Resolution No. 144/2016/QH13 dated June 29, 2016 of the National Assembly on stay of the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, Law No. 94/2015/QH13 on Custody and Temporary Detention, and addition of the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program

ORDER

On the promulgation of resolution of the National Assembly[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC
OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Resolution on stay of the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, Law No. 94/2015/QH13 on Custody and Temporary Detention, and addition of the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program,

which was adopted on June 29, 2016, by the XIII^thNational Assembly of the Socialist Republic of Vietnam.-

President of the Socialist Republic of Vietnam
TRAN DAI QUANG

RESOLUTION

On stay of the effective date of Penal Code
No. 100/2015/QH13, Criminal Procedure Code
No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies,
Law No. 94/2015/QH13 on Custody and Temporary Detention, and addition of the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program[2]

THE NATIONAL ASSEMBLY
OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

After considering Proposal No. 1152/TTr-UBTVQH13 of June 27, 2016 of, the National Assembly Standing Committee;

RESOLVES:

Article 1.

1. To add the draft Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 to the 2016 law- and ordinance-making program and submit it to the XIV^thNational Assembly at its 2^ndsession.

2. To stay the effective date of Penal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention from July 1, 2016, to the date the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 takes effect, except Points a and b, Clause 4 of this Article.

3. To continue to apply Penal Code No. 15/1999/QH10 (which was amended and supplemented under Law No. 37/2009/QH12), Criminal Procedure Code No. 19/2003/QH11, Ordinance No. 23/2004/PL-UBTVQH11 on Organization of Criminal Investigation (which was amended and supplemented under Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12), the Government’s Decree No. 89/1998/ND-CP, promulgating the Regulation on custody and temporary detention (which was amended and supplemented under the Government’s Decree No. 98/2002/ND-CP and Decree No. 09/2011/ND-CP) until the effective date of the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13.

4. From July 1, 2016:

a/ To implement the provisions favorable to offenders in Clause 3, Article 7 of Penal Code No. 100/2015/QH13, and at Point b, Clause 1, Article 1 of Resolution No. 109/2015/QH13, on implementation of the Penal Code; and to continue to apply Clause 2, Article 1 and other provisions favorable to offenders in Resolution No. 109/2015/QH13;

b/ To apply the provisions of Criminal Procedure Code No. 101/2015/QH13 to implement the provisions favorable to offenders under Penal Code No. 100/2015/QH13, and Resolution No. 109/2015/QH13 at Point a of this Clause;

c/ Other provisions of Resolution No. 109/2015/QH13 on implementation of the Penal Code and of Resolution No. 110/2015/QH13 on implementation of the Criminal Procedure Code, which specify the effective date of July 1, 2016, shall be stayed until the date the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13 takes effect.”

Article 2.

1. To assign the Supreme People’s Court to guide the implementation of Points a and b, Clause 4, Article 1 of this Resolution.

2. The National Assembly Standing Committee, Government, Supreme People’s Court, and Supreme People’s Procuracy shall, within the scope of their functions, tasks and powers, implement this Resolution.

Article 3.

This Resolution takes effect on June 30, 2016.

This Resolution was adopted on June 29, 2016, by the XIII^thNational Assembly of the Socialist Republic of Vietnam.-

Chairperson of the National Assembly
NGUYEN THI KIM NGAN