committing the offense twice or more;

d/ In a professional manner;

dd/ Employing a sophisticated or treacherous trick;

e/ Violating money or property valued at between VND 200,000,000 and under VND 500,000,000;

g/ Gaining illicit profits of between VND 50,000,000 and under VND 100,000,000;

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Violating money or property valued at VND 500,000,000 or higher;

b/ Gaining illicit profits of VND 100,000,000 or higher;

c/ Causing adverse impacts on the national financial and monetary system.

4. A person who prepares to commit this offense shall be subject to imprisonment of between 6 months and 3 years.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6. A commercial legal person that commits the offense prescribed in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 5,000,000,000, if falling into the cases prescribed in Clause 1 of this Article;

b/ A fine of between VND 5,000,000,000 and VND 10,000,000,000, if falling into one of the cases prescribed at Point a, c, d, dd, e, g and h, Clause 2 of this Article;

c/ A fine of between VND 10,000,000,000 and VND 20,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases prescribed in Clause 3 of this Article;

d/ Termination of operation, if falling into the case prescribed in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 1,000,000,000 and VND 5,000,000,000, prohibition from doing business in certain areas or prohibition from operating in certain areas, or prohibition from raising capital for between 1 year and 3 years.

Article 325.Inducing or forcing persons aged under 18 years to violate law or harboring law violators aged under 18 years[336]

1. A person aged full 18 years or older who commits one of the following acts shall be subject to imprisonment of between 1 year and 5 years:

a/ Inviting, dragging in, buying off, inciting or instigating a person aged under 18 years to commit a crime or follow a depraved lifestyle;

b/ Threatening, intimidating, using force or committing another act to force a person aged under 18 years to commit a crime or follow a depraved lifestyle;

c/ Harboring a law violator aged under 18 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Against 2 or more persons;

c/ Against a person aged under 13 years;

d/ Harboring a person aged under 18 years who commits a very serious or particularly serious crime, or inviting, dragging in, buying off, inciting, instigating, threatening, intimidating or forcing a person aged under 18 years to commit a very serious or particularly serious crime;

dd/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Article 326.Disseminating debauched cultural products

1.[337]A person who makes, duplicates, circulates, transports, purchases or sells, or stockpiles for dissemination books, newspapers, pictures, photographs, films, music or other items with pornographic or debauched content, or commits another act of disseminating debauched items in one of the following cases, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Involving between 1 gigabyte (GB) and under 5 gigabytes (GB) of digitized data;

b/ Involving between 100 and under 200 printed photos;

c/ Involving between 50 and under 100 units of printed books or newspapers or other items;

d/ Disseminating to between 10 and 20 persons;

dd/ Having been administratively sanctioned for one of the acts prescribed in this Article or convicted of this offense and not had such conviction expunged.

2.[338]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ Involving between 5 gigabytes (GB) and under 10 gigabytes (GB) of digitized data;

c/ Involving between 200 and under 500 printed photos;

d/ Involving between 100 units and under 200 units of printed books or newspapers or other items;

dd/ Disseminating to between 21 and 100 persons;

e/ Disseminating to persons aged under 18 years;

g/ Using the internet, a computer network or telecommunications network or an electronic device to commit the offense;

h/ Dangerous recidivism.

3.[339]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Involving 10 or more gigabytes (GB) of digitized data;

b/ Involving 500 or more printed photos;

c/ Involving 200 units or more of printed books or newspapers or other items;

d/ Disseminating to 101 or more persons.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 30,000,000 or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 327.Harboring prostitutes

1. A person who harbors a prostitute shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Forcing another person into prostitution;

c/ Committing the offense twice or more;

d/ Harboring 4 or more prostitutes;

dd/ Against a person aged between full 16 years and under 18 years;

e/ Causing mental and behavioral disorders to a prostitute with an injury rate of between 31% and 60%[340];

g/ Gaining illicit profits of between VND 50,000,000 and under VND 200,000,000;

h/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Against a person aged between full 13 years and under 16 years;

b/ Gaining illicit profits of between VND 200,000,000 and under VND 500,000,000;

c/ Causing mental and behavioral disorders to a prostitute with an injury rate of 61% or higher[341].

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Against 2 or more persons aged between full 13 years and under 16 years;

b/ Gaining illicit profits of VND 500,000,000 or higher;

c/ Forcing another person into prostitution, resulting in his/her death or suicide.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, probation for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 328.Prostitution brokerage

1. A person who acts as a broker to induce or lead another person to buy or sell sex shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Against a person aged between full 16 years and under 18 years;

b/ In an organized manner;

c/ In a professional manner;

d/ Committing the offense twice or more;

dd/ Against 2 or more persons;

e/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

g/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Against a person aged between full 13 years and under 16 years;

b/ Gaining illicit profits of VND 500,000,000 or higher.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 329.Buying sex from persons aged under 18 years

1. A person aged full 18 years or older who buys sex from a person aged under 18 years, except in the case prescribed at Point b, Clause 1, Article 142 of this Code, shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Buying sex twice or more;

b/ Buying sex from a person aged between full 13 years and under 16 years;

c/ Causing harm to the health of a victim with an injury rate of between 31% and 60%.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Committing the offense twice or more against persons aged between full 13 years and under 16 years;

b/ Causing harm to the health of a victim with an injury rate of 61% or higher.

4. The offender shall also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Chapter XXII

OFFENSES AGAINST ADMINISTRATIVE MANAGEMENT ORDER

Article 330.Resisting persons on official duty

1. A person who uses force or threatens to use force or employs another trick to obstruct a person on official duty, or forces the latter to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Instigating, dragging in or inciting another person to commit the offense;

d/ Causing property damage of VND 50,000,000 or higher;

dd/ Dangerous recidivism.

Article 331.Abusing freedoms and democratic rights to infringe upon the State’s interests or lawful rights and interests of organizations or individuals

1. A person who abuses the right to freedom of speech, freedom of press, freedom of belief and religion, or freedom of assembly and association, or other freedoms and democratic rights to infringe upon the State’s interests or lawful rights and interests of an organization or individual shall be subject to warning, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense, causing adverse impacts on security or social order and safety, the offender shall be subject to imprisonment of between 2 years and 7 years.

Article 332.Evading military service

1. A person who fails to observe the law on military service registration or to abide by the order for enlistment into the army or the order for participation in military training although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ Inflicting injury to himself/herself or causing harm to his/her own health;

b/ Committing the offense during wartime;

c/ Dragging another person into committing the offense.

Article 333.Disobeying orders summoning reservists to join the army

1. A reservist who disobeys an order for enlistment into the army in case of general mobilization, local mobilization or war, or at the demand for strengthening the regular force of the army to defend localities or the territorial sovereignty, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Inflicting injury to himsef/herself or causing harm to his/her own health;

b/ Dragging another person into committing the offense.

Article 334.Acting against regulations on military performance of service

1. A person who abuses his/her position and powers to act against regulations on military service registration, order for enlistment into the army or order for participation in military training shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense during war time, the offender shall be subject to imprisonment of between 2 years and 7 years.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 335.Obstructing the performance of military service

1. A person who intentionally obstructs the military service registration, the order for enlistment into the army or order for participation in military training, shall be subject to warning, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in case of abusing position and powers or during war time, the offender shall be subject to imprisonment of between 2 years and 5 years.

Article 336.Unlawfully registering civil status

1. A person with duty and powers who unlawfully registers or issues civil status  documents although having been disciplined for this act, shall be subject to warning or non-custodial reform for up to 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 months and 2 years:

a/ Illegally registering or issuing civil status documents for 2 or more persons;

b/ Civil status documents illegally issued or registered are used for commission of illegal acts.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 337.Intentionally disclosing state secrets; appropriating, purchasing or selling, or destroying state secret objects or documents[342]

1.[343]A person who intentionally discloses a state secret or appropriates, purchases or sells, or destroys a state secret object or document, if not falling into the case prescribed in Article 110 of this Code, shall be subject to imprisonment of between 2 years and 7 years.

2.[344]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ The state secret classified as strict secret;

b/ Abusing his/her position and powers;

c/ Causing damage to national defense, security, foreign relations, economy or culture.

3.[345]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ In an organized manner;

b/ The state secret classified as top secret;

c/ Committing the offense twice or more;

d/ Causing damage to the political regime, independence, sovereignty and territorial unity and integrity.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 338.Unintentionally disclosing state secrets; losing state secret objects or documents

1. A person who unintentionally discloses a state secret or loses a state secret object or document shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases[346], the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ The state secret classified as strict or top secret;

b/ Causing damage to national defense, security, foreign relations, economy, culture,[347]political regime, independence, sovereignty or territorial unity and integrity.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 339.Assuming false leadership positions, ranks or working positions

A person who assumes a false leadership position, rank or working position in order to commit an illegal act, but not for the purpose of appropriating property, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

Article 340.Falsifying and using certificates or documents of agencies, organizations

1. A person who falsifies the content of a passport, visa, residence registration book, civil status registration paper, or certificates or documents of an agency or organization, and uses such paper to commit a crime, or although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to warning, a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Committing the offense twice or more;

b/ Using the falsified paper or document to commit a very serious crime or particularly serious crime.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 20,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 341.Forging seals and documents of agencies or organizations; using forged seals and documents of agencies or organizations[348]

1. A person who forges the seal or a document or another paper of an agency or organization or uses a forged seal, document or paper to commit an illegal act, shall be subject to a fine of between VND 30,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Forging between 2 and 5 seals, documents or other papers;

d/ Using a forged seal, document or paper to commit a less serious or serious crime;

dd/ Gaining illicit profits of between VND 10,000,000 and under VND 50,000,000;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Forging 6 or more seals, documents or other papers;

b/ Using a forged seal, document or another paper to commit a very serious or particularly serious crime;

c/ Gaining illicit profits of VND 50,000,000 or higher.

4. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000.

Article 342.Appropriating, purchasing, selling or destroying seals or documents of agencies or organizations

1. A person who appropriates, purchases, sells or illegally destroys the seal or a document of an agency or organization, which is not classified as state secret or work secret, shall be subject to a fine of between VND 5,000,000 and VND 50,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ In an organized manner;

b/ Gaining illicit profits of VND 10,000,000 or higher;

c/ In order[349]to commit an illegal act;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 20,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 343.Violating regulations on management of dwelling houses

1. A person who illegally occupies dwelling or builds a dwelling house although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

The illegally built dwelling house or work may be dismantled, compulsorily purchased or confiscated.

2. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000.

Article 344.Violating regulations on publication activities[350]

1.[351]A person who violates regulations on publication activities in one of the following cases shall be subject to warning, a fine of between VND 20,000,000 and VND 200,000,000, non-custodial reform for up to 2 years, or imprisonment of between 3 months and 2 years:

a/ Printing 2,000 or more copies of each publication without a decision on publication, or a permit for publication of non-commercial documents, or an approved manuscript as prescribed by law;

b/ Publishing, printing or distributing 500 or more copies of a publication which has been suspended from distribution, withdrawn, confiscated, prohibited from circulation, destroyed, or illegally imported;

c/ Publishing or distributing an e-publication with contents prohibited by law or without a publication decision or an approved manuscript as prescribed by law.

2.[352]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ In an organized manner;

b/ Falsifying contents of an approved manuscript or the manuscript of a non-commercial document affixed with the seal of the publication licensing agency in order to publish the manuscript with contents prohibited by the Publication Law;

c/ Distributing a publication with contents prohibited by the Publication Law.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 345.Violating regulations on protection and use of historical-cultural relics, famous landscapes and scenic places, causing serious consequences

1. A person who violates regulations on protection and use of historical-cultural relics, famous landscapes and scenic places, causing damage of between VND 100,000,000 and under VND 500,000,000 to a historical-cultural relic, famous landscape or scenic place; destroys or changes original elements constituting a provincial-level historical-cultural relic, famous landscape or scenic place, or although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to warning, a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. Committing the offense, causing damage of VND 500,000,000 or higher to a historical-cultural relic, famous landscape or scenic place, or destroying or changing original elements constituting a historical-cultural relic, famous landscape or scenic place of national level or special national level, the offender shall be subject to imprisonment of between 3 years and 7 years.

Article 346.Violating regulations on border areas

1. A person who violates regulations on residence and travel or other regulations on border areas although having been administratively sanctioned for this act or convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000 or imprisonment of between 6 months and 3 years.

2. Dangerous[353]recidivism or committing the offense, causing adverse impacts on security or social order and safety in a border area, the offender shall be subject to imprisonment of between 2 years and 7 years.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000 or prohibition of residence for between[354]1 year and 5 years.

Article 347.Violating regulations on entry and exit; illegally staying in Vietnam

A person who illegally exits or enters Vietnam or illegally stays in Vietnam although having been administratively sanctioned for this act, shall be subject to a fine of between VND 5,000,000 and VND 50,000,000 or imprisonment of between 6 months and 3 years.

Article 348.Organizing or brokering illegal exit from, entry into or stay in Vietnam

1. A person who, for self-seeking purposes, organizes or brokers illegal exit from, entry into or stay in Vietnam for another person shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Abusing his/her position and powers;

b/ Committing the offense twice or more;

c/ For between 5 and 10 persons;

d/ In a professional manner;

dd/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ For 11 or more persons;

b/ Gaining illicit profits of VND 500,000,000 or higher;

c/ Causing human death.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 349.Organizing or brokering illegal emigration or illegal stay abroad

1. A person who organizes or brokers the illegal emigration or stay abroad for another person, if not falling into the case prescribed in Article 120 of this Code, shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Abusing his/her position and powers;

b/ Committing the offense twice or more;

c/ For between 5 and 10 persons;

d/ In a professional manner;

dd/ Gaining illicit profits of between VND 100,000,000 and under VND 500,000,000;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ For 11 or more persons;

b/ Gaining illicit profits of VND 500,000,000 or higher;

c/ Causing human death.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 350.Forcing other persons to illegally emigrate or stay abroad

1. A person who forces another person to illegally emigrate or stay abroad, if not falling into the case prescribed in Article 120 of this Code, shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases[355], the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Committing the offense twice or more;

b/ Against between 5 and 10 persons;

c/ In a professional manner;

d/ With a despicable motive;

dd/ Dangerous recidivism.

3. Committing the offense in one of the following cases[356], the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Against 11 or more persons;

b/ Causing human death.

Article 351.Desecrating the national flag, national emblem and national anthem

A person who intentionally desecrates the national flag, national emblem or national anthem shall be subject to warning, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

Chapter XXIII

POSITION-RELATED OFFENSES

Article 352.Definition of position-related offenses

1. Position-related offenses are acts of infringing upon rightful activities of agencies and organizations, which are committed by position holders when performing official duties and tasks.

2. A position holder is a person who is assigned through appointment, election, contract or another form, with or without salary, to perform a certain duty and has certain powers when performing official duties and tasks.

Section 1

OFFENSES OF CORRUPTION

Article 353.Embezzling property

1. A person who abuses his/her position and powers to appropriate property under his/her management valued at between VND 2,000,000 and under VND 100,000,000, or under VND 2,000,000 but in one of the following cases, shall be subject to imprisonment of between 2 years and 7 years:

a/ Having been disciplined for this act;

b/ Having been convicted of one of the offenses prescribed in Section 1 of this Chapter and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Employing a treacherous or dangerous trick;

c/ Committing the offense twice or more;

d/ Appropriating property valued at between VND 100,000,000 and under VND 500,000,000;

dd/ Appropriating money or property used for hunger eradication and poverty reduction; money, allowances, subsidies or incentives for persons with meritorious services to the revolution; reserve funds, or money or property granted or raised for areas affected by natural disasters or epidemics or areas with particularly difficult economic conditions;

e/ Causing property damage of between VND[357]1,000,000,000 and under VND 3,000,000,000;

g/ Adversely affecting the life of cadres, civil servants, public employees and other employees of an agency or organization.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ Appropriating property valued at between VND 500,000,000 and under VND 1,000,000,000;

b/ Causing property damage of between VND 3,000,000,000 and under VND 5,000,000,000;

c/ Causing adverse impacts on security or social order and safety;

d/ Resulting in bankruptcy or halt of operation of another enterprise or organization.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment, or death penalty:

a/ Appropriating property valued at VND 1,000,000,000 or higher;

b/ Causing property damage of VND 5,000,000,000 or higher.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 30,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

6. A person with position and powers at a non-state enterprise or organization who embezzles property shall be handled in accordance with this Article.

Article 354.Taking bribes

1. A person who abuses his/her position and powers, directly or through an intermediary, accepts or will accept any of the following benefits for himself/herself or for another person or organization in order to do or not to do a certain act in the interest or at the request of the briber, shall be subject to imprisonment of between 2 years and 7 years:

a/ Money, property or other material benefits valued at between VND 2,000,000 and under VND 100,000,000, or under VND 2,000,000 but the offender has been disciplined for this act or convicted of one of the offenses prescribed in Section 1 of this Chapter and not had such conviction expunged;

b/ Non-material benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ The bribes are money, property or other material benefits valued at between VND 100,000,000 and under VND 500,000,000;

d/ Causing property damage of between VND[358]1,000,000,000 and under VND 3,000,000,000;

dd/ Committing the offense twice or more;

e/ Knowing obviously that the bribe is state property;

g/ Asking for bribe, causing bureaucratic harassment or employing a treacherous trick.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ The bribes are money, property or other material benefits valued at between VND 500,000,000 and under VND 1,000,000,000;

b/ Causing property damage of between VND 3,000,000,000 and under VND 5,000,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years, life imprisonment, or death penalty:

a/ The bribes are money, property or other material benefits valued at VND 1,000,000,000 or higher;

b/ Causing property damage of VND 5,000,000,000 or higher.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 30,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

6. A person with position and powers at a non-state enterprise or organization who takes bribes shall be handled in accordance with this Article.

Article 355.Abusing position and powers to appropriate property

1. A person who abuses his/her position and powers to appropriate another person’s property valued at between VND 2,000,000 and under VND 100,000,000, or under VND 2,000,000 but in one of the following cases, shall be subject to imprisonment of between 1 year and 6 years:

a/ Having been disciplined for this act;

b/ Having been convicted of one of the offenses prescribed in Section 1 of this Chapter and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 years and 13 years:

a/ In an organized manner;

b/ Employing a treacherous or dangerous trick;

c/ Committing the offense twice and more;

d/ Appropriating property valued at between VND 100,000,000 and under VND 500,000,000;

dd/ Causing property damage of between VND[359]1,000,000,000 and under VND 3,000,000,000.

e/ Appropriating money or property used for hunger eradication and poverty reduction; money, allowances, subsidies for persons with meritorious services to the revolution; reserve funds, or money or property granted and raised for areas affected by natural disasters or epidemics or areas with particularly difficult economic conditions.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 13 years and 20 years:

a/ Appropriating property valued at between VND 500,000,000 and under VND 1,000,000,000;

b/ Causing property damage of between VND 3,000,000,000 and under VND 5,000,000,000;

c/ Resulting in bankruptcy or halt of operation of another enterprise or organization;

d/ Causing adverse impacts on security or social order and safety.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Appropriating property valued at VND 1,000,000,000 or higher;

b/ Causing property damage of VND 5,000,000,000 or higher.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 30,000,000 and VND 100,000,000 or confiscation of part or the whole of property.

Article 356.Abusing position and powers when on official duty

1. A person who, for self-seeking purposes or with a personal motive, abuses his/her position and powers to act against his/her official duty, causing property damage of between VND 10,000,000 and under VND 200,000,000, or causing other[360]damage to the State’s interests or lawful rights and interests of an organization or individual, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Causing property damage of between VND 200,000,000 and under VND 1,000,000,000.

3. Committing the offense, causing property damage of VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 10 years and 15 years.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Article 357.Misfeasance while on official duty

1. A person who, for self-seeking purposes or with a personal motive, acts beyond his/her authority against his/her official duty, causing property damage of between VND 10,000,000 and under VND 100,000,000 or causing other[361]damage to the State’s interests or lawful rights and interests of an organization or individual, shall be subject to imprisonment of between 1 year and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

3. Committing the offense, causing property damage of between VND 500,000,000 and under VND 1,500,000,000, the offender shall be subject to imprisonment of between 10 years and 15 years.

4. Committing the offense, causing property damage of VND 1,500,000,000 or higher, the offender shall be subject to imprisonment of between 15 years and 20 years.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Article 358.Abusing position and powers to influence other persons for self-seeking purposes

1. A person who abuses his/her position and powers and, directly or through an intermediary, asks for, receives or will receive any of the following benefits in any form in order to influence another person with position and powers to do or not to do something under the latter’s charge or directly related to the latter’s work or to do something the latter is not allowed to do, shall be subject to imprisonment of between 1 year[362]and 6 years:

a/ Money, property or other material benefits are valued at between VND 2,000,000 and under VND 100,000,000, or under VND 2,000,000 but the offender has been disciplined for this act;

b/ Non-material benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 6 years and 13 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Money, property or other material benefits valued at between VND 100,000,000 and under VND 500,000,000;

d/ Causing property damage of between VND[363]1,000,000,000 and under VND 3,000,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 13 years and 20 years:

a/ Money, property or other material benefits valued at between VND 500,000,000 and under VND 1,000,000,000;

b/ Causing property damage of between VND 3,000,000,000 and under VND 5,000,000,000.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Money, property or other material benefits valued at VND 1,000,000,000 or higher;

b/ Causing property damage of VND 5,000,000,000 or higher.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years and may be subject to a fine of between VND 30,000,000 and VND 100,000,000.

Article 359.Forgery in work

1. A person who, for self-seeking purposes or with a personal motive, abuses his/her position and powers to commit one of the following acts, shall be subject to imprisonment of between 1 year and 5 years:

a/ Falsifying the contents of a paper or document;

b/ Making or granting a forged paper;

c/ Forging the signature of a person with position and powers.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ The offender is responsible for making or granting papers or documents;

c/ Making or granting between 2 and 5 forged papers.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Making or granting between 6[364]and 10 forged papers;

b/ In order to commit a less serious crime or serious crime.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Making or granting[365]11 or more forged papers;

b/ In order to commit a very serious or particularly serious crime.

5. The offender shall also be subject to prohibition from holding certain positions or performing certain jobs for between 1 year and 5 years and may be subject to a fine of between VND 10,000,000 and VND 100,000,000.

Section 2

OTHER POSITION-RELATED OFFENSES

Article 360.Showing irresponsibility causing serious consequences[366]

1. A person with position and powers who, due to his/her irresponsibility, fails to perform or to properly perform his/her assigned tasks in one of the following cases, if not falling into the cases prescribed in Articles 179, 308 and 376 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing the death of 2 persons;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing the death of 3 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher.

c/ Causing property damage of VND 1,500,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 361.Intentionally disclosing work secrets; appropriating, purchasing, selling or destroying documents of work secret

1. A person who intentionally discloses a work secret or appropriates, purchases, sells or destroys a document of work secret, if not falling into the cases prescribed in Articles 110, 337 and 342 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Gaining illicit profits of VND 50,000,000 or higher;

d/ Causing property damage of VND 100,000,000 or higher;

dd/ Causing adverse impacts on the operation of an agency or organization;

e/ Allowing another person to use the secrets for commission of an illegal act.

3. The offender shall also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 362.Unintentionally disclosing work secrets; losing documents of work secret

1. A person who unintentionally discloses a work secret or loses a document of work secret in one of the following cases, if not falling into the cases prescribed in Article 338 of this Code, shall be subject to warning or non-custodial reform for up to 2 years[367]:

a/ Causing adverse impacts on the operation of an agency or organization;

b/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

c/ Allowing another person to use the secrets for commission of a less serious or serious crime.

2. Committing the offense in one of the following cases, the offender shall be subject to non-custodial reform of between 2 years and 3 years or[368]imprisonment of between 3 months and 2 years:

a/ Causing property damage of VND 500,000,000 or higher;

b/ Allowing another person to use the secrets for commission of a very serious or particularly serious crime.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 363. Abandoning duties

1.[369]A  cadre, civil servant or public employee who intentionally abandons his/her duties, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

2.[370]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Dragging another person into abandoning his/her duties;

b/ Causing very serious or particularly serious consequences;

c/ Committing the offense in the case of war, natural disaster, epidemic or in another particularly difficult circumstance of the society.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 364.Offering bribes

1. A person who, directly or through an intermediary, offers or will offer any of the following benefits to a person with position and powers or another person or another organization for the person with position and powers to do or not to do something in the interest or at the request of the briber, shall be subject to a fine of between VND 20,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Money, property or other material benefits valued at between VND 2,000,000 and under VND 100,000,000;

b/ Non-material benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Employing a treacherous trick;

c/ Offering bribes being state property;

d/ Abusing his/her position and powers;

dd/ Committing the offense twice or more;

e/ Bribes being money, property or other material benefits valued at between VND 100,000,000 and under VND 500,000,000.

3. If the bribes are money, property or other material benefits valued at VND 500,000,000 and under VND 1,000,000,000, the offender shall be subject to imprisonment of between 7 years and 12 years.

4. If the bribes are money, property or other material benefits valued at VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 12 years and 20 years.

5. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

6. A person who offers or will offer a bribe to a foreign public employee, an employee of a public international organization, or a person with position in a non-state enterprise or organization shall also be handled in accordance with this Article.

7. A person who is forced to offer a bribe but voluntarily reports such before being detected shall be regarded innocent and be returned the entire bribe voluntarily.

A person who offers a bribe without being forced to do so but voluntarily reports such before being detected may be exonerated from penal liability and be returned part or the whole of the bribe.

Article 365.Acting as intermediaries in bribery

1. A person who acts as an intermediary in bribery and the bribes fall into one of the following cases shall be subject to a fine of between VND 20,000,000 and under VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Money, property or other material benefits valued at between VND 2,000,000 and under VND 100,000,000;

b/ Non-material benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ In a professional manner;

c/ Employing a treacherous trick;

d/ Knowing that the bribes are state property;

dd/ Abusing his/her position and powers;

e/ Committing the offense twice or more;

g/ Bribes valued at between VND 100,000,000 and under VND 500,000,000.

3. If the bribe is valued at between VND 500,000,000 and under VND 1,000,000,000, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. If the bribe is valued at VND 1,000,000,000 or higher, the offender shall be subject to imprisonment of between 8 years and 15 years.

5. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000.

6. A person who acts as an intermediary in bribery but voluntarily reports such before being detected may be exonerated from penal liability.

7. A person who acts as an intermediary in bribery at a non-state enterprise or organization shall also be handled in accordance with this Article.

Article 366.Taking advantage of influence over persons with position and powers for self-seeking purpose

1.[371]A person who, directly or through an intermediary, receives any of the following benefits in order to influence another person with position and powers to do or not to do something under the latter’s responsibility or to do something the latter is not allowed to do, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Money, property or other material benefits valued at between VND 2,000,000 and under VND 100,000,000;

b/ Non-material benefits.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Committing the offense twice or more;

b/ Money, property or other material benefits valued at between VND 100,000,000 and under VND 500,000,000;

c/ Dangerous recidivism.

3. If money, property or other material benefits are valued at VND 500,000,000 or higher, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Chapter XXIV

OFFENSES AGAINST JUDICIAL ACTIVITIES

Article 367.Definition of offenses against judicial activities

Offenses against judicial activities are acts of infringing upon the righteousness of legal proceedings and judgment enforcement activities.

Article 368.Examining innocent persons for penal liability

1. A competent person who examines for penal liability a person whom he/she obviously knows to be innocent shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Examining for penal liability for an offense against national security or another crime being a particularly serious one;

b/ Involving between 2 and 5 persons;

c/ Involving a person aged under 18 years, a woman known to be pregnant or an old and weak person;

d/ Causing mental and behavioral disorders of a victim with an injury rate of between 31% and 60%[372];

dd/ Resulting in the wrongful conviction of an innocent person for a less serious or serious crime;

e/ Causing adverse impacts on security or social order and safety.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving 6 or more persons;

b/ Resulting in the wrongful conviction of an innocent person for a very serious or particularly serious crime;

c/ Causing mental and behavioral disorders to a victim with an injury rate of 61% or higher[373];

d/ Causing the suicide of the person wrongfully examined for penal liability.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 369.Failing to examine guilty persons for penal liability

1. A competent person who fails to examine for penal liability a person whom he/she obviously knows to be guilty shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Failing to examine for penal liability a person who has committed a very serious crime;

b/ Involving between 2 and 5 persons;

c/ The person who is not examined for penal liability absconds or obstructs investigation, prosecution or adjudication activities or further commits a less serious or serious crime;

d/ Leading to the person who is not examined for penal liability taking revenge on the person denouncing or reporting the crime, victim or witness;

dd/ Causing adverse impacts on security, order and safety of the society.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Involving 6 or more persons[374];

b/ Failing to examine for penal liability a person who has committed an offense against national security or another crime being a particularly serious one[375];

c/ The person who is not examined for penal liability further commits a very serious or particularly serious crime;

d/ Causing the suicide of a victim.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 370.Rendering illegal judgments

1. A judge or an assessor who renders a judgment which he/she obviously knows to be illegal shall be subject to imprisonment of between 1 year and 5 years.

2.[376]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Committing the offense twice or more;

b/ Committing the offense against a person aged under 18 years, a woman known to be pregnant or an old and weak person;

c/ Wrongfully convicting an innocent person for a serious or very serious crime;

d/ Omitting a serious or very serious crime or a person committing a serious or very serious crime;

dd/ Causing mental and behavioral disorders to a defendant, victim or concerned person with an injury rate of between 31% and 60%;

e/ Causing property damage of between VND 500,000,000 and under VND 1,000,000,000;

g/ Causing adverse impacts on security or social order and safety.

3.[377]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Wrongfully convicting an innocent person for a particularly serious crime;

b/ Omitting a particularly serious crime or a person committing a particularly serious crime;

c/ Causing mental and behavioral disorders to a defendant, victim or concerned person with an injury rate of 61% or higher;

d/ Leading to the suicide of a defendant, victim or concerned person;

dd/ Causing property damage of VND 1,000,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 371.Issuing illegal decisions

1.[378]A person competent to conduct proceedings or enforces judgments who issues a decision he/she obviously knows to be illegal, causing property damage of between VND 50,000,000 and under VND 200,000,000, or causing damage to the State’s interests or the lawful rights and interests of an organization or individual, if not falling into the cases prescribed in Articles 368, 369, 370, 377 and 378 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2.[379]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Against a person aged under 18 years, a woman known to be pregnant or an old and weak person;

d/ Causing mental and behavioral disorders to the arrestee, temporary detainee, accused, defendant, convict, judgment debtor, victim, or concerned person with an injury rate of between 31% and 60%;

dd/ Causing property damage of between VND 200,000,000 and under VND 1,000,000,000;

e/ Causing adverse impacts on security or social order and safety.

3.[380]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing mental and behavioral disorders of the arrestee, temporary detainee, accused, defendant, convict, judgment debtor, victim, or concerned person with an injury rate of 61% or higher;

b/ Leading to the suicide of the arrestee, temporary detainee, accused, defendant, convict, judgment debtor, victim, or concerned person;

c/ Causing property damage of VND 1,000,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 372.Forcing persons with competence in judicial activities to act against law

1. A person who abuses his/her position and powers to force a person competent to conduct proceedings or enforce judgments to act against law, causing damage to the State’s interests or the lawful rights and interests of an organization or individual, or causing property damage of between VND 50,000,000 and under VND 200,000,000, shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Committing the offense twice or more;

b/ Resulting in the issuance of an illegal judgment or decision;

c/ Using force, threatening to use force, or employing another dangerous or treacherous trick;

d/ Causing property damage of between VND 200,000,000 and under VND 1,000,000,000;

dd/ Causing adverse impacts on security or social order and safety.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Leading to the wrongful conviction of an innocent person or omission of a crime or an offender[381];

b/ Causing property damage of VND 1,000,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

 

Article 373.Using corporal punishment

1. A person who, in proceedings, or enforcing judgments, or implementing the measure of confinement to a reformary, compulsory education establishment or compulsory drug rehabilitation establishment, uses corporal punishment against, cruelly treats or humiliates, another person in any forms, shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Committing the offense twice or more;

b/ Against 2 or more persons;

c/ Employing a sophisticated or treacherous trick;

d/ Against a person aged under 18 years, a woman known to be pregnant, an old and weak person, or a person with severe or particularly severe disabilities;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 11% and 60%.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher;

b/ Causing the suicide of a corporally punished person.

4. Committing the offense, causing the death of a corporally punished person, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment.

5. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 374.Coercion of testimony

1. A person who, in legal proceedings, employs an illegal trick to force a testifying or questioned person[382]to give information relating to a case or matter shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Committing the offense twice or more;

b/ Against 2 or more persons;

c/ Against a person aged under 18 years, a woman known to be pregnant, an old and weak person, or a person with severe or particularly severe disabilities;

d/ Using corporal punishment to, cruelly treating or humiliating a testifying or questioned person[383];

dd/ Employing a sophisticated or treacherous trick;

e/ Resulting in[384]falsified results of institution of criminal proceedings, investigation, prosecution or adjudication;

g/ Forcing a testifying or questioned person to give untruthful testimonies.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ Causing the suicide of a coerced person;

b/ Leading to the omission of a less serious or serious crime or a person who commits a less serious or serious crime[385].

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Causing the death of a coerced person;

b/ Leading to the wrongful conviction of an innocent person;

c/ Leading to omission of a very serious or particularly serious crime or a person who commits a very serious or particularly serious crime[386].

5. The offender shall also be subject to prohibition from holding certain positions or prohibition from practicing certain professions for between 1 year and 5 years.

Article 375.Falsifying files of cases and matters

1.[387]An investigator, a procurator, a judge, an assessor, a court clerk or another person having tasks and powers in judicial activities, or a defense counsel or a defender of interests of a victim or related person, who adds, cuts, modifies, swaps, destroys or damages a document or material evidence of a case or matter, or employs another trick in order to falsify the content of a case or matter shall be subject to imprisonment of between 1 year and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Leading to the wrongful settlement of the case or matter;

c/ Causing damage of between VND 500,000,000 and under VND 1,000,000,000.

3.[388]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Leading to the wrongful conviction of an innocent person or omission of a crime or an offender;

b/ Causing the suicide of the arrestee, temporary detainee, accused, defendant, convict, judgment debtor, victim, or related person;

c/ Causing damage of VND 1,000,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions or prohibition from performing certain jobs for between 1 year and 5 years.

Article 376.Showing irresponsibility leading to escape of persons arrested, held in custody, detained or serving prison sentence

1.[389]A person who is assigned to directly manage, guard or escort persons being arrested, held in custody, detained or currently serving a prison sentence and fails to implement or properly implement regulations on management, guard and escort, resulting in the escape of a person committing a less serious or serious crime in one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Leading to the suspension of the case;

b/ The escapee takes revenge on a person competent to conduct or a person participating in proceedings;

c/ The escapee further commits a less serious or serious crime.

2.[390]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Leading to the suspension of the case;

b/ The escapee further commits a very serious crime;

c/ Leading to the escape of between 2 and 5 persons;

d/ Leading to the escape of a person who has committed a very serious crime;

dd/ Causing adverse impacts on security or social order and safety.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ The escapee further commits a particularly serious crime;

b/ Leading to the escape of 6 or more persons;

c/ Leading to the escape of a person who has committed a particularly serious crime.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 377.Abusing position and powers to illegally arrest, detain or hold in custody other persons[391]

1.[392]A person who abuses his/her position and powers to commit one of the following acts shall be subject to imprisonment of between 6 months and 3 years:

a/ Failing to issue a decision releasing a person eligible for release as prescribed by law;

b/ Issuing an order or a decision to arrest, hold in custody or detain a person without any legal basis;

c/ Failing to implement a decision releasing a person eligible for release as prescribed by law;

d/ Arresting, holding in custody or detaining a person without a warrant or decision as prescribed by law or with a warrant or decision which is not yet effective;

dd/ Failing to issue an order or a decision on custody or detention extension or on the change or cancellation of the custody or detention measure upon the expiration of the custody or detention period, resulting in the prolonged custody or detention of the concerned person.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Illegally detaining or holding in custody between 2 and 5 persons;

b/ Causing harm to the health of a person illegally detained or held in custody with an injury rate of between 31% and 60%;

c/ Driving a person detained or held in custody or his/her family to a particularly difficult economic situation;

d/ Against a person aged under 18 years, a woman known to be pregnant, an old and weak person, or a person with severe or particularly severe disabilities.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Illegally detaining or holding in custody 6 or more persons;

b/ Causing harm to the health of a person illegally detained or held in custody with an injury rate of 61% or higher, or causing his/her death;

c/ Causing the suicide of a person detained or held in custody;

d/ Causing the separation of the family of a person detained or held in custody.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 378.Illegally releasing persons arrested, held in custody, detained or currently serving prison sentence

1. A person who abuses his/her position and powers or takes advantage of his/her powers to illegally release a person arrested, held in custody, detained or currently serving a prison sentence[393], shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Illegally releasing a person arrested, held in custody, detained or currently serving a prison sentence for a very serious or particularly serious crime;

b/ The illegally released person escapes or commits acts of obstructing the investigation, prosecution or adjudication of the case or further commits a less serious or serious crime;

c/ The illegally released person takes revenge on a person competent to conduct[394]or a person participating in legal proceedings;

d/ Illegally releasing between 2 and 5 persons.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Illegally releasing 6 or more persons;

b/ The illegally released person commits a very serious or particularly serious crime.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 379.Failing to enforce judgments

1. A competent person who intentionally fails to issue a judgment enforcement decision or fails to execute a decision enforcing a court’s judgment or decision in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Having been disciplined for this act;

b/ Resulting in the escape of the convict or judgment debtor;

c/ Resulting in the non-enforcement of the judgment by the expiration of the statute of limitations for judgment enforcement;

d/ Resulting in the dispersion of property by the convict, judgment debtor or person obliged to serve the judgment and his/her failure to serve the judgment with an amount of between VND 50,000,000 and under VND 200,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Committing the offense twice or more;

b/ Resulting in the commission of a less serious or serious crime by the convict or judgment debtor;

c/ Resulting in the dispersion of property by the convict, judgment debtor or person obliged to serve the judgment and his/her failure to serve the judgment with an amount of between VND 200,000,000 and under VND 1,000,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Resulting in the further commission of a very serious or particularly serious crime by the convict or judgment debtor;

b/ Resulting in the dispersion of property by the convict, judgment debtor or person obliged to serve the judgment and his/her failure to serve the judgment with an amount of VND 1,000,000,000 or higher.

4. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 380.Failing to serve judgments

1. A person who has conditions but fails to serve a court’s legally effective judgment or decision although coercive measures have been applied to him/her in accordance with law or having been administratively sanctioned for this act, shall be subject to imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Resisting an executor or a person currently on official duty;

b/ Employing a dangerous or treacherous trick;

c/ Dispersing property.

3. The offender may also be subject to a fine of between VND 5,000,000 and VND 50,000,000.

Article 381.Obstructing judgment enforcement

1. A person who abuses his/her position and powers to intentionally obstruct the enforcement of a judgment in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years:

a/ Resulting in the escape of the convict or judgment debtor;

b/ Resulting in the non-enforcement of the judgment by the expiration of the statute of limitations for judgment enforcement;

c/ Resulting in the dispersion of property by the convict, judgment debtor or person obliged to serve the judgment and his/her failure to serve the judgment with an amount of between VND 50,000,000 and under VND 200,000,000;

d/ Causing damage of between VND 50,000,000 and under VND 200,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Committing the offense twice or more;

b/ Resulting in the further commission of a crime by the convict or judgment debtor;

c/ Resulting in the dispersion of property by the convict, judgment debtor or person obliged to serve the judgment and his/her to serve the judgment with an amount of VND 200,000,000 or higher;

d/ Causing damage of VND 200,000,000 or higher.

3. The offender shall also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 382.Providing untruthful documents or making untruthful declarations

1. A witness, an assessor, a property valuator, an interpreter, or a translator or defense counsel who makes untruthful conclusions, translation or declarations or provides a document he/she knows is untrue, shall be subject to warning, non-custodial reform for up to 1 year or imprisonment of between 3 months and 1 year.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ In an organized manner;

b/ Resulting in the wrongful settlement of the case or matter.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 year and 7 years:

a/ Committing the offense twice or more;

b/ Resulting in the wrongful conviction of an innocent person or omission of a crime or an offender[395].

4. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 383.Refusing to testify, provide expert conclusions, valuate property or provide documents

1. A witness, if not falling into the case prescribed in Clause 2, Article 19 of this Code, an assessor, or a property valuator or translator who refuses to testify, avoid providing expert conclusions or valuing property[396]or refuses to provide a document without a plausible reason, shall be subject to warning, non-custodial reform for up to 1 year, or imprisonment of between 3 months and 1 year.

2. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 384.Buying off or forcing other persons to give testimony or provide documents

1. A person who buys off or forces a witness, victim or related person in a criminal, administrative[397]or civil case to give untruthful testimony or provide untruthful documents or not to give testimony or provide documents; or buys off or forces an assessor or a property valuator to make untruthful conclusions; or buys off or forces an interpreter or a translator to make incorrect translation, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 3 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Using force or threatening to use force or employing another dangerous trick;

b/ Abusing his/her position and powers;

c/ Resulting in the wrongful settlement of the case or matter.

Article 385.Violating the sealing and distrainment of property and freezing of accounts

1. A person who is assigned to keep or manage distrained or sealed property or sealed material evidences or frozen accounts and commits one of the following acts shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years:

a/ Destroying a seal or unfreezing an account without the decision of a competent person;

b/ Consuming, transferring, fraudulently exchanging, concealing or destroying distrained property.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Resulting in the wrongful settlement of the case or matter;

b/ Resulting in the dispersion of property by the accused, defendant, convict, judgment debtor or person obliged to serve the judgment and his/her failure to serve the judgment with an amount of VND 100,000,000 or higher.

3. The offender may also be subject to prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 386.Escaping from places of detention or custody or escaping while being escorted or adjudicated

1. A person who escapes while being held in custody, temporarily detained, escorted or adjudicated or currently serving a prison sentence shall be subject to imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In an organized manner;

b/ Using force against a guard or an escort.

Article 387.Rescuing persons arrested, held in custody, temporarily detained, escorted or adjudicated or currently serving a prison sentence

1. A person who rescues a person arrested, held in custody, temporarily detained, escorted or adjudicated or currently serving a prison sentence, if not falling into the case prescribed in Article 119 of this Code, shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Using force against a guard or an escort;

d/ Rescuing a person who is convicted of an offense against national security or sentenced to death.

3. The offender may also be subject to prohibition from holding certain positions for between 1 year and 5 years.

Article 388.Violating regulations on detention

1.[398]A person who commits one of the following acts, violating the law on detention, although having been disciplined or administratively sanctioned for one of these acts or convicted of this offense and not had such conviction expunged, shall be subject to imprisonment of between 6 months and 3 years:

a/ Causing disorder or opposing the order of a person with detention management competence;

b/ Unauthorizedly bringing in, storing or using a personal communication device or an audio- or video-recording device at a detention establishment.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Abusing his/her position and powers;

c/ Employing a sophisticated or treacherous trick;

d/ Dangerous recidivism.

3. The offender may also be subject to prohibition of residence for between 1 year and 3 years or prohibition from holding positions for between 1 year and 3 years.

Article 389.Concealing crimes

1.[399]A person who, without prior promise, conceals one of the offenses prescribed in the following articles of this Code, if not falling into the case prescribed in Clause 2, Article 18 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years:

a/ Articles 108 through 121;

b/ Article 123; Clauses 2, 3 and 4, Article 141; Article 142; Article 144; Clauses 2 and 3, Article 146; Clauses 1, 2 and 3, Article 150; Articles 151, 152, 153 and 154;

c/ Article 168; Article 169; Clauses 2, 3 and 4, Article 173; Clauses 2, 3 and 4, Article 174; Clauses 2, 3 and 4, Article 175; Clauses 2, 3 and 4, Article 178;

d/ Clauses 3 and 4, Article 188; Clause 3, Article 189; Clauses 2 and 3,  Article 190; Clauses 2 and 3, Article 191; Clauses 2 and 3, Article 192; Clauses 1, 2, 3 and 4, Article 193; Clauses 1, 2, 3 and 4, Article 194; Clauses 2, 3 and 4, Article 195; Clauses 2 and 3, Article 196;  Clause 3, Article 205; Clauses 2, 3 and 4, Article 206; Article 207; Article 208; Clauses 2 and 3, Article 219; Clauses 2 and 3, Article 220; Clauses 2 and 3, Article 221; Clauses 2 and 3, Article 222; Clauses 2 and 3, Article 223; Clauses 2 and 3, Article 224;

dd/ Clauses 2 and 3, Article 243;

e/ Articles 248, 249, 250, 251, 252 and 253; Clause 2, Article 254; Articles 255, 256, 257 and 258; Clause 2, Article 259;

g/ Clauses 2, 3 and 4, Article 265; Articles 282, 299, 301, 302, 303 and 304; Clause 2, 3 and 4, Article 305; Clauses 2, 3 and 4, Article 309; Clauses 2, 3 and 4, Article 311; Clauses 2 and 3, Article 329;

h/ Clauses 2, 3 and 4, Article 353; Clauses 2, 3 and 4, Article 354; Clauses 2, 3 and 4, Article 355; Clauses 2 and 3, Article 356; Clauses 2, 3 and 4, Article 357; Clauses 2, 3 and 4, Article 358; Clauses 2, 3 and 4, Article 359; Clauses 2, 3 and 4, Article 364; Clauses 2, 3 and 4, Article 365;

i/ Clauses 3 and 4, Article 373; Clauses 3 and 4, Article 374; Clause 2, Article 386;

k/ Articles 421 through 425.

2. Committing the offense in case of abusing his/her position and powers to obstruct the detection of a crime or committing other acts of screening an offender, the offender shall be subject to imprisonment of between 2 years and 7 years.

Article 390.Failing to denounce crimes

1.[400]A person who is fully aware that one of the offenses prescribed in Clause 2 or Clause 3, Article 14 of this Code is being prepared, or that one of the offenses prescribed in Article 389 of this Code is being or has been committed, but fails to denounce it, if not falling into the cases prescribed in Clauses 2 and 3, Article 19 of this Code, shall be subject to warning, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years.

2. A person who has failed to denounce but does dissuade the offender or limit the harm of an offense may be exonerated from penal liability or penalty.

Article 391.Disturbing order at court hearings or sessions[401]

1. A person who, at a court hearing or session, insults or seriously hurts the honor and dignity of a judge, an assessor, another person competent to conduct the proceedings, or another person attending the hearing or session, or commits an act of destroying property, if not falling into the case prescribed in Article 178 of this Code, shall be subject to a fine of between VND 10,000,000 and VND 100,000,000, non-custodial reform for up to 3 years or, imprisonment of between 6 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 3 years:

a/ Resulting in the suspension of the hearing or session;

b/ Assaulting a judge, an assessor or another person competent to conduct proceedings, if not falling into the case prescribed in Article 134 of this Code.

Chapter XXV

OFFENSES AGAINST OBLIGATIONS AND RESPONSIBILITIES OF ARMY MEN AND RESPONSIBILITIES OF PERSONS PLACED UNDER THE COMMAND OF THE ARMY IN COMBAT AND COMBAT SERVICE

Article 392.Persons to assume penal liability for offenses against obligations and responsibilities of army men

1. Army men on active service, national defense workers and employees.

2. Reservists in the training period.

3. Militia, self-defense force in the period of being placed under the command of the army in combat and combat service.

4. Citizens mobilized to serve in the army.

Article 393.Giving unlawful orders

1. A person who abuses his/her position and powers to give an unlawful order, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing very serious consequences.

3. Committing the offense, causing particularly serious consequences or in another particularly serious case, the offender shall be subject to imprisonment of between 7 years and 15 years.

Article 394.Disobeying orders

1. A person who refuses to obey or intentionally does not implement the order of a competent person shall be subject to imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Being a commander or an officer;

b/ Dragging another person into committing the offense;

c/ Using force;

d/ Causing serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing very serious consequences.

4. Committing the offense, causing particularly serious consequences, the offender shall be subject to imprisonment of between12 years and 20 years or life imprisonment.

Article 395.Failing to strictly obey orders

1. A person who obeys the order of a competent person negligently, dilatorily or arbitrarily, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing serious consequences or particularly serious consequences.

Article 396.Obstructing companions in arms from performing their duties

1. A person who obstructs a companion in arms from performing his/her duty, resulting in the latter’s failure to fulfill or fully fulfill his/her assigned duty, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 3 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Dragging another person into committing the offense;

c/ Using force;

d/ Causing serious or very serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing particularly serious consequences.

Article 397.Insulting companions in arms

1. A person who, in working relations, seriously hurts the dignity or honor of a companion in arms shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Being a commander or an officer;

b/ Against a commander or superior;

c/ By reason of the victim’s official duty;

d/ In a battle zone;

dd/ Committing the offense twice or more;

e/ Against 2 or more persons;

g/ Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher[402];

h/ Causing the suicide of the victim.

Article 398.Assaulting companions in arms

1. A person who, in working relations, intentionally inflicts injury or causes harm to the health of a companion in arms, if not falling into the case prescribed in Article 134[403]of this Code, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Against a commander or superior;

c/ By reason of the victim’s official duty;

d/ In a battle zone;

dd/ Causing serious, very serious or particularly serious consequences.

Article 399.Surrendering to the enemy

1. A person who surrenders to the enemy shall be subject to imprisonment of between 3 years and 10 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ Being a commander or an officer;

b/ Delivering military weapons or technical equipment to the enemy;

c/ Delivering an important document or disclosing a military secret to the enemy;

d/ Dragging another person into committing the offense;

dd/ Causing serious or very serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Delivering an object or a document of state secret or disclosing a state secret to the enemy;

b/ Causing particularly serious consequences.

Article 400.Providing information or voluntarily working for the enemy when being captured as prisoners of war

1. A person who, when being captured as prisoner of war by the enemy, discloses a military secret or voluntarily works for the enemy, shall be subject to imprisonment of between 1 year and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Being a commander or an officer;

b/ Cruelly treating other prisoners of war;

c/ Dragging another person into providing information or working for the enemy;

d/ Causing serious or very serious consequences.

3.  Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 12 years and 20 years:

a/ Delivering an object or a document of state secret or disclosing a state secret to the enemy;

b/ Causing particularly serious consequences.

Article 401.Abandoning combat positions or failing to discharge duties in combat

1. A person who abandons his/her combat position or fails to discharge his/her duties in combat shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ Being a commander or an officer;

b/ Abandoning a weapon, technical equipment or secret military document;

c/ Dragging another person into committing the offense;

d/ Causing serious or very serious consequences.

3. Committing the offense, causing particularly serious consequences, the offender shall be subject to imprisonment of between 10 years and 20 years.

Article 402.Deserting

1. A person who leaves the army in order to evade his/her obligations during wartime, although having been disciplined for this act, or causes serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Dragging another person into committing the offense;

c/ Bringing along or abandoning a weapon, military technical equipment or secret military document;

d/ Causing very serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 12 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing particularly serious consequences.

Article 403.Shirking duties

1. A person who inflicts injury to himself/herself or causes harm to his/her own health or employs another dishonest trick in order to shirk his/her duty, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Dragging another person into committing the offense;

c/ In wartime;

d/ While performing a rescue or salvage duty;

dd/ During a state of emergency;

e/ Causing serious consequences.

3. Committing the offense, causing very serious or particularly serious consequences, the offender shall be subject to imprisonment of between 5 years and 10 years.

Article 404.Intentionally disclosing military secrets

1. A person who intentionally discloses a military secret, if not falling into the cases prescribed in Articles 110, 337 and 361 of this Code, shall be subject to imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Being a commander or an officer;

b/ In a battle zone;

c/ In combat;

d/ Causing serious, very serious or particularly serious consequences.

Article 405.Appropriating, purchasing, selling or destroying secret military documents

1. A person who appropriates, purchases, sells or destroys a secret military document, if not falling into one of the cases prescribed in Articles 110, 337 and 361 of this Code, shall be subject to imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Being a commander or an officer;

b/ In a battle zone;

c/ In combat;

d/ Causing serious, very serious or particularly serious consequences.

Article 406.Unintentionally disclosing military secrets

1. A person who unintentionally discloses a military secret, if not falling into the cases prescribed in Articles 338 and 362 of this Code, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ Being a commander or an officer;

b/ In a battle zone;

c/ In combat;

d/ Causing serious, very serious or particularly serious consequences.

Article 407.Losing secret military documents

1. A person who loses a secret military document, if not falling into one of the cases prescribed in Articles 338 and 362 of this Code, shall be subject to non-custodial reform for up to 2 years or imprisonment of between 3 months and 2 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 1 year and 5 years:

a/ Being a commander or an officer;

b/ In a battle zone;

c/ In combat;

d/ Causing serious, very serious or particularly serious consequences.

Article 408.Making false reports

1. A person who intentionally makes a false military report, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ In combat;

b/ In a battle zone;

c/ In case of emergency;

d/ Causing very serious or particularly serious consequences.

Article 409.Violating regulations on duty guard, combat guard and commander’s guard

1. A person who fails to strictly observe the regime on duty guard, combat guard and commander’s guard, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In combat;

b/ In a battle zone;

c/ While performing a rescue or salvage duty;

d/ During a state of emergency;

dd/ Causing very serious or particularly serious consequences.

Article 410.Violating regulations on protection

1.[404]A person who fails to strictly observe regulations on patrol, safeguard, escort and convoy in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years:

a/ Inflicting injury to a protected or convoyed person;

b/ Damaging a military technical facility or equipment;

c/ Causing property damage of between VND 100,000,000 and VND under 500,000,000;

d/ Causing other serious consequences.

2.[405]Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing the death of a protected or convoyed person;

b/ Causing the loss of a military technical facility or equipment;

c/ In combat;

d/ In a battle zone;

dd/ Dragging another person into committing the offense;

e/ Causing property damage of VND 500,000,000 or higher;

g/ Causing other very serious or particularly serious consequences.

Article 411.Violating regulations on safety in combat or in training

1. A person who fails to strictly observe regulations on safety in combat or in training, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 1 year and 5 years.

2. Committing the offense, causing very serious or particularly serious consequences, the offender shall be subject to imprisonment of between 3 years and 10 years.

Article 412.Violating regulations on use of military weapons and technical equipment

1. A person who violates regulations on use of military weapons and technical equipment, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ In combat;

b/ In a battle zone;

c/ Causing very serious or particularly serious consequences.

Article 413.Destroying or intentionally damaging military weapons and technical equipment

1. A person who destroys or intentionally damages a military weapon or technical equipment, if not falling into one of the cases prescribed in Articles 114 and 303 of this Code, shall be subject to imprisonment of between 2 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 12 years:

a/ In combat;

b/ In a battle zone;

c/ Dragging another person into committing the offense;

d/ Causing serious consequences.

3. Committing the offense, causing very serious or particularly serious consequences, the offender shall be subject to imprisonment of between 12 years and 20 years or life imprisonment.

Article 414.Losing or unintentionally damaging military weapons and technical equipment

1. A person who is assigned to manage or is equipped with military weapons or technical equipment but loses or unintentionally damages them, causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years.

2. Committing the offense, causing very serious or particularly serious consequences, the offender shall be subject to imprisonment of between 3 years and 7 years.

Article 415.Harassing the people

1. A person who commits acts of harassing the people although having been disciplined for this act or causing serious consequences, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Dragging another person into committing the offense;

c/ In a battle zone;

d/ In an area where a state of emergency is declared;

d/ Causing very serious or particularly serious consequences.

Article 416.Abusing military demands while performing duties

1. A person who, while performing his/her duties, acting beyond military demands, causing property damage of between VND 100,000,000 and under VND 500,000,000 to the State or an organization or individual, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense, causing property damage of VND 500,000,000 or higher, the offender shall be subject to imprisonment of between 3 years and 7 years.

Article 417.Intentionally abandoning wounded or dead soldiers or failing to take care of and treat wounded soldiers

1. A person who is responsible but intentionally abandons a wounded or dead soldier on the battlefield or fails to take care of and treat a wounded soldier, resulting in the missing or death of the wounded soldier, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 5 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 10 years:

a/ Being a commander or an officer;

b/ Involving 2 or more wounded soldiers, or 2 or more dead soldiers.

Article 418.Appropriating or destroying dead soldier’s belongings

1. A person who appropriates or destroys a dead soldier’s belongings shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 7 years:

a/ Being a commander or an officer;

b/ Appropriating or destroying 2 or more dead soldiers’ belongings.

Article 419.Appropriating or destroying war trophies

1. A person who, while in combat or clearing a battlefield, appropriates or destroys war trophies, shall be subject to non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years[406].

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Being a commander or an officer;

b/ The war trophies are valued at between VND 100,000,000 and under VND 500,000,000;

c/ Harming the reputation of the army;

d/ The war trophies are of military value;

dd/ Causing serious or very serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ The war trophies are valued at VND 500,000,000 or higher;

c/ The war trophies are of special military value;

d/ Causing particularly serious consequences.

Article 420.Ill-treating prisoners of war and surrenderers

A person who ill-treats a prisoner of war or a surrenderer shall be subject to non-custodial reform for up to 1 year or imprisonment of between 3 months and 2 years.

Chapter XXVI

CRIMES AGAINST PEACE, CRIMES AGAINST HUMANITY AND WAR CRIMES

Article 421.Crimes against peace, waging wars of aggression

1. A person who conducts propaganda for and provokes, or prepares, initiates or participates in a war of aggression against the independence, sovereignty and territorial integrity of another independent and sovereign country or territory, shall be subject to imprisonment of between 12 years and 20 years, life imprisonment, or death penalty.

2. Committing the offense due to being forced or obeying the order of a superior, the offender shall be subject to imprisonment of between 10 years and 20 years.

Article 422.Crimes against humanity

1. A person who, in peacetime or wartime, commits acts of annihilating en-mass the population in an area, destroying sources of livelihood, the cultural and spiritual lives of an independent and sovereign country or territory, or overturning the foundation of a society in order to destroy it, or commits other acts of genocide or ecocide, shall be subject to imprisonment of between 10 years and 20 years, life imprisonment, or death penalty.

2. Committing the offense due to being forced or obeying the order of a superior, the offender shall be subject to imprisonment of between 10 years and 20 years.

Article 423.War crimes

1. A person who, in wartime, orders or directly commits the murder of a civilian, wounded person, prisoner of war, looting of property, destruction of a residential area, or use of a prohibited war equipment or method, or commits other acts in serious violation of international law or treaties which the Socialist Republic of Vietnam has signed or acceded to, shall be subject to imprisonment of between 10 years and 20 years, life imprisonment, or death penalty.

2. Committing the offense due to being forced or obeying the order of a superior, the offender shall be subject to imprisonment of between 10 years and 20 years.

Article 424.Recruiting, training or employing mercenaries

A person who recruits, trains or employs mercenaries against an independent and sovereign country or territory shall be subject to imprisonment of between 10 years and 20 years or life imprisonment.

Article 425.Acting as mercenaries

A person who acts as a mercenary against an independent and sovereign country or territory shall be subject to imprisonment of between 5 years and 15 years.

Part Three

IMPLEMENTATION PROVISION[407]

Article 426.Effect[408]

This Code takes effect on January 1, 2018[409].

Penal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 Amending and Supplementing a Number of Articles of the Penal Code cease to be effective on the effective date of this Code.-

 

THE OFFICE OF THE NATIONAL ASSEMBLY

 

THE CONSOLIDATED TEXT IS

AUTHENTICATED BY

No. 01/VBHN-VPQH

Hanoi, July 10, 2017

Chairman of the Office of the National Assembly
NGUYEN HANH PHUC

 

 



(*)Published in Công Báo Nos 773-780 (17/10/2017).

[1]The effect of Penal Code No. 100/2015/QH13 is prescribed in Article 1 of Resolution No. 41/2017/QH14 of June 20, 2017, on the implementation of Penal Code No. 100/2015/QH13, which was amended and supplemented under Law No. 12/2017/QH14, and on the effect of Criminal Procedure Code No. 101/2015/QH13,
Law No. 99/2015/HQ13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention.

[2]Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 is promulgated on the following basis:

“Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13.”

[3]This Point is amended and supplemented under Point a, Clause 1, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[4]This Point is amended and supplemented under Point b, Clause 1, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[5]This Article is amended and supplemented under Clause 2, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[6]This Clause is amended and supplemented under Clause 3, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[7]This Article is amended and supplemented under Clause 4, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[8]This Article is amended and supplemented under Clause 5, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[9]The phrase “Before his/her criminal offense is detected” is added under Point a, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[10]The phrase “A person who unintentionally commits a less serious crime or commits a serious crime” is replaced with the phrase “A person who commits a serious crime unintentionally or a less serious crime” under Point a, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[11]The phrase “has voluntarily redressed or compensated for the damage or remediated the consequences” is added under Point a, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[12]The word “lawful” is added under Point a, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[13]The phrase “prohibited from storage” is added under Point b, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[14]This Point is amended and supplemented under Point a, Clause 6, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[15]This Point is amended and supplemented under Point a, Clause 6, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[16]This Point is amended and supplemented under Point b, Clause 6, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[17]The comma “,” is replaced with the word “or” under Point b, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[18]The comma “,” is replaced with the word “or” under Point b, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[19]The comma “,” is replaced with the word “or” under Point b, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[20]This Clause is amended and supplemented under Clause 7, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[21]This Article is amended and supplemented under Clause 8, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[22]This Clause is amended and supplemented under Clause 9, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[23]This Clause is amended and supplemented under Clause 9, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[24]This Article is amended and supplemented under Clause 10, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[25]This Article is amended and supplemented under Clause 11, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[26]The phrase “Prohibition from borrowing capital from banks, credit institutions or investment funds” is replaced with the phrase “Prohibition from borrowing capital from credit institutions, foreign bank branches or investment funds” under Point a, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[27]This Point is amended and supplemented under Clause 12, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[28]This Clause is amended and supplemented under Clause 13, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[29]This Clause is amended and supplemented under Clause 14, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[30]This Clause is amended and supplemented under Clause 15, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[31]This Clause is amended and supplemented under Point a, Clause 16, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[32]This Clause is amended and supplemented under Point b, Clause 16, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[33]This Clause is amended and supplemented under Point a, Clause 17, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[34]This Clause is amended and supplemented under Point b, Clause 17, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[35]This Clause is amended and supplemented under Clause 18, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[36]This Clause is amended and supplemented under Clause 19, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[37]This Article is amended and supplemented under Clause 20, Article 1 of Law No. 12/2007/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[38]This Clause is amended and supplemented under Clause 21, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[39]This Clause is amended and supplemented under Clause 21, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[40]This Clause is amended and supplemented under Clause 21, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[41]This Article is amended and supplemented under Clause 22, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[42]The phrase “Against 2 or more persons with an injury rate of between 31% and 60% for each person” is replaced with the phrase “Inflicting injury to, or causing harm to the health of, 2 or more persons with an injury rate of 31% or higher for each person” under Point d, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[43]The phrase “non-custodial reform for up to 3 years” is replaced with the phrase “non-custodial reform for up to 1 year” under Point dd, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[44]The phrase “non-custodial reform of between 1 year and 2 years or” is added under Point g, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[45]The phrase “subject to non-custodial reform of between 2 years and 3 years or” is added under Point g, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[46]The phrase “non-custodial reform for up to 3 years” is replaced with the phrase “non-custodial reform for up to 2 years” under Point dd, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[47]The phrase “non-custodial reform of between 2 years and 3 years or” is added under Point g, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[48]The phrase “imprisonment of between 1 year and 5 years” is replaced with the phrase “imprisonment of between 2 years and 5 years” under Point dd, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[49]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 11% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 31% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[50]This Clause is amended and supplemented under Clause 23, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[51]This Clause is amended and supplemented under Clause 23, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[52]This Clause is amended and supplemented under Clause 23, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[53]This Clause is amended and supplemented under Clause 24, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[54]This Clause is amended and supplemented under Clause 24, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[55]This Clause is amended and supplemented under Clause 25, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[56]This Clause is amended and supplemented under Clause 25, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[57]This Clause is amended and supplemented under Clause 26, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[58]This Clause is amended and supplemented under Clause 26, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[59]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 11% and 45%” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[60]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 46% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[61]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 11% and 45%” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[62]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 46% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[63]The phrase “, except the cases prescribed in Articles 142 and 145 of this Code” is added under Point c, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[64]The word “currently” is added under Point c, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[65]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 11% and 45% is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[66]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 46% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[67]This Clause is amended and supplemented under Clause 27, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[68]This Clause is amended and supplemented under Clause 27, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[69]This Clause is amended and supplemented under Clause 27, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[70]This Article is amended and supplemented under Clause 28, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[71]The phrase “A person who fraudulently swaps a child aged under 1 year with another” is replaced with the phrase “A person who fraudulently swaps a child aged under 1 year” under Point g, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[72]This Clause is amended and supplemented under Clause 29, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[73]This Clause is amended and supplemented under Clause 29, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[74]This Clause is amended and supplemented under Clause 29, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[75]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 11% and 45%” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[76]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 46% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[77]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 11% and 45%” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of between 31% and 60%” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[78]The phrase “Causing mental and behavioral disorders to the victim with an injury rate of 46% or higher” is replaced with the phrase “Causing mental and behavioral disorders to the victim with an injury rate of 61% or higher” under Point e, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[79]This Clause is amended and supplemented under Clause 30, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[80]This Clause is amended and supplemented under Clause 30, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[81]This Clause is amended and supplemented under Clause 30, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[82]This Clause is amended and supplemented under Clause 31, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[83]This Clause is amended and supplemented under Clause 32, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[84]This Clause is amended and supplemented under Clause 32, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[85]This Clause is amended and supplemented under Clause 33, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[86]This Clause is amended and supplemented under Clause 33, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[87]This Clause is amended and supplemented under Clause 33, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[88]The phrase “; property being a souvenir, a relic or a worshipping object of special spiritual value to the victim” is removed under Point a, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[89]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[90]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[91]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[92]This Clause is amended and supplemented under Clause 34, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[93]This Clause is amended and supplemented under Clause 34, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[94]This Clause is amended and supplemented under Clause 34, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[95]This Clause is amended and supplemented under Clause 34, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[96]The phrase “; property being a souvenir, a relic or a worshipping object of special spiritual value to the victim” is removed under Point a, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[97]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[98]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[99]This Point is annulled under Point c, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[100]This Article is amended and supplemented under Clause 35, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[101]The comma “,” is removed under Point d, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[102]The phrase “or the property valued at under VND 10,000,000 being” is added under Point d, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[103]The phrase “or an object of historical and cultural value” is removed under Point b, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015, which is set to take effect on January 1, 2018.

[104]The phrase “property being valued at under VND 500,000,000” is added under Point d, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[105]The phrase “or an object of historical and cultural value” is removed under Point b, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[106]The phrase “Article 219 and” is added under Point dd, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[107]This Clause is amended and supplemented under Clause 36, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[108]This Clause is amended and supplemented under Clause 36, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[109]This Clause is amended and supplemented under Clause 36, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[110]This Clause is amended and supplemented under Clause 36, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[111]The word“bị”is added under Point c, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.(Translator’s note: This addition is merely a grammatical revision and doea not affect the translation.)

[112]The phrase “non-custodial reform for between 2 years and 3 years or” is added under Point g, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[113]This Article is amended and supplemented under Clause 37, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[114]This Clause is amended and supplemented under Point a, Clause 38, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[115]This Clause is amended and supplemented under Point b, Clause 38, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[116]This Clause is amended and supplemented under Point a, Clause 39, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[117]This Clause is amended and supplemented under Point b, Clause 39, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[118]This Clause is amended and supplemented under Point c, Clause 39, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[119]This Clause is amended and supplemented under Point a, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[120]This Clause is amended and supplemented under Point a, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[121]This Clause is amended and supplemented under Point a, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[122]This Point is amended and supplemented under Point b, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[123]This Point is amended and supplemented under Point b, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[124]This Point is amended and supplemented under Point b, Clause 40, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[125]This Clause is amended and supplemented under Point a, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[126]This Clause is amended and supplemented under Point a, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[127]This Clause is amended and supplemented under Point a, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[128]This Point is amended and supplemented under Point b, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[129]This Point is amended and supplemented under Point b, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[130]This Point is amended and supplemented under Point b, Clause 41, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[131]This Clause is amended and supplemented under Point a, Clause 42, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[132]This Clause is amended and supplemented under Point a, Clause 42, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[133]This Clause is amended and supplemented under Point a, Clause 42, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[134]This Point is amended and supplemented under Point b, Clause 42, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[135]This Point is amended and supplemented under Point b, Clause 42, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[136]This Clause is amended and supplemented under Point a, Clause 43, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[137]This Clause is amended and supplemented under Point a, Clause 43, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[138]This Clause is amended and supplemented under Point a, Clause 43, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[139]This Clause is amended and supplemented under Point b, Clause 43, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[140]This Clause is amended and supplemented under Point a, Clause 44, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[141]This Clause is amended and supplemented under Point a, Clause 44, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[142]This Clause is amended and supplemented under Point a, Clause 44, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[143]This Clause is amended and supplemented under Point b, Clause 44, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[144]The title of this Article is amended and supplemented under Point a, Clause 45, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[145]This Clause is amended and supplemented under Point a, Clause 45, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[146]This Clause is amended and supplemented under Point a, Clause 45, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[147]This Clause is amended and supplemented under Point a, Clause 45, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[148]This Clause is amended and supplemented under Point b, Clause 45, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[149]The phrase “if falling into the case prescribed in Clause 2 of this Article” is replaced with the phrase “if falling into one of the cases prescribed at Point a, d, dd and e, Clause 2 of this Article under Point h, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[150]The word “prohibition” is added under Point i, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[151]This Article is amended and supplemented under Clause 46, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[152]This Clause is amended and supplemented under Point a, Clause 47, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[153]This Clause is amended and supplemented under Point b, Clause 47, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[154]The phrase “an interest rate 5 times higher than the highest interest rate” is replaced with the phrase “an interest rate 5 times or more higher than the highest interest rate” under Point i, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[155]The phrase “committing the offense, gaining illicit profits of VND 100,000,000 or higher” is replaced with the phrase “committing the offense, gaining illicit profits of VND 100,000,000 or higher” under Point i, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[156]The phrase “between VND 100,000,000 and VND 500,000,000” is replaced with the phrase “between VND 200,000,000 and VND 500,000,000” under Point k, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[157]The phrase “if falling into the cases prescribed in Clause 2 of this Article” is replaced with the phrase “if falling into one of the cases prescribed at Point a, b, d, dd, e and g, Clause 2 of this Article” under Point k, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[158]The title of this Article is amended and supplemented under Clause 48, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[159]This Clause is amended and supplemented under Clause 48, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[160]The phrase “or sentenced for this offense without having such conviction expunged” is added under Point h, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[161]The word “prohibition” is added under Point i, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[162]The word “prohibition” is added under Point i, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[163]This Clause is amended and supplemented under Point a, Clause 49, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[164]This Clause is amended and supplemented under Point b, Clause 49, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[165]This Clause is amended and supplemented under Point a, Clause 50, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[166]This Clause is amended and supplemented under Point a, Clause 50, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[167]This Clause is amended and supplemented under Point b, Clause 50, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[168]This Article is added under Clause 51, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[169]The phrase “or administratively sanctioned” is added under Point k, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[170]The phrase “causing property damage” is replaced with the phrase “causing loss or waste” under Point l, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[171]The phrase “causing property damage” is replaced with the phrase “causing loss or waste” under Point l, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[172]The phase “of the State” is removed under Point dd, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[173]The phrase “or administratively sanctioned” is added under Point k, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[174]The phrase “of the State” is removed under Point dd, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[175]The phrase “or administratively sanctioned” is added under Point k, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[176]The word “as” is added under Point k, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[177]The phrase “or administratively sanctioned” is added under Point k, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[178]The word “của” is added under Point l, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.(Translator’s note: This addition is merely a grammatical revision and doea not affect the translation.)

[179]The word “từ” is removed under Point h, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.(Translator’s note: This removal is merely a grammatical revision and does not affect the translation.)

[180]This Clause is amended and supplemented under Point a, Clause 52, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[181]This Point is amended and supplemented under Point b, Clause 52, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[182]This Clause is amended and supplemented under Point a, Clause 53, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[183]This Point is amended and supplemented under Point b, Clause 53, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[184]The title of this Article is amended and supplemented under Point a, Clause 54, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[185]This Clause is amended and supplemented under Point a, Clause 54, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[186]This Clause is amended and supplemented under Point a, Clause 54, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[187]This Clause is amended and supplemented under Point b, Clause 54, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[188]The title of this Article is amended and supplemented under Point a, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[189]This Clause is amended and supplemented under Point a, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[190]This Clause is amended and supplemented under Point a, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[191]This Clause is amended and supplemented under Point a, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[192]This Point is amended and supplemented under Point b, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[193]This Point is amended and supplemented under Point b, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[194]This Point is amended and supplemented under Point b, Clause 55, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[195]This Article is amended and supplemented under Clause 56, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[196]The title of this Article is amended and supplemented under Point a, Clause 57, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[197]This Clause is amended and supplemented under Point a, Clause 57, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[198]This Clause is amended and supplemented under Point a, Clause 57, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[199]This Clause is amended and supplemented under Point a, Clause 57, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[200]This Point is amended and supplemented under Point b, Clause 57, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[201]This Article is amended and supplemented under Clause 58. Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[202]The phrase “on the List of persistent organic pollutants subject to elimination prescribed in” is replaced with the phrase “containing particularly hazardous elements above the hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in” under Point m, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[203]The phrase “on the List of persistent organic pollutants subject to elimination prescribed in” is replaced with the phrase “containing particularly hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination prescribed in” under Point m, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[204]The phrase “national technical regulation” is replaced with the phrase “National Technical Regulation” under Point m, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[205]The phrase “on the List of persistent organic pollutants subject to elimination prescribed in” is replaced with the phrase “containing particularly hazardous elements above hazardous waste thresholds prescribed by law or substances subject to elimination prescribed in” under Point m, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[206]The phrase “national technical regulation” is replaced with the phrase “National Technical Regulation” under Point m, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[207]This Clause is amended and supplemented under Point a, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[208]This Clause is amended and supplemented under Point a, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018

[209]This Clause is amended and supplemented under Point a, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[210]This Point is amended and supplemented under Point b, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[211]This Clause is amended and supplemented under Point a, Clause 60, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[212]This Clause is amended and supplemented under Point a, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[213]This Clause is amended and supplemented under Point a, Clause 59, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[214]This Point is amended and supplemented under Point b, Clause 60, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[215]This Clause is amended and supplemented under Point a, Clause 61, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[216]This Clause is amended and supplemented under Point a, Clause 61, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018

[217]This Clause is amended and supplemented under Point a, Clause 61, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018

[218]This Point is amended and supplemented under Point b, Clause 61, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[219]This Point is amended and supplemented under Point b, Clause 61, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[220]The word “under” is added under Point m, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[221]The phrase “imprisonment of between 6 months and 3 years” is replaced with the phrase “imprisonment of between 6 months and 2 years” under Point dd, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[222]This Clause is amended and supplemented under Clause 62, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[223]This Clause is amended and supplemented under Point a, Clause 62, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[224]This Clause is amended and supplemented under Clause 62, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[225]This Clause is amended and supplemented under Point a, Clause 63, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[226]This Clause is amended and supplemented under Point a, Clause 63, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[227]This Clause is amended and supplemented under Point a, Clause 63, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[228]This Point is amended and supplemented under Point b, Clause 63, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[229]The title of this Article is amended and supplemented under Point a, Clause 64, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[230]This Clause is amended and supplemented under Point a, Clause 64, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[231]This Clause is amended and supplemented under Point a, Clause 64, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[232]This Clause is amended and supplemented under Point a, Clause 64, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[233]This Point is amended and supplemented under Point b, Clause 64, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[234]The word “regulation” is replaced with “regulations” under Point e, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[235]The word “regulation” is replaced with “regulations” under Point e, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[236]The phrase “strictly conserved zones” is replaced with the phrase “strictly protected zones” under Point e, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[237]The word “từ” removed under Point e, Clause 3, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018. (Translator’s note: This removal is merely a grammatical correction and does not affect the translation.)

[238]The phrase “prescribed by the Government” is added under Point n, Clause 1, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[239]This Clause is amended and supplemented under Clause 65, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[240]This Clause is amended and supplemented under Clause 65, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[241]This Clause is amended and supplemented under Clause 65, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[242]This Clause is amended and supplemented under Clause 66, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[243]This Clause is amended and supplemented under Clause 66, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[244]This Clause is amended and supplemented under Clause 66, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[245]This Clause is amended and supplemented under Clause 66, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[246]This Clause is amended and supplemented under Clause 67, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[247]This Clause is amended and supplemented under Clause 67, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[248]This Clause is amended and supplemented under Clause 67, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[249]This Clause is amended and supplemented under Clause 67, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[250]This Clause is amended and supplemented under Clause 68, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[251]This Clause is amended and supplemented under Clause 68, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[252]This Clause is amended and supplemented under Clause 68, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[253]This Clause is amended and supplemented under Clause 69, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[254]This Clause is amended and supplemented under Clause 69, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[255]This Clause is amended and supplemented under Clause 69, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[256]This Clause is amended and supplemented under Clause 69, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[257]This Clause is amended and supplemented under Clause 70, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[258]This Clause is amended and supplemented under Clause 70, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[259]This Clause is amended and supplemented under Clause 70, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[260]This Clause is amended and supplemented under Clause 70, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[261]This Clause is amended and supplemented under Clause 70, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[262]The phrase “transportation involving” is replaced with the word “involving” under Point o, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[263]The phrase “cross-border transportation” is replaced with the phrase “cross-border transportation and trading” under Point o, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[264]The title of this Article is amended and supplemented under Clause 71, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[265]This Clause is amended and supplemented under Clause 71, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[266]This Article is amended and supplemented under Clause 72, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[267]This Article is amended and supplemented under Clause 73, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[268]This Article is amended and supplemented under Clause 74, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[269]This Article is amended and supplemented under Clause 71, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[270]This Article is amended and supplemented under Clause 76, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[271]This Article is amended and supplemented under Clause 77, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[272]This Article is amended and supplemented under Clause 78, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[273]This Article is amended and supplemented under Clause 79, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[274]This Article is amended and supplemented under Clause 80, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[275]This Article is amended and supplemented under Clause 81, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[276]This Article is amended and supplemented under Clause 82, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[277]This Article is amended and supplemented under Clause 83, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[278]This Article is amended and supplemented under Clause 84, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[279]This Article is amended and supplemented under Clause 85, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[280]This Article is amended and supplemented under Clause 86, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[281]This Article is amended and supplemented under Clause 87, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[282]This Article is amended and supplemented under Clause 88, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[283]This Article is amended and supplemented under Clause 89, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[284]This Article is amended and supplemented under Clause 90, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[285]This Article is amended and supplemented under Clause 91, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[286]This Article is amended and supplemented under Clause 92, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[287]This Article is amended and supplemented under Clause 93, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

 

[288]This Clause is amended and supplemented under Clause 94, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[289]This Clause is amended and supplemented under Clause 94, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[290]This Clause is amended and supplemented under Clause 94, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[291]This Article is amended and supplemented under Clause 95, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[292]This Article is amended and supplemented under Clause 96, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[293]The comma “,” is replaced with the word “or” under Point p, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[294]The word “telecommunications” is replaced with the phrase “telecommunications networks” under Point p, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[295]The phrase “financial information, transaction system” is replaced with the phrase “financial information system” under Point q, Clause 2, Article 2 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[296]This Article is annulled under Clause 141, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[297]This Article is amended and supplemented under Clause 97, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[298]This Article is amended and supplemented under Clause 98, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[299]This Article is amended and supplemented under Clause 99, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[300]This Article is amended and supplemented under Clause 100, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[301]This Point is added under Clause 101, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[302]This Clause is added under Clause 102, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[303]This Clause is amended and supplemented under Clause 103, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[304]This Clause is amended and supplemented under Clause 103, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[305]This Clause is amended and supplemented under Clause 103, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[306]This Clause is amended and supplemented under Clause 103, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[307]This Clause is amended and supplemented under Clause 104, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[308]This Clause is amended and supplemented under Clause 104, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[309]This Clause is amended and supplemented under Clause 104, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[310]This Clause is amended and supplemented under Clause 105, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[311]This Clause is amended and supplemented under Clause 105, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[312]This Clause is amended and supplemented under Clause 105, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[313]This Clause is amended and supplemented under Clause 106, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[314]This Clause is amended and supplemented under Clause 106, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[315]This Clause is amended and supplemented under Clause 107, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[316]This Clause is amended and supplemented under Clause 107, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1, 2018.

[317]This Clause is amended and supplemented under Clause 107, Article 1 of Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which is set to take effect on January 1,