NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM dd) A person who commit a less serious crime for the first

person who commit a less serious crime for the first time may serve a community sentence
-------- Independence - Freedom - Happiness (mandatory supervision by family or an organization);
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e) People sentenced to imprisonment shall serve their sentences at prisons and must improve
No. 100/2015/QH13 Hanoi, November 27, 2015 themselves to become effective and productive citizens; commutation or conditional parole shall
be granted to people who satisfy conditions set out in this Code;
CRIMINAL CODE
g) People who have served their sentences are enabled to live and work honesty and fit into
Pursuant to Constitution of Socialist Republic of Vietnam; society; criminal records shall be expunged when all conditions are satisfied.
The National Assembly promulgates the Criminal Code. 2. With regard to corporate legal entities that commit criminal offences:
Part One a) Every criminal offence committed by a corporate legal entity must be discovered promptly
and dealt with quickly and fairly in compliance with law;
GENERAL PROVISIONS
Chapter I b) All corporate legal entities that commit criminal offences are equal before the law regardless
of type of business and economic sector;
BASIC CLAUSES
c) Criminal offences committed by deceitful methods; organized crimes, deliberate infliction of
Article 1. Objectives of the Criminal Code extremely serious consequences shall be strictly punished;
The Criminal Code is meant to protect Vietnam’s sovereignty and security; protect the socialism d) Leniency shall be showed towards corporate legal entities that are cooperative during the
regime, human rights, citizenship rights; protect the equality among ethnic groups; protect proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate
interests of the State; organize and protect the law; punish crimes; raise people’s awareness of consequences.
compliance with the law; prevent and fight crimes.
Article 4. Responsibility for prevention and fight against crimes
This Code provides for crimes and punishments.
1. Police authorities, the People’s Procuracies, People’s Courts, and other authorities concerned
Article 2. Basis of criminal liability shall perform their functions, duties and authority; provide guidance and assistance for other
1. No one who commits a criminal offence that is not regulated by the Criminal Code has to state agencies, organizations and individuals in prevention and fight against crimes, supervision
incur criminal liability. and education of criminals in the community.

2. No corporate legal entity that commits a criminal offence that is not regulated in Article 76 2. Organizations are responsible for raising the awareness of people under their management of
hereof has to incur criminal liability. protection and compliance with the law, respect for socialism rules; promptly take measures for
eliminate causes and conditions of crimes within their organizations.
Article 3. Rules for punishing crimes
3. Every citizen has the duty to participate in prevention and fight against crimes.
1. With regard to criminals:
Chapter II
a) Every crime committed by a person must be discovered promptly and dealt with quickly and
fairly in compliance with law; EFFECT OF THE CRIMINAL CODE
b) All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social Article 5. Effect of the Criminal Code on criminal offences committed within the territory
class, or social status; of the Socialist Republic of Vietnam

c) Instigation of crimes, masterminds, or obstinacy, gangster-like crimes, dangerous recidivism, 1. The Criminal Code applies to every criminal offence committed within the territory of the
abuse of positions or power to commit criminal offences shall be strictly punished; Socialist Republic of Vietnam.

d) Criminal offences committed by employment of deceitful methods; in an organized manner, in It also applies to criminal offences committed on sea-going vessels and airplanes having
a professional manner, or with intent to inflict extremely serious consequences shall be strictly Vietnamese nationality or operating in Vietnam’s exclusive economic zones or continental
punished. shelves, or consequences thereof.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; 2. Criminal liability of foreigners who commit criminal offences within the territory of Socialist
inform on accomplices; made reparation in an effort to atone for their crimes; express contrition; Republic of Vietnam and are granted diplomatic immunity according to Vietnam’s law or under
voluntarily compensate for damage they inflict; an international agreement to which Socialist Republic of Vietnam is a signatory or according to
international practice shall be dealt with in accordance with the international agreement or
practice. If the case is not set out in any international agreement or there is no such international Article 9. Classification of crimes
practice, their criminal liability shall be dealt with in a diplomatic manner.
Crimes defined in this Code are classified into four categories according to their nature and
Article 6. Effect of the Criminal Code on criminal offences committed outside the territory danger to society:
of the Socialist Republic of Vietnam 1. Less serious crime means a crime whose danger to society is not significant and for which the
1. Any Vietnamese citizen or Vietnamese corporate legal entity that commits an act outside the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 3
territory of Socialist Republic of Vietnam which is defined as a criminal offence by this Code years' imprisonment;
shall face criminal prosecution in Vietnam as prescribed by this Code. 2. Serious crime means a crime whose danger to society is significant and for which the
This clause also applies to stateless residents of Vietnam. maximum sentence of the bracket defined by this Code is from over 3 years' to 7 years'
2. Any foreigner or foreign corporate legal entity that commit a criminal offence outside the imprisonment;
territory of Socialist Republic of Vietnam shall face criminal prosecution as prescribed by this 3. Very serious crime means a crime whose danger to society is great and for which the
Code if such offence infringes the lawful rights and interests of Vietnamese citizens or interest of maximum sentence of the bracket defined by this Code is from over 7 years' to 15 years'
Socialist Republic of Vietnam or under a international agreement to which Vietnam is a imprisonment;
signatory. 4. Extremely serious crime means a crime whose danger to society is enormous and for which
3. Where a criminal offence or its consequence occurs on an airplane or sea-going vessel that the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years'
does not have Vietnamese nationality at sea or outside Vietnam's airspace, the offender shall face imprisonment, life imprisonment, or death.
criminal prosecution under an international agreement to which Vietnam is a signatory, if any. Article 10. Deliberate crimes
Article 7. Chronological effect of Criminal Code Cases of deliberate crimes:
1. A provision of law effective at the same time as the commitment of the criminal offence shall 1. The offender is aware of the danger to society of his/her act, foresees consequences of such
be applied to such criminal offence. act, and wants such consequences to occur;
2. A provision of law that provides for a new crime, a more severe sentence, a new aggravating
2. The offender is aware of the danger to society of his/her act, foresees consequences of such
factor or reduce the scope of suspended sentences, exemption from criminal liability, removal of act, and does not want such consequences to occur but still deliberately lets them occur.
criminal responsibility, exemption from sentence, commutation, or conviction expungement
which is less favorable shall not be applied to criminal offences committed before such provision Article 11. Involuntary crimes
of law comes into force. Cases of involuntary crimes:
3. A provision of law that removes a new crime, a sentence, a aggravating factor or provides for 1. The offender is aware of the danger to society of his/her act but believes that consequences
a less severe sentence, a new mitigating factor, or increase the scope of probation, exemption or would not occur or could be prevented;
conviction expungement of criminal liability, exemption from sentence, commutation,
conditional parole, or conviction expungement, and other provisions which is more favorable 2. The offender is not aware of the danger to society of his/her act though the consequences have
may be applied to criminal offences committed before such provisions of law comes into force. to be foreseen and could be foreseen.
Chapter III Article 12. Age of criminal responsibility
CRIMES 1. A person from 16 years of age and above shall bear criminal responsibility for every crime,
except for those otherwise prescribed by this Code.
Article 8. Definition of crime
2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for
1. A crime means an act that is dangerous for society and defined in Criminal Code, is
murder, deliberate infliction of bodily harm upon other people, raping, raping people under 16
committed by a person who has criminal capacity of corporate legal entity, whether deliberately
years of age, sexual abuse of people from 13 to under 16 years of age, robbery, kidnapping for
or involuntarily, infringes the sovereignty and territorial integrity of the nation, infringes the
ransom; very serious crimes, and extremely serious crimes defined in the following Articles:
political regime, economic regime, culture, national defense and security, social order and safety,
the lawful rights and interests of organizations, human rights, the lawful rights and interests of a) Article 143 (Sexual abuse); Article 150 (Human trafficking); Article 151 (Trafficking of
citizens, other aspects of socialist law, and leads to criminal prosecution as prescribed by this people under 16 years of age);
Code. b) Article 170 (Extortion); Article 171 (Snatching); Article 173 (Theft); Article 178 (Vandalism
2. An act showing signs of a crime but not remarkably dangerous for society is not a crime and or deliberate destruction of property);
shall be dealt with otherwise.
c) Article 248 (Illegal production of narcotic substances); Article 249 (Illegal storage of narcotic The act of inflicting damage in an urgent circumstance does not constitute a criminal offense.
substances; Article 250 (Illegal trafficking of narcotic substance; Article 251 (Illegal trading of
2. If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who
narcotic substances); Article 252 (Appropriation of narcotic substances);
inflicts such damage shall bear criminal responsibility.
d) Article 265 (Organization of illegal racing); Article 266 (Illegal racing); Chapter VI
dd) Article 285 (Producing, dealing in tools, equipment, software programs serving illegal SENTENCES
purposes); Article 286 (Spreading software programs harmful to computer networks,
telecommunications network, or electronic devices); Article 287 (Obstruction or disruption of Article 30. Definition of sentence
computer network, telecommunications network, or electronic devices); Article 289 (Illegal A sentence means the most severe coercive measure of the State specified in this Code, taken by
access to others' computer network, telecommunications network, or electronic devices); Article the Court against a person or corporate legal entity that commits a crime in order to deprive of or
290 (Appropriation of property by computer network, telecommunications network, or electronic limit their rights and/or interests.
devices);
Article 31. Purposes of sentences
e) Article 299 (Terrorism); Article 303 (Destruction of works, facilities, or vehicles important to
national security); Article 304 (Illegal fabrication, storage, trafficking, use, trading, or Sentences are meant not only for punishing people and corporate legal entities that commit
appropriation of military weapons or military equipment). criminal offences, but also raising awareness of compliance with law, preventing them from
committing other crimes, educating other people and corporate legal entities in compliance with
Article 13. Crimes committed under the influence of alcohol or other strong stimulants the law, prevention of and fight against crimes.
A person who has lost his/her awareness or control of his/her acts because of influence of alcohol Article 32. Sentences against criminals
or other strong stimulants still have to bear criminal responsibility.
1. Primary sentences:
Chapter IV
a) Warning;
CASES OF EXEMPTION FROM CRIMINAL RESPONSIBILITY
b) Fine;
Article 20. Unexpected events
c) Community sentence;
The person who commits an act that results in harmful consequences is exempt from criminal
responsibility if such consequences cannot be foreseen or have to be foreseen. d) Expulsion;
Article 21. Lack of criminal capacity dd) Determinate imprisonment;
A person who commits an act that is dangerous to society is suffering from a mental disease or e) Life imprisonment;
another disease that causes him/her to lose his/her awareness or control of his/her behaviors is g) Death sentence.
exempt from criminal responsibility.
2. Additional sentences:
Article 22. Justifiable force
a) Prohibition from holding certain positions or doing certain works;
1. Justifiable force in self-defense means the a person's use of force which is reasonably
necessary to defend against another person's infringement upon his/her legitimate rights or b) Prohibition from residence;
interests of himself/herself, other people, the State, organizations. c) Mandatory supervision;
The use of justifiable force does not constitute a criminal offence. d) Deprivation of certain citizenship rights;
2. Unjustified force in self-defense means the use of force which is more than reasonably dd) Confiscation of property;
necessary and not appropriate for the nature and danger to society posed by the infringement.
e) Fine if no administrative penalties are imposed;
The person who uses unjustified force in self-defense shall take criminal responsibility as
g) Expulsion if no administrative penalties are imposed.
prescribed by this Code.
3. The offender shall incur only one primary sentence for a crime committed and possibly one or
Article 23. Urgent circumstances
more additional sentences
1. An urgent circumstance is a circumstance in which there is no other way but an amount of
Article 33. Sentences against corporate legal entities committing crimes
damage has to be inflicted in order to prevent a greater damage to lawful rights and interests of
oneself, another person, the State, or an organization. 1. Primary sentences:
b) Fine; 3. While serving the sentence, the convict must fulfill certain duties according to regulations on
community sentence and part of his income (5% - 20%) shall be extracted to pay to state budget
b) Suspension of operation;
on a monthly basis. In special cases, the court might not require income deduction and specify
c) Permanent shutdown. the reason in the judgment.
2. Additional sentences: The income of a sentenced person who is doing his/her military service shall not be deducted.
a) Prohibition from operating in certain fields; 4. If the person sentenced to community sentence is unemployed or loses his/her job while
b) Prohibition from raising capital; serving the sentence, he/she must do works serving the community during the period of
community sentence.
c) Fine if no administrative penalties are imposed.
The duration of community serving must not exceeds 04 hours per day and 05 days per week.
3. The corporate legal entity shall incur only one primary sentence for a criminal offence
committed and possibly one or more additional sentences. This measure must not be applied to pregnant women, women raising children under 06 months
of age, old and weak people, people having fatal diseases, people having severe disabilities or
Article 34. Warning extremely severe disabilities.
Warning is imposed upon people who commit less serious crimes and have multiple mitigating People sentenced to community sentence must fulfill the duties specified in the Law on
factors but are not eligible for exemption from sentence. enforcement of criminal judgments.
Article 35. Fine Article 37. Expulsion
1. Fine is imposed as a primary sentence against: Expulsion means the act of forcing sentenced foreigners to leave the territory of Socialist
a) People who commit less serious crimes or serious crimes defined by this Code; Republic of Vietnam.
b) People who commit very serious crimes against the law on economics, environment, public Expulsion shall be imposed as a primary sentence or additional sentence on a case-by-case basis.
order, public safety, and other crimes defined by this Code. Article 38. Determinate imprisonment
2. Fine is imposed as an additional sentence against people committing crimes related to 1. Determinate imprisonment means forcing the convict to serve his/her sentence in a detention
corruption, drugs, or other crimes defined by this Code. facility over a certain period of time.
3. The fine level depends on the nature and level of danger of the crime with account taken of the The duration of determinate imprisonment imposed upon an offender is from 03 months to 20
offender's property, fluctuation of prices. Nevertheless, the fine must not fall under VND years.
1,000,000.
The duration of temporary detention shall be deducted from the imprisonment duration; 01 day
4. Fines imposed upon corporate legal entities committing crimes are specified in Article 77 of temporary detention equals (=) 01 day in prison.
hereof.
2. Determinate imprisonment shall not be imposed upon a person who commits a less serious
Article 36. Community sentence crime for the first time and has a fixed residence.
1. 6-month to 3-year community sentence shall be imposed upon people who commit less serious Article 39. Life imprisonment
crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not
have to be isolated from society. Life imprisonment is an indefinite imprisonment imposed upon people committing extremely
serious crimes but not punishable by death.
If the convict has been kept in temporary detention, the duration of temporary detention shall be
deducted from the duration of community sentence: 01 day of temporary detention equals (=) 03 Life imprisonment shall not be imposed upon offenders under 18 years of age (hereinafter
days of community sentence. referred to as juvenile offenders).
2. The person sentenced to community sentence shall be supervised and educated by the Article 40. Death sentence
organization or agency for which he/she works or the People’s Committee of the commune 1. Death sentence is a special sentence imposed upon people committing extremely serious
where he/she resides. The family of the convict has the responsibility to cooperate with such crimes that infringe national security, human life, drug-related crimes, corruption-related crimes,
agency or organization or the People’s Committee of the commune in supervising and educating and some other extremely serious crimes defined by this Code.
him/her.
2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or 1. Recidivism is a situation in which a person who has a previous conviction for the same
raising children under 36 months of age, and people from 75 years of age or older when they offence which has not been expunged deliberately commits a very serious crime or involuntarily
commit the crime or during trial. commits an extremely serious crime.
3. The life sentence shall not be executed in any of the following cases: 2. Dangerous recidivism is a situation in which:
a) The convict is pregnant or a woman raising a child under 36 months of age; a) A person who has a previous conviction for a deliberate very serious crime or extremely
b) The sentenced person is 75 years of age or older; serious crime which has not been expunged deliberately commits a very serious crime or an
extremely serious crime;
c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has
b) A person who repeated the same offence for which the conviction has not been expunged
returned at least one third of the property embezzled or bribes taken, closely cooperates with the
authorities in the process of investigation or trial, or has made reparation in an effort to atone for deliberately commits another criminal offence.
the crime. Section 2. DECISION ON SENTENCES IN PARTICULAR CASES
4. In the cases specified in Clause 3 of this Article or the death sentence is commuted, the death Article 54. Decision on a sentence below lower limit of the sentence bracket.
sentence shall be replaced with life imprisonment. 1. The Court may decide a sentence lighter than the lower limit of the current sentence bracket if
Chapter VII it is in the next lighter bracket provided the offender has at least two mitigating factors specified
JUDICIAL MEASURES in Clause 1 Article 51 hereof.
2. The Court may decide a sentence below the lower limit of the current sentence bracket and it
Article 46. Judicial measures
is not required to belong to the next lighter bracket provided the offender is an abettor with a
1. Judicial measures taken against a person committing a crime include: minor role in the offense and does not have prior criminal record.
a) Confiscation of money and items directly related to the crime; 3. If all of the conditions specified in Clause 1 or Clause 2 of this Article are satisfied but there is
b) Return, repair of property or provision of compensation; offering of public apology; only one sentence bracket, or the current sentence bracket is already most lenient, the Court may
switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be
c) Mandatory disease treatment. specified in the judgment.
2. Judicial measures taken against a corporate legal entity committing a crime include: Article 55. Decision on sentence for multiple crimes
a) Confiscation of money and items directly related to the crime; When a person is tried for multiple crimes, the Court shall decide the sentence for each of them
b) Return, repair of property or provision of compensation; offering of public apology; and combined sentence as follows:
c) Restoration of original state; 1. Primary sentence:
d) Implementation of other measures for mitigation and prevention of consequences. a) If all of the sentences imposed are community sentence or determinate imprisonment, they
shall be combined. The combined sentence shall not exceed 03 years for community sentence
Chapter VIII and 30 years for determinate imprisonment;
DECISION ON SENTENCES b) If the sentences imposed include community sentence and determinate imprisonment,
Section 1. GENERAL PROVISIONS community sentence shall be converted into imprisonment. 03 days' community sentence equals
(=) 01 day's imprisonment.
Article 50. Basis for decision on sentences
c) If the most severe sentence among the sentences imposed is life imprisonment, the combined
1. The Court shall issue the decision on sentences pursuant to this Code and in consideration of
sentence shall be life imprisonment;
the nature and danger of the crime to society, record of the offender, mitigating factors, and
aggravating factors. d) If the most severe sentence among the sentences imposed is death sentence, the combined
sentence shall be death sentence;
2. When imposing a fine, apart from the basis specified in Clause 1 of this Article, the Court
shall also consider the offender's property and ability to pay the fine. dd) Fines shall be aggregated and shall not be combined with other sentences;
Article 53. Recidivism and dangerous recividism0} e) Expulsion shall not be combined with other sentences;
2. Additional sentence:
a) If all of the sentences imposed are of the same type, the combined sentence shall not exceed Article 61. Non-application of time limit for sentence execution
the limit imposed by this Code; fines shall be aggregated;
There are no time limits for execution of sentences for the crimes specified in Chapter XIII and
b) If the sentences imposed are of various types, the convict must serve all of them. Chapter XXVI hereof.
Article 56. Combination of sentences of multiple judgments Article 62. Exemption from serving sentences
1. If a person who is serving a sentence is tried for a crime committed before such sentence is 1. A convict shall be exempt from serving his/her sentence in the event of a parole or general
imposed, the Court shall decide the sentence for the crime being tried, and then the combined amnesty.
sentence as prescribed in Article 55 hereof.
2. The Court, at the request of Director of the Procuracy, might exempt a person who is
The duration of the previous sentence shall be deducted from that of the combined sentence. sentenced to community sentence or imprisonment of up to 03 years and has not served that
2. When a person who is serving a sentence is tried for a new crime, the Court shall decide the sentence from serving the sentence in any of the following cases:
sentence for the new crime, then aggregate it with the unserved part of the sentence to make the a) The convict has made reparation in an effort to atone for the crime after being convicted;
combined sentence as prescribed in Article 55 hereof. b) The convict has a fatal disease;
3. If a person is serving multiple sentences that are not combined, the executive judge of the
c) The convict abides by law, his/her family is facing extreme hardship, and he/she is considered
Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of
no longer dangerous to society.
this Article.
3. The Court, at the request of Director of the Procuracy, might exempt a person who is
Article 59. Exemption from punishment
sentenced to imprisonment of over 03 years and has not served that sentence from serving the
The offender might be exempt from punishment in the cases specified in Clause 1 and Clause 2 sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease
Article 54 hereof, provided he/she deserves the leniency but not to a degree eligible for and considered no longer dangerous to society.
exemption from criminal responsibility. 4. If a person who is sentenced to imprisonment of up to 03 years, has had the sentence
Chapter IX suspended, and has made reparation in an effort to atone for the crime during the suspension
TIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM SERVING period or abides by law, or his/her family is facing extreme hardship, and he/she is deemed no
SENTENCES, REDUCTION OF SENTENCE DURATION longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt
him/her from serving the rest of the sentence.
Article 60. Time limit for judgment execution
5. If a fined person has served part of the sentence and is facing prolonged financial hardship due
1. The time limit for execution of a criminal judgment means a limited period of time defined by to a natural disaster, conflagration, accident, or disease and thus no longer able to pay the
this Code after which the convicted person or corporate legal entity is no longer required to serve remaining fine, or has made reparation in an effort to atone for the crime, the Court, at the
the given sentence. request of Director of the Procuracy, might exempt him/her from paying the remaining fine.
2. Time limits for execution of a sentence imposed upon a person: 6. If a person prohibited from residence or kept under mandatory supervision has served at least
a) 05 years if the sentence is a fine, community sentence, or imprisonment of 03 years or shorter; half the sentence and shows remarkable improvements, the Court, at the request of the criminal
sentence execution authority of the district where he/she serves the sentence, might exempt
b) 10 years if the sentence is imprisonment of from over 03 years to 15 years; him/her from serving the rest of the sentence.
c) 15 years if the sentence is imprisonment of from over 15 years to 30 years; 7. The person exempt from serving a sentence as set out in this Article must fulfill the civil
d) 20 years if the sentence is life imprisonment or death. obligations specified in the judgment.
3. Time limits for execution of a sentence imposed upon a corporate legal entity is 05 years. Article 63. Commutation of sentence
4. The time limit for execution of a sentence begins from its effective date. Within the time limit 1. If a person who is sentenced to community sentence, determinate imprisonment, or life
set out in Clause 2 and Clause 3 of this Article, if the convicted person or corporate legal entity imprisonment has served the sentence for a sufficient period of time, shows improvements, and
commits a new crime, the time limit will be reset and begins from the day on which the new has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence
crime is committed. execution authority, might issue a decision on commutation of the sentence.
5. During the time limit set out in Clause 2 of this Article, if the convicted deliberately avoid and The convict must serve the sentence for a sufficient period of time which is one third of the
has a wanted decision, the time limit will begin when he/she turns himself/herself in or gets duration of community sentence or determinate imprisonment, or 12 years of the life sentence.
arrested.
2. A person might receive more than one commutation. Nevertheless, at least half of the sentence Court shall force him/her to serve a combined sentence of the suspended sentenced and the new
must be served. sentence as prescribed in Article 56 hereof.
The first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life Chapter XI
sentence must be served for at least 20 years in reality regardless of the number of REGULATIONS APPLIED TO COMMERCIAL LEGAL ENTITIES COMMITTING
commutations.
CRIMINAL OFFENCES
3. If a person is convicted of multiple crimes and the sentence for one of which is life Article 74. Application of Criminal Code to corporate legal entities committing criminal
imprisonment, the Court may only give the first commutation to 30-year imprisonment after the offences
convict has served the sentence for 15 years. Nevertheless, he/she must serve the sentence for at
least 25 years in reality regardless of the number of commutations. A corporate legal entity shall bear criminal responsibility according to this Chapter, other
regulations of Part One hereof that do not contravene this Chapter.
4. If a person who has received a commutation commits a new crime that is less serious, the
Court may only give the first commutation after he/she has served haft of the combined sentence. Article 75. Conditions for a corporate legal entity to bear criminal responsibility
5. If a person who has received a commutation commits a new crime that is serious, very serious, 1. A corporate legal entity shall only bear criminal responsibility if all of the following
or extremely serious, the Court may only give the first commutation after he/she has served two conditions are satisfied:
thirds of the combined sentence. If the combined sentence is life, commutation shall be a) The criminal offence is committed in the name of the corporate legal entity;
considered in accordance with Clause 3 of this Article.
b) The criminal offence is committed in the interests of the corporate legal entity;
6. With regard a person who is sentenced to death and receives a commutation, or a person
sentenced to death in the case specified in Point b or Point c Clause 3 Article 40 hereof, the first c) The criminal offence is under instructions or approval of the corporate legal entity;
commutation may only be given after the convict has served the sentence for 25 years. d) The time limit for criminal prosecution specified in Clause 2 and Clause 3 Article 27 hereof
Nevertheless, he/she must serve the sentence for at least 30 years in reality. has not expired.
Article 64. Commutation under special circumstances 2. The fact that corporate legal entity has criminal responsibility does not exempt criminal
If the convict deserves further leniency (he/she has made reparation in an effort to atone for the responsibility of individuals.
crime, is too old and weak, or has a fatal disease), the Court may consider giving a commutation Article 76. Scope of criminal responsibility of a corporate legal entity
sooner or at a greater degree than those set out in Article 63 hereof.
A corporate legal entity shall only bear criminal responsibility for the following criminal
Article 65. Probation offences:
1. Where a person is sentenced to imprisonment of up to 03 years, in consideration of the 1. Article 188 (Smuggling); Article 189 (Illegal trafficking of goods or money across the border);
offender's records and mitigating factors, the Court might give probation of 1 - 5 years and Article 190 (Manufacture or trading of banned commodities); Article 191 (Storage or transport
request the convict to fulfill certain obligations during this period in accordance with the Law on of banned commodities); Article 192 (manufacture or trading of counterfeit foods, foodstuff, or
criminal sentence execution if imprisonment is deem unnecessary. food additives); Article 194 (Manufacture of trading of counterfeit medicines for treatment or
2. During the probation period, the person put on probation shall be supervised and educated by prevention of diseases); Article 195 (Manufacture or trading of counterfeit animal feeds,
the organization or agency for which he/she works or the local authority. The family of the fertilizers, veterinary medicine, pesticides, plant varieties, animal breeds); Article 196
convict has the responsibility to cooperate with such agency or organization or the local authority (Hoarding); Article 200 (Tax evasion); Article 203 (Illegal printing, issuance, trading of invoices
in supervising and educating him/her. or receipts); Article 209 (Deliberate publishing of false information or concealment of
information in securities activities); Article 210 (Use of internal information to deal in
3. The court may impose additional sentences upon the person put on probation if provided for securities); Article 211 (Cornering the stock market); Article 213 (Commitment of frauds in
by the applied provision of law. insurance business); Article 216 (Evasion of social insurance, health insurance, unemployment
4. After the person put on probation has served half the duration of the probation and shows insurance payment for employees); Article 217 (Violations against regulations on competition);
improvements, at the request of the supervising agency/organization, the Court shall consider Article 225 (Infringement of copyrights and relevant rights); Article 226 (Infringement of
reducing the probation period. industrial property rights); Article 227 (violations against regulations on survey, exploration and
extraction of natural resources); Article 232 (Violations against regulations on forest extraction
5. During the probation period, if the convict deliberately fails to fulfill his/her obligations twice
and protection); Article 234 (Violations against regulations on management and protection of
or more as prescribed by the Law on criminal sentence execution, the Court might require
wild animals);
him/her to serve the suspended imprisonment sentence. If the convict commits a new crime, the
2. Article 235 (Causing environmental pollution); Article 237 (Violations against regulations on Actions taken against juvenile offenders depend on their ages, awareness of their criminal acts,
environmental emergency prevention, response, and relief); Article 238 (Violations against reasons, and circumstances in which the criminal offences are committed.
regulations on protection of irrigation works, embankments, and works for protection against
2. A juvenile offender who commits a criminal offence in any of the following cases and has
natural disasters; Violations against regulations on protection of river banks); Article 239 (Import more than one mitigating factors, voluntarily repairs the most part of the damage caused may be
of wastes into Vietnam’s territory); Article 22 (Destruction of aquatic resources); Article 243 exempt from criminal responsibility and the measures specified in Section 2 of this Chapter,
(Forest destruction); Article 244 (Violations against regulations on management and protection provided it is not the case specified in Article 29 hereof:
of endangered, rare animals); Article 245 (Violations against regulations on management of
wildlife sanctuaries); Article 246 (Import and spread of invasive alien species). a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for
the cases specified in Article 134 (deliberate infliction of bodily harm upon another person);
Article 77. Fine Article 141 (Rape); Article 171 (Snatching); Article 248 (Illegal manufacture of narcotic
1. Fine is imposed as a primary punishment or additional punishment against corporate legal substances); Article 249 (Illegal storage of narcotic substances); Article 250 (Illegal trafficking
entities committing criminal offences. of narcotic substances); Article 251 (Illegal dealing in narcotic substances); Article 252
2. The fine level depends on the nature and level of danger of the criminal offence with account (Appropriation of narcotic substances) hereof;
taken of the offender's financial capacity and fluctuation of prices. Nevertheless, the fine must b) A person aged from 14 to under 16 deliberately commits a very serious crime or serious crime
not fall under VND 50,000,000. specified in Clause 2 Article 12 hereof, except for the cases specified in Article 134 (homicide);
Article 78. Suspension of operation Article 134, Clause 4 through 6 (Deliberate infliction of bodily harm upon another person);
Article 141 (Rape); Article 142 (Rape of a person aged under 16); Article 144 (Non-consensual
1. Suspension of operation means suspension of a corporate legal entity's activities in one or intercourse with a person aged from 13 to under 16); Article 150 (Human trafficking); Article
some fields in which the corporate legal entity harms human life, health, the environment, social 151 (Trafficking of a person aged under 16); Article 168 (Robbery); Article 171 (Snatching);
security or order, and the damage can be repaired in reality. Article 248 (Illegal manufacture of narcotic substances); Article 249 (Illegal storage of narcotic
2. The suspension period is from 06 months to 03 years. substances); Article 250 (Illegal trafficking of narcotic substances); Article 251 (Illegal dealing
in narcotic substances); Article 252 (Appropriation of narcotic substances) hereof;
Article 79. Permanent shutdown
c) The juvenile offender is an accomplice who has a minor role in the commitment of the
1. Permanent shutdown means termination of a corporate legal entity's activities in one or some criminal offence.
fields in which the corporate legal entity causes damage or possibly harms life, health of many
people, causes environmental emergencies, or negatively impact social security or order, and the 3. Criminal prosecution against a juvenile offender shall only be initiated if necessary with
damage cannot be repaired. account taken of his/her record, the danger to society of his/her offence, and requirements for
crime prevention.
2. A corporate legal entity is established for the sole purpose of committing the criminal offence
shall have all of its activities permanently terminated. 4. At the trial, the court shall only impose a sentence upon a juvenile offender if it is considered
that the exemption of criminal responsibility and application any of the measures specified in
Chapter XII Section 2 or compulsory education in a correctional institution specified in Section 3 of this
REGULATIONS APPLIED TO JUVENILE OFFENDERS Chapter do not have sufficient educational and deterrent effects.
Section 1. GENERAL REGULATIONS ON CRIMINAL PROSECUTION AGAINST 5. Life imprisonment and death sentence shall not be imposed upon a juvenile offender.
JUVENILE OFFENDERS 6. The court shall only impose imprisonment upon a juvenile offender if it is considered that
Article 90. Application of Criminal Code to juvenile offenders other punishments and educational measures do not have sufficient deterrent effects.
A person aged from 14 to under 18 who commits a criminal offence shall take criminal Where imprisonment is necessary, it shall be as short as is reasonable and more lenient that than
responsibility in accordance with this Chapter, other regulations of Part One hereof that do not applied to a person aged 18 and above (hereinafter referred to as adult offender) who commits a
contravene this Chapter. similar crime.
Article 91. Rules for taking actions against juvenile offenders Additional punishments shall not be shall not be imposed upon a juvenile offender.
1. Actions against juvenile offenders must be taken in their best interests and for the purpose of 7. A sentence imposed upon an offender aged under 16 shall not be used as the basis for
education, helping them to rectify their wrongdoing, develop healthily, and become a helpful determination of recidivism or dangerous recidivism.
citizen. Section 2. SUPERVISORY AND EDUCATIONAL MEASURES IN CASE OF
EXEMPTION FROM CRIMINAL RESPONSIBILITY
Article 92. Conditions b) An offender aged from 16 to under 18 commits a less serious crime or serious crime specified
in Point a Clause 2 Article 91 hereof;
The investigating authority, the Procuracy, or the court shall only grant exemption of criminal
responsibility and issue reprimand, call for reconciliation, or implement compulsory educational b) An offender aged from 14 to under 16 commits a very serious crime specified in Point b
measures in the community if the juvenile offender or his/her legal representative accepts one of Clause 2 Article 91 hereof.
such measures.
2. The subject to supervisory and educational measures has the obligations to:
Article 93. Reprimand a) Fulfill his/her study and work duties;
1. A reprimand shall be issued against a juvenile offender in the following cases in order to help
b) Be supervised and educated by his/her family and commune government;
him/her be aware of his/her criminal act and it consequences for the community, society, and
his/her obligations: c) Not leave the commune without permission;
a) An offender aged from 16 to under 18 commits a less serious crime for the first time; d) Fulfill the obligations specified in Clause 3 Article 93 hereof.
b) An offender aged under 18 is an accomplice who has an insignificant role in the commitment 3. If the person subject to educational measures has served one half of the duration and shows
of the crime. remarkable improvements, the agency that imposes the measures may terminate the measures at
the request of the People’s Committee of the commune.
2. The investigating authority, the Procuracy, or the court shall decide the issuance of reprimand.
The issuance of a reprimand against a juvenile offender must be witnessed by his/her parent or Section 3. COMPULSORY EDUCATION IN CORRECTIONAL INSTITUTIONS
legal representative. Article 96. Education in correctional institutions
3. The reprimanded person has the obligations to: 1. The court may subject a juvenile offender to compulsory education in correctional institutions
a) Comply with the law, rules of his/her community, school, and workplace; for 01 - 02 years if the criminal act is considered serious or the measure is necessary because of
his/her record or living environment.
b) Report for duty at the request of a competent authority;
2. The person sent to a correctional institution must fulfill his/her study and work duties under
c) Participate in educational programs and vocational training programs held by the local the supervision of the institution.
government; do appropriate jobs.
Article 97. Early termination of education in correctional institutions
4. The competent authority shall decide the time limit for fulfilling the obligations specified in
Point b and Point c Clause 3 of this Article on a case-by-case basis, which is from 03 months to If the person subject to educational measures has served one half of the duration and shows
01 year. remarkable improvements, the court may terminate the measures at the request of the institution.
Article 94. Reconciliation Section 4. PUNISHMENTS
1. Reconciliation shall be applied to a juvenile offender in the following cases: Article 98. Punishments imposed upon juvenile offenders
a) An offender aged from 16 to under 18 commits a less serious crime or serious crime; A juvenile offender shall face one of the following punishments for each criminal offence
committed:
b) An offender aged from 14 to under 16 commits a very serious crime specified in Point b
Clause 2 Article 91 hereof. 1. Warning;
2. The investigating authority, the Procuracy, or the court shall cooperate with the People’s 2. Fine;
Committee of the commune to organize the reconciliation when the victim or his/her legal 3. Community sentence;
representative voluntarily seek reconciliation and request exemption of criminal responsibility.
4. Imprisonment.
3. The person subject to reconciliation has the obligations to:
Article 99. Fine
a) Offer the victim apologies and pay damages;
A fine shall be imposed as an administrative penalty upon an offender aged from 16 to under 18
b) Fulfill the obligations specified in Clause 3 Article 93 hereof. if he/she has income or private property.
Article 95. Compulsory educational measures in the commune The fine incurred by an offender aged from 16 to under 18 shall not exceed one half of the fine
1. The investigating authority, the Procuracy, or the court may apply education in the commune specified by the law.
for 01 to 02 years to a juvenile offender in the following cases: Article 100. Community sentence
1. Community sentence shall be imposed upon an offender aged from 16 to under 18 who Article 110. Espionage
involuntarily commits a less serious crime, serious crime, or very serious crime, or an offender
1. A person who commits any of the acts below shall face a penalty of 12 - 20 years'
aged from 14 to under 16 who deliberately commits a very serious crime.
imprisonment, life imprisonment, or death:
2. When community sentence is imposed upon a juvenile offender, his/her income must not be a) Espionage, sabotage, or establishment of facilities serving espionage against Socialist
deducted.
Republic of Vietnam;
The duration of community sentence imposed upon a juvenile offender shall not exceed one third b) Establishment of facilities serving espionage or sabotage under the direction of foreign
of the duration specified by the law. entities; spying, informing, concealing, guiding, or other acts that assist foreigners in espionage
Article 101. Determinate imprisonment or sabotage;
1. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the c) Providing or collecting to provide classified information for foreign entities; collecting,
heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed 18 years; providing other information and/or documents serving foreign entities' activities against Socialist
If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon Republic of Vietnam.
an offender aged from 16 to under 18 shall not exceed three quarters of the duration prescribed
2. A less serious case of this offence shall carry a penalty of 05 - 15 years' imprisonment.
by law;
3. Any person who makes preparation for the commitment of this criminal offence shall face a
2. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the
penalty of 01 - 05 years' imprisonment.
heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years;
If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon 4. A person who operates as a spy fails to accomplish his/her missions, and turns himself/herself
an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by law. in shall be exempt from criminal responsibility for this offence.
Part Two Article 111. Infringement upon territory
CRIMINAL OFFENCES Any person who infringes upon Vietnam's territory, distorts the national border, or commits any
other act for the purpose of infringing the territory of Socialist Republic of Vietnam shall face
Chapter XIII
the following penalties:
OFFENCES AGAINST NATIONAL SECURITY 1. The organizer or person whose activities cause serious consequences shall face a penalty of 12
Article 108. High treason - 20 years' imprisonment or life imprisonment;
1. Any Vietnamese citizen who colludes with foreign entities in infringing the independence, 2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;
sovereignty, and territorial integrity of Vietnam, the socialism regime, and the State of Socialist
3. Any person who makes preparation for the commitment of this criminal offence shall face a
Republic of Vietnam, its national defense and security shall face a penalty of 12 - 20 years'
penalty of 01 - 05 years' imprisonment.
imprisonment, life imprisonment, or death.
Article 112. Rebellion
2. If the offence involves multiple mitigating factors, imprisonment duration shall be 07 - 15
years. Any person who engages in armed activities or use violence act against the people's government
shall face the following penalties:
3. Any person who makes preparation for the commitment of this criminal offence shall face a
penalty of 01 - 05 years' imprisonment. 1. The organizer or person whose activities cause serious consequences shall face a penalty of 12
- 20 years' imprisonment, life imprisonment, or death;
Article 109. Activities against the people's government
2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;
Any person who establishes or joins an organization that acts against the people's government
shall face the following sentences: 3. Any person who makes preparation for the commitment of this criminal offence shall face a
penalty of 01 - 05 years' imprisonment.
1. The organizer, instigator, or person whose activities cause serious consequences shall face a
penalty of 12 - 20 years' imprisonment, life imprisonment, or death; Article 113. Terrorism to oppose the people's government
2. Any accomplice shall face a penalty of 05 - 12 years' imprisonment; 1. Any person who, for the purpose of opposing the people's government, infringes upon life of
officials or other people shall face a penalty of 12 - 20 years' imprisonment, life imprisonment,
3. Any person who makes preparation for the commitment of this criminal offence shall face a
or death.
penalty of 01 - 05 years' imprisonment.
2. The following offences carry 10 - 15 years' imprisonment:
a) Establishing, joining a terrorist organization or an organization sponsoring terrorism; 3. Any person who makes preparation for the commitment of this offence shall face a penalty of
06 - 36 months' imprisonment.
b) Forcing, persuading other people to participate in terrorism; recruiting, training terrorists;
manufacturing, providing weapons for terrorists; Article 117. Making, storing, spreading information, materials, items for the purpose of
c) Infringing upon bodily integrity, health of officials or other people. opposing the State of Socialist Republic of Vietnam

3. An offence that involves death threats or mental intimidation shall carry a penalty of 5 - 10 1. Any person, for the purpose of opposing the State of Socialist Republic of Vietnam, commits
years' imprisonment. any of the following acts shall face a penalty of 05 - 12 years' imprisonment:
a) Making, storing, spreading information, materials, items whose that contains distorted
4. Terrorist acts against foreign organizations, individuals, or international organizations for the
information about the people's government;
purpose of destroying the Vietnam's international relationship also carry the penalties specified
in this Article. b) Making, storing, spreading information, materials, items whose that contains fabricated
information to cause dismay among the people;
5. Any person who makes preparation for the commitment of this criminal offence shall face a
penalty of 01 - 05 years' imprisonment. b) Making, storing, spreading information, materials, items to cause psychological warfare.
Article 114. Sabotaging facilities of Socialist Republic of Vietnam; 2. An extremely serious case of this offence shall carry a penalty of 10 - 20 years' imprisonment.
1. Any person who, for the purpose of opposing the people's government, sabotages political, 3. Any person who makes preparation for the commitment of this criminal offence shall face a
national defense, national security, economic, scientific, technological, cultural, or social penalty of 01 - 05 years' imprisonment.
facilities of Socialist Republic of shall face a penalty of 12 - 20 years' imprisonment, life
Article 118. Disruption of security
imprisonment, or death.
1. Any person who, for the purpose of opposing the people's government, incites, persuades,
2. A less serious case of this offence shall carry a penalty of 05 - 15 years' imprisonment. gathers other people to disrupt security, resists law enforcement officers in the performance of
3. Any person who makes preparation for the commitment of this criminal offence shall face a their duties, obstruct the operation of agencies or organizations shall face a penalty of 05 - 15
penalty of 01 - 05 years' imprisonment. years' imprisonment, except for the cases specified in Article 112 hereof.
Article 115. Sabotaging implementation of socio-economic policies 2. Any accomplice shall face a penalty of 02 - 07 years' imprisonment.
1. Any person who, for the purpose of opposing the people's government, sabotages the 3. Any person who makes preparation for the commitment of this offence shall face a penalty of
implementation of socio-economic policies shall face a penalty of 07 - 15 years' imprisonment. 06 - 36 months'' imprisonment.
2. A less serious case of this offence shall carry a penalty of 03 - 07 years' imprisonment. Article 119. Disruption of detention facilities
3. Any person who makes preparation for the commitment of this offence shall face a penalty of 1. Any person who, for the purpose of opposing the people's government, causes disruption at a
06 - 36 months'' imprisonment. detention facility, assisting other people to escape from a detention facility, replace a detained or
escorted person, or escapes from a detention facility shall face a penalty of 10 - 20 years'
Article 116. Sabotaging implementation of solidarity policies
imprisonment or life imprisonment.
1. Any person, for the purpose of opposing the people's government, commits any of the
2. A less serious case of this offence shall carry a penalty of 03 - 10 years' imprisonment.
following acts shall face a penalty of 07 - 15 years' imprisonment:
a) Sowing divisions between the classes of people, between the people and people's government, 3. Any person who makes preparation for the commitment of this offence shall face a penalty of
the people’s armed forces, or socio-political organizations; 01 - 05 years' imprisonment.
Article 120. Organizing, coercing, instigating illegal emigration for the purpose of opposing
b) Causing hostility, discrimination, secession, infringement upon equality rights among the
ethnic communities of Vietnam; the people's government
1. Any person who, for the purpose of opposing the people's government, assists, forces, or
c) Sowing division between religion followers and non-followers, between religions, between
persuades other people to emigrate illegally shall face a penalty of 05 - 15 years' imprisonment.
religion followers and people's government or socio-political organizations;
d) Sabotaging the implementation of international solidarity policies. 2. An extremely serious case of this offence shall carry a penalty of 12 - 20 years' imprisonment
or life imprisonment.
2. A less serious case of this offence shall carry a penalty of 02 - 07 years' imprisonment.
3. Any person who makes preparation for the commitment of this offence shall face a penalty of
01 - 05 years' imprisonment.
Article 121. Illegal emigration for the purpose of opposing the people's government 3. Any person who makes preparation for the commitment of this offence shall face a penalty of
01 - 05 years' imprisonment.
1. Any person who, for the purpose of opposing the people's government, emigrates illegally
shall face a penalty of 03 - 12 years' imprisonment. 4. The offender might be forbidden from practicing his/her profession or doing certain jobs for
2. An extremely serious case of this offence shall carry a penalty of 12 - 20 years' imprisonment. 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

3. Any person who makes preparation for the commitment of this offence shall face a penalty of Article 124. Murder or abandoning of a newborn child
01 - 05 years' imprisonment. 1. A mother who kills her own newborn child under the impact of obsolete belief or in a special
objective circumstance shall face a penalty of 06 - 36 months' imprisonment.
Article 122. Additional punishment
A person who commits an offence specified in this Chapter may have some of his/her citizenship 2. A mother who, under the impact of obsolete belief or in a special and objective circumstance,
rights deprived of, be put under mandatory supervision, be prohibited from residence for 01 - 05 abandons her own newborn child within the first 07 days shall face a penalty of up to 02 years'
community sentence or 03 - 24 months' imprisonment if such abandonment results in the death
years, or have all or part of his/her property confiscated.
of the child.
Chapter XIV
Article 125. Voluntary manslaughter in the heat of passion
OFFENCES AGAINST THE PERSON AND REPUTATION
1. Anyone who commits voluntary manslaughter in the heat of passion under a circumstance
Article 123. Murder provoked by the victim's serious illegal actions against the murderer or the murderer's family
1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life members shall face a penalty of 06 - 36 months' imprisonment.
imprisonment, or death: 2. The murder of 02 or more people under provocation shall carry a penalty of 03 - 07 years'
a) Murder of 02 or more people; imprisonment.

b) Murder of a person aged under 16; Article 128. Involuntary manslaughter

c) Murder of a woman with the full knowledge of her pregnancy; 1. A person who commits an involuntary manslaughter shall face a penalty of up to 03 years'
community sentence or 01 - 5 years' imprisonment.
d) Murder of a law enforcement officer in performance of his/her official duties or murder of a
person because of his/her official duties; 2. The murder of 02 or more people in this case shall carry a penalty of 03 - 10 years'
imprisonment.
dd) Murder of the murderer's grandparent, parent, caregiver, or teacher;
Article 129. Involuntary manslaughter due to misconduct in professional practice or
e) Murder committed right before or after committing a very serious crime or extremely serious administrative rules
crime;
1. A person who commits an involuntary murder because of misconduct in professional practice
g) Murder for the commission or concealment of another crime; or administrative rules shall face a penalty of 01 - 05 years' imprisonment.
g) Murder for taking the victim's body parts; 2. The murder of 02 or more people in this case shall carry a penalty of 05 - 12 years'
i) Brutal murder; imprisonment.
k) Murder by taking advantage of the murderer's profession; 3. The offender might be forbidden from practicing his/her profession or doing certain jobs for
01 - 05 years.
l) Murder using a method capable of killing many people;
Article 130. Coercing suicide
m) Contract killing;
1. Any person who cruelly treats, frequently oppresses, abuses, or humiliates his/her care-
n) Murder of a gangster-like nature; dependent to such an extent that the care-dependent commits suicide shall face a penalty of 02 -
o) Organized murder; 07 years' imprisonment.
p) Dangerous recidivism; 2. This offence committed in any of the following cases shall carry a penalty of 05 - 12 years'
imprisonment:
q) Murder from despicable motives.
a) The offence is committed against 02 or more people;
2. Murder in cases other than those specified in Clause 1 of this Article carry a penalty of 07 - 15
years' imprisonment.
b) The offence is committed against a person aged under 16 or a woman with the full knowledge a) The offence results in the death of 02 or more people;
of her pregnancy.
b) The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61%
Article 134. Deliberate infliction of bodily harm upon another person physical disability;
1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% c) The offence results in ≥ 61% physical disability in the victim's face;
physical disability or not exceeding 11% physical disability in any of the following cases shall 7. Any person who makes preparation for the commitment of this offence shall face a penalty of
face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment: up to 02 years' community sentence or 03 - 24 months' imprisonment.
a) A dangerous weapon or method is used to harm 02 or more people;
Article 138. Involuntary infliction of bodily harm upon others
b) Sulfuric acid (H2SO4) or another hazardous chemical is used to inflict bodily harm upon 1. Any person who involuntarily inflicts 31% - 60% physical disability to another person shall
another person; receive a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or face a penalty of
c) The act results in a mild handicap of the victim; up to 03 years' community sentence.
d) The offence has been committed more than once; 2. This offence committed in any of the following cases shall carry a penalty of 03 - 02 years'
imprisonment:
dd) The offence is committed against 02 or more people;
e) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an a) The offence results in bodily harm of 02 or more people, each of whom suffers from 31% -
old and weak, sick , or defenseless person; 60% physical disability;

g) The victim is the offender's grandparent, parent, caregiver, or teacher; b) The offence results in ≥ 61% physical disability of the victim.
3. If this offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61%
h) The offence is committed by an organized group;
physical disability, the offender shall face a penalty of 01 - 03 years' imprisonment.
i) The offence involves abuse of the offender's position or power;
Article 148. Transmission of HIV to others
k) The offence is committed while the offender is kept in temporary detention, serving his/her
1. A person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to
sentence in a prison or correctional institution or rehabilitation center;
another person, unless the victim knows the it and voluntarily engages in sexual intercourse,
l) The offender hires another person or is hired to inflict bodily harm to the victim; shall face a penalty of 01 - 03 years' imprisonment.
m) The offence is of a gangster-like nature; 2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years'
n) Dangerous recidivism; imprisonment:
o) The offence is made against a law enforcement officer in performance of his/her official a) The offence is committed against 02 or more people;
duties or because of his/her official duties; b) The offence is committed against a person aged under 18;
2. A person who deliberately inflicts bodily harm upon another people and causes 11% - 33% c) The offence is committed against a woman with the full knowledge of her pregnancy;
physical disability in any of the cases specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o
Clause 1 of this Article shall face a penalty of 02 - 05 years' imprisonment. d) The offence is committed against the physician or health worker who directly provides
treatment for the offender;
3. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60%
physical disability shall face a penalty of 04 07 years' imprisonment. dd) The offence is committed against a law enforcement officer in performance of his/her official
duties or because of his/her official duties.
4. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60%
physical disability in any of the cases specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o
Clause 1 of this Article shall face a penalty of 07 - 12 years' imprisonment. Chapter XVI
5. A person who deliberately inflicts bodily harm upon another person and causes ≥ 61% OFFENCES AGAINS RIGHTS OF PROPERTY
physical disability, except for the case in Point c Clause 6 of this Article, or the death of the Article 168. Robbery
victim shall face a penalty of 10 - 15 years' imprisonment.
1. Any person who uses violence, threat of immediate violence, or commits other acts that render
6. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years'
another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10
imprisonment or life imprisonment:
years' imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' b) The offender has a previous conviction for theft or any of the criminal offences specified in
imprisonment: Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof which has not been expunged;
a) The offence is committed by an organized group; c) The offence has a negative impact on social safety, order, and security;
b) The offence is committed in a professional manner; d) The property stolen is the primary means of livelihood of the victim and the victim's family;
c) The offence results in 11% - 30% physical disability of the victim; the property taken is a souvenir, memento, or religious item that has a spiritual value to the
victim.
d) The offender uses a dangerous weapon, device, or other dangerous methods to commit the
2. This offence committed in any of the following cases shall carry a penalty of 02 - 07 years'
offence;
imprisonment:
dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;
a) The offence is committed by an organized group;
e) The offence is committed against a person under 16, a woman whose pregnancy is known by
the offender, an old and weak, sick, or defenseless person. b) The offence is committed in a professional manner;
c) The property obtained is from VND 50,000,000 to under VND 200,000,000;
g) The offence has a negative impact on social safety, order, and security;
h) Dangerous recidivism. d) The offender employs a deceitful method or a dangerous method to commit the offence;
dd) The offender attacks other people to escape;
3. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years'
imprisonment: e) The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the
a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000; offender commits the offence in any of the cases specified in Point a through d Clause 1 of this
Article;
b) The offence results in 31% - 60% physical disability of the victim;
g) Dangerous recidivism.
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years'
4. This offence committed in any of the following cases shall carry a penalty of 18 - 20 years' imprisonment:
imprisonment or life imprisonment:
a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;
a) The property taken is assessed at VND 500,000,000 or over;
b) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but
b) The offence results in bodily harm of 01 person who suffers from ≥ 61% physical disability, the offender commits the offence in any of the cases specified in Point a through d Clause 1 of
or bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability of 02 this Article;
or more victims;
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
c) The offence results in the death of the victim;
4. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years'
d) The offender takes advantage of a war or state of emergency to commit the offence. imprisonment:
5. Any person who makes preparation for the commitment of this offence shall face a penalty of a) The property stolen is VND 500,000,000 or over;
01 - 05 years' imprisonment.
b) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but
6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be the offender commits the offence in any of the cases specified in Point a through d Clause 1 of
put under mandatory supervision, prohibited from residence for 01 - 05 years, or have all or part this Article;
of his/her property confiscated.
c) The offender takes advantage of a war or state of emergency to commit the offence.
Article 173. Theft
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
1. A person who steals another person's property which is assessed at from VND 2,000,000 to
……
under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following
cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' Part Three
imprisonment:
IMPLEMENTATION
a) The offender previously incurred a civil penalty for appropriation of property; Article 426. Effect
This Code comes into force from July 01, 2016.
Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment to Criminal Code
are null and void from the effective date of this Code.
This Code was passed by the 13th National Assembly of the Socialist Republic of Vietnam, at its
6th session on November 27, 2015.

CHAIRMAN OF THE NATIONAL

Nguyen Sinh Hung

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