Law amend the Penal Code, No. 86/2025/QH15

LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF
 THE PENAL CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has been amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law Amending and Supplementing a Number of Articles of the Penal Code No. 100/2015/QH13, which has been amended and supplemented under Law No. 12/2017/QH14 and Law No. 59/2024/QH15.

Article 1. To amend and supplement a number of articles of the Penal Code

1. To amend and supplement Clause 3, Article 40 as follows:

“3. The death penalty shall not be executed in any of the following cases:

a) A woman who is pregnant or caring for a child under 36 months of age;

b) A person who is full 75 years of age or older;

c) A person suffering from terminal-stage cancer.”

2. To amend and supplement Article 49 as follows:

“Article 49. Compulsory medical treatment

1. With respect to a person who commits a socially dangerous act while suffering from a disease specified in Article 21 of this Code, the People’s Procuracy or the Court may, based on forensic medical or psychiatric assessment conclusions, decide to send such person to a health examination and treatment establishment for compulsory health treatment.

2. With respect to an offender who had criminal capacity at the time of committing the offense but later, before being convicted, suffers from a disease resulting in the loss of capacity to perceive or control his/her acts, the Court may, based on forensic medical or psychiatric assessment conclusions, decide to send such person to a health examination and treatment establishment for compulsory health treatment. After receiving a conclusion that the person has recovered or has regained the capacity to perceive or control his/her acts, he/she may be held criminally liable.

3. With respect to a person who is serving a prison sentence and suffers from a disease resulting in the loss of capacity to perceive or control his/her acts, the Court may, based on forensic medical or psychiatric assessment conclusions, decide to send such person to a health examination and treatment establishment for compulsory health treatment. After receiving a conclusion that the person has recovered or has regained the capacity to perceive or control his/her acts, unless there is another ground for exemption from serving the sentence, he/she must continue serving the sentence.

The duration of compulsory health treatment shall be deducted from the prison sentence.”

3. To amend and supplement Clause 6, Article 62 as follows:

“6. A person sentenced to prohibition of residence or community supervision who has served one half of the sentence term and shown good rehabilitation may, at the request of a competent authority, be granted exemption from serving the remaining portion of the sentence by the Court.”

4. To amend and supplement Clauses 1 and 6, Article 63 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A person sentenced to non-custodial reform, fixed-term imprisonment or life imprisonment who has served a certain portion of the sentence, shown marked progress, and has paid part of the civil liability, may, at the request of a competent criminal judgment enforcement authority, be granted a commutation by the Court.

A person sentenced to life imprisonment for the crime of embezzlement of property or taking bribes shall only be eligible for commutation if he/she has voluntarily returned at least three-fourths of the embezzled or bribed assets and has actively cooperated with competent authorities in detecting, investigating, and handling crimes or has made significant meritorious contributions.

The duration already served to be eligible for the first commutation shall be one-third of the sentence term for non-custodial reform and fixed-term imprisonment, and 12 years for life imprisonment.”

b) To amend and supplement Clause 6 as follows:

“6. For a person sentenced to death whose sentence has been commuted or who falls under the case prescribed in Clause 3, Article 40 of this Code, the duration already served to be eligible for the first commutation shall be 25 years, and although the sentence may be commuted multiple times, the actual served sentence must be at least 30 years.”

5. To amend and supplement Clause 1, Article 109 as follows:

“1. The organizer, instigator, active participant, or person causing serious consequences shall be sentenced to imprisonment for a term of between 12 years and 20 years or to life imprisonment;”

6. To amend and supplement Clause 1, Article 110 as follows:

“1. Any person who commits any of the following acts shall be sentenced to imprisonment for a term of between 12 years and 20 years or to life imprisonment:

a) Conducting intelligence or sabotage activities, or establishing a basis for conducting intelligence or sabotage activities against the Socialist Republic of Vietnam;

b) Establishing a basis for conducting intelligence or sabotage activities under the direction of a foreign country; engaging in espionage, acting as an informant or guide, sheltering, or committing other acts in assistance of foreign nationals conducting intelligence or sabotage activities;

c) Providing or collecting state secrets with the intent to supply them to foreign countries; collecting or supplying information or other documents for the purpose of enabling their use by foreign countries against the Socialist Republic of Vietnam.”.

7. To amend and supplement Clause 1, Article 114 as follows:

“1. Any person who, with the purpose of opposing the people’s administration, commits acts of sabotage against physical and technical facilities of the Socialist Republic of Vietnam in the fields of politics, national defense, security, economy, science and technology, culture, or society shall be sentenced to imprisonment for a term of between 12 years and 20 years or to life imprisonment.”

8. To amend and supplement Clauses 1, 4 and 5, Article 192 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Any person who manufactures or trades in counterfeit goods in any of the following cases, unless falling under the cases specified in Articles 193, 194, and 195 of this Code, shall be subject to a fine of between VND 200,000,000 and VND 2,000,000,000 or a sentence of imprisonment for a term of between 01 year and 05 years:

a) The counterfeit goods are equivalent in quantity to genuine goods or goods of the same technical specifications and uses with a value of from VND 30,000,000 to under VND 150,000,000, or under VND 30,000,000 but the offender has already been sanctioned for an administrative violation in relation to any of the acts specified in this Article or in Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code, or has been convicted of any of these offenses and has not had their criminal record expunged but continues to re-offend;

b) Causing injury or harm to another person’s health with an injury rate of between 31% and 60%;

c) Illegally gaining a profit 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.”;

b) To amend and supplement Clauses 4 and 5 as follows:

“4. The offender may also be subject to a fine of between VND 40,000,000 and VND 100,000,000, prohibition from holding certain positions, practicing certain professions or performing certain jobs for a period of between 01 year and 05 years, or partial or full confiscation of property.

5. A commercial legal person committing the offense prescribed in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 12,000,000,000 shall be imposed for committing any of the offenses specified at Points a, b, dd, e, g, h, i, k, l, and m, Clause 2 of this Article;

c) A fine of between VND 12,000,000,000 and VND 18,000,000,000 or a suspension of operations for a period of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code:;

dd) A commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from doing business or engaging in certain business sectors, or prohibition from raising capital for a period of between 01 year and 03 years.”

9. To amend and supplement Clauses 5 and 6, Article 193 as follows:

“5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, practicing certain professions or performing certain jobs for a period of between 01 year and 05 years, or partial or full confiscation of property.

6. A commercial legal person committing the offense prescribed in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 12,000,000,000 shall be imposed for committing any of the offenses specified at Points a, b, c, e, g, h, i, and k, Clause 2 of this Article;

c) A fine of between VND 12,000,000,000 and VND 18,000,000,000 shall be imposed for committing the offense specified in Clause 3 of this Article;

d) A fine of between VND 18,000,000,000 and VND 36,000,000,000 or a suspension of operations for a period of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 4 of this Article;

dd) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

e) A commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 600,000,000, prohibition from doing business or engaging in certain business sectors, or prohibition from raising capital for a period of between 01 year and 03 years.”

10. To amend and supplement Clauses 4, 5, and 6, Article 194 as follows:

“4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed for committing any of the following acts:

a) Illegally gaining a profit of VND 2,000,000,000 or more;

b) Causing the death of 02 or more persons;

c) Causing injury or harm to the health of 02 or more persons with a total injury rate of 122% or more;

d) Causing property damage of VND 1,500,000,000 or more.

5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, practicing certain professions or performing certain jobs for a period of between 01 year and 05 years, or partial or full confiscation of property.

6. A commercial legal person committing the offense prescribed in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 8,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 8,000,000,000 and VND 18,000,000,000 shall be imposed for committing any of the offenses specified at Points a, b, c, e, g, h, i, and k, Clause 2 of this Article;

c) A fine of between VND 18,000,000,000 and VND 30,000,000,000 shall be imposed for committing the offense specified in Clause 3 of this Article;

d) A fine of between VND 30,000,000,000 and VND 40,000,000,000 or a suspension of operations for a period of between 01 year and 03 years shall be imposed for committing the offense specified in Clause 4 of this Article;

dd) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

e) A commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 600,000,000, prohibition from doing business or engaging in certain business sectors, or prohibition from raising capital for a period of between 01 year and 03 years.”

11. To amend and supplement Clauses 1, 5, and 6, Article 195 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Any person who manufactures or trades in counterfeit goods being animal feed, fertilizers, veterinary drugs, plant protection drugs, plant varieties, or animal breeds in any of the following cases shall be subject to a fine of between VND 200,000,000 and VND 2,000,000,000 or a sentence of imprisonment for a term of between 01 year and 05 years:

a) The counterfeit goods are equivalent in quantity to genuine goods or goods of the same technical specifications and uses with a value of from VND 30,000,000 to under VND 150,000,000, or under VND 30,000,000 but the offender has already been sanctioned for an administrative violation in relation to any of the acts specified in this Article or in Articles 188, 189, 190, 191, 192, 193, 194, 196, and 200 of this Code, or has been convicted of any of these offenses and has not had their criminal record expunged but continues to re-offend;

b) Causing property damage of between VND 100,000,000 and under VND 500,000,000;

c) Illegally gaining a profit of between VND 50,000,000 and under VND 100,000,000.”;

b) To amend and supplement Clauses 5 and 6 as follows:

“5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, practicing certain professions or performing certain jobs for a period of between 01 year and 05 years, or partial or full confiscation of property.

6. A commercial legal person committing the offense prescribed in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 12,000,000,000 shall be imposed for committing any of the offenses specified at Points a, b, c, e, g, h, and i, Clause 2 of this Article;

c) A fine of between VND 12,000,000,000 and VND 18,000,000,000 shall be imposed for committing the offense specified in Clause 3 of this Article;

d) A fine of between VND 18,000,000,000 and VND 30,000,000,000 or a suspension of operations for a period of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 4 of this Article;

dd) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

e) A commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 600,000,000, prohibition from doing business or engaging in certain business sectors, or prohibition from raising capital for a period of between 01 year and 03 years.”.

12. To amend and supplement Articles 235, 236, 237, 238 and 239 as follows:

 “Article 235. Causing environmental pollution

1. A fine of between VND 100,000,000 and VND 1,000,000,000 or a sentence of imprisonment for a term of between 02 years and 03 years shall be imposed for committing any of the following acts:

a) Illegally burying, dumping, or discharging between 1,000 kilograms and under 3,000 kilograms of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 kilograms and under 10,000 kilograms of other hazardous waste;

b) Illegally burying, dumping, or discharging between 500 kilograms and under 1,000 kilograms of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants, or between 1,500 kilograms and under 3,000 kilograms of other hazardous waste, while having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

c) Discharging between 500 m³/day and under 5,000 m³/day of wastewater with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or between 300 m³/day and under 500 m³/day of wastewater exceeding such regulation by 05 times or more;

d) Discharging 500 m³/day or more of wastewater with hazardous environmental parameters exceeding the national technical regulation on the environment by between 02 and under 03 times, or between 300 m³/day and under 500 m³/day exceeding such regulation by between 03 and under 05 times, or between 100 m³/day and under 300 m³/day exceeding such regulation by 05 times or more, while having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

dd) Emitting between 150,000 m³/hour and under 300,000 m³/hour of exhaust gas with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or between 100,000 m³/hour and under 150,000 m³/hour exceeding such regulation by 05 times or more;

e) Emitting 150,000 m³/hour or more of exhaust gas with hazardous environmental parameters exceeding the national technical regulation on the environment by between 02 and under 03 times, or between 100,000 m³/hour and under 150,000 m³/hour exceeding such regulation by between 03 and under 05 times, or between 50,000 m³/hour and under 100,000 m³/hour exceeding such regulation by 05 times or more, while having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

g) Illegally burying, dumping, or discharging between 100,000 kilograms and under 200,000 kilograms of ordinary solid waste, or between 70,000 kilograms and under 100,000 kilograms while having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

h) Discharging wastewater, or burying, dumping, or discharging solid waste, or emitting exhaust gas into the environment containing radioactive substances exceeding the annual dose limit of between 50 millisieverts (mSv) and under 200 mSv or dose rate limit of between 0.0025 mSv/hour and under 0.01 mSv/hour.

2. A fine of between VND 1,000,000,000 and VND 2,000,000,000 or a sentence of imprisonment for a term of between 03 years and 05 years shall be imposed for committing any of the following acts:

a) Illegally burying, dumping, or discharging between 3,000 kilograms and under 5,000 kilograms of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants, or between 10,000 kilograms and under 50,000 kilograms of other hazardous waste;

b) Discharging between 5,000 m³/day and under 10,000 m³/day of wastewater with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or between 500 m³/day and under 5,000 m³/day of wastewater exceeding such regulation by 05 times or more;

c) Emitting between 300,000 m³/hour and under 500,000 m³/hour of exhaust gas with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or between 150,000 m³/hour and under 300,000 m³/hour exceeding such regulation by 05 times or more;

d) Illegally burying, dumping, or discharging between 200,000 kilograms and under 500,000 kilograms of ordinary solid waste;

dd) Discharging wastewater, or burying, dumping, or discharging solid waste, or emitting exhaust gas into the environment containing radioactive substances with an annual dose limit of between 200 millisieverts (mSv) and under 400 mSv or a dose rate limit of between 0.01 mSv/hour and under 0.02 mSv/hour;

e) Causing serious consequences.

3. A fine of between VND 2,000,000,000 and VND 6,000,000,000 or a sentence of imprisonment for a term of between 05 years and 07 years shall be imposed for committing any of the following acts:

a) Illegally burying, dumping, or discharging 5,000 kilograms or more of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous waste;

b) Discharging 10,000 m³/day or more of wastewater with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or 5,000 m³/day or more of wastewater exceeding such regulation by 05 times or more;

c) Emitting 500,000 m³/hour or more of exhaust gas with hazardous environmental parameters exceeding the national technical regulation on the environment by between 03 and under 05 times, or 300,000 m³/hour or more exceeding such regulation by 05 times or more;

d) Illegally burying, dumping, or discharging 500,000 kilograms or more of ordinary solid waste;

dd) Discharging wastewater, or burying, dumping, or discharging solid waste, or emitting exhaust gas into the environment containing radioactive substances with an annual dose limit of 400 millisieverts (mSv) or more or a dose rate limit of 0.02 mSv/hour or more;

e) Causing very serious or extremely serious consequences.

4. The offender may also be subject to a fine of between VND 60,000,000 and VND 400,000,000, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person committing any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 6,000,000,000 and VND 14,000,000,000 shall be imposed for committing the offenses specified in Clause 1 of this Article;

b) A fine of between VND 14,000,000,000 and VND 24,000,000,000 or a suspension of operation for a term of between 06 months and 02 years shall be imposed for committing the offenses specified in Clause 2 of this Article;

c) A fine of between VND 24,000,000,000 and VND 40,000,000,000 or a suspension of operation for a term of between 01 year and 03 years shall be imposed for committing the offenses specified in Clause 3 of this Article;

d) A permanent suspension of operation shall be imposed for committing the offenses specified in Article 79 of this Code;

dd) A fine of between VND 2,000,000,000 and VND 10,000,000,000, prohibition from doing business or operating in certain sectors for a term of between 01 year and 03 years may also be imposed.

Article 236. Violating regulations on hazardous waste management

1. Any competent person who permits the illegal burial, dumping, or discharge of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants in a quantity ranging from 3,000 kilograms to under 5,000 kilograms; or permits the discharge of waste containing radioactive substances that causes environmental radiation contamination from a radioactive source of low hazard level as classified under the national technical regulation on radiation safety – grouping and classification of radioactive sources, in excess of permissible limits, shall be subject to a fine of between VND 100,000,000 and VND 400,000,000, non-custodial reform for up to 02 years, or a sentence of imprisonment for a term of between 02 years and 03 years.

2. A fine of between VND 400,000,000 and VND 2,000,000,000 or a sentence of imprisonment for a term of between 03 years and 05 years shall be imposed for committing any of the following offenses:

a) Permitting the illegal burial, dumping, or discharge of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants in a quantity ranging from 5,000 kilograms to under 10,000 kilograms; or permitting the discharge of waste containing radioactive substances that causes environmental radiation contamination from a radioactive source of medium hazard level as classified under the national technical regulation on radiation safety – grouping and classification of radioactive sources, in excess of permissible limits;

b) Committing the offense in an organized manner;

c) Committing the offense more than once;

d) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed for committing the offense involving hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants in a quantity of 10,000 kilograms or more; or involving waste containing radioactive substances that causes environmental radiation contamination from a radioactive source of above-medium hazard level as classified under the national technical regulation on radiation safety – grouping and classification of radioactive sources, in excess of permissible limits.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 300,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.

Article 237. Violating regulations on environmental incident prevention, response, and remediation

1. A fine of between VND 100,000,000 and VND 1,000,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 06 months and 03 years shall be imposed for committing any of the following acts:

a) Violating regulations on environmental incident prevention, resulting in an environmental incident;

b) Violating regulations on response to and remediation of environmental incidents, causing serious environmental pollution or causing injury or harm to another person’s health with an injury rate of 61% or more, or causing injury or harm to the health of two or more persons with a total injury rate of between 61% and 121%, or causing property damage of between VND 1,000,000,000 and under VND 3,000,000,000.

2. A fine of between VND 1,000,000,000 and VND 4,000,000,000 or a sentence of imprisonment for a term of between 02 years and 07 years shall be imposed for committing any of the following acts:

a) Causing the death of a person;

b) Causing injury or harm to the health of two or more persons with a total injury rate of between 122% and 200%;

c) Causing property damage of between VND 3,000,000,000 and under VND 7,000,000,000.

3. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed for committing any of the following acts:

a) Causing the death of two or more persons;

b) Causing injury or harm to the health of three or more persons with a total injury rate of 201% or more;

c) Causing property damage of VND 7,000,000,000 or more.

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, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 10,000,000,000 shall be imposed for committing the offense specified in Clause 2 of this Article;

c) A fine of between VND 10,000,000,000 and VND 20,000,000,000 or suspension of operations for a term of between 01 year and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

dd) A fine of between VND 200,000,000 and VND 1,000,000,000, prohibition from doing business, or prohibition from operating in certain fields for a term of between 01 year and 03 years may also be imposed.

Article 238. Violating regulations on the protection of safety of irrigation works, dikes, natural disaster prevention and control works; and violating regulations on riverbank and riverside protection

1. A fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 03 months and 02 years shall be imposed for committing any of the following acts, which result in injury or harm to the health of another person with an injury rate of 61% or more, or in injury or harm to the health of two or more persons with a total injury rate of between 61% and 121%, or in property damage of between VND 100,000,000 and under VND 300,000,000, unless falling under the case specified in Article 303 of this Code:

a) Illegally constructing houses or other structures within the protection zones of irrigation works, dikes, or natural disaster prevention and control works;

b) Damaging irrigation works, dikes, natural disaster prevention and control works, or works for the protection, exploitation, use, observation, and monitoring of water resources, or works for prevention and remediation of water-induced damages;

c) Illegally drilling, excavating, surveying, or exploiting soil, rock, sand, gravel, minerals, or groundwater;

d) Using explosives, causing explosions, or causing fires within the protection zones of irrigation works, dikes, natural disaster prevention and control works, or works for the protection, exploitation, use, observation, and monitoring of water resources, or works for prevention and remediation of water-induced damages, unless having a permit or in emergency cases as prescribed by law;

dd) Improperly operating water reservoirs in violation of the prescribed reservoir operation procedures or inter-reservoir operation procedures; or improperly operating flood diversion and retardation works in violation of permitted technical standards, except in special cases as decided by competent authorities.

2. A fine of between VND 600,000,000 and VND 4,000,000,000 or a sentence of imprisonment for a term of between 02 years and 07 years shall be imposed for committing any of the following acts:

a) Committing the offense in an organized manner;

b) Committing the offense twice or more;

c) Causing the death of a person;

d) Causing injury or harm to the health of two or more persons with a total injury rate of between 122% and 200%;

dd) Causing property damage of between VND 300,000,000 and under VND 1,000,000,000;

e) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed for committing any of the following acts:

a) Causing the death of two or more persons;

b) Causing injury or harm to the health of three or more persons with a total injury rate of 201% or more;

c) Causing property damage of VND 1,000,000,000 or more.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from practicing certain professions or performing certain jobs for a term of between 02 years and 05 years.

5. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 600,000,000 and VND 2,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 2 of this Article;

c) A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension of operations for a term of between 01 year and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

dd) A fine of between VND 200,000,000 and VND 1,000,000,000, prohibition from doing business, or prohibition from operating in certain fields for a term of between 01 year and 03 years may also be imposed.

Article 239. Illegally bringing waste into the territory of Vietnam

1. A fine of between VND 400,000,000 and VND 2,000,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 06 months and 03 years shall be imposed for any person who illegally brings waste into the territory of Vietnam under any of the following circumstances:

a) Bringing into the territory of Vietnam from 1,000 kilograms to under 3,000 kilograms of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants; or from 3,000 kilograms to under 10,000 kilograms of other hazardous waste;

b) Bringing into the territory of Vietnam from 70,000 kilograms to under 170,000 kilograms of other waste.

2. A fine of between VND 2,000,000,000 and VND 4,000,000,000 or a sentence of imprisonment for a term of between 02 years and 07 years shall be imposed for committing any of the following offenses:

a) Committing the offense in an organized manner;

b) Bringing into the territory of Vietnam from 3,000 kilograms to under 5,000 kilograms of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants; or from 10,000 kilograms to under 50,000 kilograms of other hazardous waste;

c) Bringing into the territory of Vietnam from 170,000 kilograms to under 300,000 kilograms of other waste.

3. A fine of between VND 4,000,000,000 and VND 10,000,000,000 or a sentence of imprisonment for a term of between 05 years and 10 years shall be imposed for committing any of the following offenses:

a) Bringing into the territory of Vietnam 5,000 kilograms or more of hazardous waste containing especially hazardous components that exceed the threshold prescribed by law or containing substances subject to elimination under Appendix A to the Stockholm Convention on Persistent Organic Pollutants; or 50,000 kilograms or more of other hazardous waste;

b) Bringing into the territory of Vietnam 300,000 kilograms or more of other waste.

4. The offender may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person that commits the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension of operations for a term of between 06 months and 01 year shall be imposed for committing the offense specified in Clause 2 of this Article;

c) A fine of between VND 10,000,000,000 and VND 14,000,000,000 or suspension of operations for a term of between 01 year and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

dd) A fine of between VND 200,000,000 and VND 1,000,000,000, prohibition from doing business or engaging in certain fields for a term of between 01 year and 03 years may also be imposed.”

13. To amend and supplement Clauses 1 and 4, Article 240 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Any person who commits any of the following acts, thereby causing the spread of dangerous infectious diseases to humans, shall be subject to a fine of between VND 100,000,000 and VND 400,000,000 or a sentence of imprisonment for a term of between 01 year and 05 years:

a) Taking or allowing the removal of animals, plants, animal or plant products, or other items capable of transmitting dangerous infectious diseases to humans out of epidemic areas, unless otherwise prescribed by law;

b) Bringing or allowing the entry into the territory of Vietnam of animals, plants, or animal or plant products that are infected or carry dangerous pathogens capable of transmitting diseases to humans;

c) Any other act causing the spread of dangerous infectious diseases to humans.”;

b) To amend and supplement Clause 4 as follows:

“4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.”.

14. To amend and supplement Article 241 and Article 242 as follows:

Article 241. Spreading dangerous epidemics among animals and plants

1. A fine of between VND 100,000,000 and VND 400,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 06 months and 02 years shall be imposed for committing any of the following acts, resulting in the spread of dangerous epidemics among animals or plants, causing property damage of between VND 100,000,000 and under VND 500,000,000, or while having previously been sanctioned for an administrative violation in relation to any of such acts but continuing to re-offend:

a) Bringing into, taking out of, or permitting the bringing into or taking out of epidemic zones any diseased animals, plants, animal or plant products, or other items carrying pathogens, unless otherwise prescribed by law;

b) Importing into or permitting the import into the territory of Vietnam any quarantinable animals, plants, or animal or plant products without complying with regulations on quarantine as prescribed by law;

c) Committing other acts that result in the spread of dangerous epidemics among animals or plants.

2. A sentence of imprisonment for a term of between 02 years and 05 years shall be imposed for committing any of the following acts:

a) Causing property damage of between VND 500,000,000 and under VND 1,000,000,000;

b) Causing the epidemic to be declared by the Chairperson of the provincial-level People’s Committee.

3. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed for committing any of the following acts:

a) Causing property damage of VND 1,000,000,000 or more;

b) Causing the epidemic to be declared by the Minister of Agriculture and Environment.

4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.

Article 242. Destroying aquatic resources

1. A fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 06 months and 03 years shall be imposed for violating regulations on the protection of aquatic resources in any of the following cases, causing damage to aquatic resources valued at between VND 100,000,000 and under VND 500,000,000; or illegally obtaining aquatic products valued at between VND 50,000,000 and under VND 200,000,000; or having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend:

a) Using toxic substances, explosives, chemicals, electricity, or prohibited vehicles or fishing gear to exploit aquatic resources or destroy aquatic resources;

b) Exploiting aquatic resources in prohibited areas or temporarily prohibited areas;

c) Exploiting aquatic species that are prohibited from exploitation, unless otherwise specified in Article 244 of this Code;

d) Destroying the habitats of aquatic species listed in the directory of endangered, precious, and rare species prioritized for protection;

dd) Causing injury or harm to the health of another person with an injury rate of 61% or more;

e) Causing injury or harm to the health of two or more persons with a total injury rate of between 61% and 121%;

g) Committing other violations against regulations on the protection of aquatic resources.

2. A fine of between VND 600,000,000 and VND 2,000,000,000 or a sentence of imprisonment for a term of between 03 years and 05 years shall be imposed for committing any of the following offenses:

a) Causing damage to aquatic resources valued at between VND 500,000,000 and under VND 1,500,000,000 or obtaining aquatic products valued at between VND 200,000,000 and under VND 500,000,000;

b) Causing death to another person;

c) Causing injury or harm to the health of two or more persons with a total injury rate of between 122% and 200%.

3. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed for committing any of the following offenses:

a) Causing damage to aquatic resources valued at VND 1,500,000,000 or more or obtaining aquatic products valued at VND 500,000,000 or more;

b) Causing death to two or more persons;

c) Causing injury or harm to the health of three or more persons with a total injury rate of 201% or more.

4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 600,000,000 and VND 2,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 2 of this Article;

c) A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension of operations for a term of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) A fine of between VND 100,000,000 and VND 400,000,000, prohibition from doing business, or prohibition from operating in certain fields for a term of between 01 year and 03 years, or prohibition from raising capital for a term of between 01 year and 03 years may also be imposed.”

15. To amend and supplement Clauses 1, 4, and 5, Article 243 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 100,000,000 and VND 1,000,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 01 year and 05 years shall be imposed for illegally burning or destroying forests, or committing other acts of forest destruction in any of the following cases:

a) Destroying planted forests not yet forming forests or regenerating forests without timber reserves, with an area of between 30,000 square meters and under 50,000 square meters;

b) Destroying production forests with an area of between 5,000 square meters and under 10,000 square meters;

c) Destroying protection forests with an area of between 3,000 square meters and under 7,000 square meters;

d) Destroying special-use forests with an area of between 1,000 square meters and under 3,000 square meters;

dd) Causing damage to forest products in a value of between VND 50,000,000 and under VND 100,000,000 in cases where the damage to forests cannot be quantified by area;

e) Destroying flora species included in the List of endangered, precious, and rare species prioritized for protection or flora species in Group IA of the List of endangered, precious, and rare forest flora and fauna, in a value of between VND 20,000,000 and under VND 60,000,000; or flora species in Group IIA of the same list, in a value of between VND 40,000,000 and under VND 100,000,000;

g) Violating regulations involving forest areas or forest products of a value lower than those specified at Points a through e of this Clause, and having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend.”

b) To amend and supplement Clauses 4 and 5 as follows:

“4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 1,000,000,000 and VND 4,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 4,000,000,000 and VND 10,000,000,000 shall be imposed for committing any of the offenses specified in Points a, c, d, dd, e, g, h, and i, Clause 2 of this Article;

c) A fine of between VND 10,000,000,000 and VND 14,000,000,000 or suspension of operations for a term of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

dd) A fine of between VND 100,000,000 and VND 400,000,000, prohibition from doing business, prohibition from operating in certain fields, or prohibition from raising capital for a term of between 01 year and 03 years may also be imposed.”

16. To amend and supplement Clauses 1, 4, and 5, Article 244 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 1,000,000,000 and VND 4,000,000,000 or a sentence of imprisonment for a term of between 01 year and 05 years shall be imposed for violating regulations on the protection of animals included in the List of endangered, precious, and rare species prioritized for protection or in Group IB of the List of endangered, precious, and rare forest flora and fauna, or in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in any of the following cases:

a) Illegally hunting, killing, rearing, confining, transporting, or trading in animals included in the List of endangered, precious, and rare species prioritized for protection;

b) Illegally storing, transporting, or trading in live individuals, inseparable body parts, or products of animals specified in Point a of this Clause;

c) Illegally storing, transporting, or trading in ivory of a weight of between 02 kilograms and under 20 kilograms; or rhinoceros horn of a weight of between 50 grams and under 01 kilogram;

d) Illegally hunting, killing, rearing, confining, transporting, or trading in animals included in Group IB of the List of endangered, precious, and rare forest flora and fauna or in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are not among the species specified in Point a of this Clause, in a quantity of between 03 and 07 individuals of mammals, between 07 and 10 individuals of birds or reptiles, or between 10 and 15 individuals of other animal classes;

dd) Illegally storing, transporting, or trading in live individuals or inseparable body parts of between 03 and 07 individuals of mammals, between 07 and 10 individuals of birds or reptiles, or between 10 and 15 individuals of other animal classes as specified at Point d of this Clause;

e) Illegally hunting, killing, rearing, confining, transporting, or trading in animals; or illegally storing, transporting, or trading in live individuals, inseparable body parts, or products of animals in a quantity lower than those specified in Points c, d, and dd of this Clause, and having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend.”

b) To amend and supplement Clauses 4 and 5 as follows:

“4. The offender may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.

5. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 10,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 10,000,000,000 and VND 20,000,000,000 shall be imposed for committing any of the offenses specified in Points a, b, c, d, dd, g, h, i, and k, Clause 2 of this Article;

c) A fine of between VND 20,000,000,000 and VND 30,000,000,000 or suspension of operations for a term of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 3 of this Article;

d) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

dd) A fine of between VND 600,000,000 and VND 1,200,000,000, prohibition from doing business, prohibition from operating in certain fields, or prohibition from raising capital for a term of between 01 year and 03 years may also be imposed.”.

17. To amend and supplement Articles 245 and 246 as follows:

“Article 245. Violating regulations on management of nature reserves

1. A fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 06 months and 03 years shall be imposed for any of the following violations against regulations on management of nature reserves:

a) Causing property damage of between VND 50,000,000 and under VND 200,000,000;

b) Causing damage to landscapes or natural ecosystems in strictly protected subzones of nature reserves with a total area of between 300 square meters and under 500 square meters;

c) Committing the violation after having been sanctioned for an administrative violation in relation to any of these acts or convicted of this offense, without having had their criminal record expunged and continuing to re-offend.

2. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed in any of the following cases:

a) Causing property damage of VND 200,000,000 or more;

b) Causing damage to landscapes or natural ecosystems in strictly protected subzones of nature reserves with a total area of 500 square meters or more;

c) Committing the offense in an organized manner;

d) Using prohibited tools, means, or methods;

dd) Committing the offense in a dangerous recidivism manner.

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, prohibition from practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.

4. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 600,000,000 and VND 2,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 2,000,000,000 and VND 6,000,000,000 or suspension of operations for a term of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 2 of this Article;

c) Permanent suspension of operations shall be imposed for committing the offense specified in Article 79 of this Code;

d) A fine of between VND 100,000,000 and VND 1,000,000,000, prohibition from doing business, prohibition from operating in certain fields, or prohibition from raising capital for a term of between 01 year and 03 years may also be imposed.

Article 246. Violating regulations on importation and dissemination of invasive alien species

1. A fine of between VND 200,000,000 and VND 2,000,000,000, non-custodial reform for up to 03 years, or a sentence of imprisonment for a term of between 01 year and 05 years shall be imposed for committing any of the following acts:

a) Illegally importing invasive alien animals or plants, or alien species likely to be invasive, in cases where the value of the contraband is between VND 250,000,000 and under VND 500,000,000; or in cases where the value is under VND 250,000,000 but the offender has already been sanctioned for an administrative violation related to the same act and continues to re-offend;

b) Disseminating invasive alien animals or plants, or alien species likely to be invasive, causing property damage of between VND 150,000,000 and under VND 500,000,000.

2. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Illegally importing invasive alien animals or plants, or alien species likely to be invasive, in cases where the value of the contraband is VND 500,000,000 or more;

c) Disseminating invasive alien animals or plants, or alien species likely to be invasive, causing property damage of VND 500,000,000 or more;

d) Committing the offense in a dangerous recidivism manner.

3. The offender may also be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.

4. A commercial legal person that commits any of the offenses specified in this Article shall be subject to the following penalties:

a) A fine of between VND 2,000,000,000 and VND 6,000,000,000 shall be imposed for committing the offense specified in Clause 1 of this Article;

b) A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension of operations for a term of between 06 months and 03 years shall be imposed for committing the offense specified in Clause 2 of this Article;

c) A fine of between VND 200,000,000 and VND 2,000,000,000, prohibition from doing business, prohibition from operating in certain fields, or prohibition from raising capital for a term of between 01 year and 03 years may also be imposed.”.

18. To amend and supplement Articles 248, 249, 250, 251, and 252 as follows:

“Article 248. Illegally producing narcotic substances

1. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed for illegally producing narcotic substances in any form.

2. A sentence of imprisonment for a term of between 07 years and 15 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Committing the offense more than once;

c) Abusing position or power;

d) Abusing the name of an agency or organization;

dd) Producing 500 grams to under 01 kilogram of opium resin, cannabis resin, or coca paste;

e) Producing 05 grams to under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

g) Producing 20 grams to under 100 grams of other narcotic substances in solid form;

h) Producing 100 milliliters to under 200 milliliters of other narcotic substances in liquid form;

i) Committing the offense in a dangerous recidivism manner;

k) Producing two or more types of narcotic substances, where the total quantity or volume is equivalent to any of the thresholds specified at Points dd through h of this Clause.

3. A sentence of imprisonment for a term of between 15 years and 20 years shall be imposed in any of the following cases:

a) Committing the offense in a professional manner;

b) Producing 01 kilogram to under 05 kilograms of opium resin, cannabis resin, or coca paste;

c) Producing 30 grams to under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

d) Producing 100 grams to under 300 grams of other narcotic substances in solid form;

dd) Producing 200 milliliters to under 750 milliliters of other narcotic substances in liquid form;

e) Producing two or more types of narcotic substances, where the total quantity or volume is equivalent to any of the thresholds specified at Points b through dd of this Clause.

4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed in any of the following cases:

a) Producing 05 kilograms to under 30 kilograms of opium resin, cannabis resin, or coca paste;

b) Producing 100 grams to under 03 kilograms of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Producing 300 grams to under 09 kilograms of other narcotic substances in solid form;

d) Producing 750 milliliters to under 22 liters of other narcotic substances in liquid form;

dd) Producing two or more types of narcotic substances, where the total quantity or volume is equivalent to any of the thresholds specified at Points a through d of this Clause.

5. A sentence of life imprisonment or death penalty shall be imposed in any of the following cases:

a) Producing 30 kilograms or more of opium resin, cannabis resin, or coca paste;

b) Producing 03 kilograms or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Producing 09 kilograms or more of other narcotic substances in solid form;

d) Producing 22 liters or more of other narcotic substances in liquid form;

dd) Producing two or more types of narcotic substances, where the total quantity or volume is equivalent to any of the thresholds specified at Points a through d of this Clause.

6. 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, prohibition from practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years, or confiscation of part or all of their property.

Article 249. Illegally storing narcotic substances

1. A sentence of imprisonment for a term of between 03 years and 05 years shall be imposed for any of the following acts of illegally storing narcotic substances without the intent to illegally trade, transport, or produce such substances:

a) Committing the offense after having been sanctioned for an administrative violation in relation to the acts specified in this Article or convicted of this offense or any of the offenses specified in Articles 248, 250, 251, 252, or 256a of this Code, without having had their criminal record expunged and continuing to re-offend;

b) Storing from 01 gram to under 500 grams of opium resin, cannabis resin, or coca paste;

c) Storing from 0.1 gram to under 05 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

d) Storing from 01 kilogram to under 10 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

dd) Storing from 05 kilograms to under 50 kilograms of dried poppy capsules;

e) Storing from 01 kilogram to under 10 kilograms of fresh poppy capsules;

g) Storing from 01 gram to under 20 grams of other solid-form narcotic substances;

h) Storing from 10 milliliters to under 100 milliliters of other liquid-form narcotic substances;

i) Storing two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified in Points b through h of this Clause.

2. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Committing the offense more than once;

c) Abusing position or power;

d) Abusing the name of an agency or organization;

dd) Using a person under 16 years of age to commit the offense;

e) Storing from 500 grams to under 01 kilogram of opium resin, cannabis resin, or coca paste;

g) Storing from 05 grams to under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

h) Storing from 10 kilograms to under 25 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

i) Storing from 50 kilograms to under 200 kilograms of dried poppy capsules;

k) Storing from 10 kilograms to under 50 kilograms of fresh poppy capsules;

l) Storing from 20 grams to under 100 grams of other solid-form narcotic substances;

m) Storing from 100 milliliters to under 250 milliliters of other liquid-form narcotic substances;

n) Storing two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified in Points e through m of this Clause;

o) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 10 years and 15 years shall be imposed in any of the following cases:

a) Storing from 01 kilogram to under 05 kilograms of opium resin, cannabis resin, or coca paste;

b) Storing from 30 grams to under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Storing from 25 kilograms to under 75 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Storing from 200 kilograms to under 600 kilograms of dried poppy capsules;

dd) Storing from 50 kilograms to under 150 kilograms of fresh poppy capsules;

e) Storing from 100 grams to under 300 grams of other solid-form narcotic substances;

g) Storing from 250 milliliters to under 750 milliliters of other liquid-form narcotic substances;

h) Storing two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified in Points a through g of this Clause.

4. A sentence of imprisonment for a term of between 15 years and 20 years, or life imprisonment shall be imposed in any of the following cases:

a) Storing 05 kilograms or more of opium resin, cannabis resin, or coca paste;

b) Storing 100 grams or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Storing 75 kilograms or more of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Storing 600 kilograms or more of dried poppy capsules;

dd) Storing 150 kilograms or more of fresh poppy capsules;

e) Storing 300 grams or more of other solid-form narcotic substances;

g) Storing 750 milliliters or more of other liquid-form narcotic substances;

h) Storing two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified in 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, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years, or confiscation of part or all of their property.

Article 250. Illegally transporting narcotic substances

1. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed for illegally transporting narcotic substances not for the purpose of illegal production, trading, or storage of narcotic substances in any of the following cases:

a) The offender has previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense or any of the offenses specified in Articles 248, 249, 251, 252, and 256a of this Code, has not had their criminal record expunged but continues to re-offend;

b) Transporting from 01 gram to under 500 grams of opium resin, cannabis resin, or coca paste;

c) Transporting from 0.1 gram to under 05 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

d) Transporting from 01 kilogram to under 10 kilograms of coca leaves; khat leaves (Catha edulis); leaves, roots, stems, branches, flowers, fruiting tops of cannabis plants, or parts of other plants containing narcotic substances as prescribed by the Government;

dd) Transporting from 05 kilograms to under 50 kilograms of dried poppy capsules;

e) Transporting from 01 kilogram to under 10 kilograms of fresh poppy capsules;

g) Transporting from 01 gram to under 20 grams of other narcotic substances in solid form;

h) Transporting from 10 milliliters to under 100 milliliters of other narcotic substances in liquid form;

i) Transporting two or more types of narcotic substances with a total weight or volume equivalent to the weight or volume prescribed in any of Points b through h of this Clause.

2. A sentence of imprisonment for a term of between 07 years and 15 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Committing the offense more than once;

c) Abusing position or power;

d) Abusing the name of an agency or organization;

dd) Using a person under 16 years of age to commit the offense;

e) Committing the offense across the border;

g) Transporting from 500 grams to under 01 kilogram of opium resin, cannabis resin, or coca paste;

h) Transporting from 05 grams to under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

i) Transporting from 10 kilograms to under 25 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

k) Transporting from 50 kilograms to under 200 kilograms of dried poppy capsules;

l) Transporting from 10 kilograms to under 50 kilograms of fresh poppy capsules;

m) Transporting from 20 grams to under 100 grams of other narcotic substances in solid form;

n) Transporting from 100 milliliters to under 250 milliliters of other narcotic substances in liquid form;

o) Transporting two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points g through n of this Clause;

p) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 15 years and 20 years shall be imposed in any of the following cases:

a) Transporting from 01 kilogram to under 05 kilograms of opium resin, cannabis resin, or coca paste;

b) Transporting from 30 grams to under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Transporting from 25 kilograms to under 75 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Transporting from 200 kilograms to under 600 kilograms of dried poppy capsules;

dd) Transporting from 50 kilograms to under 150 kilograms of fresh poppy capsules;

e) Transporting from 100 grams to under 300 grams of other narcotic substances in solid form;

g) Transporting from 250 milliliters to under 750 milliliters of other narcotic substances in liquid form;

h) Transporting two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points a through g of this Clause.

4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed in any of the following cases:

a) Transporting 05 kilograms or more of opium resin, cannabis resin, or coca paste;

b) Transporting 100 grams or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Transporting 75 kilograms or more of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Transporting 600 kilograms or more of dried poppy capsules;

dd) Transporting 150 kilograms or more of fresh poppy capsules;

e) Transporting 300 grams or more of other narcotic substances in solid form;

g) Transporting 750 milliliters or more of other narcotic substances in liquid form;

h) Transporting two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified 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, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years, or confiscation of part or all of their property.

Article 251. Illegally trading narcotic substances

1. A sentence of imprisonment for a term of between 03 years and 07 years shall be imposed for any person who illegally trades narcotic substances.

2. A sentence of imprisonment for a term of between 07 years and 15 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Committing the offense more than once;

c) Involving two or more persons;

d) Abusing position or power;

dd) Abusing the name of an agency or organization;

e) Using a person under 16 years of age to commit the offense or selling narcotics to a person under 16 years of age;

g) Committing the offense across the border;

h) Trading from 500 grams to under 01 kilogram of opium resin, cannabis resin, or coca paste;

i) Trading from 05 grams to under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

k) Trading from 10 kilograms to under 25 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

l) Trading from 50 kilograms to under 200 kilograms of dried poppy capsules;

m) Trading from 10 kilograms to under 50 kilograms of fresh poppy capsules;

n) Trading from 20 grams to under 100 grams of other narcotic substances in solid form;

o) Trading from 100 milliliters to under 250 milliliters of other narcotic substances in liquid form;

p) Trading two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points h through o of this Clause;

q) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 15 years and 20 years shall be imposed in any of the following cases:

a) Trading from 01 kilogram to under 05 kilograms of opium resin, cannabis resin, or coca paste;

b) Trading from 30 grams to under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Trading from 25 kilograms to under 75 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Trading from 200 kilograms to under 600 kilograms of dried poppy capsules;

dd) Trading from 50 kilograms to under 150 kilograms of fresh poppy capsules;

e) Trading from 100 grams to under 300 grams of other narcotic substances in solid form;

g) Trading from 250 milliliters to under 750 milliliters of other narcotic substances in liquid form;

h) Trading two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points a through g of this Clause.

4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed in any of the following cases:

a) Trading from 05 kilograms to under 30 kilograms of opium resin, cannabis resin, or coca paste;

b) Trading from 100 grams to under 03 kilograms of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Trading from 75 kilograms to under 150 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Trading from 600 kilograms to under 1,200 kilograms of dried poppy capsules;

dd) Trading from 150 kilograms to under 300 kilograms of fresh poppy capsules;

e) Trading from 300 grams to under 09 kilograms of other narcotic substances in solid form;

g) Trading from 750 milliliters to under 22 liters of other narcotic substances in liquid form;

h) Trading two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points a through g of this Clause.

5. A sentence of life imprisonment or the death penalty shall be imposed in any of the following cases:

a) Trading 30 kilograms or more of opium resin, cannabis resin, or coca paste;

b) Trading 03 kilograms or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Trading 150 kilograms or more of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Trading 1,200 kilograms or more of dried poppy capsules;

dd) Trading 300 kilograms or more of fresh poppy capsules;

e) Trading 09 kilograms or more of other narcotic substances in solid form;

g) Trading 22 liters or more of other narcotic substances in liquid form;

h) Trading two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points a through g of this Clause.

6. 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, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years, or confiscation of part or all of their property.

Article 252. Appropriating narcotic substances

1. A sentence of imprisonment for a term of between 01 year and 05 years shall be imposed for any person who appropriates narcotic substances in any form in any of the following cases:

a) The offender has previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense or any of the offenses specified in Articles 248, 249, 250, 251, and 256a of this Code, has not had their criminal record expunged but continues to re-offend;

b) Appropriating from 01 gram to under 500 grams of opium resin, cannabis resin, or coca paste;

c) Appropriating from 0.1 gram to under 05 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

d) Appropriating from 01 kilogram to under 10 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

dd) Appropriating from 05 kilograms to under 50 kilograms of dried poppy capsules;

e) Appropriating from 01 kilogram to under 10 kilograms of fresh poppy capsules;

g) Appropriating from 01 gram to under 20 grams of other narcotic substances in solid form;

h) Appropriating from 10 milliliters to under 100 milliliters of other narcotic substances in liquid form;

i) Appropriating two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points b through h of this Clause.

2. A sentence of imprisonment for a term of between 05 years and 10 years shall be imposed in any of the following cases:

a) Committing the offense in an organized manner;

b) Committing the offense more than once;

c) Abusing position or power;

d) Abusing the name of an agency or organization;

dd) Using a person under 16 years of age to commit the offense;

e) Appropriating from 500 grams to under 01 kilogram of opium resin, cannabis resin, or coca paste;

g) Appropriating from 05 grams to under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

h) Appropriating from 10 kilograms to under 25 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

i) Appropriating from 50 kilograms to under 200 kilograms of dried poppy capsules;

k) Appropriating from 10 kilograms to under 50 kilograms of fresh poppy capsules;

l) Appropriating from 20 grams to under 100 grams of other narcotic substances in solid form;

m) Appropriating from 100 milliliters to under 250 milliliters of other narcotic substances in liquid form;

n) Appropriating two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points e through m of this Clause;

o) Committing the offense in a dangerous recidivism manner.

3. A sentence of imprisonment for a term of between 10 years and 15 years shall be imposed in any of the following cases:

a) Appropriating from 01 kilogram to under 05 kilograms of opium resin, cannabis resin, or coca paste;

b) Appropriating from 30 grams to under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Appropriating from 25 kilograms to under 75 kilograms of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Appropriating from 200 kilograms to under 600 kilograms of dried poppy capsules;

dd) Appropriating from 50 kilograms to under 150 kilograms of fresh poppy capsules;

e) Appropriating from 100 grams to under 300 grams of other narcotic substances in solid form;

g) Appropriating from 250 milliliters to under 750 milliliters of other narcotic substances in liquid form;

h) Appropriating two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified at Points a through g of this Clause.

4. A sentence of imprisonment for a term of between 15 years and 20 years or life imprisonment shall be imposed in any of the following cases:

a) Appropriating 05 kilograms or more of opium resin, cannabis resin, or coca paste;

b) Appropriating 100 grams or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11;

c) Appropriating 75 kilograms or more of coca leaves; khat leaves (Catha edulis); or leaves, roots, stems, branches, flowers, fruiting tops of cannabis or parts of other plants containing narcotic substances as prescribed by the Government;

d) Appropriating 600 kilograms or more of dried poppy capsules;

dd) Appropriating 150 kilograms or more of fresh poppy capsules;

e) Appropriating 300 grams or more of other narcotic substances in solid form;

g) Appropriating 750 milliliters or more of other narcotic substances in liquid form;

h) Appropriating two or more types of narcotic substances with a total weight or volume equivalent to one of the thresholds specified 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, prohibition from practicing certain professions or performing certain jobs for a term of between 01 year and 05 years, or confiscation of part or all of their property.”.

19. To amend and supplement Clause 1, Article 255 as follows:

“1. Any person who organizes the illicit use of narcotic substances in any form shall be sentenced to imprisonment for a term of between 03 years and 07 years.”

20. To add Article 256a after Article 256 as follows:

“Article 256a. Illegally using narcotic substances

1. A sentence of imprisonment for a term of between 02 years and 03 years shall be imposed for any person who commits the illicit use of narcotic substances in any of the following cases:

a) While undergoing compulsory detoxification or treatment of substance use disorders using substitute medications as prescribed by the Law on Drug Prevention and Control;

b) While under post-rehabilitation management as prescribed by the Law on Drug Prevention and Control;

c) Within 02 years from the date of completion of post-rehabilitation management and while under management for illicit drug use as prescribed by the Law on Drug Prevention and Control;

d) Within 02 years from the date of voluntary termination of voluntary detoxification or treatment of substance use disorders using substitute medications as prescribed by the Law on Drug Prevention and Control.

2. A sentence of imprisonment for a term of between 03 years and 05 years shall be imposed for dangerous recidivism.”

21. To amend and supplement Clauses 1, 2, and 5, Article 317 as follows:

a) To amend and supplement Clauses 1 and 2 as follows:

“1. A fine of between VND 100,000,000 and VND 400,000,000 or a sentence of imprisonment for a term of between 02 years and 05 years shall be imposed for any person who commits any of the following acts in violation of regulations on food safety:

a) Using substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids that are known to be banned or not included in the list of permitted substances for use in food production, where the product is worth between VND 10,000,000 and under VND 100,000,000; or having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged but continuing to re-offend;

b) Using animals that died of diseases or epidemics, or animals that were destroyed in accordance with law, to process food or to supply or sell food while knowing that the food originated from such animals, where the product is worth between VND 10,000,000 and under VND 100,000,000; or having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged but continuing to re-offend;

c) Using substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids that are known to be unauthorized or not yet permitted for circulation in Vietnam for food production, where the product is worth between VND 100,000,000 and under VND 300,000,000, or the product is worth between VND 50,000,000 and under VND 100,000,000 but after having been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

d) Importing, supplying, or selling food while knowing that such food involves the use of banned or unauthorized substances, chemicals, food additives, or food processing aids, where the product is worth between VND 10,000,000 and under VND 100,000,000, or an illicit profit of between VND 5,000,000 and under VND 20,000,000 is gained; or having previously been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged but continuing to re-offend;

dd) Importing, supplying, or selling food while knowing that such food involves the use of substances, chemicals, food additives, or food processing aids that are unauthorized or not yet permitted for circulation in Vietnam, where the product is worth between VND 100,000,000 and under VND 300,000,000 or an illicit profit of between VND 50,000,000 and under VND 100,000,000 is gained; or where the product is worth between VND 50,000,000 and under VND 100,000,000 or an illicit profit of between VND 20,000,000 and under VND 50,000,000 is gained but after having been sanctioned for an administrative violation in relation to any of the acts specified in this Article or convicted of this offense, without having had their criminal record expunged and continuing to re-offend;

e) Committing any of the acts specified at Points a through dd of this Clause or processing, supplying, or selling food while knowing that such food fails to comply with technical regulations or food safety standards, thereby causing poisoning that seriously affects the health of between 05 and 20 persons or causing harm to another person’s health with an injury rate of between 31% and 60%.

2. A fine of between VND 400,000,000 and VND 1,000,000,000 or a sentence of imprisonment for a term of between 03 years and 07 years shall be imposed for committing any of the following acts:

a) Acting in an organized manner;

b) Causing the death of a person;

c) Causing poisoning that seriously affects the health of between 21 and 100 persons;

d) Causing harm to another person’s health with an injury rate of 61% or more;

dd) Causing harm to the health of two or more persons with a total injury rate of between 61% and 121%;

e) Producing or trading in food that contains banned or unauthorized substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids, where the product is worth between VND 100,000,000 and under VND 300,000,000 or an illicit profit of between VND 20,000,000 and under VND 100,000,000 is gained;

g) Producing or trading in food containing ingredients from animals that died of diseases or epidemics or were destroyed, where the product is worth between VND 100,000,000 and under VND 300,000,000;

h) Producing or trading in food involving substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids that are unauthorized or not yet permitted for circulation in Vietnam, where the product is worth between VND 300,000,000 and under VND 500,000,000 or an illicit profit of between VND 100,000,000 and under VND 200,000,000 is gained;

i) Committing this offense in a dangerous recidivism.”;

b) To amend and supplement Clause 5 as follows:

“5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for a term of between 01 year and 05 years.”.

22. To amend and supplement Clauses 4 and 5, Article 353 as follows:

“4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed in any of the following cases:

a) Appropriating assets of a value of VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 60,000,000 and VND 200,000,000, and confiscation of part or all of their property.”.

23. To amend and supplement Clauses 4 and 5, Article 354 as follows:

“4. A sentence of imprisonment for a term of 20 years or life imprisonment shall be imposed in any of the following cases:

a) The bribe consists of money, property, or other material benefits of a value of VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 60,000,000 and VND 200,000,000, and confiscation of part or all of their property.”.

24. To amend and supplement Clause 5, Article 355 as follows:

“5. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 60,000,000 and VND 200,000,000, and confiscation of part or all of their property.”.

25. To amend and supplement Clause 4, Article 356 as follows:

“4. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 20,000,000 and VND 200,000,000.”.

26. To amend and supplement Clause 5, Article 357 as follows:

“5. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 20,000,000 and VND 200,000,000.”.

27. To amend and supplement Clause 5, Article 358 as follows:

“5. The offender shall also be subject to a prohibition from holding certain positions for a term of between 01 year and 05 years, and may be subject to a fine of between VND 60,000,000 and VND 200,000,000.”.

28. To amend and supplement Clause 5, Article 359 as follows:

“5. The offender shall also be subject to a prohibition from holding certain positions or performing certain jobs for a term of between 01 year and 05 years, and may be subject to a fine of between VND 20,000,000 and VND 200,000,000.”.

29. To amend and supplement Clause 1, Article 421 as follows:

“1. Any person who propagandizes, incites, prepares, initiates, or participates in an aggressive war aimed at opposing the independence, sovereignty, or territorial integrity of another independent and sovereign country or territory shall be sentenced to imprisonment for a term of between 12 years and 20 years or life imprisonment.”.

Article 2. To amend and supplement a number of Articles of relevant laws

1. To amend, supplement, replace, and repeal a number of Articles, Clauses, and Points of the Law on Execution of Criminal Judgments No. 41/2019/QH14, which was amended and supplemented by Law No. 59/2024/QH15, as follows:

a) To amend and supplement Point b, Clause 2, Article 68 as follows:

“b) Having obtained approval of the commune-level Public Security office in case of changing his/her place of residence within a provincial-level administrative unit, or the criminal judgment execution agency of the provincial-level Department of Public Security in case of changing his/her place of residence to another provincial-level administrative unit.”;

b) To amend and supplement Point c, Clause 4, Article 82 as follows:

“c) The chairperson of the death sentence execution council shall announce the decision on sentence execution, the non-protest decision of the Chief Justice of the Supreme People’s Court, the non-protest decision of the Procurator General of the Supreme People’s Procuracy, the decision of the Judicial Council of the Supreme People’s Court rejecting the protest of the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, and the written notice from a competent authority regarding the non-issuance of a decision to commute the death sentence.

Right after the chairperson of the death sentence execution council announces these decisions, the criminal judgment execution and judicial assistance police or judicial security guards shall deliver such decisions to the sentenced person for reading. If the sentenced person is illiterate, does not understand Vietnamese, or is unable to read the decisions themselves, the death sentence execution council shall assign a person to read or translate such decisions for the sentenced person. The process of announcing and reading these decisions must be photographed, video-recorded, audio-recorded, and included in the death sentence execution file.”

c) To amend and supplement Clause 1, Article 115 as follows:

“1. When having plausible reasons, sentenced persons may be granted a permit for leaving places of probation. The competence to grant such permit is prescribed as follows:

a) Heads of the commune-level Public Security offices of the localities of probation shall grant permits for travel within provincial-level administrative units of the localities of probation;

b) Heads of the criminal judgment execution agencies of the provincial-level Departments of Public Security shall grant permits for travel outside the provincial-level administrative units of the localities of probation.”;

d) To replace the phrase “provincial-level People’s Court” with “regional People’s Court” in Clause 3, Article 36; Clause 3, Article 55; and Clause 1, Article 136;

dd) To replace the phrase “district-level People’s Court” with “regional People’s Court” in Clause 4, Article 90; Clauses 1, 3, and 5, Article 93; Clause 1, Article 102; and Clause 4, Article 103;

e) To replace the phrase “district-level People’s Committee” with “provincial-level People’s Committee” at Point d, Clause 1, Article 192;

g) To annul Point d, Clause 1, Article 80; Point c, Clause 1, Article 192; and Article 205.

2. To amend and supplement a number of Articles and Clauses of the Law on Special Amnesty No. 30/2018/QH14 as follows:

a) To amend and supplement Clause 2, Article 9 as follows:

“2. After being announced, the decision on special amnesty shall be publicly posted at prisons and detention camps.”

b) To amend and supplement Point a, Clause 1, Article 11 as follows:

“a) Having made substantial progress, demonstrated good rehabilitation awareness, and obtained a sufficient number of periods rated as fairly good or good in serving the imprisonment sentence, as decided by the President in each special amnesty;”;

c) To amend and supplement Point a, Clause 3, Article 11 as follows:

“a) Having made significant achievements during the imprisonment period, as certified by the prison, detention center, or another competent authority;”;

d) To amend and supplement Point g, Clause 3, Article 11 as follows:

“g) Pregnant women or women raising children under 36 months of age living with them in prisons or detention centers;”;

dd) To amend and supplement Clauses 1, 2, 3, and 4, Article 15 as follows:

“1. Immediately after receiving the decision on special amnesty, prisons and detention camps shall post and disseminate such decision to persons currently serving imprisonment sentences.

Within 5 days after the decision on special amnesty is posted or publicized, persons currently serving termed imprisonment sentences or life imprisonment sentences that have been commuted to termed imprisonment sentences shall, based on the provisions of Articles 11 and 12 of this Law, make applications for special amnesty.

2. Within 10 days after the decision on special amnesty is posted or publicized, the preparation of the list and dossier of persons eligible for special amnesty proposal shall be carried out as follows:

a) Superintendents of prisons under the Ministry of Public Security shall prepare the list and dossier of persons eligible for special amnesty proposal and submit them to the Interdisciplinary Appraisal Group;

b) Superintendents of detention camps under the Ministry of Public Security shall prepare the list and dossier of persons eligible for special amnesty proposal, report them to the heads of directly managing agencies for submission to the Interdisciplinary Appraisal Group;

c) Superintendents of detention camps under provincial-level departments of Public Security shall prepare the list and dossier of persons eligible for special amnesty proposal, report them to the heads of criminal judgment enforcement agencies of the provincial-level departments of Public Security for submission to the Interdisciplinary Appraisal Group;

d) In case a person sentenced to imprisonment and currently serving the sentence at a prison or detention camp is transferred for investigation, prosecution, or trial but is not examined for penal liability for any other offense, if eligible for special amnesty proposal, the superintendent of the prison or detention camp that manages his/her original file shall prepare the special amnesty proposal dossier. The superintendent of the detention camp receiving such person but not managing the original file shall coordinate with the agency managing such file to prepare the special amnesty proposal dossier;

dd) Superintendents of prisons or detention camps under the Ministry of National Defense or heads of criminal judgment enforcement agencies of military zones shall prepare the list and dossier of persons eligible for special amnesty proposal, report them to the heads of criminal judgment enforcement managing agencies of the Ministry of National Defense for submission to the Interdisciplinary Appraisal Group.

3. Within 15 days after the decision on special amnesty is publicized or notified in the mass media, the chief justice of the court that has issued the decision on suspension from serving the imprisonment sentence shall notify such decision to the person currently eligible for suspension from serving the imprisonment sentence, prepare the list and dossier of persons eligible for special amnesty proposal, and submit them to the Interdisciplinary Appraisal Group.

If the person currently eligible for suspension from serving the imprisonment sentence resides in a locality outside the administrative boundary of the court that has issued the suspension decision, such court shall notify the People’s Court or Military Court of the region where such person resides to prepare the list and dossier of the person proposed for special amnesty, then transfer them to the court that has issued the suspension decision for summarization and submission to the Interdisciplinary Appraisal Group.

4. Superintendents of prisons, superintendents of detention camps, chief justices of provincial-level People’s Courts, and chief justices of military courts of military zones shall notify and publicly post the list of persons proposed for special amnesty.”;

e) To amend and supplement Article 18 as follows:

“Article 18. Implementation of special amnesty decisions

1. The Office of the President shall assume the prime responsibility for, and coordinate with related agencies in, publicizing special amnesty decisions. Special amnesty decisions shall be notified in the mass media.

Special amnesty decisions and lists of special amnesty grantees shall be posted at prisons and detention camps where the grantees are serving their imprisonment sentences and notified in writing to the commune-level People’s Committees and military units where such grantees return to reside or work. In case a special amnesty grantee is currently eligible for suspension from serving their imprisonment sentence, the decision shall be notified in writing to the commune-level People’s Committee of the locality where such person resides or to the military unit assigned to manage such person.

2. Superintendents of prisons and detention camps, heads of criminal judgment enforcement agencies of military zones, chief justices of provincial-level People’s Courts, and chief justices of military courts of military zones shall publicize and implement special amnesty decisions for eligible persons.

3. Superintendents of prisons and detention camps under the Ministry of Public Security and the Ministry of National Defense, and superintendents of detention camps of military zones shall grant special amnesty certificates to eligible persons currently serving their imprisonment sentences at such prisons or detention camps.

Heads of criminal judgment enforcement agencies of provincial-level departments of Public Security shall grant special amnesty certificates to eligible persons currently serving their imprisonment sentences at detention camps of the provincial-level departments of Public Security.

Heads of criminal judgment enforcement agencies of military zones shall grant special amnesty certificates to eligible persons currently serving their imprisonment sentences at the detention camps under military zones.

Chief justices of provincial-level People’s Courts and of military courts of military zones shall grant special amnesty certificates to eligible persons currently eligible for suspension from serving their imprisonment sentences.

4. Persons who have granted special amnesty certificates shall send copies of such certificates to the courts that have issued judgment execution decisions, agencies in charge of enforcement of additional penalties, civil judgment enforcement agencies that have issued decisions of inability to execute judgments, commune-level public security offices, commune-level People’s Committees, organizations or military units where the special amnesty grantees return to reside or work, and agencies receiving the transferred inmates.

If failing to identify the place where a special amnesty grantee returns to reside, the agency that has granted the special amnesty certificate shall contact the commune-level public security office or the organization or military unit for receiving such grantee and send the certificate’s copy to the commune-level People’s Committee of the locality where the grantee returns to reside or the agency, organization, or military unit where the grantee returns to work..”;

g) To amend and supplement Clause 1, Article 27 as follows:

“1. To assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Central Committee of the Vietnam Fatherland Front, the Ministry of Justice, and other related agencies in inspecting special amnesty activities at prisons, detention camps, and criminal judgment enforcement agencies of provincial-level departments of Public Security.”;

h) To amend and supplement Clause 2, Article 29 as follows:

“2. To guide, inspect, and urge provincial-level People’s Courts, regional-level People’s Courts, military courts of military zones, and regional-level military courts in making lists and dossiers of persons eligible for special amnesty and in organizing the implementation of decisions on special amnesty in accordance with this Law.”;

i) To amend and supplement Clause 1, Article 31 as follows:

“1. To direct civil judgment enforcement agencies to coordinate with prisons, detention camps, criminal judgment enforcement agencies of provincial-level departments of Public Security, criminal judgment enforcement agencies of military zones, provincial-level People’s Courts, regional-level People’s Courts, military courts of military zones, regional-level military courts, provincial-level People’s Procuracies, regional-level People’s Procuracies, military procuracies of military zones, and regional-level military procuracies in the following tasks:

a) Providing information and papers related to the performance of civil obligations in criminal judgments or decisions of persons eligible for special amnesty;

b) Receiving and transferring papers, money, and assets submitted by persons obliged to pay fines, have their property confiscated, compensate for damages, or fulfill other civil obligations.”.

3. To amend, supplement, replace, and annul a number of articles, clauses, and points of the Law on Human Trafficking Prevention and Control No. 53/2024/QH15 as follows:

a) To amend and supplement Articles 27 and 28 as follows:

“Article 27. Receipt and verification of persons who come to report

1. Any person who has grounds to believe that they are a victim, or any lawful representative who has grounds to believe that the person represented by them is a victim, shall go to the nearest commune-level People’s Committee, Public Security office, Border Guard, Coast Guard, or agency or organization to report the trafficking situation. Public Security offices, the Border Guard, the Coast Guard, agencies or organizations that receive the report shall immediately bring such person to the commune-level People’s Committee where the agencies or organizations are headquartered. The commune-level People’s Committee shall immediately notify the provincial-level specialized health agency. In case of necessity, the commune-level People’s Committee that has received the report shall provide support in accordance with Chapter V of this Law.

2. Upon receiving the notice from the commune-level People’s Committee, the provincial-level specialized health agency shall immediately receive and provide support to the person, and, within 03 days, assume the prime responsibility for, and coordinate with the provincial-level Public Security office in, verifying initial information.

After verifying initial information, if there are no papers or documents specified in Clause 1, Article 33 of this Law, the provincial-level specialized health agency shall request the provincial-level Public Security office to verify the victim.

3. Within 20 days after receiving the request from the provincial-level specialized health agency, the provincial-level departments of Public Security shall verify the victim and reply in writing to the requesting agency.

For complicated cases, the time limit for verification shall not exceed 02 months. In case it is impossible to verify the victim within 02 months, the time limit for verification may be extended, but the total period must not exceed 04 months.

4. Immediately after obtaining the verification result or upon the expiration of the time limit specified in Clause 3 of this Article, the provincial-level departments of Public Security shall issue one of the papers specified at Point a, Clause 1, Article 33 of this Law.

5. After receipt, the provincial-level specialized health agency shall provide support to victims and persons undergoing verification to be regarded as victims in accordance with Chapter V of this Law. In case these persons wish to return to their places of residence, they shall be provided with travel expense support. If they require health or psychological care, or their places of residence have not yet been identified and they wish to stay in the locality, the provincial-level specialized health agency shall transfer them to social relief establishments or victim support establishments.

For victims and persons undergoing verification to be regarded as victims who are children, the provincial-level specialized health agency shall notify their relatives to come and receive them or assign officers to bring them back to the residences of their relatives. In case they have no one to rely on or there are grounds to believe that they are likely to be in danger if returned to their relatives’ residences, they shall be transferred to social relief establishments or victim support establishments.

6. The Government shall detail this Article.

Article 28. Receipt and verification of rescued victims

1. Competent agencies, units and persons in the People’s Public Security forces and the People’s Army that have rescued victims shall provide first aid or emergency aid to them if they suffer injuries or health harms, provide support in terms of essential needs and interpretation, and immediately send them to provincial-level specialized health agencies closest to the localities where they have been rescued.

Rescue agencies shall verify and issue certificates under Point a, Clause 1, Article 33 of this Law to the rescued persons. In case there are insufficient grounds to identify victims, after receiving the rescued persons, the provincial-level specialized health agencies shall request the provincial-level departments of Public Security to verify the victims; the time limit for victim verification and issuance of certificates must comply with Clauses 3 and 4, Article 27 of this Law.

2. After receiving the rescued persons, the provincial-level specialized health agencies shall provide support to them in accordance with Clause 5, Article 27 and Chapter V of this Law.

3. The Government shall detail this Article.”;

b) To amend and supplement Articles 30 and 31 as follows:

“Article 30. Receipt and verification of victims returning from abroad

1. The receipt, verification, and provision of support to victims returning from abroad through overseas Vietnamese representative missions shall be carried out as follows:

a) Overseas Vietnamese representative missions shall receive and process information and documents about the victims and coordinate with competent agencies of the Ministry of Public Security in verifying the victims’ identities, issuing necessary papers, and carrying out procedures for their repatriation;

b) Competent agencies of the Ministry of Public Security and the Ministry of National Defense shall receive the victims; carry out verification and issue one of the papers or documents certifying the victims as requested by the overseas Vietnamese representative missions as specified in Clause 3, Article 29 of this Law; provide support in terms of essential needs, interpretation, and healthcare in case of necessity; and immediately send the victims to provincial-level specialized health agencies of the localities where they have been received for the provision of support in accordance with Chapter V of this Law.

In case the victims wish to return to their places of residence, they may be provided with travel expense support. If they need health or psychological care or their places of residence have not yet been identified and they wish to stay, they shall be transferred to social relief establishments or victim support establishments.

For child victims, provincial-level specialized health agencies shall notify their relatives to come and receive them or assign personnel to bring them back to the residences of their relatives. In case the victims have no persons to rely on or there are grounds to believe that they may face danger when being brought back to the residences of their relatives, procedures shall be carried out to transfer them to social relief establishments or victim support establishments.

2. The receipt of persons returning to Vietnam under relevant bilateral international agreements on human trafficking prevention and combat shall be carried out in accordance with such agreements.

Receiving agencies shall carry out verification within the time limit specified in Clause 3, Article 27 and issue one of the papers or documents specified in Clause 1, Article 33 of this Law; provide support in terms of essential needs, healthcare, and interpretation in case of necessity; and immediately send the victims to provincial-level specialized health agencies of the localities where they have been received for the provision of support in accordance with Chapter V of this Law.

3. The Government shall detail this Article.

Article 31. Receipt, verification, rescue, and repatriation of foreigners trafficked in Vietnam

1. Upon receiving information and documents about foreigners trafficked in Vietnam that are exchanged by foreign competent agencies, international organizations, domestic agencies or organizations, or reported by individuals having knowledge of human trafficking cases, the receiving agencies or organizations shall immediately notify the provincial-level Department of Public Security of the locality where such foreigners are present for verification and rescue.

In case, through professional activities, foreigners showing signs of being trafficked in Vietnam are detected, or foreigners come to report themselves as victims of human trafficking, competent agencies, units, or persons in the People’s Public Security forces or the People’s Army shall carry out rescue and verification.

When there are sufficient grounds to determine that the rescued persons or those who report themselves are victims, the agencies having conducted the rescue or received the reports shall issue victim certification papers as prescribed in Clause 1, Article 33 of this Law prior to their transfer.

2. After receiving or rescuing foreigners, the competent agencies as specified in Clause 1 of this Article shall provide first aid or emergency aid to them if they suffer injuries or health harms; provide support in terms of essential needs and interpretation; and transfer them to provincial-level specialized health agencies of the localities where the receiving agencies are headquartered or where the victims have been rescued.

3. After receiving foreigners trafficked in Vietnam, provincial-level specialized health agencies shall provide support in accordance with Chapter V of this Law and notify provincial-level specialized agencies in charge of foreign affairs and immigration divisions of the provincial-level Departments of Public Security to carry out procedures for repatriating the victims to the countries of which they are citizens or permanent residents.

4. Upon receiving a diplomatic note from the Vietnam-based foreign representative mission of the country of which the victim is a citizen or permanent resident, expressing acceptance to receive the victim, enclosed with valid exit and entry documents issued to the victim, the competent agency of the Ministry of Foreign Affairs shall coordinate with the foreign counterpart on issues related to repatriation and then notify in writing and transfer the exit and entry documents of the victim to the competent agency of the Ministry of Public Security.

5. The competent agency of the Ministry of Public Security shall issue visas and temporary residence certificates to the victims, and notify the repatriation plans to the immigration divisions of the provincial-level Departments of Public Security, the provincial-level specialized health agencies of the localities where the victims are being kept, the Public Security offices at international airports or border guard posts at border gates from which the victims are expected to depart, the Vietnam-based foreign representative missions of the countries of which the victims are citizens or permanent residents, and relevant international organizations for coordination in the repatriation.

6. The provincial-level specialized health agencies of the localities where the victims are being kept shall direct social relief establishments or victim support establishments to bring the victims to the border gates and coordinate with relevant agencies in repatriating the victims.

7. The Government shall detail this Article.”;

c) To amend and supplement Point a, Clause 2, Article 33 as follows:

“a) Provincial-level Departments of Public Security as specified in Clause 4, Article 27 and Clause 1, Article 28 of this Law;”;

d) To amend and supplement Clause 4, Article 46 as follows:

“4. Provincial-level specialized health agencies shall provide support in terms of travel expenses, interpretation, healthcare, psychological assistance, general education and vocational training, counseling, job placement, initial hardship allowance, and loan assistance.”;

dd) To amend and supplement Article 53 as follows:

“Article 53. Responsibilities of the Ministry of Health

1. To promulgate according to its competence, or submit to competent authorities for promulgation, legal documents on policies on support for victims and persons undergoing verification to be regarded as victims.

2. To provide guidance on, manage, and inspect the provision of support to victims and persons undergoing verification to be regarded as victims.

3. To provide guidance on medical treatment and psychological support.

4. To receive information, reports, and denunciations on human trafficking via the national telephone hotline for human trafficking prevention and combat.

5. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, guiding health examination and treatment establishments in detecting, reporting, and providing information on cases showing signs of human trafficking, human body part trading, or agreements on trafficking in persons from the time they are still in fetuses.

6. To engage in international cooperation in human trafficking prevention and combat in accordance with its competence.”;

e) To replace the phrase “communes, wards and townships” with the phrase “communes, wards and special zones” in Clause 1, Article 22;

g) To remove the phrase “, inspection” from Clause 2, Article 55;

h) To annul Article 52.

4. To amend, supplement, replace, and annul a number of articles, clauses, and points of the Law on the People’s Public Security Forces No. 37/2018/QH14, which was amended and supplemented under Law No. 21/2023/QH15, Law No. 30/2023/QH15, Law No. 38/2024/QH15, and Law No. 52/2024/QH15, are provided as follows:

a) To amend and supplement Clauses 5, 6, and 7 of Article 16 as follows:

“5. To perform the management of national security protection and protection of state secrets; to assume the prime responsibility for performing the management of entry, exit, transit, and residence of foreigners in Vietnam; to manage the exit and entry of Vietnamese citizens in accordance with law; to control entry, exit, and transit at border gates in accordance with law; to assume the prime responsibility for managing and ensuring aviation security; to perform the tasks of protecting national security and ensuring social order and safety in border areas and border gates in accordance with law; to coordinate with the People’s Army, relevant agencies and local administrations in managing and protecting national borders, border gates, islands, sea areas, and airspace in accordance with law, treaties to which the Socialist Republic of Vietnam is a contracting party, and relevant international agreements.

6. To perform the management of cyber information safety and cyber security; to protect cyber security and prevent and combat cybercrimes in accordance with law.

7. To perform the management of criminal investigation and crime prevention and fighting. To assume the prime responsibility for performing the tasks of preventing and combating terrorism, riots, and resolving complicated circumstances on national security and social order and safety in accordance with law. To proactively prevent, detect, stop, and combat crimes and violations of law related to social order and safety, environmental protection, natural resources, and food safety related to the environment; to receive and settle denunciations and reports on crimes, and propose the initiation of criminal cases; to initiate and investigate criminal cases in accordance with law; to perform crime statistics; to identify causes and conditions giving rise to crimes and violations of law related to social order and safety and environmental protection and propose remedies; to carry out drug detoxification and post-detoxification management; and to educate law violators at their communities in accordance with law.”;

b) To amend and supplement Clause 10, Article 16 as follows:

“10. To perform the management of residence, the national population database, citizen identification database, judicial record database, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, supporting tools, fire prevention and fighting, and rescue and salvage in accordance with law; to issue and manage citizen identity cards and other personal papers; to perform the management of judicial records and provide public services in the issuance of judicial record certificates; to register, issue, and manage number plates of road motor vehicles; to perform the management of driving tests and the issuance of driving licenses; to carry out fire prevention and fighting and rescue and salvage activities; and to perform the security and order management of conditional business lines in accordance with law.”;

c) To amend and supplement Clause 1, Article 17 as follows:

“1. The organizational system of the People’s Public Security Forces is composed of:

a) The Ministry of Public Security;

b) Public Security departments of provinces and cities;

c) Public Security offices of communes, wards, and special zones;

d) Public Security units in special administrative-economic units.”;

d) To amend and supplement Clause 2, Article 18 as follows:

“2. The Minister of Public Security shall define the functions, tasks, powers, and organizational apparatus of the units attached to the Ministry, Public Security departments of provinces and centrally run cities, Public Security offices of communes, wards, and special zones, and the remaining units in the People’s Public Security Forces.”;

dd) To amend and supplement Points d and dd, Clause 1, Article 24 as follows:

“d) Division head; regiment commander;

dd) Team leader; head of the Public Security office of a commune, ward or special zone; battalion commander;”;

e) To add Clause 3a after Clause 3, Article 33 as follows:

“3a. The State shall allocate land from the land fund reserved for the development of social housing in accordance with the housing law and recover land in accordance with the land law for handover to the Ministry of Public Security, which shall act as the governing body to decide or approve investment guidelines and select investors to implement investment projects on construction of social housing in accordance with the housing law and other relevant laws, in conformity with the needs of the Ministry of Public Security.”;

g) To amend and supplement Clause 6, Article 38 as follows:

“6. Operation officers and specialized technical officers shall be entitled to land-related policies, housing allowances, and provision of official-duty housing; officers, non-commissioned officers, and men of the People’s Public Security Forces shall be entitled to social housing policies in accordance with law.”;

h) To replace the phrase “Public Security Departments of centrally run cities and provinces” with the phrase “provincial-level Public Security Departments” at Point c, Clause 1, Article 24;

i) To replace the phrase “National Defense and Security Committee” with the phrase “National Defense, Security and Foreign Affairs Committee” at Point b, Clause 1, Article 25;

k) To annul Clause 2, Article 17.

Article 3. Effect

This Law shall take effect from July 01, 2025.

Article 4. Transitional provisions

1. From July 01, 2025, this Law shall be implemented as follows:

a) The provisions of Article 1 of this Law shall be applied to the initiation of criminal proceedings, investigation, prosecution, trial, and enforcement of judgments for persons committing criminal acts from 00:00 on July 01, 2025;

b) The provisions beneficial to offenders in Articles 40, 63, 109, 110, 114, 194, 248, 250, 251, 353, 354 and 421 of the Penal Code No. 100/2015/QH13, as amended and supplemented under Law No. 12/2017/QH14 and Law No. 59/2024/QH15 (hereinafter referred to as “the Penal Code”), which are amended and supplemented in Clauses 1, 4, 5, 6, 7, 10, 18, 22, 23, and 29, Article 1 of this Law, and other provisions beneficial to offenders shall be applied also to criminal acts committed before 00:00 on July 01, 2025, that are detected or being investigated, prosecuted, or tried after this time point;

c) The provisions unfavorable to offenders in Articles 63, 192, 193, 194, 195, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 255, 317, 353, 354, 355, 356, 357, 358, and 359 of the Penal Code, which are amended and supplemented in Clauses 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, and 28, Article 1 of this Law, and other provisions unfavorable to offenders shall not apply to acts committed before 00:00 on July 01, 2025, that are detected or being investigated, prosecuted, or tried after this time point or to persons who are being considered for sentence reduction or criminal record expungement; in such cases, the corresponding provisions of legal documents on criminal matters that were effective before 00:00 on July 01, 2025, shall be applied, except for the cases prescribed in Clause 4 of this Article;

d) For acts that have been adjudicated under court judgments or decisions which took legal effect before 00:00 on July 01, 2025, such judgments or decisions shall not be subject to cassation protest based on the provisions of this Law that differ from the laws applied at the time of adjudication; in case the protest is based on other grounds or has been lodged before July 01, 2025, the cassation review shall comply with Points b and c of this Clause.

2. Death penalties imposed before July 01, 2025, on offenders of the crimes specified in Articles 109, 110, 114, 194, 250, 353, 354 and 421 of the Penal Code, or in the cases specified at Point c, Clause 3, Article 40 of the Penal Code, as amended and supplemented in Clause 1, Article 1 of this Law, which have not been executed, shall not be enforced and the Chief Justice of the Supreme People’s Court shall issue decisions to commute the death penalties to life imprisonment.

3. Death penalties imposed before July 01, 2025, on offenders of the crimes specified in Article 248 or Article 251 of the Penal Code, which have not been executed, shall not be enforced, and the Chief Justice of the Supreme People’s Court shall issue decisions to commute such death penalties to life imprisonment in the following cases:

a) The quantity or volume of narcotic substances as determined in the judgment for sentencing is equal to or less than the minimum quantity or volume specified in Clause 5, Article 248 or Clause 5, Article 251 of the Penal Code as amended and supplemented in Clause 18, Article 1 of this Law;

b) The quantity or volume of narcotic substances as determined in the judgment for sentencing exceeds the minimum quantity or volume specified in Clause 5, Article 248 or Clause 5, Article 251 of the Penal Code as amended and supplemented in Clause 18, Article 1 of this Law, and the offender is not the mastermind, ringleader, commander or does not have two or more aggravating circumstances.

4. For offenders of the crimes specified in Articles 353 and 354 of the Penal Code whose death penalties are commuted to life imprisonment under Clause 2 of this Article, the provisions of Point a, Clause 4, Article 1 of this Law shall still apply when considering sentence reduction.

5. For life imprisonment sentences imposed before July 01, 2025, on offenders of the crimes specified in Articles 353 and 354 of the Penal Code, the provisions of Point a, Clause 4, Article 1 of this Law shall not apply when considering sentence reduction.

6. Responsibilities for the implementation of this Law are as follows:

a) The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defense, the Supreme People’s Procuracy and relevant agencies in, reviewing cases of persons sentenced to death who are eligible for commutation to life imprisonment in accordance with Clauses 2 and 3 of this Article;

b) The Government, the Supreme People’s Court, and the Supreme People’s Procuracy shall, within the scope of their functions, tasks and powers, coordinate in reviewing relevant legal documents to promptly annul, amend, supplement or promulgate new documents or propose the National Assembly or the National Assembly Standing Committee to annul, amend, supplement or promulgate new legal documents in accordance with this Law.

________________________________________________

This Law was passed on June 25, 2025, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.

Chairman of the National Assembly
TRAN THANH MAN