The Criminal Code is meant to protect Vietnam's sovereignty and security; protect the socialism regime, human rights, citizenship rights; protect the equality among ethnic groups; protect interests of the State; organize and protect the law; punish crimes; raise people's awareness of compliance with the law; prevent and fight crimes. THE NATIONAL SOCIALIST REPUBLIC OF VIETNAM ASSEMBLY Independence - Freedom - Happiness ----- ----- No.: 92/2015/QH13 Hanoi, November 25th, 2015 . CODE OF CIVIL PROCEDURE . Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Civil Procedure Code. PART ONE GENERAL PROVISIONS No.: 92/2015/QH13 thHanoi, November 25 , 2015 CODE OF CIVIL PROCEDURE treaties to which the Socialist Republic of Vietnam is a signatory, the civil cases related to he/she shall be disciplined or liable to criminal prosecution according to law provisions. 5. If a proceeding officer, during the performance of his/her tasks and powers Wistron Neweb Corp Driver Download Download fast. 10/13/2015 0 Комментарии This site maintains listings of network drivers available on the web, organized by company. Includes. Includes. Doing Business As: Wistron NeWeb Corporation Company Description: Wistron NeWeb is wishing for even more people to buy and use cell phones. 1. Vietnamese citizens or legal commercial entities, who commit offences outside the territory of the Socialist Republic of Vietnam which are criminal offences under this Code, can be criminally prosecuted in Vietnam in accordance with this Code. This provision is also applied to stateless persons who permanently reside in Vietnam. Vay Tiền Nhanh Chỉ Cần Cmnd. Most Read Contributor Vietnam, May 2023 To print this article, all you need is to be registered or login on The Vietnam Criminal Code 2015 which came in to effect from 01 January 2018 has significant amendments in terms of crimes related to the Intellectual Property Rights IPRs. In regards of the IPRs, in comparison with the Criminal Code 1999 which has been amended and supplemented by the law on amending and supplementing some articles of the Criminal Code on June 19th, 2009, the Criminal Code 2015 deleted the crimes of breaching the regulations on the granting of industrial property protection deeds. This is the result of practical implementation of the Criminal Code 1999 in more than 15 years since the effective date of this code. The lawmakers realized that it is not necessary to punish the people who are competent to grant protection deeds to industrial property objects in Vietnam by the sentences of the criminal measures. Therefore, from the effective date of the Criminal Code 2015 January 01st, 2018, breaching the regulations on the granting of industrial property protection deeds will not be considered as a crime. The Criminal Code 2015 has 02 two Articles for 02 two crimes on the IPRs including the infringement of copyright and related rights and another one is infringement of industrial property rights with the same infringement activities, namely – In regard of copyright and related rights the activities of i reproducing works, phonograms or video recordings and ii distributing to the public copies of works, phonograms or video recordings; – In regard of industrial property rights the activities of infringement against the trademark and geographical indication which are currently protected in Vietnam in the form of counterfeit trademark or counterfeit geographical indication only. However, there are 02 two majority differences between the Criminal Code 1999 and the Criminal Code 2015 which shall be considered as the revolution in lawmaking until now The criminal responsibility of corporate legal entity. From January 01st, 2018, the corporate legal entity shall bear the criminal responsibility for the crimes which are performed by a corporate with the conditions of i the criminal offence is committed in the name of the corporate legal entity; or ii the criminal offence is committed in the interests of the corporate legal entity; iii the criminal offence is under instructions or approval of the corporate legal entity; iv the time limit for criminal prosecution has not expired. The corporate legal entity shall bear the criminal responsibility for the infringement upon copyrights and/or related rights and the infringement upon trademark and geographical indication. This is very important for fighting against the disease of IPR infringement because the practice of settling the infringement actions against the IPRs in 11 years since the effective date of Law on IPRs showed that almost infringement cases in this period have been performed by legal corporate entities even that such legal corporate entities have been established and operated for the purpose of infringing upon the IPRs protected in Vietnam. However, the punishment measures of Law on handling administrative violations are not strict enough for deterring the infringers. In many cases, the infringers are willing to pay the fine and then continuously perform the infringement against another IPRs. Under the new Criminal Code , a legal corporate entities could be applied many sentences such as the suspension of operation, permanent shutdown, prohibition from operating in certain fields, prohibition from raising capital which are strict enough for forcing the infringers to give up their infringements. 2. The signs of crimes relating to the IPRs are very clear. Although, the Criminal Code 2015 used the sign of "on the commercial scale" which is the same with the Criminal Code 1999 and has not been guided clearly until now, the Criminal Code 2015 used another signs for settling the crimes on IPRs including i the illegal profit, ii the loss/damage of the holders/owners of copyrights, related rights and trademark, geographical indication or iii the amount of the violating goods. In addition, the history of crime or administrative violation of the infringers will be a legal basis for settling the violation. The quantities of these signs have been pointed out, therefore, it will be easy for the owners as well as the authority state bodies in settling the infringement actions against intellectual property. However, there are some issues that need to perfect in order to ensure the implementation of the new code relating to the IPRs as below – Regarding to the sign "on the commercial scale", this sign has been used for determining the crime on the IPRs in the Criminal Code 1999 which is amended and supplemented in 2009. This amendment has been made in order to accordance with the international treaties in which Vietnam is a member. However, there are no any regulations for detailed guidelines on this matter. It leads to the result that many IPRs infringement cases could not be handled and settled under the criminal procedure in many years. According to the statistics of the Ministry of Science & Technology, the number of violating intellectual property right cases has complicatedly increased in Viet Nam. Vietnam Trademark and branding infringement of famous brands occur in various fields from clothing, cigarettes, food and beverage, etc. to all kinds of industrial machinery. Counterfeit products are publicly sold in the market at half or even 1/3 of authentic products' prices. From 2012-2015, the authority state agencies received 18,329 cases with signs of intellectual property infringement, producing and trading counterfeit goods, with administrative penalty up to 73 billion Dong; prosecuted 120 cases of counterfeits and intellectual property infringement with 196 defendants. However, only 84 cases with 140 defendants have been indicted by the procuratorial authorities. – In regards of "illegal profit", currently there are no any regulations for determining what is the illegal profit in order to be legal basis for criminal procedure. Please note that "illegal profit" is absolutely different from "illegal gains" which is regulated at Article 37 of Law on handling the administrative violation and Circular No. 149/2014/TT-BTC. – Relating to "the loss/damage of the holders/owners", currently, this sign has been regulated in Decree No. 105/2006/ND-CP which has been amended and supplemented by Decree No. 119/2010/ND-CP. Therefore, we could determine the "the loss/damage of the holders/owners" of the IPRs based on this decree. The problem in this case is that in order to determine "the loss/damage", it is required to be evaluated by an examiner of an examination organization. However, there is only Vietnam Intellectual Property Research Institute VIPRI that is the examination organization in the field of Industrial Property Rights while there is no examination organization in the field of Copyright and Related rights. Therefore, it is required to establish an examination organization for Copyright and Related rights as soon as possible as well as the examination organizations need to complete the procedure for examining "the loss/damage"; In order to resolve the aforementioned issues, it is required to have the detailed guideline on this sign in the form of a joining circular among Ministry of Justice MOJ, Ministry of Public Security MPS, The Supreme People's Court of Vietnam SPC and The Supreme People's Procuracy of Vietnam SPP or only a resolution of Judge Council of SPC. To sum up, it is believed that the Criminal Code 2015 is an effective legal foundation against the crimes including the crimes on the IPRs in Vietnam. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. POPULAR ARTICLES ON Criminal Law from Vietnam Remedies When Chargesheet Is Filed Without ArrestMetalegal Advocates Various remedies are available to protect the liberty of a person who has not been arrested during investigation but is fearful of being taken into custody by the court upon his first appearance. Thu Hiền Resolution No. 41/2017/QH14 on implementation of the 2015 Criminal Code, effect of the 2015 Criminal Code, the 2015 Law on organization of criminal investigation authorities and the Law on temporary detention was ratified on June 20, 2017. According to the Resolution, the 2015 Criminal Code No. 100/2015/QH13, which is amended according to the Law No. 12/2017/QH14, will come into force as of January 01, 2018 and be applied as follows - All clauses applicable to charges, investigation, prosecution, trial and enforcement of judgments will be applied to criminals from 0000 on January 01, 2018; - In the cases where a crime is committed before 0000 of January 01, 2018 and discovered afterward or still undergoing investigation, prosecution or trial, or commutation or criminal record expungement is still under consideration afterwards + Regulations in the 2015 Criminal Code that are more advantageous to the criminal shall apply; + New crimes and regulations that are less advantageous to the criminal in the 2015 Criminal Code shall not apply. The Resolution No. 41/2017/QH14 will come into force as of January 01, 2017. >> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE THE NATIONAL ASSEMBLY The Code No. 100/2015/QH13 dated November 27, 2015 of the National Assembly on CriminalPursuant to Constitution of Socialist Republic of Vietnam;The National Assembly promulgates the Criminal Code. Part OneGENERAL PROVISIONSChapter IBASIC CLAUSESArticle 1. Objectives of the Criminal CodeThe Criminal Code is meant to protect Vietnam’s sovereignty and security; protect the socialism regime, human rights, citizenship rights; protect the equality among ethnic groups; protect interests of the State; organize and protect the law; punish crimes; raise people’s awareness of compliance with the law; prevent and fight Code provides for crimes and 2. Basis of criminal liability1. No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal 3. Rules for punishing crimes1. With regard to criminalsa Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law; b All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class, or social status;c Instigation of crimes, masterminds, or obstinacy, gangster-like crimes, dangerous recidivism, abuse of positions or power to commit criminal offences shall be strictly punished;d Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner, or with intent to inflict extremely serious consequences shall be strictly shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; express contrition; voluntarily compensate for damage they inflict;dd A person who commit a less serious crime for the first time may serve a community sentence mandatory supervision by family or an organization;e People sentenced to imprisonment shall serve their sentences at prisons and must improve themselves to become effective and productive citizens; commutation or conditional parole shall be granted to people who satisfy conditions set out in this Code;g People who have served their sentences are enabled to live and work honesty and fit into society; criminal records shall be expunged when all conditions are With regard to corporate legal entities that commit criminal offencesa Every criminal offence committed by a corporate legal entity must be discovered promptly and dealt with quickly and fairly in compliance with law; b All corporate legal entities that commit criminal offences are equal before the law regardless of type of business and economic sector;c Criminal offences committed by deceitful methods; organized crimes, deliberate infliction of extremely serious consequences shall be strictly punished;d Leniency shall be showed towards corporate legal entities that are cooperative during the proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate 4. Responsibility for prevention and fight against crimes1. Police authorities, the People’s Procuracies, People’s Courts, and other authorities concerned shall perform their functions, duties and authority; provide guidance and assistance for other state agencies, organizations and individuals in prevention and fight against crimes, supervision and education of criminals in the community. 2. Organizations are responsible for raising the awareness of people under their management of protection and compliance with the law, respect for socialism rules; promptly take measures for eliminate causes and conditions of crimes within their Every citizen has the duty to participate in prevention and fight against IIEFFECT OF THE CRIMINAL CODE Article 5. Effect of the Criminal Code on criminal offences committed within the territory of the Socialist Republic of Vietnam 1. The Criminal Code applies to every criminal offence committed within the territory of the Socialist Republic of also applies to criminal offences committed on sea-going vessels and airplanes having Vietnamese nationality or operating in Vietnam’s exclusive economic zones or continental shelves, or consequences Criminal liability of foreigners who commit criminal offences within the territory of Socialist Republic of Vietnam and are granted diplomatic immunity according to Vietnam’s law or under 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 practice, their criminal liability shall be dealt with in a diplomatic 6. Effect of the Criminal Code on criminal offences committed outside the territory of the Socialist Republic of Vietnam1. Any Vietnamese citizen or Vietnamese corporate legal entity that commits an act outside the territory of Socialist Republic of Vietnam which is defined as a criminal offence by this Code shall face criminal prosecution in Vietnam as prescribed by this clause also applies to stateless residents of Any foreigner or foreign corporate legal entity that commit a criminal offence outside the territory of Socialist Republic of Vietnam shall face criminal prosecution as prescribed by this Code if such offence infringes the lawful rights and interests of Vietnamese citizens or interest of Socialist Republic of Vietnam or under a international agreement to which Vietnam is a signatory. 3. Where a criminal offence or its consequence occurs on an airplane or sea-going vessel that does not have Vietnamese nationality at sea or outside Vietnam's airspace, the offender shall face criminal prosecution under an international agreement to which Vietnam is a signatory, if any. Article 7. Chronological effect of Criminal Code1. A provision of law effective at the same time as the commitment of the criminal offence shall be applied to such criminal A provision of law that provides for a new crime, a more severe sentence, a new aggravating factor or reduce the scope of suspended sentences, exemption from criminal liability, removal of criminal responsibility, exemption from sentence, commutation, or conviction expungement which is less favorable shall not be applied to criminal offences committed before such provision of law comes into A provision of law that removes a new crime, a sentence, a aggravating factor or provides for a less severe sentence, a new mitigating factor, or increase the scope of probation, exemption or conviction expungement of criminal liability, exemption from sentence, commutation, conditional parole, or conviction expungement, and other provisions which is more favorable may be applied to criminal offences committed before such provisions of law comes into IIICRIMESArticle 8. Definition of crime1. A crime means an act that is dangerous for society and defined in Criminal Code, is committed by a person who has criminal capacity of corporate legal entity, whether deliberately or involuntarily, infringes the sovereignty and territorial integrity of the nation, infringes the 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 citizens, other aspects of socialist law, and leads to criminal prosecution as prescribed by this An act showing signs of a crime but not remarkably dangerous for society is not a crime and shall be dealt with 9. Classification of crimesCrimes defined in this Code are classified into four categories according to their nature and danger to society1. Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence non-custodial, or 3 years' imprisonment;2. Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 3 years' to 7 years' imprisonment;3. Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 7 years' to 15 years' imprisonment;4. Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or 10. Deliberate crimesCases of deliberate crimes1. The offender is aware of the danger to society of his/her act, foresees consequences of such act, and wants such consequences to occur;2. The offender is aware of the danger to society of his/her act, foresees consequences of such act, and does not want such consequences to occur but still deliberately lets them 11. Involuntary crimesCases of involuntary crimes1. The offender is aware of the danger to society of his/her act but believes that consequences would not occur or could be prevented;2. The offender is not aware of the danger to society of his/her act though the consequences have to be foreseen and could be 12. Age of criminal responsibility1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for murder, deliberate infliction of bodily harm upon other people, raping, raping people under 16 years of age, sexual abuse of people from 13 to under 16 years of age, robbery, kidnapping for ransom; very serious crimes, and extremely serious crimes defined in the following Articlesa Article 143 Sexual abuse; Article 150 Human trafficking; Article 151 Trafficking of people under 16 years of age;b Article 170 Extortion; Article 171 Snatching; Article 173 Theft; Article 178 Vandalism or deliberate destruction of property;c Article 248 Illegal production of narcotic substances; Article 249 Illegal storage of narcotic substances; Article 250 Illegal trafficking of narcotic substance; Article 251 Illegal trading of narcotic substances; Article 252 Appropriation of narcotic substances; d Article 265 Organization of illegal racing; Article 266 Illegal racing; dd Article 285 Producing, dealing in tools, equipment, software programs serving illegal purposes; Article 286 Spreading software programs harmful to computer networks, telecommunications network, or electronic devices; Article 287 Obstruction or disruption of computer network, telecommunications network, or electronic devices; Article 289 Illegal access to others' computer network, telecommunications network, or electronic devices; Article 290 Appropriation of property by computer network, telecommunications network, or electronic devices; 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 appropriation of military weapons or military equipment.Article 13. Crimes committed under the influence of alcohol or other strong stimulantsA person who has lost his/her awareness or control of his/her acts because of influence of alcohol or other strong stimulants still have to bear criminal 14. Preparation for crimes1. Preparation for a crime means finding, preparing tools, equipment, or other conditions for the crime, or establishing, joining a group of criminals, except for the cases specified in Article 1009, Point a Clause 2 Article 113, or Point a Clause 2 Article 299 A person who prepares for any of the following crimes shall bear criminal responsibilitya Article 108 High treason; Article 110 Espionage; Article 111 Infringement upon territory; Article 112 Rebellion; Article 113 Terrorism aimed to oppose the people's authority; Article 114 Sabotage of technical facilities of Socialist Republic of Vietnam; Article 117 Fabrication, storage, spreading, or dissemination of information, materials, items for opposing the government of Socialist Republic of Vietnam; Article 118 Disruption of security; Article 119 Disruption of detention facility; Article 120 Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's authority; Article 121 Illegal emigration for the purpose of opposing the people's authority;b Article 123 Murder; Article 134 Deliberate infliction of bodily harm upon another person;C Article 168 Robbery; Article 169 Kidnapping for ransom;d Article 299 Terrorism; Article 300 terrorism financing; Article 301 Taking hostages; Article 302 Piracy; Article 3030 Destruction of works, facilities, vehicles important to national security; Article 324 Money laundering. 3. A person from 14 to under 16 years of age who prepares for any of the crimes specified in Point b and Point c Clause 2 of this Article has to bear criminal 15. Incomplete crimesAn incomplete crime means a crime that is not carried out to the end because of reasons beyond the offender's person who commits an incomplete crime has to take criminal 16. AbandonmentAbandonment means a person's voluntarily stopping committing the crime without anything stopping him/her from committing such crime. The person who abandons his/her effort to commit the crime shall be exempt from criminal responsibility; if the committed acts constitute another crime, the offender shall bear criminal responsibility for such other 17. Complicity1. Complicity is a situation in which two or more people deliberately commit the same Organized crime is a form of complicity in which the accomplices cooperate closely in committing the An accomplice means an organizer, perpetrator, instigator, or means the person who directly commits the means the mastermind behind the commission of the means the person entice or encourage other people to commit the means the person who provides spiritual or material assistance in the commission of the The accomplice shall not take criminal responsibility for unjustified force used by the 18. Concealment of crimes1. Any person who, without prior promises and after knowing that a crime has been committed, harbors the criminal, conceals the traces or exhibits of the crime, or commits other acts that obstruct the discovery, investigation, and taking of actions against the criminal shall bear criminal responsibility for concealment of crimes in the cases defined by this A person who conceals the crime shall not bear criminal responsibility as specified in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for concealment of crimes against national security or other extremely serious crimes specified in Article 389 19. Misprision1. Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision in the cases specified in Article 389 A person who fails to report the crime shall not bear criminal responsibility as specified in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report crimes against national security or other extremely serious crimes specified in Article 389 If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as specified in Clause 1 of this Article, except for failure to report crimes against national security or other extremely serious crimes specified in Article 389 IVCASES OF EXEMPTION FROM CRIMINAL RESPONSIBILITYArticle 20. Unexpected eventsThe 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. Article 21. Lack of criminal capacity A person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal 22. Justifiable force1. 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 interests of himself/herself, other people, the State, use of justifiable force does not constitute a criminal Unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by this 23. Urgent circumstances1. An urgent circumstance is a circumstance in which there is no other way but an amount of 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 act of inflicting damage in an urgent circumstance does not constitute a criminal If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who inflicts such damage shall bear criminal 24. Infliction of bodily harm while capturing criminals1. If violence and infliction of bodily harm to a criminal is the only way to capture him/her, the use of violence in this case does not constitute a criminal If the bodily harm inflicted by the use of violence is obviously more than necessary, the person who inflicts such damage shall bear criminal 25. Risks from researches, experiments, application of technological advancesThe infliction of damage during the conduction of a research, experiment, or application of technological advances does not constitute a criminal offence provided the procedures and regulations are complied with and all preventive measures are person who fails to comply with the procedures, regulations, or take all preventive measures and causes damage shall bear criminal 26. Following orders of commanders or superiorsA person who inflicts damage while following an order of his/her commander or superior in the army to perform national defense and security duties is exempt from criminal responsibility if he/she complies with procedures for reporting to the order giver but the order giver still request that the order be followed. In this case, the order giver shall bear criminal provision does not apply to the cases specified in Clause 2 Article 421, Clause 2 Article 422, and Clause 2 Article 423 VTIME LIMIT FOR CRIMINAL PROSECUTION; EXEMPTION FROM CRIMINAL RESPONSIBILITYArticle 27. Time limit for criminal prosecution1. The time limit for criminal prosecution is a time limit set out by this Code and upon the expiration of which the offender does not face any criminal Time limits for criminal prosecutiona 05 years for less serious crimes;b 10 years for serious crimes;c 20 years for very serious crimes;d 20 years for extremely serious The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed. During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets 28. Non-application of time limit for criminal prosecutionTime limit for criminal prosecution does not apply to the following crimes1. Infringement of national security specified in Chapter XIII hereof;2. Disturbing the peace, crimes against humanity, and war crimes specified in Chapter XXVI hereof;3. Embezzlement in the case specified in Clause 3 and Clause 4 Article 353 hereof; acceptance of bribes in the case specified in Clause 3 and Clause 4 Article 254 29. Basis for exemption from criminal responsibility1. A criminal offender shall be exempt from criminal responsibility on one of the following basesa A policy or law is changed during the process of investigation, prosecution, or trial and accordingly, the offender's act is no longer dangerous to society; b A general amnesty is A criminal offender might be exempt from criminal responsibility on one of the following basesa The situation is changed during the process of investigation, prosecution, or trial and accordingly, the offender is no longer dangerous to society;b The offender has a fatal disease during the process of investigation, prosecution, or trial and no longer poses a threat to society;c The offender confesses his/her crime, contributes to the crime discovery and investigation; minimizes the damage inflicted by his/her crime, have made reparation or special contributions that are recognized by the State and The person who commits a less serious crime or a serious crime because of involuntary damage to life, health, honor, or property of others will be exempt from criminal responsibility if the aggrieved person or his/he representative voluntarily seeks reconciliation and requests exemption from criminal responsibilityChapter VISENTENCESArticle 30. Definition of sentenceA sentence means the most severe coercive measure of the State specified in this Code, taken by the Court against a person or corporate legal entity that commits a crime in order to deprive of or limit their rights and/or 31. Purposes of sentencesSentences are meant not only for punishing people and corporate legal entities that commit 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 the law, prevention of and fight against 32. Sentences against criminals1. Primary sentencesa Warning;b Fine;c Community sentence;d Expulsion;dd Determinate imprisonment;e Life imprisonment;g Death Additional sentencesa Prohibition from holding certain positions or doing certain works; b Prohibition from residence;c Mandatory supervision;d Deprivation of certain citizenship rights;dd Confiscation of property;e Fine if no administrative penalties are imposed;g Expulsion if no administrative penalties are The offender shall incur only one primary sentence for a crime committed and possibly one or more additional sentencesArticle 33. Sentences against corporate legal entities committing crimes1. Primary sentencesb Fine;b Suspension of operation;c Permanent Additional sentencesa Prohibition from operating in certain fields;b Prohibition from raising capital;c Fine if no administrative penalties are The corporate legal entity shall incur only one primary sentence for a criminal offence committed and possibly one or more additional 34. WarningWarning is imposed upon people who commit less serious crimes and have multiple mitigating factors but are not eligible for exemption from 35. Fine1. Fine is imposed as a primary sentence againsta People who commit less serious crimes or serious crimes defined by this Code;b People who commit very serious crimes against the law on economics, environment, public order, public safety, and other crimes defined by this Fine is imposed as an additional sentence against people committing crimes related to corruption, drugs, or other crimes defined by this The fine level depends on the nature and level of danger of the crime with account taken of the offender's property, fluctuation of prices. Nevertheless, the fine must not fall under VND 1,000, Fines imposed upon corporate legal entities committing crimes are specified in Article 77 36. Community sentence1. 6-month to 3-year community sentence shall be imposed upon people who commit less serious crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not have to be isolated from 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 days of community The person sentenced to community sentence shall be supervised and educated by the organization or agency for which he/she works or the People’s Committee of the commune where he/she resides. The family of the convict has the responsibility to cooperate with such agency or organization or the People’s Committee of the commune in supervising and educating him/ 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 on a monthly basis. In special cases, the court might not require income deduction and specify the reason in the income of a sentenced person who is doing his/her military service shall not be If the person sentenced to community sentence is unemployed or loses his/her job while serving the sentence, he/she must do works serving the community during the period of community duration of community serving must not exceeds 04 hours per day and 05 days per 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 extremely severe disabilities. People sentenced to community sentence must fulfill the duties specified in the Law on enforcement of criminal 37. ExpulsionExpulsion means the act of forcing sentenced foreigners to leave the territory of Socialist Republic of shall be imposed as a primary sentence or additional sentence on a case-by-case 38. Determinate imprisonment1. Determinate imprisonment means forcing the convict to serve his/her sentence in a detention facility over a certain period of duration of determinate imprisonment imposed upon an offender is from 03 months to 20 duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals = 01 day in Determinate imprisonment shall not be imposed upon a person who commits a less serious crime for the first time and has a fixed 39. Life imprisonmentLife imprisonment is an indefinite imprisonment imposed upon people committing extremely serious crimes but not punishable by imprisonment shall not be imposed upon offenders under 18 years of age hereinafter referred to as juvenile offenders.Article 40. Death sentence1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes, and some other extremely serious crimes defined by this Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age, and people from 75 years of age or older when they commit the crime or during The life sentence shall not be executed in any of the following casesa The convict is pregnant or a woman raising a child under 36 months of age;b The sentenced person is 75 years of age or older;c The person sentenced to death for embezzlement or taking bribes, after being sentenced, has 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 the In the cases specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life 41. Prohibition from holding certain positions or doing certain worksProhibition from holding certain positions or doing certain works shall be imposed when the convict is deemed to cause harm to society if he/she is allowed to hold the positions or do the duration of prohibition is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the primary sentence is a warning, fine, or community sentence, or the convict is put on 42. Prohibition from residenceProhibition from residence means preventing the person sentenced to imprisonment from temporarily or permanently residing in certain administrative duration of prohibition is from 01 to 05 years from the end of the 43. Mandatory supervisionMandatory supervision means forcing a person sentenced to imprisonment to reside, work, and live within a defined area under the supervision of the local authority and local people. During this period, the convict must not leave the commune without permission, has some citizenship rights deprived of as prescribed in Article 44 hereof, and is banned from doing certain supervision shall be imposed upon people committing crimes against national security, dangerous recidivism, and other crimes prescribed by this Code shall be kept under duration of mandatory supervision is from 01 to 05 years from the end of the 44. Deprivation of certain citizenship rights;1. A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this Code shall have one or some of the following citizenship rights derived ofa The right to nominate oneself for a post in the authorities;b The right to work in regulatory agencies and serve in the people's The duration of citizenship right deprivation is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the convict is put on 45. Confiscation of propertyConfiscation of property means confiscation and transfer of part of or all of property under the ownership of the convict to state of property shall only be imposed upon people who are convicted of serious crimes, very serious crimes, or extremely serious crimes against national security, drug-related crimes, corruption, or other crimes prescribed by this of property shall be so carried out that the convict and his/her family are still able to carry on their VIIJUDICIAL MEASURESArticle 46. Judicial measures1. Judicial measures taken against a person committing a crime includea Confiscation of money and items directly related to the crime;b Return, repair of property or provision of compensation; offering of public apology;c Mandatory disease Judicial measures taken against a corporate legal entity committing a crime includea Confiscation of money and items directly related to the crime;b Return, repair of property or provision of compensation; offering of public apology;c Restoration of original state;d Implementation of other measures for mitigation and prevention of 47. Confiscation of money and items directly related to the crime1. Expropriation or destruction shall be applied toa Instruments, vehicles used for the commission of the crime;b Items or money earned from the commission of the crime or from selling, exchanging them; illegal profits earned from the commission of the crime;c Items banned from trading by the Items and money illegally appropriated or used by the offender shall be returned to their lawful owners or managers instead of being Items, money under the ownership of a person might be confiscated if such person allows the offender to use them for the commission of the 48. Return, repair of property or provision of compensation; offering of public apology1. The offender must return appropriated property to its lawful owner or manager, make repair or provide compensation for the damage caused by the If the offence results in psychological trauma of the victim, the court shall require the offender to provide compensation in kind and offer a public 49. Mandatory disease treatment1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a specialized medical facility for mandatory If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person might bear criminal If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person shall keep serving the sentence if there is no reason to do duration of mandatory treatment shall be deducted from the imprisonment VIIIDECISION ON SENTENCESSection 1. GENERAL PROVISIONSArticle 50. Basis for decision on sentences1. The Court shall issue the decision on sentences pursuant to this Code and in consideration of the nature and danger of the crime to society, record of the offender, mitigating factors, and aggravating 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 51. Mitigating factors 1. The following circumstances are considered mitigating factorsa The offender has prevented or reduced the harm caused by the crime;b The offender voluntarily makes rectification, pays damages, or relieves the consequences;c The crime is considered unjustified force in self-defense;d The crime is considered unjustified force in urgent circumstance;dd The crime is considered unjustified force in capturing a criminal;e The crime is committed under provocation caused by the victim's illegal acts;g The crime is committed because of extreme hardship that is not on the offender's account;h The crime has not inflicted damage or the damage inflicted is not significant;i The offender commits a less serious crime and does not have prior criminal record;k The crime is committed because the offender threatened or coerced by others;l The offender commits the crime while because of lack of awareness that is not on his/her account;m The crime is committed due to obsolescence;n The offender is a pregnant woman;o The offender is 70 years of age or older;p The offender has a serious physical disability or extremely serious physical disability;g The offender has a disease that limits his/her awareness or control of his/her acts;r The offender turns himself/herself in;s The offender expresses cooperative attitude or contrition;t The offender arduously assisting the agencies concerned in discovery of crimes or investigation;u The offender has made reparation in an effort to atone for the crime;v The offender is an excellent worker, soldier, or student;x The offender is a parent, spouse, or child of a war martyr or war When issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the If a circumstance defined as a mitigating factor this Code is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on 52. Aggravating factors1. The following circumstances are considered aggravating factorsa Organized crime;b The crime is committed in a professional manner;c The offender abuses his/her position or power to commit the crime;d The crime is of a gangster-like nature;dd The crime is committed by despicable motives;e The offender is determined to commit the crime to the end;g The offence has been committed more than once;h Recidivism or dangerous recidivism;i The crime is committed against a person under 16 years of age, pregnant woman, or a person aged 70 years or older;k The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited, or a person who is financially, spiritually, professionally or otherwise dependent on the offender;l The offender takes advantage of war, state of emergency, natural disaster, epidemic, or other tragic circumstances of society to commit the crime;m The offender makes use of sophisticated, deceitful, or ruthless tricks to commit the crime;n The offender uses tricks or instruments capable of harming many people to commit the crime;o The offender incites a person aged under 18 to commit the crime;p The offender has deceitful or violent actions to conceal the Circumstances defined by this Code as the basis for determination of a crime or sentence bracket shall not be considered an aggravating 53. Recidivism and dangerous recividism0}1. Recidivism is a situation in which a person who has a previous conviction for the same offence which has not been expunged deliberately commits a very serious crime or involuntarily commits an extremely serious Dangerous recidivism is a situation in whicha A person who has a previous conviction for a deliberate very serious crime or extremely serious crime which has not been expunged deliberately commits a very serious crime or an extremely serious crime;b A person who repeated the same offence for which the conviction has not been expunged deliberately commits another criminal 2. DECISION ON SENTENCES IN PARTICULAR CASESArticle 54. Decision on a sentence below lower limit of the sentence The Court may decide a sentence lighter than the lower limit of the current sentence bracket if it is in the next lighter bracket provided the offender has at least two mitigating factors specified in Clause 1 Article 51 The Court may decide a sentence below the lower limit of the current sentence bracket and it is not required to belong to the next lighter bracket provided the offender is an abettor with a minor role in the offense and does not have prior criminal If all of the conditions specified in Clause 1 or Clause 2 of this Article are satisfied but there is 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 specified in the 55. Decision on sentence for multiple crimesWhen a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows1. Primary sentencea 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 and 30 years for determinate imprisonment; b If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals = 01 day's If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;d If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;dd Fines shall be aggregated and shall not be combined with other sentences; e Expulsion shall not be combined with other sentences;2. Additional sentencea If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this Code; fines shall be aggregated;b If the sentences imposed are of various types, the convict must serve all of 56. Combination of sentences of multiple judgments1. If a person who is serving a sentence is tried for a crime committed before such sentence is imposed, the Court shall decide the sentence for the crime being tried, and then the combined sentence as prescribed in Article 55 duration of the previous sentence shall be deducted from that of the combined When a person who is serving a sentence is tried for a new crime, the Court shall decide the sentence for the new crime, then aggregate it with the unserved part of the sentence to make the combined sentence as prescribed in Article 55 hereof. 3. If a person is serving multiple sentences that are not combined, the executive judge of the Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of this 57. Decision on sentences for preparation of crimes or incomplete crimes1. A sentence for preparation of a crime or incomplete crime shall be decided in accordance with Articles on corresponding crimes hereof and vary according to their nature, danger to society, progress of the crime, and other factors that prevent the crime from being committed to the The sentence for preparation of a crime shall be imposed within the sentence brackets in particular provisions of The maximum sentence for an incomplete crime shall be 20 years if the maximum sentence provided for by corresponding provision of law is life imprisonment or death sentence. The maximum sentence for an unsuccessful crime shall not exceed three fourths of the determinate imprisonment sentence provided for by the corresponding provision of 58. Decision on sentence for complicacyWhen imposing sentences upon accomplices, the Court must consider the nature of complicacy and the degree of participation of each factors, aggravating factors, or from criminal responsibility of an accomplice shall only apply to that 59. Exemption from punishmentThe offender might be exempt from punishment in the cases specified in Clause 1 and Clause 2 Article 54 hereof, provided he/she deserves the leniency but not to a degree eligible for exemption from criminal IXTIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM SERVING SENTENCES, REDUCTION OF SENTENCE DURATIONArticle 60. Time limit for judgment execution1. The time limit for execution of a criminal judgment means a limited period of time defined by this Code after which the convicted person or corporate legal entity is no longer required to serve the given Time limits for execution of a sentence imposed upon a persona 05 years if the sentence is a fine, community sentence, or imprisonment of 03 years or shorter;b 10 years if the sentence is imprisonment of from over 03 years to 15 years;c 15 years if the sentence is imprisonment of from over 15 years to 30 years;d 20 years if the sentence is life imprisonment or Time limits for execution of a sentence imposed upon a corporate legal entity is 05 The time limit for execution of a sentence begins from its effective date. Within the time limit set out in Clause 2 and Clause 3 of this Article, if the convicted person or corporate legal entity commits a new crime, the time limit will be reset and begins from the day on which the new crime is During the time limit set out in Clause 2 of this Article, if the convicted deliberately avoid and has a wanted decision, the time limit will begin when he/she turns himself/herself in or gets 61. Non-application of time limit for sentence executionThere are no time limits for execution of sentences for the crimes specified in Chapter XIII and Chapter XXVI 62. Exemption from serving sentences1. A convict shall be exempt from serving his/her sentence in the event of a parole or general The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following casesa The convict has made reparation in an effort to atone for the crime after being convicted;b The convict has a fatal disease;c The convict abides by law, his/her family is facing extreme hardship, and he/she is considered no longer dangerous to The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to If a person who is sentenced to imprisonment of up to 03 years, has had the sentence suspended, and has made reparation in an effort to atone for the crime during the suspension period or abides by law, or his/her family is facing extreme hardship, and he/she is deemed no longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt him/her from serving the rest of the If a fined person has served part of the sentence and is facing prolonged financial hardship due to a natural disaster, conflagration, accident, or disease and thus no longer able to pay the remaining fine, or has made reparation in an effort to atone for the crime, the Court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining If a person prohibited from residence or kept under mandatory supervision has served at least 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 him/her from serving the rest of the The person exempt from serving a sentence as set out in this Article must fulfill the civil obligations specified in the 63. Commutation of sentence1. If a person who is sentenced to community sentence, determinate imprisonment, or life imprisonment has served the sentence for a sufficient period of time, shows improvements, and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the convict must serve the sentence for a sufficient period of time which is one third of the duration of community sentence or determinate imprisonment, or 12 years of the life A person might receive more than one commutation. Nevertheless, at least half of the sentence must be first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life sentence must be served for at least 20 years in reality regardless of the number of If a person is convicted of multiple crimes and the sentence for one of which is life imprisonment, the Court may only give the first commutation to 30-year imprisonment after the 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 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 If a person who has received a commutation commits a new crime that is serious, very serious, or extremely serious, the Court may only give the first commutation after he/she has served two thirds of the combined sentence. If the combined sentence is life, commutation shall be considered in accordance with Clause 3 of this 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 commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in 64. Commutation under special circumstancesIf the convict deserves further leniency he/she has made reparation in an effort to atone for the crime, is too old and weak, or has a fatal disease, the Court may consider giving a commutation sooner or at a greater degree than those set out in Article 63 65. Probation1. Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give probation of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem During the probation period, the person put on probation shall be supervised and educated by the organization or agency for which he/she works or the local authority. The family of the convict has the responsibility to cooperate with such agency or organization or the local authority in supervising and educating him/ The court may impose additional sentences upon the person put on probation if provided for by the applied provision of After the person put on probation has served half the duration of the probation and shows improvements, at the request of the supervising agency/organization, the Court shall consider reducing the probation During the probation period, if the convict deliberately fails to fulfill his/her obligations twice or more as prescribed by the Law on criminal sentence execution, the Court might require him/her to serve the suspended imprisonment sentence. If the convict commits a new crime, the Court shall force him/her to serve a combined sentence of the suspended sentenced and the new sentence as prescribed in Article 56 66. Conditional parole1. A person serving an imprisonment sentence prisoner may be granted parole when all of the following conditions are satisfieda The prisoner does not have prior criminal record;b The prisoner she shows remarkable improvements;c The prisoner convicted of a serious crime, very serious crime, or extremely serious crime has received a commutation;d The prisoner has a fixed residence;dd The prisoner has paid fines, legal costs, and civil compensation in full;e The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment commuted to determinate prisoner who is a wounded soldier, sick soldier, member of a martyr's family, aged 70 or older, a person suffers from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment or at least 12 years of a life imprisonment sentence commuted to determinate imprisonment;g The offence is not committed in any of the cases specified in Clause 2 of this Parole shall not be granted toa any prisoner that is convicted of an offence against national security; terrorism, disruption of peace, crimes against humanity, war crimes; any person sentenced to 10 years' imprisonment or longer for deliberate infliction of harm to human life, health, or dignity; any person sentenced to 7 years' imprisonment for robbery, kidnapping for ransom, illegal manufacturing, trading, appropriation of narcotic substances;b any person sentenced to death and granted commutation or any person in the case specified in Clause 3 Article 40 At the request of a competent criminal sentence execution authority, the Court shall decide granting parole. The person granted parole must fulfill his/her obligations during the probation period. The probation period equals = the remaining duration of the imprisonment If the person granted parole deliberately fails to fulfill his/her obligations twice or more or receives 02 or more administrative penalties during the probation period, the Court might cancel the parole and force him/her to keep serving the such person commits a new crime during the probation period, the Court shall force him/her to serve a combined sentence of the unserved sentenced and the new sentence as prescribed in Article 56 After the person granted parole has served half of the probation period and shows remarkable improvements, at the request of the competent criminal sentence execution authority, the Court shall consider reducing the probation 67. Deferred imprisonment sentence1. A person sentenced to imprisonment the convict might have the sentence deferred in the following casesa A convict suffering from a serious disease may have the sentence deferred until he/she recovers;b A convict who is a pregnant woman or having a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;c If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits an offence against national security, a very serious crime, or extremely serious crime;b A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official During the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 68. Suspended imprisonment sentence1. A person who is serving an imprisonment sentence may have the sentence suspended in the cases specified in Clause 1 Article 67 The duration of suspension shall be included in the imprisonment XCONVICTION EXPUNGEMENTArticle 69. Conviction expungement1. A convict may have his conviction expunged in accordance with Article 70 through 73 hereof. A person whose conviction is expunged is treated as if he/she does not have such People convicted of involuntary and less serious crimes or serious crimes, and people exempt from punishments are treated as if they do not have any 70. Automatic conviction expungement1. Automatic conviction expungement is granted to people convicted of crimes other than those specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, probation period, or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period, additional punishments, other decisions of the judgment, and does not commit any new crime during the periods specified belowa 01 year in case of a warning, fine, community sentence, or suspended imprisonment;b 02 years in case of imprisonment of up to 05 years;c 03 years in case of imprisonment from over 05 years to 15 years;d 05 years in case of imprisonment of over 15 years or commuted life convict serving an additional punishment that is mandatory supervision, prohibition from residence, prohibition from holding certain positions, prohibition from doing certain jobs, deprivation of certain citizenship rights for a period longer than those specified in Point a, b, and c of this Clause, automatic conviction expungement shall be granted when he/she finishes serving the additional Automatic conviction expungement shall be granted to a convict if he/she does not commit any new crime during the period specified in Clause 2 of this Article from the end of the time limit for sentence The agency managing criminal record database shall update information about criminal records of the convicts and issue criminal records which contains certification of no convictions on request if all conditions specified in Clause 2 or Clause 3 of this Article are 71. Conviction expungement under a court's decision1. Conviction expungement under a court's is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, probation period, or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are court shall decide whether to grant conviction expungement to people convicted of the criminal offences specified in Chapter XIII and Chapter XXVI hereof in consideration of the nature of the crimes committed, the convicts' obedience to the law and working The court shall grant conviction expungement if the convict, after serving the primary sentence or probation period as well as additional sentences and other decisions of the judgment, does not commit any new crime over the following periodsa 03 years in case of warning, community sentence, or imprisonment of up to 05 years;b 05 years in case of 05 - 15 years' imprisonment;c 07 years in case of > 15 years' imprisonment, life imprisonment or death sentence that is the convict is serving an additional sentence which is mandatory supervision, prohibition from residence, or deprivation of certain citizenship rights for a longer period than that specified in Point a of this Clause, conviction expungement shall be considered when he/she finishes serving the additional If a convict does not commit any new crime during the period specified in Clause 2 of this Article from the expiration of the time limit for sentence If an application for conviction expungement rejected for the first time, it may only be resubmitted after 01 year; if the application for conviction expungement is rejected for the second time, it may only be resubmitted after 02 years. Article 72. Special cases of conviction expungementWhere a convict shows remarkable improvements and has made reparation in an effort to atone for the crime, and conviction expungement is requested by his/her employer or local authority, the court shall decide to grant conviction expungement if has served at least one third of the period specified in Clause 2 Article 70 and Clause 2 Article 71 of this 73. Period after which a conviction may be expunged1. The period after which a conviction may be expunged specified in Article 70 and Article 71 hereof depends on the primary If the convict who has not had the conviction expunged commits a new crime which leads to a conviction under an effective judgment, the period after which the conviction may be expunged shall start over from the day on which the primary sentence has been served or the end of the probation period of the new judgment, or from the deadline for execution of the new If the convict has committed more than one crime and one of which is naturally eligible for expungement, one of which is eligible for expungement under a court's decision, the court shall decide expungement according to the period specified in Article 71 Where a person is exempt from serving the remaining sentence, it will be considered that the sentence has been XIREGULATIONS APPLIED TO COMMERCIAL LEGAL ENTITIES COMMITTING CRIMINAL OFFENCESArticle 74. Application of Criminal Code to corporate legal entities committing criminal offencesA corporate legal entity shall bear criminal responsibility according to this Chapter, other regulations of Part One hereof that do not contravene this 75. Conditions for a corporate legal entity to bear criminal responsibility1. A corporate legal entity shall only bear criminal responsibility if all of the following conditions are satisfieda The criminal offence is committed in the name of the corporate legal entity;b The criminal offence is committed in the interests of the corporate legal entity;c The criminal offence is under instructions or approval of the corporate legal entity;d The time limit for criminal prosecution specified in Clause 2 and Clause 3 Article 27 hereof has not The fact that corporate legal entity has criminal responsibility does not exempt criminal responsibility of 76. Scope of criminal responsibility of a corporate legal entityA corporate legal entity shall only bear criminal responsibility for the following criminal offences1. Article 188 Smuggling; Article 189 Illegal trafficking of goods or money across the border; Article 190 Manufacture or trading of banned commodities; Article 191 Storage or transport of banned commodities; Article 192 manufacture or trading of counterfeit foods, foodstuff, or food additives; Article 194 Manufacture of trading of counterfeit medicines for treatment or prevention of diseases; Article 195 Manufacture or trading of counterfeit animal feeds, fertilizers, veterinary medicine, pesticides, plant varieties, animal breeds; Article 196 Hoarding; Article 200 Tax evasion; Article 203 Illegal printing, issuance, trading of invoices 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 securities; Article 211 Cornering the stock market; Article 213 Commitment of frauds in insurance business; Article 216 Evasion of social insurance, health insurance, unemployment insurance payment for employees; Article 217 Violations against regulations on competition; Article 225 Infringement of copyrights and relevant rights; Article 226 Infringement of industrial property rights; Article 227 violations against regulations on survey, exploration and extraction of natural resources; Article 232 Violations against regulations on forest extraction and protection; Article 234 Violations against regulations on management and protection of wild animals;2. Article 235 Causing environmental pollution; Article 237 Violations against regulations on environmental emergency prevention, response, and relief; Article 238 Violations against regulations on protection of irrigation works, embankments, and works for protection against natural disasters; Violations against regulations on protection of river banks; Article 239 Import of wastes into Vietnam’s territory; Article 22 Destruction of aquatic resources; Article 243 Forest destruction; Article 244 Violations against regulations on management and protection of endangered, rare animals; Article 245 Violations against regulations on management of wildlife sanctuaries; Article 246 Import and spread of invasive alien species.Article 77. Fine1. Fine is imposed as a primary punishment or additional punishment against corporate legal entities committing criminal The fine level depends on the nature and level of danger of the criminal offence with account taken of the offender's financial capacity and fluctuation of prices. Nevertheless, the fine must not fall under VND 50,000, 78. Suspension of operation1. Suspension of operation means suspension of a corporate legal entity's activities in one or some fields in which the corporate legal entity harms human life, health, the environment, social security or order, and the damage can be repaired in The suspension period is from 06 months to 03 79. Permanent shutdown1. Permanent shutdown means termination of a corporate legal entity's activities in one or some 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 damage cannot be A corporate legal entity is established for the sole purpose of committing the criminal offence shall have all of its activities permanently 80. Prohibition from operating in certain fields1. Prohibition from business operation in certain fields shall be applied if it is considered that the convicted corporate legal entity might harm human life, health or society if it keeps operating in such The court shall decide the fields from which the convicted entity is The duration of prohibition is from 01 to 03 years from the effective date of the 81. Prohibition from raising capital1. Prohibition from raising capital shall be applied if it is considered that the convicted corporate legal entity might harm human life, health or society if it keeps operating in such Types of prohibition from raising capitala Prohibition from taking loans from banks, credit institutions, and investment funds;b Prohibition from issuance and securities offering;c Prohibition from raising capital from clients;d Prohibition from cooperation and association both in Vietnam and overseas;dd Prohibition from establishing real estate The court shall decide on one or some of the types of prohibition specified in Clause 2 of this The duration of prohibition from raising capital is from 01 to 03 years from the effective date of the 82. Judicial measures taken against corporate legal entities committing criminal offences1. The Court may decide to take the following judicial measures against a corporate legal entity committing criminal offencesa The judicial measures specified in Article 47 and Article 48 hereof;c Compulsory restoration of original state;c Compulsory implementation of some measures for mitigation and prevention of The court may require the offending entity to restore the original state which was changed by its criminal The court, on a case-by-case basis, may require the offending entity to implement one or some of the following measures for mitigation and prevention of consequences of the offencea Compulsory dismantlement of the work or part of the work that is not licensed or built against the license;b Compulsory relief of environmental pollution or spread of disease;c Compulsory removal from Vietnam’s territory or re-export of goods, vehicles taken into Vietnam’s territory against regulations of law, or those temporarily imported but have not been re-exported as prescribed by law; imported or transited goods that infringe intellectual property rights; counterfeit goods; vehicles, raw materials imported for manufacture or trading of counterfeit goods after the elements of violation have been removed;d Compulsory destruction of goods or items that harm health of humans, animals, plants, and the environment; obscene materials or other exhibits subject to destruction as prescribed by law;dd Compulsory removal of violation elements on the goods, goods labels, means of trading, or items; e Compulsory recall of violating products being sold on the 83. Basis for deciding punishments against offending corporate legal entitiesThe Court, pursuant to this Code and in consideration of the nature and danger of the criminal offence to society, offending entity's observation of law, mitigating and aggravating factors, to decide the 84. Mitigating factors mitigating factors and criminal responsibility of corporate legal entity1. The following circumstances are mitigating factorsa The offender has prevented or reduced the harm caused by the criminal offence;b The offender voluntarily makes rectification, pays damages, or relieves the consequences;c The criminal offence has not caused any damage or the damage caused is insignificant;d The offender offers cooperation with proceeding agencies during the proceedings;dd The offender has considerable contributions to implementation of social When deciding the punishments, the Court might consider the offender's other circumstances as mitigating factors and specify the reasons in the If a circumstance defined as a mitigating factor this Code is the basis for determination of a crime or punishment bracket, it shall not be considered a mitigating factor in the decision on 85. Aggravating factors applied to corporate legal entities1. The following circumstances are considered aggravating factorsa Committing the criminal offence in collusion with another corporate legal entity;b Deliberately committing the criminal offence to the end;C The offence has been committed more than once;d Recidivism or dangerous recidivism;dd The offender takes advantage of war, state of emergency, natural disaster, epidemic, or other tragic circumstances of society to commit the criminal offence;e The offender makes use of sophisticated tricks to commit or conceal the criminal Circumstances defined by this Code as the basis for determination of a criminal offence or punishment bracket shall not be considered an aggravating 86. Decision on punishment for commitment of multiple criminal offencesWhen a corporate legal entity is tried for multiple criminal offences, the Court shall decide the punishment for each of them and combined punishment as follows1. Primary punishmenta If all punishments are fines, they shall be aggregated; b Punishments being suspension of activities in specific fields shall not be combined;c Fines shall not be combined with other punishments;2. Additional punishmenta If all of the punishments imposed are the of the same type, the combined punishment shall not exceed the limits specified in this Code applied to such punishment; fines shall be aggregated;b If the punishments imposed are of various types, the convicted corporate legal entity must serve all of 87. Combination of punishments of multiple judgments1. If a corporate legal entity that is serving a sentence is tried for a criminal offence committed before such sentence is imposed, the Court shall decide the sentence for the criminal offence being tried, and then the combined sentence as prescribed in Article 86 duration of the previous sentence that is suspension of operation, prohibition from operating in certain fields, or prohibition from raising capital shall be deducted from that of the combined When a corporate legal entity that is serving a sentence commits a new criminal offence, the Court shall decide the sentence for the new offence, then aggregate it with the unserved part of the sentence to make the combined sentence as prescribed in Article 86 hereof. 3. If a corporate legal entity is serving multiple sentences that are not combined, the executive judge of the Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of this 88. Exemption of punishmentAn offending corporate legal entity may be exempt from punishment after the damage has been repaired and compensation has been 89. Expungement of convictionA convicted corporate legal entity shall automatically have its conviction expunged if it does not commit any new criminal offence for 02 years from the day on which the primary punishments, additional punishments, other decisions of the judgment are served, or from the expiration of the time limit for execution of the XIIREGULATIONS APPLIED TO JUVENILE OFFENDERSSection 1. GENERAL REGULATIONS ON CRIMINAL PROSECUTION AGAINST JUVENILE OFFENDERSArticle 90. Application of Criminal Code to juvenile offendersA person aged from 14 to under 18 who commits a criminal offence shall take criminal responsibility in accordance with this Chapter, other regulations of Part One hereof that do not contravene this 91. Rules for taking actions against juvenile offenders1. Actions against juvenile offenders must be taken in their best interests and for the purpose of education, helping them to rectify their wrongdoing, develop healthily, and become a helpful taken against juvenile offenders depend on their ages, awareness of their criminal acts, reasons, and circumstances in which the criminal offences are A juvenile offender who commits a criminal offence in any of the following cases and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereofa 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 141 Rape; Article 171 Snatching; Article 248 Illegal manufacture of narcotic substances; Article 249 Illegal storage of narcotic substances; Article 250 Illegal trafficking of narcotic substances; Article 251 Illegal dealing in narcotic substances; Article 252 Appropriation of narcotic substances hereof; b A person aged from 14 to under 16 deliberately commits a very serious crime or serious crime specified in Clause 2 Article 12 hereof, except for the cases specified in Article 134 homicide; 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 intercourse with a person aged from 13 to under 16; Article 150 Human trafficking; Article 151 Trafficking of a person aged under 16; Article 168 Robbery; Article 171 Snatching; Article 248 Illegal manufacture of narcotic substances; Article 249 Illegal storage of narcotic substances; Article 250 Illegal trafficking of narcotic substances; Article 251 Illegal dealing in narcotic substances; Article 252 Appropriation of narcotic substances hereof; c The juvenile offender is an accomplice who has a minor role in the commitment of the criminal Criminal prosecution against a juvenile offender shall only be initiated if necessary with account taken of his/her record, the danger to society of his/her offence, and requirements for crime 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 Section 2 or compulsory education in a correctional institution specified in Section 3 of this Chapter do not have sufficient educational and deterrent Life imprisonment and death sentence shall not be imposed upon a juvenile The court shall only impose imprisonment upon a juvenile offender if it is considered that other punishments and educational measures do not have sufficient deterrent imprisonment is necessary, it shall be as short as is reasonable and more lenient that than applied to a person aged 18 and above hereinafter referred to as adult offender who commits a similar punishments shall not be shall not be imposed upon a juvenile A sentence imposed upon an offender aged under 16 shall not be used as the basis for determination of recidivism or dangerous 2. SUPERVISORY AND EDUCATIONAL MEASURES IN CASE OF EXEMPTION FROM CRIMINAL RESPONSIBILITYArticle 92. ConditionsThe investigating authority, the Procuracy, or the court shall only grant exemption of criminal responsibility and issue reprimand, call for reconciliation, or implement compulsory educational measures in the community if the juvenile offender or his/her legal representative accepts one of such measures. Article 93. Reprimand1. A reprimand shall be issued against a juvenile offender in the following cases in order to help him/her be aware of his/her criminal act and it consequences for the community, society, and his/her obligations a An offender aged from 16 to under 18 commits a less serious crime for the first time;b An offender aged under 18 is an accomplice who has an insignificant role in the commitment of the 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 legal The reprimanded person has the obligations toa Comply with the law, rules of his/her community, school, and workplace;b Report for duty at the request of a competent authority;c Participate in educational programs and vocational training programs held by the local government; do appropriate 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 01 94. Reconciliation1. Reconciliation shall be applied to a juvenile offender in the following cases a An offender aged from 16 to under 18 commits a less serious crime or serious crime;b An offender aged from 14 to under 16 commits a very serious crime specified in Point b Clause 2 Article 91 The investigating authority, the Procuracy, or the court shall cooperate with the People’s Committee of the commune to organize the reconciliation when the victim or his/her legal representative voluntarily seek reconciliation and request exemption of criminal The person subject to reconciliation has the obligations toa Offer the victim apologies and pay damages;b Fulfill the obligations specified in Clause 3 Article 93 95. Compulsory educational measures in the commune1. The investigating authority, the Procuracy, or the court may apply education in the commune for 01 to 02 years to a juvenile offender in the following casesb 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;b An offender aged from 14 to under 16 commits a very serious crime specified in Point b Clause 2 Article 91 The subject to supervisory and educational measures has the obligations toa Fulfill his/her study and work duties;b Be supervised and educated by his/her family and commune government;c Not leave the commune without permission;d Fulfill the obligations specified in Clause 3 Article 93 If the person subject to educational measures has served one half of the duration and shows remarkable improvements, the agency that imposes the measures may terminate the measures at the request of the People’s Committee of the 3. COMPULSORY EDUCATION IN CORRECTIONAL INSTITUTIONSArticle 96. Education in correctional institutions1. The court may subject a juvenile offender to compulsory education in correctional institutions for 01 - 02 years if the criminal act is considered serious or the measure is necessary because of his/her record or living The person sent to a correctional institution must fulfill his/her study and work duties under the supervision of the 97. Early termination of education in correctional institutionsIf the person subject to educational measures has served one half of the duration and shows remarkable improvements, the court may terminate the measures at the request of the 4. PUNISHMENTSArticle 98. Punishments imposed upon juvenile offendersA juvenile offender shall face one of the following punishments for each criminal offence committed1. Warning;2. Fine;3. Community sentence;4. 99. FineA fine shall be imposed as an administrative penalty upon an offender aged from 16 to under 18 if he/she has income or private fine incurred by an offender aged from 16 to under 18 shall not exceed one half of the fine specified by the 100. Community sentence1. Community sentence shall be imposed upon an offender aged from 16 to under 18 who involuntarily commits a less serious crime, serious crime, or very serious crime, or an offender aged from 14 to under 16 who deliberately commits a very serious When community sentence is imposed upon a juvenile offender, his/her income must not be duration of community sentence imposed upon a juvenile offender shall not exceed one third of the duration specified by the 101. Determinate imprisonment1. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed 18 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed three quarters of the duration prescribed by law;2. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the 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 an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by 5. SENTENCE DECISION, COMBINED DECISION, SENTENCE EXEMPTION OR COMMUTATION, CONVICTION EXPUNGEMENTArticle 102. Decision on a sentence for preparation of a crime or incomplete crime1. The court shall impose a sentence upon a juvenile offender for preparation of a crime or unsuccessful crime in accordance with Clause 1 Article 57 The heaviest sentence imposed upon an offender aged from 14 to under 16 for preparation of a crime shall not exceed one third of the sentence for preparation of a crime prescribed by heaviest sentence imposed upon an offender aged from 16 to under 18 for preparation of a crime shall not exceed one third of the sentence in the bracket for preparation of a crime prescribed by law. 3. The heaviest sentence imposed upon an offender aged from 16 to under 18 for unsuccessful crime shall not exceed one third of the heaviest sentence specified in Article 100 and Article 101 heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the sentence specified in Article 99 through 101 103. Combined sentence for multiple crimes1. Where a juvenile offender commits multiple crimes, the court shall impose a sentence for each of them and a combined sentence in accordance with Article 55 the combined sentence is community sentence, the duration shall not exceed 03 years. If the combined sentence is determinate imprisonment, its duration shall not exceed 18 years for an offender aged from 16 to under 18, and 12 years for an offender aged from 14 to under Where a juvenile offender commits multiple crimes and one or some of which are committed before he/she reaches the age of 16, and the other afterwardsa If the sentence for the crime committed before the offender reaches the age of 16 is heavier or the same as that for the crime committed afterwards, the combined sentence shall not exceed the heaviest sentence imposed upon an offender aged from 14 to under 16 prescribed in Clause 1 of this Article;a If the sentence for the crime committed after the offender has reached the age of 16 is heavier or the same as that for the crime committed before the offender reaches the age of 16, the combined sentence shall not exceed the heaviest sentence imposed upon an offender aged from 14 to under 16 prescribed in Clause 1 of this Article;3. Where a juvenile offender commits multiple crimes and one or some of which are committed when he/she reaches the age of 18, and the other afterwardsa If the sentence for the crime committed before the offender reaches the age of 18 is heavier or the same as that for the crime committed afterwards, the combined sentence shall not exceed the heaviest sentence specified in Clause 1 of this Article;b If the sentence for the crime committed when the offender has reached the age of 18 is heavier or the same as that for the crime committed before the offender reaches the age of 18, the combined sentence shall be the same as that imposed upon an adult 104. Combination of punishments of multiple judgmentsIf a person who is serving a sentence is tried for a crime committed before or after such sentence is imposed, the Court shall impose a combined sentence in accordance with Article 55 and Article 56 combined sentence must not exceed the heaviest sentence specified in Article 103 105. Sentence commutation1. If a juvenile offender who is sentenced to community sentence or imprisonment has shown improvements and has served one quarter of the sentence, the court shall consider commuting the sentence. Each commutation may reduce the sentence by up to 04 years, provided the offender has to serve at least 2/5 of the If a juvenile offender who is sentenced to community sentence or imprisonment has made reparation in an effort to atone for the crime or has a fatal disease, commutation shall be considered and the remaining sentence may be If the sentence imposed upon a juvenile offender is a fine but he/she is facing prolonged financial hardship due to a natural disaster, conflagration, accident, or disease, or has made reparation in an effort to atone for the crime, the court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining 106. Conditional parole1. A juvenile offender who is serving an imprisonment sentence may be given a parole if all of the following conditions are satisfied, except for the cases specified in Clause 2 Article 66 hereofa The convict does not have prior criminal record; b He/she shows remarkable improvements;c The convict has served one third of the sentence duration;d The prisoner has a fixed residence;2. Conditional parole shall be granted in accordance with Clause 3 through 5 Article 66 107. Expungement of conviction1. A juvenile offender shall be treated as if he/she does not have a conviction in any of the following casesa The offender is from 14 to under 16 years of age;b The offender aged from 16 to under 18 is convicted of a less serious crime, serious crime, or an involuntary very serious crime;c Judicial measures specified in Section 3 of this Chapter are A person aged from 16 to under 18 who is convicted of a deliberate very serious crime or extremely serious crime shall automatically have his/her conviction expunged if he/she does not commit any new crime for 03 years from the day on which the primary sentence is served or from the expiration of the time limit for sentence TwoCRIMINAL OFFENCESChapter XIIIOFFENCES AGAINST NATIONAL SECURITYArticle 108. High treason1. Any Vietnamese citizen who colludes with foreign entities in infringing the independence, sovereignty, and territorial integrity of Vietnam, the socialism regime, and the State of Socialist Republic of Vietnam, its national defense and security shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or If the offence involves multiple mitigating factors, imprisonment duration shall be 07 - 15 Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 109. Activities against the people's governmentAny person who establishes or joins an organization that acts against the people's government shall face the following sentences1. The organizer, instigator, or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or death;2. Any accomplice shall face a penalty of 05 - 12 years' imprisonment;3. Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 110. Espionage 1. A person who commits any of the acts below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or deatha Espionage, sabotage, or establishment of facilities serving espionage against Socialist Republic of Vietnam;b Establishment of facilities serving espionage or sabotage under the direction of foreign entities; spying, informing, concealing, guiding, or other acts that assist foreigners in espionage or sabotage;c Providing or collecting to provide classified information for foreign entities; collecting, providing other information and/or documents serving foreign entities' activities against Socialist Republic of A less serious case of this offence shall carry a penalty of 05 - 15 years' Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' A person who operates as a spy fails to accomplish his/her missions, and turns himself/herself in shall be exempt from criminal responsibility for this offence. Article 111. Infringement upon territoryAny 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 the following penalties1. The organizer or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment or life imprisonment;2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;3. Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 112. Rebellion Any person who engages in armed activities or use violence act against the people's government shall face the following penalties1. The organizer or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or death;2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;3. Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 113. Terrorism to oppose the people's government1. 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, or The following offences carry 10 - 15 years' imprisonmenta Establishing, joining a terrorist organization or an organization sponsoring terrorism;b Forcing, persuading other people to participate in terrorism; recruiting, training terrorists; manufacturing, providing weapons for terrorists;c Infringing upon bodily integrity, health of officials or other An offence that involves death threats or mental intimidation shall carry a penalty of 5 - 10 years' Terrorist acts against foreign organizations, individuals, or international organizations for the purpose of destroying the Vietnam's international relationship also carry the penalties specified in this Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 114. Sabotaging facilities of Socialist Republic of Vietnam;1. Any person who, for the purpose of opposing the people's government, sabotages political, national defense, national security, economic, scientific, technological, cultural, or social facilities of Socialist Republic of shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or A less serious case of this offence shall carry a penalty of 05 - 15 years' Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 115. Sabotaging implementation of socio-economic policies1. Any person who, for the purpose of opposing the people's government, sabotages the implementation of socio-economic policies shall face a penalty of 07 - 15 years' A less serious case of this offence shall carry a penalty of 03 - 07 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 06 - 36 months'' 116. Sabotaging implementation of solidarity policies1. Any person, for the purpose of opposing the people's government, commits any of the following acts shall face a penalty of 07 - 15 years' imprisonmenta Sowing divisions between the classes of people, between the people and people's government, the people’s armed forces, or socio-political organizations;b Causing hostility, discrimination, secession, infringement upon equality rights among the ethnic communities of Vietnam;c Sowing division between religion followers and non-followers, between religions, between religion followers and people's government or socio-political organizations;d Sabotaging the implementation of international solidarity A less serious case of this offence shall carry a penalty of 02 - 07 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 06 - 36 months' 117. Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam1. Any person, for the purpose of opposing the State of Socialist Republic of Vietnam, commits any of the following acts shall face a penalty of 05 - 12 years' imprisonmenta Making, storing, spreading information, materials, items whose that contains distorted information about the people's government;b Making, storing, spreading information, materials, items whose that contains fabricated information to cause dismay among the people;b Making, storing, spreading information, materials, items to cause psychological An extremely serious case of this offence shall carry a penalty of 10 - 20 years' Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 01 - 05 years' 118. Disruption of security1. Any person who, for the purpose of opposing the people's government, incites, persuades, gathers other people to disrupt security, resists law enforcement officers in the performance of their duties, obstruct the operation of agencies or organizations shall face a penalty of 05 - 15 years' imprisonment, except for the cases specified in Article 112 Any accomplice shall face a penalty of 02 - 07 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 06 - 36 months'' 119. Disruption of detention facilities1. Any person who, for the purpose of opposing the people's government, causes disruption at a 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' imprisonment or life A less serious case of this offence shall carry a penalty of 03 - 10 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' 120. Organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government 1. Any person who, for the purpose of opposing the people's government, assists, forces, or persuades other people to emigrate illegally shall face a penalty of 05 - 15 years' An extremely serious case of this offence shall carry a penalty of 12 - 20 years' imprisonment or life Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' 121. Illegal emigration for the purpose of opposing the people's government 1. Any person who, for the purpose of opposing the people's government, emigrates illegally shall face a penalty of 03 - 12 years' An extremely serious case of this offence shall carry a penalty of 12 - 20 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' 122. Additional punishmentA person who commits an offence specified in this Chapter may have some of his/her citizenship rights deprived of, be put under mandatory supervision, be prohibited from residence for 01 - 05 years, or have all or part of his/her property XIVOFFENCES AGAINST THE PERSON AND REPUTATIONArticle 123. Murder 1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or deatha Murder of 02 or more people;b Murder of a person aged under 16;c Murder of a woman with the full knowledge of her pregnancy;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;dd Murder of the murderer's grandparent, parent, caregiver, or teacher;e Murder committed right before or after committing a very serious crime or extremely serious crime;g Murder for the commission or concealment of another crime;g Murder for taking the victim's body parts;i Brutal murder;k Murder by taking advantage of the murderer's profession;l Murder using a method capable of killing many people;m Contract killing;n Murder of a gangster-like nature;o Organized murder;p Dangerous recidivism;q Murder from despicable Murder in cases other than those specified in Clause 1 of this Article carry a penalty of 07 - 15 years' Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 124. Murder or abandoning of a newborn child1. 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' A mother who, under the impact of obsolete belief or in a special and objective circumstance, 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 of the 125. Voluntary manslaughter in the heat of passion1. Anyone who commits voluntary manslaughter in the heat of passion under a circumstance provoked by the victim's serious illegal actions against the murderer or the murderer's family members shall face a penalty of 06 - 36 months' The murder of 02 or more people under provocation shall carry a penalty of 03 - 07 years' 126. Voluntary manslaughter due to the use of unjustified force in self-defense or while capturing a criminal1. A murder of a person due to the use of unjustified force in self-defense or while capturing a criminal carries a penalty of up to 02 years' community sentence or 03 - 24 months' The murder of 02 or more people in this case shall carry a penalty of 02 - 05 years' 127. Voluntary manslaughter by a law enforcement officer in performance of his/her official duties1. Any law enforcement officer who, in performance of his/her official duties, causes the death of another person due to the use of violence in cases other than those justified by law shall face a penalty of 05 - 10 years' Murder in any of the following cases shall carry a penalty of 08 - 15 years' imprisonmenta Murder of 02 or more people;b Murder of a person aged under 16; murder of a woman with the full knowledge of her pregnancy. 3. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 128. Involuntary manslaughter1. A person who commits an involuntary manslaughter shall face a penalty of up to 03 years' community sentence or 01 - 5 years' The murder of 02 or more people in this case shall carry a penalty of 03 - 10 years' 129. Involuntary manslaughter due to misconduct in professional practice or administrative rules1. A person who commits an involuntary murder because of misconduct in professional practice or administrative rules shall face a penalty of 01 - 05 years' The murder of 02 or more people in this case shall carry a penalty of 05 - 12 years' The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 130. Coercing suicide1. Any person who cruelly treats, frequently oppresses, abuses, or humiliates his/her care-dependent to such an extent that the care-dependent commits suicide shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed against 02 or more people;b The offence is committed against a person aged under 16 or a woman with the full knowledge of her pregnancy. Article 131. Inciting or aiding another person to commit suicide 1. A person who commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Inciting, counseling, persuading another to commit suicide;b Providing financial or spiritual support for another to commit An offence that results in the suicide of 02 or more people shall carry a penalty of 02 - 07 years' 132. Failure to assist a person in peril1. Any person who is capable of but fails to assist a person in peril resulting in the death of such person shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offender is the one who causes the peril the victim was in;b The offender has a duty to rescue by law or by his/her professional An offence that results in the death of 02 or more people shall carry a penalty of 03 - 07 years' The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 133. Threat of murder1. A person who threatens to commit a murder shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment if there are grounds for the threatened person to believe that the threat is likely to be carried This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed against 02 or more people;b The offence involves abuse of the offender's position or power;c The threat is made against a law enforcement officer in performance of his/her official duties or because of his/her official duties;d The threat is made against a person aged under 16;dd The threat is meant to conceal another criminal offence or avoid punishment for such 134. Deliberate infliction of bodily harm upon another person1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% physical disability or not exceeding 11% physical disability in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta A dangerous weapon or method is used to harm 02 or more people;b Sulfuric acid H2SO4 or another hazardous chemical is used to inflict bodily harm upon another person;c The act results in a mild handicap of the victim;d The offence has been committed more than once;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 old and weak, sick , or defenseless person; g The victim is the offender's grandparent, parent, caregiver, or teacher;h The offence is committed by an organized group;i The offence involves abuse of the offender's position or power;k The offence is committed while the offender is kept in temporary detention, serving his/her sentence in a prison or correctional institution or rehabilitation center;l The offender hires another person or is hired to inflict bodily harm to the victim;m The offence is of a gangster-like nature;n Dangerous recidivism;o The offence is made against a law enforcement officer in performance of his/her official duties or because of his/her official duties;2. A person who deliberately inflicts bodily harm upon another people and causes 11% - 33% 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' A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% physical disability shall face a penalty of 04 07 years' 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' A person who deliberately inflicts bodily harm upon another person and causes ≥ 61% physical disability, except for the case in Point c Clause 6 of this Article, or the death of the victim shall face a penalty of 10 - 15 years' This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence results in the death of 02 or more people;b The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability;c The offence results in ≥ 61% physical disability in the victim's face;7. Any person who makes preparation for the commitment of this offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' 135. Deliberate infliction of bodily harm upon others in the heat of passion1. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% physical disability in the heat of passion provoked by the victim's serious violations of law against the offender or the offender's family member shall face a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a penalty of 06 - 36 months'' imprisonmenta The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% physical disability;b The offence results in ≥ 61% physical disability or death of the 136. Deliberate infliction of bodily harm because of unjustified force in capturing criminals1. Any person who deliberately inflicts 31% - 60% physical disability to another person because of unjustified force in capturing criminals shall incur a fine of VND 5,000,000 - VND 20,000,000 or face a penalty of up to 03 years' community sentence. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 02 years' imprisonmenta The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% physical disability;b The offence results in ≥ 61% physical disability of the If this offence results in the death of a person or bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability, the offender shall face a penalty of 01 - 03 years' 137. Deliberate infliction of bodily harm by a law enforcement officer in performance of his/her official duties 1. Any law enforcement officer in performance of his/her official duties who uses violence under circumstances other than those in which infliction of bodily harm is permitted by law or deliberately inflicts bodily harm upon another person and causes 31% - 60% physical disability shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability;b The offence results in ≥ 61% physical disability of the victim;c The offence is committed against a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick, or defenseless The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 138. Involuntary infliction of bodily harm upon others1. Any person who involuntarily inflicts 31% - 60% physical disability to another person shall receive a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or face a penalty of up to 03 years' community sentence. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 02 years' imprisonmenta The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% physical disability;b The offence results in ≥ 61% physical disability of the If this offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability, the offender shall face a penalty of 01 - 03 years' 139. Involuntary infliction of bodily harm because of professional misconduct or breach of administrative rules1. Any person who, because of misconduct in professional practice or violations against administrative rules, involuntarily inflicts 31% - 60% physical disability upon another person shall be liable to a fine of VND 20,000,000 - VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 06 - 36 months' imprisonmenta The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% physical disability;b The offence results in ≥ 61% physical disability of the If this offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability, the offender shall face a penalty of 01 - 05 years' The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 140. Abuse 1. A person who maltreats or humiliates his/her dependent, except for the cases specified in Article 185 hereof, shall face a penalty of up to 03 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick , or defenseless person;b The victim suffers from 11% mental and behavioral disability or above because of the offence;c The offence is committed against 02 or more 141. Rape1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment;c The offence is committed by more than one person against one person;d The offence has been committed more than once;dd The offence is committed against 02 or more people;e The offence is of an incestuous nature;g The offence results in the victim's pregnancy;h The offence results in 31% - 60% physical disability of the victim;i The victim suffers from 11% - 45% mental and behavioral disability because of the offence;k Dangerous This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence results in ≥ 61% physical disability of the victim;b The offender commits the offence in the knowledge of his HIV infection;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The offence results in the death or suicide of the The offence committed against a person aged from 16 to under 18 shall carry a penalty of 05 - 10 years' person commits the offence in any of the cases specified in Clause 2 or Clause 3 shall face corresponding penalties specified in The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 142. Rape of a person under 161. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonmenta Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under Engaging in sexual intercourse or other sexual activities with a person under This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence is of an incestuous nature;b The offence results in the victim's pregnancy;c The offence results in 31% - 60% physical disability of the victim;d The victim suffers from 11% - 45% mental and behavioral disability because of the offence;dd The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment;e The offence has been committed more than once;g The offence is committed against 02 or more people;h Dangerous This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment, or deatha The offence is committed by an organized group;b The offence is committed by more than one person against one person;c The offence is committed against a person under 10;d The offence results in ≥ 61% physical disability of the The victim suffers from 46% mental and behavioral disability or above because of the offence;e The offender commits the offence in the knowledge of his HIV infection;g The offence results in the death or suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 143. Sexual abuse1. Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by more than one person against one person;b The offence has been committed more than once;c The offence is committed against 02 or more people;d The offence is of an incestuous nature;dd The offence results in the victim's pregnancy;e The offence results in 31% - 60% physical disability of the victim;g The victim suffers from 11% - 45% mental and behavioral disability because of the offence;h Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 18 years' imprisonmenta The offence results in ≥ 61% physical disability of the victim;b The victim suffers from 46% mental and behavioral disability or above;c The offender commits the offence in the knowledge of his HIV infection;d The offence results in the death or suicide of the If this offence is committed against a person aged from 16 to under 18, the offender shall face a penalty of 02 - 07 years' person commits the offence in any of the cases specified in Clause 2 or Clause 3 shall face corresponding penalties specified in The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 144. Sexual abuse of a person aged from 13 to under 161. Any person who employs trickery to make a person aged from 13 to under 16 who is his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 05 - 10 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is of an incestuous nature;b The offence results in the victim's pregnancy;c The offence results in 31% - 60% physical disability of the victim;d The victim suffers from 11% - 45% mental and behavioral disability because of the offence;dd The offence has been committed more than once;e The offence is committed against 02 or more people;g Dangerous This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence is committed by more than one person against one person;b The offence results in ≥ 61% physical disability of the victim;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The offender commits the offence in the knowledge of his HIV infection;dd The offence results in the death or suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 161. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in cases other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence has been committed more than once;b The offence is committed against 02 or more people;c The offence is of an incestuous nature;d The offence results in the victim's pregnancy;dd The offence results in 31% - 60% physical disability of the victim;e The offence is committed against a person for whom the offender is responsible for providing care, education, or medical This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in ≥ 61% physical disability of the victim;b The offender commits the offence in the knowledge of his HIV The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 146. Molestation of a person under 161. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta Organized crime;b The offence has been committed more than once;c The offence is committed against 02 or more people;d The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment;dd The victim suffers from 11% - 45% mental and behavioral disability because of the offence;e Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The victim suffers from 46% mental and behavioral disability or above because of the offence;b The offence results in the suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 147. Employment of a person under 16 for pornographic purposes1. Any person aged 18 or over who persuades, entices, forces a person under 16 to participate in a pornographic performance or watch a pornographic performance in any shape or form shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta Organized crime;b The offence has been committed more than once;c The offence is committed against 02 or more people;d The offence is committed against a person for whom the offender is responsible for providing care, education, or medical treatment;dd The offence is committed for commercial purposes;e The victim suffers from 11% - 45% mental and behavioral disability because of the offence;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The victim suffers from 46% mental and behavioral disability or above because of the offence;b The offence results in the suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 148. Transmission of HIV to others1. A person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to another person, unless the victim knows the it and voluntarily engages in sexual intercourse, shall face a penalty of 01 - 03 years' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed against 02 or more people;b The offence is committed against a person aged under 18;c The offence is committed against a woman with the full knowledge of her pregnancy;d The offence is committed against the physician or health worker who directly provides treatment for the offender;dd The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official 149. Deliberate transmission of HIV to others1. Any person who deliberately transmits HIV to another person in cases other than those specified in Article 148 hereof shall face a penalty of 03 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence is committed against a law enforcement officer in performance of his/her duty or because of his/her official duties;c The offence is committed against a person under 18;d The offence is committed against 02 - 05 The offence is committed by taking advantage of the offender's profession;e The victim suffers from 11% - 45% mental and behavioral disability because of the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence is committed against a woman with the full knowledge of her pregnancy;b The offence is committed against 06 or more people;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The offence results in the suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 150. Human trafficking 1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 - 10 years' imprisonmenta Transferring or receiving human people for transfer for money, property, or other financial interests;b Transferring or receiving human people for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;c Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a or Point b of this This offence committed in any of the following cases shall carry a penalty of 08 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence is committed by despicable motives;c The victim suffers from 11% - 45% mental and behavioral disability because of the offence;d The offence results in 31% physical disability or more of the victim, except for the case specified in Point b Clause 3 of this Article;dd The victim is taken across the border out of Vietnam;e The offence is committed against 02 - 05 people;g The offence has been committed more than This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence is committed in a professional manner;b The victim's body part has been taken;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The offence results in the death or suicide of the victim;dd The offence is committed against 06 or more people;e Dangerous recidivism;4. The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years, or have all or part of his/her property 151. Trafficking of a person under 161. A person who commits any of the following acts shall face a penalty of 07 - 12 years' imprisonmenta Transferring or receiving a person under 16 for transfer for money, property, or other financial interests, except for humanitarian purposes;b Transferring or receiving a person under 16 for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;c Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a or Point b of this This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmentb The offence involves abuse of the offender's position or power;b The offender commits the offence by taking advantage of child adoption;c The offence is committed against 02 - 05 people;d The offence is committed against a person for whom the offender is responsible for providing care;dd The victim is taken across the border out of Vietnam;e The offence has been committed more than once;g The offence is committed by despicable motives;h The victim suffers from 11% - 45% mental and behavioral disability because of the offence;i The offence results in 31% physical disability or more of the victim, except for the case specified in Point d Clause 3 of this This offence committed in any of the following cases shall carry a penalty of 18 - 20 years' imprisonment or life imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The victim's body part has been taken;dd The offence results in the death or suicide of the victim;e The offence is committed against 06 or more people;g Dangerous The offender may also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, be put under mandatory supervision for 01 - 05 years, or have all or part of his/her property 152. Swapping a person under 01 year of age1. Any person who swaps a person under 01 year of age with another shall face a penalty of 02 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's position or power;c The offence is committed against a person for whom the offender is responsible for providing care;d The offence has been committed more than once;3. This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence is committed in a professional manner;b Dangerous The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 153. Abduction of a person under 161. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 - 10 years' imprisonment2. This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's position or power;c The offence is committed against a person for whom the offender is responsible for providing care;d The offence is committed against 02 - 05 The offence has been committed more than once;e The victim suffers from 11% - 45% mental and behavioral disability because of the offence;g The offence results in ≥ 31% physical disability of the This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence is committed in a professional manner;b The offence is committed against 06 or more people;c The victim suffers from 46% mental and behavioral disability or above because of the offence;d The offence results in the death of the victim;dd Dangerous The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 154. Trading, appropriation of human tissues or body parts1. Any person who deals in or appropriates human tissues or other body parts shall face a penalty of 03 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence is committed for commercial purposes;c The offence involves abuse of the offender's position or power;d The offence is committed against 02 - 05 The offence has been committed more than once;e The offence results in 31% - 60% physical disability of the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence is committed in a professional manner;b The offence results in ≥ 61% physical disability of the The offence is committed against 06 or more people;d The offence results in the death of the victim;dd Dangerous The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 155. Insults to another person1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 02 years' imprisonmenta The offence has been committed more than once;b The offence is committed against 02 or more people;c The offence involves abuse of the offender's position or power;d The offence is committed against a law enforcement officer in performance of his/her official duties;dd The offence is committed against a person who cares for, teaches, raises, or provides medical treatment for the offender;e The offence is committed using a computer network, telecommunications network, or electronic device;g The victim suffers from 11% - 45% mental and behavioral disability because of the This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The victim suffers from 46% mental and behavioral disability or above because of the offence;b The offence results in the suicide of the The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 156. Slander1. A person who commits any of the following acts shall be liable for a fine of from VND 10,000,000 to VND 50,000,000, face a penalty of up to 02 years' community sentence or 03 - 12 months' imprisonmenta Fabricating information or spreading false information to harm another person's reputation or infringes upon another person's lawful rights and interests;b Accusing a person of a fabricated crime report it to the This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence is committed against 02 or more people;d The offence is committed against the offender's grandparent, parent, or a person who cares for, teaches, raises, or provides medical treatment for the offender;dd The offence is committed against a law enforcement officer in performance of his/her official duties;e The offence is committed using a computer network, telecommunications network, or electronic device;g The victim suffers from 11% - 45% mental and behavioral disability because of the offence;h Accusing another person of a very serious crime or extremely serious crime which is This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by despicable motives;b The victim suffers from 46% mental and behavioral disability or above;c The offence results in the suicide of the The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 XVOFFENCES AGAINST PERSONAL LIBERTY, CITIZENS' RIGHTS TO FREEDOM AND DEMOCRACYArticle 157. Illegal arrest, detention, or imprisonment of a person1. Any person arrests, detains, or imprisons another person against the law, except for the cases specified in Article 377 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence is committed against a law enforcement officer in performance of his/her official duties;d The offence has been committed more than once;dd The offence is committed against 02 or more people;e The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an elderly, sick, or defenseless The offence results in the victim's extreme hardship or predicament;h The victim suffers from 11% - 45% mental and behavioral disability because of the offence;3. This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence results in the victim's death or suicide; b The victim is tortured or treated in a brutal and inhuman way, or the victim's dignity is destroyed;c The victim suffers from 46% mental and behavioral disability or over because of the The offender might be forbidden from holding certain positions for 01 - 05 158. Home infringement 1. Any person who commits any of the following acts shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonmenta Illegally searching another person's home;b Using violence or threatening to use violence or other illegal tricks to force another person to leave his/her lawful home; c Using illegal tricks to occupy a home or obstruct its lawful residents or managers from entering their home;d Breaking in another person's home without the consent of its owner or This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence has been committed more than once;d The offence results in the suicide of the victim;dd The offence has a negative impact on social safety, order, and The offender might be forbidden from holding certain positions for 01 - 05 159. Infringement upon secret information, mail, telephone, telegraph privacy, or other means of private information exchange 1. A person who recommits any of the following acts after being disciplined or incurring an administrative penalty shall receive a warning, be liable to a fine of from VND 20,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence a Appropriation of another person's mails, telegraphs, telex, faxes, or other documents which are transmitted on the postal or telecommunications network in any shape or form;b Deliberately damaging, losing, or obtaining another person's mails, telegraphs, telex, faxes, or other documents which are transmitted on the postal or telecommunications network;c Listening or recording conversations against the law;d Searching, confiscating mails or telegraphs against the law;dd Other acts that infringe upon secret information, mail, telephone, telegraph privacy, or other means of private information This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence has been committed more than once;d The obtained information is disclosed and affects another person's dignity or reputation;dd The offence results in the suicide of the The offender may also be liable to a fine of from VND 5,000,000 to VND 20,000,000, be prohibited from holding certain positions for 01 - 05 160. Infringement upon citizens' right to vote or self-nominate, or vote upon referendum1. A person who uses deception, bribery, coercion, or other tricks to obstruct a citizen from exercising his/her right to vote, self-nominate, or vote upon a referendum held by the State shall receive a warning or face a penalty of up to 01 year' community sentence or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 01 - 02 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence results in postponement of the election day, re-election, or postponement of the referendum. 3. The offender might be forbidden from holding certain positions for 01 - 05 161. Falsification of election or referendum result1. Any person who is responsible for organizing, supervising the election or organizing the referendum and fabricate documents, votes, or uses other tricks to falsify the election or referendum result shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence results in postponement of the election or referendum. 3. The offender might be forbidden from holding certain positions for 01 - 05 162. Forcing officials to resign or laying off workers against the law1. Any person who, for self-seeking purposes or another private motive, commits any of the following acts which results in the laid off person or his/her family extreme hardship or strike shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonmenta Issuing illegal decisions on dismissal of an official;b Laying off a worker against the law;c Forcing or threatening an official or worker to This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' imprisonmenta The offence is committed against 02 or more people;b The offence is committed against a woman whose pregnancy is known by the offender;c The offence is committed against a woman raising a child under 12 months of age;d The offence results in the suicide of the person who resigns or is laid The offender might be forbidden from holding certain positions for 01 - 05 163. Infringement upon citizens' right to association1. Any person uses violence, threat to use violence, or other tricks to obstruct or force other people to associate or hold meeting despite the fact that he/she was disciplined or incurred a civil penalty for the same offence shall face a penalty of up to 01 year's community sentence or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence has been committed more than once;d The offence results in a demonstration;dd The offence has a negative impact on social safety, order, and The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 164. Infringement upon the freedom of religion1. Any person who uses violence, threat to use violence, or other tricks to obstruct a person from exercising his/her freedom of religion or force another person to follow or not to follow a specific religion despite the fact that he/she was disciplined or incurred a civil penalty for the same offence shall face a penalty of up to 01 year's community sentence or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence has been committed more than once;d The offence results in a demonstration;dd The offence has a negative impact on social safety, order, and The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 165. Infringement of gender equality1. A person who, for reason of gender, obstructs another person from participate in activities in terms of politics, economics, labor, education, science and technology, culture, information, sports, healthcare despite the fact that he/she was disciplined or incurred a civil penalty for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 2 years' community This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 100,000,000 or a penalty of 03 - 24 months' imprisonmenta The offence involves the abuse of the offender's position or power;b The offence has been committed more than once;c The offence is committed against 02 or more The offender might also be forbidden from holding certain positions, practicing his/her profession, or doing certain jobs for 01 - 05 166. Infringement of the right to complain or denounce1. A person who commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Use of violence, threat to use violence, or other tricks to obstruct the process of complaining or denunciation, the consideration and settlement of complaints and denunciation, or the taking of actions against the person complained or denounced against;b Abuse of position or power in obstructing the decision of an authority competent to consider and settle complaints and denunciations which results in damage incurred by the complainer or This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b Revenge is taken on the complainer or denouncer;c The act specified in Point a Clause 1 of this Article involves the abuse of the offender's position or power;d The offence results in a demonstration;dd The offence results in the suicide of the complainer or The offender might be forbidden from holding certain positions for 01 - 05 167. Infringement upon freedom of speech, freedom of the press, the right of access to information, and the right to protest of citizens1. Any person who uses violence, threat to use violence, or other tricks to obstruct a citizen from exercising his/her freedom of speech, freedom of the press, right of access to information, or right to protest despite the fact that he/she was disciplined or incurred a civil penalty for the same offence shall face a penalty of up to 02 year's community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence involves abuse of the offender's her position or power;c The offence has a negative impact on social safety, order, and The offender might be forbidden from holding certain positions for 01 - 05 XVIOFFENCES AGAINS RIGHTS OF PROPERTYArticle 168. Robbery1. Any person who uses violence, threat of immediate violence, or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offence results in 11% - 30% physical disability of the victim;d The offender uses a dangerous weapon, device, or other dangerous methods to commit the offence;dd The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;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 The offence has a negative impact on social safety, order, and security;h Dangerous This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;b The offence results in 31% - 60% physical disability of the victim;c The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 18 - 20 years' imprisonment or life imprisonmenta The property taken is assessed at VND 500,000,000 or over;b The offence results in bodily harm of 01 person who suffers from ≥ 61% physical disability, or bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability of 02 or more victims;c The offence results in the death of the victim;d The offender takes advantage of a war or state of emergency to commit the Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years, or have all or part of his/her property 169. Kidnapping for ransom 1. Any person who takes another person hostage for ransom shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offender uses a dangerous weapon, device, or other dangerous methods to commit the offence;d The offence is made against a person under 16;dd The offence is committed against 02 or more people;e The ransom demanded is from VND 50,000,000 to under VND 200,000,000;g The offence results in 11% - 30% physical disability of the hostage;h The victim suffers from 11% - 45% mental and behavioral disability because of the offence;i The offence has a negative impact on social safety, order, and security;k Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 18 years' imprisonmenta The ransom demanded is from VND 200,000,000 to under VND 500,000,000;b The offence results in 31% - 60% physical disability of the hostage;c The victim suffers from 46% mental and behavioral disability or above because of the offence;4. This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The ransom demanded is VND 500,000,000 or over;b The offence results in bodily harm of 01 person who suffer from ≥ 61% physical disability, or bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability;c The offence results in 46% mental and behavioral disability or above of 02 or more people;d The offence results in the death of the Any person who makes preparation for the commitment of this offence shall face a penalty of 01 - 05 years' The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years, or have all or part of his/her property 170. Extortion 1. Any person who uses violence, threat of violence, or mental intimidation to obtain another person's property shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c 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;d The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;dd The offence has a negative impact on social safety, order, and security;e Dangerous recidivism;3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;b The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The property obtained is assessed at VND 500,000,000 or over;b The offender takes advantage of a war or state of emergency to commit the The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or have all or part of his/her property confiscated. Article 171. Snatching 1. Any person who snatches another person's property shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;d The offender employs a dangerous method to commit the offence;dd The offender attacks other people to escape;e The offence results in 11% - 30% physical disability of another person;g 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;h The offence has a negative impact on social safety, order, and security;i Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;b The offence results in 31% - 60% physical disability of another person;c The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The property obtained is assessed at VND 500,000,000 or over;b The offence results in bodily harm of 01 person who suffers from 61% physical disability, or bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability;c The offence results in the death of the victim;d The offender takes advantage of a war or state of emergency to commit the The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000. Article 172. Blatant appropriation of property 1. A person who indiscriminately takes property 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' imprisonmenta The offender previously incurred a civil penalty for appropriation of property;b The offender has a previous conviction for blatant appropriation of property or any of the criminal offences specified in Article 168, 169, 170, 171, 173, 174, 175 and 290 hereof which has not been expunged;c The offence has a negative impact on social safety, order, and security;d The property appropriated is the primary means of livelihood of the victim and the victim's family; the property appropriated is a souvenir, memento, or religious item that has a spiritual value to the This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The property appropriated is assessed at from VND 50,000,000 to under VND 200,000,000;b The offender attacks other people to escape;c Dangerous The property obtain is emergency or humanitarian relief;dd The property appropriated is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;b The property appropriated is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The property obtained is VND 500,000,000 or over;b The property appropriated is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this The offender takes advantage of a war or state of emergency to commit the The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000. Article 173. Theft1. 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' imprisonmenta The offender previously incurred a civil penalty for appropriation of property;b The offender has a previous conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof which has not been expunged;c The offence has a negative impact on social safety, order, and security;d The property stolen is the primary means of livelihood of the victim and the victim's family; the property taken is a souvenir, memento, or religious item that has a spiritual value to the This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;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;d The offender employs a deceitful method or a dangerous method to commit the offence;dd The offender attacks other people to escape;e The property stolen is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;b The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;c The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The property stolen is VND 500,000,000 or over;b The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;c The offender takes advantage of a war or state of emergency to commit the The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000. Article 174. Obtaining property by fraud1. A person who uses deception to obtain 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' imprisonmenta The offender previously incurred a civil penalty for appropriation of property;b The offender has a previous conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof which has not been expunged;c The offence has a negative impact on social safety, order, and security;d The property obtained is the primary means of livelihood of the victim and the victim's family; the property obtained is a souvenir, memento, or religious item that has a spiritual value to the This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;d Dangerous recidivism;dd The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;e The offender employs deceitful methods to commit the offence;g The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;b The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this The offender takes advantage of a natural disaster or epidemic to commit the This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The property stolen is VND 500,000,000 or over;b The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this The offender takes advantage of a war or state of emergency to commit the The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 175. Abuse of trust to appropriate property1. A person who commits any of the following acts to obtain another person's property which is assessed at from VND 4,000,000 to under VND 50,000,000, or to obtain another person's property which is assessed at under VND 4,000,000 despite the fact that he/she incurred a civil penalty for property appropriation or has a previous conviction for this offence or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof which has not been expunged, or to obtain another person's property which is the primary means of livelihood of the victim or has a spiritual value to the victim shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay or return the property when the repayment or return of property is due despite he/she is capable of doing Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender's inability to repay or return the This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;d The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;dd The offender employs deceitful methods to commit the offence;e Dangerous recidivism;3. This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;b The offence has a negative impact on social safety, order, and If the property obtained is assessed at from VND 500,000,000 or over, the offender shall face a penalty of 12 - 20 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 176. Illegal impoundment of property1. Any person who finds or mistakenly receives a piece of property which is assessed at from VND 10,000,000 to under VND 200,000,000, a relic, an antique, an item of historical or cultural value but deliberately fails to return it to its legitimate owner or fails to submit it a competent authority after the owner or the competent authority requests the return or submission of such property as prescribed by law shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' If the property obtained is assessed at VND 200,000,000 or over or national treasure, the offender shall face a penalty of 01 - 05 years' 177. Illegal use of property1. Any person who, for self-seeking purposes, illegally uses a piece of property of another person which is assessed at from VND 100,000,000 to under VND 500,000,000 despite the fact that he/she was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, or illegally uses a property which is a relic, an antique, or an item of historical or cultural value, except for the case specified in Article 220 hereof, shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 , face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 100,000,000 or a penalty of 01 - 05 years' imprisonmenta The property illegally used is assessed at from VND 500,000,000 to under VND 1,500,000,000;b The property illegally used is national treasure;c The offence has been committed more than once;d The offence involves abuse of the offender's position or power;dd Dangerous If the property obtained is assessed at VND 1,500,000,000 or over, the offender shall face a penalty of 03 - 07 years' The offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 178. Deliberate destruction of property1. Any person who deliberately destroy another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property which is a relic or item of historical or cultural value or property which is assessed at under VND 2,000,000 in any of the following cases shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offender previously incurred a civil penalty for appropriation of property;b The offender has a previous conviction for the same offence which has not been expunged;c The offence has a negative impacts on social safety, order, and security;dd The property destroyed is the primary means of livelihood of the victim and the victim's family; the property obtained is a souvenir, memento, or religious item that has a spiritual value to the This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;c The property damaged is national treasure;d The offence is committed using a flammable substance or other dangerous methods;dd The offence is committed to conceal another crime;e The offence is committed because of the victim's official duties;g The property damaged is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this Article;h Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The property damaged is assessed at from VND 200,000,000 to under VND 500,000,000;b The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this This offence committed in any of the following cases shall carry a penalty of 10 - 20 years' imprisonmenta The property damaged is assessed at VND 500,000,000 or over;b The property damaged is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the cases specified in Point a through d Clause 1 of this The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 179. Negligence that results in property damage of the State, an agency, organization, or enterprise1. Any person responsible for management of property of the State, an agency, organization, or enterprise and causes property damage which is assessed at from VND 100,000,000 to under VND 500,000,000 because of his/her negligence shall be liable to a fine of from VND 100,000,000 to VND 500,000,000, receive a warning, or face a penalty of up to 3 years' community If the property damage is assessed at from VND 500,000,000 to under VND 2,000,000,000, the offender shall face a penalty of 01 - 05 years' If the property damage is assessed at VND 2,000,000,000 or over, the offender shall face a penalty of 05 - 10 years' The offender might also be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 180. Involuntary infliction of serious property damage1. Any person who involuntarily inflicts a damage to another person's property which is assessed at from VND 100,000,000 to under VND 500,000,000 shall receive a warning or face a penalty of up to 02 years' community sentence. 2. If the damaged is assessed at VND 500,000,000 or over, the offender shall face a penalty of 03 - 24 months' XVIICRIMINAL OFFENCES AGAINST FAMILY LAWArticle 181. Forced marriage or divorce, obstruction of voluntary and civilized marriage, obstruction of voluntary divorceAny person who forces another person to marry against his/her will, obstructs another person from marrying or maintaining their voluntary and civilized marriage, forces or obstructs a divorce by means of abuse, mental intimidation, demand for property, or other methods despite the fact that he/she incurred a civil penalty for the same offence shall receive a warning or face a penalty of up to 03 years' community sentence or 03 - 36 months' 182. Adultery1. Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following cases shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonmenta The offence results in the divorce of one or both parties;b The offender previously incurred a civil penalty for the same This offence committed in any of the following cases shall carry a penalty of 06 - 36 months'' imprisonmenta The offence results in the suicide of the spouse or child of either party;b The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such 183. Organization of child marriageAny person who organizes a marriage entered into by a person under the marriageable age despite the fact that he/she incurred a civil penalty for the same offence shall be liable to a fine of from VND 10,000,000 to VND 30,000,000 or face a penalty of up to 02 years' community 184. IncestAny person who engages in sexual intercourse with another person in the knowledge that he/she is in a consanguineous relationship, a sibling or half-sibling shall face a penalty of 01 - 05 years' 185. Maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver1. Any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild, or caregiver in any of the following cases shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The victim suffers from regular physical and mental pain;b The offender previously incurred a civil penalty for the same This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy, or an old and weak person;b The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal 186. Denial or avoidance of obligation to provide supportIf a person who has an obligation to provide support and is capable of providing support for another person for whom the offender is responsible for providing support under a court decision denies or avoids such obligation and such denial or avoidance results in serious bodily harm of the recipient or the offender previously incurred a civil penalty for the same offence, the offender shall receive a warning, face a penalty of up to 02 year's community sentence or 03 - 24 months' 187. Surrogacy for commercial purposes1. A person who organizes surrogacy for commercial purposes shall be liable for a fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed against 02 or more people;b The offence has been committed more than once;c The offence is committed in the name of an agency or organization;d Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 XVIIIECONOMIC OFFENCESSection 1. CRIMINAL OFFENCES AGAINST REGULATIONS OF LAW ON PRODUCTION, BUSINESS, AND TRADEArticle 188. Smuggling1. Any person who conducts deals in the following goods across the border or between a free trade zone and the domestic market against the law shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonmenta Goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Article 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof;b Relics, antiques, or items of historical or cultural value. 2. This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;d The illegal profit reaped is from VND 100,000,000 to under VND 500,000,000;dd The illegal goods are national treasure;e The offence involves the abuse of the offender's position or power;g The offence is committed in the name of an agency or organization;h The offence has been committed more than once;i Dangerous This offence committed in any of the following cases shall carry a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 7 - 15 years' imprisonmenta The illegal goods are assessed at from VND 500,000,000 to under VND 1,000,000,000;b The illegal profit reaped is from VND 500,000,000 to under VND 1,000,000, This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The illegal goods are assessed at VND 1,000,000,000 or over;b The illegal profit reaped is VND 1,000,000,000 or over;c The offender takes advantage of a war, natural disaster, epidemic, or other extreme hardship to commit the offence. 5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000 if the smuggled items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000 or relics, antiques, or items of historical or cultural values despite the fact that the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Point d of this Clause;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000; d A corporate legal entity that commits this offence in the case specified in Clause 4 of this Article shall be liable to a fine of from VND 7,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;dd A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;e The violating entity might also be liable to a fine of from VND 50,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 189. Illegal transport of goods or money across the border1. Any person who illegally transports the following goods across the border or between a free trade zone and the domestic market shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years community sentence or 03 - 24 months' imprisonmenta Goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000, or under VND 100,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Article 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof;b Relics, antiques, or items of historical or cultural value. 2. This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' imprisonmenta The offence is committed by an organized group;b The illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;c The illegal goods are national treasure;d The offence involves the abuse of the offender's position or power;dd The offence is committed in the name of an agency or organization;e The offence has been committed more than once;g Dangerous If the illegal goods are assessed at VND 500,000,000 or over, the offender shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a penalty of 05 - 10 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 200,000,000 to VND 500,000,000 if the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000, or relics, antiques, or items of historical or cultural values and the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 188, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Point d of this Clause;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to VND 2,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 190. Manufacturing and trading of banned goods1. Any person who manufactures or deals in goods banned from trading, using, or that have not been permitted for trading or using in Vietnam by the State in the following cases shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonmenta The illegal goods are chemicals, antibiotics, veterinary medicines, pesticides banned from farming, breeding, aquaculture, salt production, preparation, processing, preservation of agriculture, forestry, aquaculture products, and salts;b Other illegal goods that are assessed at from VND 100,000,000 to under VND 300,000,000;c The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;d Other illegal goods assessed at under VND 100,000,000 or the illegal profit earned is under VND 50,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 188, 189, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged;dd Banned goods assessed at from VND 50,000,000 to under VND 100,000,000 are traded across the border or between a free trade zone and the domestic market, illegal profit reaped is from VND 20,000,000 to under VND 50,000, This offence committed in any of the following cases shall carry a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence involves the abuse of the offender's position or power;c The offence is committed in the name of an agency or organization;d The offence is committed in a professional manner;dd Illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;e The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;g Banned goods in the cases specified in Point a through d Clause 1 of this Article are traded across the border or between a free trade zone and the domestic market;h Dangerous This offence committed in any of the following cases shall carry a penalty of 08 - 15 years' imprisonmenta The illegal goods are assessed at VND 500,000,000 or over;b The illegal profit earned is VND 500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 191. Storage, transport of banned goods1. Any person who manufactures or deals in goods banned from trading, using, or that have not been permitted for trading or using in Vietnam by the State in the following cases, except for the cases specified in Article 249, 250, 253, 254, 304, 305, 306, 309 and 311 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonmenta The illegal goods are chemicals, antibiotics, veterinary medicines, pesticides banned from farming, breeding, aquaculture, salt production, preparation, processing, preservation of agriculture, forestry, aquaculture products, and salts;b The illegal goods are assessed at from VND 100,000,000 to under VND 300,000,000;c The illegal profit reaped is from VND 50,000,000 to under VND 200,000,000;d Other illegal goods are assessed at under VND 100,000,000 or illegal profit is under VND 50,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 188, 189, 190, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged;dd Banned goods assessed at from VND 50,000,000 to under VND 100,000,000 are trafficked across the border or between a free trade zone and the domestic market, illegal profit reaped is from VND 20,000,000 to under VND 50,000, This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence involves the abuse of the offender's position or power;c The offence is committed in the name of an agency or organization;d The offence is committed in a professional manner;dd Illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;e The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;g Banned goods in the cases specified in Point a through d Clause 1 of this Article are traded across the border or between a free trade zone and the domestic market;h Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The illegal goods are assessed at VND 500,000,000 or over;b The illegal profit reaped is VND 500,000,000 or over;c Banned goods in the cases specified in Point a, b, c, d, dd, e and h Clause 2 of this Article are traded across the border or between a free trade zone and the domestic The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 192. Manufacturing and trading of counterfeit goods1. Any person who manufactures or deals in counterfeit goods in the following cases shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonmenta The counterfeit goods are assessed at from VND 20,000,000 to under VND 100,000,000 according to their selling prices, posted prices or prices on invoices;b The quantity of counterfeit goods is equivalent to an amount of genuine goods or goods of the same specifications or uses assessed at from VND 30,000,000 to under VND 150,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;c The counterfeit goods are assessed at under VND 20,000,000 according to their selling prices, posted prices or prices on invoices, or the quantity of counterfeit goods is equivalent to an amount of genuine goods or goods of the same specifications or uses assessed at under VND 30,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has a previous conviction for any of the aforementioned offences which has not been expunged;dd The counterfeit goods assessed at under VND 20,000,000 according to their selling prices, posted prices or prices on invoices, or the quantity of counterfeit goods is equivalent to an amount of genuine goods or goods of the same specifications or uses assessed at under VND 30,000,000 but they result in either 31% - 60% physical disability of a person; total physical disability of 31% - 60% of 02 or more people, property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000 according to their selling prices, posted prices or prices on invoices;e The quantity of counterfeit goods is equivalent to an amount of genuine goods or goods of the same specifications or uses assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;g The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;h The offence results in the death of a person;i The offence results in ≥ 61% physical disability of a person;k The offence results in totally 61% physical disability or over of 02 or more people;l The property damage is from VND 500,000,000 to under VND 1,500,000,000;m Counterfeit goods in the cases specified in Clause 1 of this Article are traded across the border or between a free trade zone and the domestic market;n Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The production cost of counterfeit goods is VND 100,000,000 or over;b The counterfeit goods are assessed at VND 200,000,000 or over according to their selling prices, posted prices or prices on invoices;c The quantity of counterfeit goods is equivalent to an amount of genuine goods or goods of the same specifications or uses assessed at VND 500,000,000 or over if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;d The illegal profit earned is VND 500,000,000 or over;dd The offence results in the death of 02 or more people;e The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability;g The offence results in totally 122% physical disability or over of 02 or more people;h The property damage is VND 1,500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 50,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 193. Manufacturing and trading of counterfeit food or food additives1. Any person who manufactures or deals in counterfeit food or food additives shall face a penalty of 02 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c Dangerous The offence involves the abuse of the offender's position or power;dd The offence is committed in the name of an agency or organization;e Counterfeit goods are trafficked across the border or between a free trade zone and the domestic market;g The counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000 according to their selling prices, posted prices or prices on invoices;h The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;i The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;k The offence results in 31% - 60% physical disability of a person;l The offence results in totally 31% - 60% physical disability of 02 or more people;m The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;3. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The counterfeit goods are assessed at VND 200,000,000 or over according to their selling prices, posted prices or prices on invoices;b The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at VND 500,000,000 or over if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;c The illegal profit reaped is from VND 500,000,000 to under VND 1,500,000,000;d The offence results in the death of a person;dd The offence results in ≥ 61% physical disability of a person;e The offence results in totally 61% - 121% physical disability of 02 or more people;g The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;4. This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The illegal profit earned is VND 1,500,000,000 or over;b The offence results in the death of 02 or more people;c The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability;d The offence results in totally 122% physical disability or over of 02 or more people;dd The property damage is VND 1,500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000; d A corporate legal entity that commits this offence in the case specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 18,000,000,000 or has its operation suspended for 06 - 36 months;dd A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;e The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 194. Manufacturing and trading of counterfeit medicines for treatment or prevention of diseases1. Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c Dangerous The offence involves the abuse of the offender's position or power;dd The offence is committed in the name of an agency or organization;e Counterfeit goods are trafficked across the border or between a free trade zone and the domestic market;g The counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000 according to their selling prices, posted prices or prices on invoices;h The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;i The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;k The offence results in 31% - 60% physical disability of a person;l The offence results in bodily harm to 02 or more people, each of whom suffers from 31% - 60% physical disability;m The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;3. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The counterfeit goods are assessed at VND 200,000,000 or over according to their selling prices, posted prices or prices on invoices;b The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at VND 500,000,000 or over if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;c The illegal profit reaped is from VND 500,000,000 to under VND 2,000,000,000;d The offence results in the death of a person;dd The offence results in ≥ 61% physical disability of a person;e The offence results in a total 61% - 121% physical disability of 02 or more people;g The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment or deatha The illegal profit earned is VND 2,000,000,000 or over;b The offence results in the death of 02 or more people;c The offence results in bodily harm to 02 or more people, each of whom suffers from ≥ 61% physical disability;dd The offence results in totally 122% physical disability of 02 or more people;dd The property damage is VND 1,500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 4,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 4,000,000,000 to VND 9,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 15,000,000,000; d A corporate legal entity that commits this offence in the case specified in Clause 4 of this Article shall be liable to a fine of from VND 15,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03 years;dd A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;e The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 195. Manufacturing and trading of counterfeit animal feeds, fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds1. Any person who manufactures or deals in counterfeit animal feeds, fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds in the following cases shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonmenta The counterfeit goods are assessed at from VND 20,000,000 to under VND 100,000,000 according to their selling prices, posted prices or prices on invoices;b The quantity of counterfeit goods is equivalent to an amount of genuine goods or goods having the same functions assessed at from VND 30,000,000 to under VND 150,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;c The counterfeit goods are assessed at under VND 20,000,000 according to their selling prices, posted prices or prices on invoices, or the quantity of counterfeit goods is equivalent to an amount of genuine goods or goods having the same functions assessed at under VND 30,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has a previous conviction for any of the aforementioned offences which has not been expunged;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c Dangerous The offence involves the abuse of the offender's position or power;dd The offence is committed in the name of an agency or organization;e Counterfeit goods are trafficked across the border or between a free trade zone and the domestic market;g The counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000 according to their selling prices, posted prices or prices on invoices;h The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;i The property damage is from VND 500,000,000 to under VND 1,500,000,000;k The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;3. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The counterfeit goods are assessed at VND 200,000,000 or over according to their selling prices, posted prices or prices on invoices;b The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at VND 500,000,000 or over if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;c The offence results in property damage of from VND 1,500,000,000 to under VND 3,000,000,000;d The illegal profit reaped is from VND 500,000,000 to under VND 2,000,000,000;4. This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The property damage is VND 3,000,000,000 or over;b The illegal profit earned is VND 2,000,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000; d A corporate legal entity that commits this offence in the case specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;dd A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;e The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 196. Hoarding1. Any person who takes advantage of the scarcity or fakes scarcity during a natural disaster, epidemic, war, or financial hardship to buy in large quantities and stockpile goods from a price stabilization program or goods priced by the State in order to earn illegal profit in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonmenta The goods are assessed at from VND 500,000,000 to under VND 1,500,000,000;b The illegal profit reaped is from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves the abuse of the offender's position or power;c The offence is committed in the name of an agency or organization;d The goods are assessed at from VND 1,500,000,000 to under VND 3,000,000,000;dd The illegal profit earned is from VND 500,000,000 to under VND 1,000,000,000;e The offence has a negative impact on social safety, order, and This offence committed in any of the following cases shall carry a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 07 - 15 years' imprisonmenta The goods are assessed at VND 3,000,000,000 or over;b The illegal profit reaped is VND 1,000,000,000 or over;c Dangerous The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 4,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 4,000,000,000 to VND 9,000,000,000; d The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 197. False advertising1. Any person who falsely advertises his/her goods or services despite the fact that he/she previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 198. Deceiving customers1. Any person that fraudulently measures goods or services or commit other fraudulent acts while buying or selling goods/services in any of the following cases shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 100,000,000, or face a penalty of up to 03 years' community sentencea The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;b The illegal profit reaped is from VND 5,000,000 to under VND 50,000, This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offence involves the use of deceitful methods;d The illegal profit earned is VND 50,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 199. Offences related to electricity supply1. Any person who commits any of the following acts and, as a result, causes bodily harm to a person who suffers 31% - 60% physical disability, causes bodily harm to 02 or more people who suffers a total 31% - 60% physical disability, or causes property damage of from VND 100,000,000 to under VND 500,000,000, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 30,000,000 to VND 150,000,000, face a penalty of up to 02 years' community sentence, or 03 - 24 months' imprisonment a Cutting electricity without legitimate reasons or notification as prescribed;b Refuses to supply electricity without legitimate reasons;c Delaying solving an electricity breakdown without legitimate reasons;2. This offence committed in any of the following cases shall carry a fine of from VND 150,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence results in the death of a person;b The offence results in bodily harm to a person who suffers ≥ 61% physical disability, or bodily harm to 02 or more people who suffer totally 61% - 121% physical disability;c The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 or more people;b The offence results in bodily harm to 02 or more people, each of whom suffers ≥ 61% physical disability, or bodily harm to 02 or more people who suffer totally ≥ 122% physical disability;c The property damage is VND 1,500,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 2. OFFENCES RELATED TO TAXATION, FINANCE, BANKING, SECURITIES, INSURANCEArticle 200. Tax evasion1. Any person who commits any of the following acts of tax evasion with an amount of tax evaded from VND 100,000,000 to under VND 300,000,000, or with an amount of tax evaded under VND 100,000,000 despite the fact that he/she previously incurred a civil penalty for the tax evasion or has a previous conviction for any of the offences specified in Article 188, 189, 190, 191, 192, 193, 194, 195, 196, 202, 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof which has not been expunged, shall be liable to a fine of from VND 100,000,000 to VND 500,000,000 or face a penalty of 03 - 24 months' imprisonment;a Failure to submit the application for tax registration; failure to submit tax declaration; failure to submit tax declarations on schedule as prescribed by law;b Failure to record revenues related to the determination of tax payables in accounting books;c Failure to issue invoices after selling goods/services or write lower values on invoices than actual values of goods/services sold;d Use illegal invoices or vouchers to record purchased goods and raw materials that results in reduction of tax payable or increase exempt, reduced, deductible, or refundable tax;dd Use of other illegal documents to falsify the amount of tax payable or increase exempt, reduced, deductible, or refundable tax;e Making incorrect herbal ingredients of exported or imported goods without making an additional declaration after goods are granted customs clearance;g Deliberately omitting tax or declaring incorrect tax on exported or imported goods;h Colluding with the shipper to import goods;i Using tax-free goods, goods eligible for tax exemption or conditional tax exemption for improper purposes without notifying the change of purposes to the tax This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,500,000,000 or a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The amount of tax evaded is from VND 300,000,000 to under VND 1,000,000,000;c The offence involves the abuse of the offender's position or power;d The offence has been committed more than once;dd Dangerous If the evaded tax is VND 1,000,000,000 or over, the offender shall be liable to a fine of from VND 1,500,000,000 to VND 4,500,000,000 or face a penalty of 02 - 07 years' The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea Any corporate legal entity that commits an offence specified in Clause 1 of this Article despite the fact that it previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 201. Usury in civil transactions1. Any person who offers loans at an interest rate that is five times higher than the maximum interest rate specified in the Civil Code and earns an illegal profit of from VND 30,000,000 to under VND 100,000,000 or previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community If the illegal profit is VND 100,000,000 or over, the offender shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of 06 - 36 months' The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 202. Making, dealing in fake stamps or tickets1. Any person who makes or deals in fake stamps or tickets in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The quantity of fake stamps or tickets without face values is from 15,000 to under 30,000 pieces;b The value of fake stamps or tickets having face values is from VND 50,000,000 to under VND 200,000,000;c The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;d The illegal profit reaped is from VND 30,000,000 to under VND 100,000,000;2. This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves the abuse of the offender's position or power;c The quantity of fake stamps or tickets without face values is 30,000 pieces or over;d The value of fake stamps or tickets having face values is VND 200,000,000 or over;dd The illegal profit earned is VND 100,000,000 or over;c Dangerous The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 203. Printing, issuing, dealing in illegal invoices and receipts for payment of state revenues1. Any person who prints, issues, deals in illegal blank invoices and receipts for payment of state revenues with a quantity of 50 - 100, or illegal filled invoices and receipts with a quantity of 10 - 30 or the illegal profit earned is from VND 30,000,000 to under VND 100,000,000 shall be liable to a fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offence involves the abuse of the offender's position or power;d The quantity of blank invoices and receipts is 100 or over; the quantity of filled invoices and receipts is 30 or over;dd The illegal profit earned is VND 100,000,000 or over;e The loss incurred by state budget is VND 100,000,000 or over;g Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 100,000,000 to VND 500,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to VND 1,000,000,000;c A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;d The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 204. Violations against regulations on preservation, management of invoices and receipts for payment of state revenues1. Any person responsible for preservation, management of invoices and receipts that violate regulations of the State on storage and management of invoices and receipts and causes a loss of from VND 100,000,000 to under VND 500,000,000 incurred by the state budget or another person shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years community This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 06 - 03 years' imprisonmenta The offence has been committed more than once;b The loss is VND 500,000,000 or The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 205. Establishing illegal funds1. Any person who abuses his/her position or power to establish a fund against and causes damage to state property of from VND 50,000,000 to under VND 200,000,000 or previously incurred a civil penalty for the same offence shall be liable to a fine of from VND 50,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence. 2. This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta Deceitful methods are employed to avoid control;b The fund is established to commit other illegal acts;c The damage to state property is from VND 200,000,000 to under VND 1,000,000,000;3. If the damage to state property is VND 1,000,000,000 or over, the offender shall face a penalty of 05 - 10 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 206. Violations against regulations on operation of credit institutions and branches of foreign banks 1. A person who deliberately commits any of the following acts that lead to a property damage of from VND 100,000,000 to under VND 300,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonmenta Extending credit to entities ineligible for credit extension, except for credit cards;b Extending credits without guarantee or extending credits with preferential conditions for entities ineligible for credit extension as prescribed by law;c Trespassing credit safety limits prescribed by the Law on credit institutions or falsely increasing value of collateral during assessment in order to extend credit;d Violations against regulations on total credit balance applied to entities restricted from credit extension;dd Extending credits beyond the limit of existing capital to a client and relevant persons, unless the competent person grants an approval as prescribed by law;e Violations against regulations on capital contribution, capital contribution limit, shares purchase, conditions for credit extension or asset trading;g Issuing, providing, using of illegal payment facilities; forging payment documents or payment facilities; using fake payment documents or payment facilities; engaging in banking operation without permission by a competent If offence results in property damage of from VND 300,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 03 - 07 years' If offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000,000, the offender shall face a penalty of 07 - 12 years' If offence results in property damage of VND 3,000,000,000 or over, the offender shall face a penalty of 12 - 20 years' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 207. Production, storage, transport of counterfeit money1. Any person who produces, stores, or transports counterfeit money shall face a penalty of 03 - 07 years' If value of counterfeit money is from VND 5,000,000 to under VND 50,000,000, the offender shall face a penalty of 05 - 12 years' If value of counterfeit money is VND 50,000,000 or over, the offender shall face a penalty of 10 - 20 years' imprisonment or life A person who prepares for the commission of this offence shall face a penalty of up to 03 years' community sentence or 01 - 03 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or have all or part of his/her property 208. Production, storage, transport, circulation of counterfeit negotiable instruments or other valuable papers1. Any person who produces, stores, transports, or circulates counterfeit negotiable instruments or other valuable papers shall face a penalty of 02 - 07 years' If value of counterfeit negotiable instruments or valuable papers is from VND 10,000,000 to under VND 100,000,000, the offender shall face a penalty of 05 - 10 years' If value of counterfeit negotiable instruments or valuable papers is from VND 100,000,000 to under VND 300,000,000, the offender shall face a penalty of 10 - 15 years' If value of counterfeit negotiable instruments or valuable papers is VND 300,000,000 or over, the offender shall face a penalty of 15 - 20 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or have all or part of his/her property 209. Provision of false information or concealment of information in securities activities1. Any person who deliberately provides false information or conceals information in offering, listing, trading securities, market organization, registration, depositing, clearing, or paying for securities in any of the following cases shall be liable to a fine of from VND 100,000,000 to VND 500,000,000 or up to 02 years' community sentence or 03 - 24 months' imprisonmenta The loss incurred by investors is from VND 1,000,000,000 to under VND 3,000,000,000;b The illegal profit reaped is from VND 500,000,000 to under VND 1,000,000,000;c The offender previously incurred a civil penalty for the same This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 2,000,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The illegal profit reaped is VND 1,000,000,000 or over;c The loss incurred by investors is VND 3,000,000,000 or over;d Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;c The violating corporate legal entity might also be prohibited from operating in certain fields or raising capital for 01 - 03 210. Use of internal information for trading securities1. Any person who has information about a public company or public fund which has not been published and could remarkably affect securities price of that public company or public fund but and uses such information to deal in securities or discloses it or provides it for another person for trading securities and earns an illegal profit of from VND 300,000,000 to under VND 1,000,000,000 or causes a loss to investors of from VND 500,000,000 to under VND 1,500,000,000 shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 07 - 36 months' This offence committed in any of the following cases shall carry a fine of from VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The illegal profit reaped is VND 1,000,000,000 or over;c The loss incurred by investors is VND 1,500,000,000 or over;d Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;c The violating corporate legal entity might also be prohibited from operating in certain fields or raising capital for 01 - 03 211. Manipulation of securities market1. A person who deliberately commits any of the following acts and earns a profit of from VND 500,000,000 to under VND 1,500,000,000 or causes a loss to investors of from VND 1,000,000,000 to under VND 3,000,000,000 shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 06 - 36 months' imprisonmenta Using one or multiple accounts of the offender or another person, or colluding with another person, to continuously buying and selling securities in order to create false demand and supply;b Colluding with another person to place orders for purchase and sale of the same type of securities within the day, or selling and buying securities without actual transfer of ownership or ownership is only transferred within the group in order to create false demand and supply;c Continuously buying or selling securities with a controlling quantity at the opening or closing time of the market in order to create a new closing price or opening price for such type of securities on the market;d Trading securities by colluding with another person or persuade another person to continuously place securities purchase and sale orders to remarkably affect the demand, supply, and securities prices, or manipulate securities prices;dd Offer opinions whether directly or via the media about a type of securities or securities issuer in order to affect the price of that type of securities after a transaction has been made in order to have an advantage from Using other methods or commit other acts to create false demand and supply in order to manipulate securities This offence committed in any of the following cases shall carry a fine of from VND 2,000,000,000 to VND 4,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The illegal profit reaped is VND 1,500,000,000 or over;c The loss incurred by investors is VND 3,000,000,000 or over;d Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 250,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;c A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;d The violating corporate legal entity might also be liable to a fine of from VND 500,000,000 to VND 2,000,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 212. Forging documents in offering or listing profile1. A person who forges documents of the offering or listing profile and earns a profit of from VND 1,000,000,000 to under VND 2,000,000,000 or causes a loss to investors of from VND 1,000,000,000 to under VND 3,000,000,000 shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a fine of from VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The illegal profit earned is VND 2,000,000,000 or over;b The loss incurred by investors is VND 3,000,000,000 or over;c The offence is committed by an organized group;d Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 250,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 213. Insurance fraud1. A person who commits any of the following acts and to illegally obtain an amount of insurance payout of from VND 20,000,000 to under VND 100,000,000 or causes a damage of from VND 50,000,000 to under VND 200,000,000 shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentencea Colluding with the insured to receive indemnity or insurance payout against the law;b Forging documents, falsifying information to reject insurance claims in an occurrence;c Forging documents, falsifying information in the request for indemnity or insurance payout;d Causing damage to the offender's property or health to receive insurance benefits unless otherwise prescribed by This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 300,000,000 or a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence involves the use of deceitful methods;b The amount of insurance payout illegally obtained is from VND 100,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 200,000,000 to under VND 1,000,000,000;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The amount of insurance payout illegally obtained is VND 500,000,000 or over;b The damage is VND 1,000,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea If this offence involves any of the factors specified in Clause 1 of this Article and the amount of insurance payout illegally obtained is from VND 200,000,000 to under VND 1,000,000,000 or the damage inflicted is from VND 400,000,000 to under VND 2,000,000,000, the offender shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000;b If this offence involves any of the factors specified in Point a through d Clause 2 of this Article and the amount of insurance payout illegally obtained is from VND 1,000,000,000 to under VND 3,000,000,000 or the damage inflicted is from VND 2,000,000,000 to under VND 5,000,000,000, the offender shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;c If the insurance payout illegally obtained is VND 3,000,000,000 or over or the damage inflicted is VND 5,000,000,000 or over, the offender shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000;d The corporate legal entity that commits this offence might also be prohibited from operating in certain fields or raising capital for 01 - 03 214. Social insurance and unemployment insurance fraud1. A person who commits any of the following acts and to illegally obtain an amount of social insurance or unemployment insurance payout of from VND 10,000,000 to under VND 100,000,000 or causes a damage of from VND 20,000,000 to under VND 200,000,000 except for the cases specified in Article 174, 353 and 355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonmenta Forging or falsifying social insurance or unemployment insurance documents to deceive social insurance authorities;b Using forged or falsified documents to deceive social insurance authorities into providing social insurance or unemployment insurance This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The amount of social insurance or unemployment insurance payout illegally obtained is from VND 100,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 200,000,000 to under VND 500,000,000;dd The offence involves the use of deceitful methods;c Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The amount of social insurance or unemployment insurance payout illegally obtained is VND 500,000,000 or over;b The damage is VND 500,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 215. Health insurance fraud1. A person who commits any of the following acts and to illegally obtain an amount of health insurance payout of from VND 10,000,000 to under VND 100,000,000 or causes a damage of from VND 20,000,000 to under VND 200,000,000 except for the cases specified in Article 174, 353 and 355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonmenta Forging medical records or prescriptions, falsely increase the quantity or types of medicines, medical equipment, services, treatment costs and other costs that are not incurred by the patient;b Forging documents, health insurance cards, or using fake, revoked, falsified health insurance cards, health insurance cards of other people in order to illegally obtain health insurance This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The amount of health insurance payout illegally obtained is from VND 100,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 200,000,000 to under VND 500,000,000;dd The offence involves the use of deceitful methods;c Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The amount of health insurance payout illegally obtained is VND 500,000,000 or over;b The damage is VND 500,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 216. Evading payment of social insurance, health insurance, unemployment insurance for workers1. A person who is responsible for paying social insurance, health insurance, and unemployment insurance for his/her workers but fails to pay or pays insufficiently for 06 months or more in any of the following cases despite the fact that he/she previously incurred a civil penalty for the same offence shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonmentb The amount of insurance contribution evaded is from VND 50,000,000 to under VND 300,000,000;b The offender evades paying pay insurance for 10 - 49 This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 06 - 36 months' imprisonmenta The offence has been committed more than once;b The amount of insurance contribution evaded is from VND 300,000,000 to under VND 1,000,000,000;c The offender fails to pay insurance for 50 - 199 workers;d The offenders collects or deducts insurance contribution from the workers as prescribed in Point a or Point b Clause 1 of this Article but fails to pay This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The amount of insurance contribution evaded is VND 1,000,000,000 or over;b The offender fails to pay insurance for 200 workers or over;c The offenders collects or deducts insurance contribution from the workers as prescribed in Point b or Point c Clause 2 of this Article but fails to pay The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 200,000,000 to VND 500,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to VND 1,000,000,000;c A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000, 3. OTHER CRIMINAL OFFENCES AGAINST ECONOMIC LAWArticle 217. Offences against regulations of law on competition1. Any person who participates in or commits any of the following violations against regulations on competition and earns an illegal profit of from VND 500,000,000 to under VND 3,000,000,000 or causes damage of from VND 1,000,000,000 to under VND 5,000,000,000 shall be liable to a fine of from VND 200,000,000 to VND 1000,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' Reaching an agreement on preventing another enterprise from participating the market or developing its business;b Reaching an agreement on eliminating another enterprise which is not a party to such agreement from the market;c Reaching an agreement on limited competition while the parties to such contract has a total market share of 30% or over, including agreement on directly or indirectly pricing goods/services; agreement on division of market, goods/services supply; agreement on restriction or control of quantity of goods/services; agreement on restriction on technological development or investment; agreement on imposition of conditions upon other enterprises for conclusion of sale contracts or forcing other enterprises to assume obligations that are not related to the This offence committed in any of the following cases shall carry a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence has been committed more than once;b The offence involves the use of deceitful methods;c The offender takes advantage of its dominant position or monopoly on the market;d The illegal profit earned is VND 5,000,000,000 or over;dd The damage incurred by other enterprises is VND 3,000,000,000 or The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the case specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000; b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 24 months;c The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, prohibited from operating in certain fields or raising capital for 01 - 03 218. Offences against regulations of law property auction 1. A person who commits any of the following violations and earns an illegal profit of from VND 30,000,000 to under VND 200,000,000 or causes damage of from VND 50,000,000 to under VND 300,000,000 shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' Making a fake list of registered bidders;b Forging documents to participate in the auction;c Colluding with other people to decrease or increase prices during a property This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The illegal profit reaped is VND 200,000,000 or over;c The damage is VND 300,000,000 or The offence has been committed more than once;dd The offence involves the use of deceitful methods;3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 219. Offences against regulations on the management and use of State-owned property that lead to losses or wastefulnessAny person who is responsible for the management and use of State-owned property but causes a loss or wastefulness assessed at from VND 100,000,000 to under VND 300,000,000, or causes a loss of wastefulness assessed at under VND 100,000,000 but was disciplined for the same offence shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The offence results in property damage of from VND 300,000,000 to under VND 1,000,000, If offence results in property damage of from VND 1,000,000,000 or over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 220. Offences against regulations on the management and use public capital that lead to serious consequences1. A person who abuses his/her position or power to commit any of the following acts and causes damage of from VND 100,000,000 to under VND 300,000,000, or causes damage of under VND 100,000,000 but was disciplined for the same offence, except for the case in Article 224 of hereof, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Violations against regulations on decision of investment policies;b Violations against regulations on establishment and assessment of investment policies;c Violations against regulations on deciding investment in programs/projects;d Violations against regulations on counseling and designing programs/ This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The offence results in damage from VND 300,000,000 to under VND 1,000,000, If offence results in damage of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 221. Offences against regulations of law on accounting that lead to serious consequences1. A person who abuses his/her position or power to commit any of the following acts and causes damage of from VND 100,000,000 to under VND 300,000,000, or causes damage of under VND 100,000,000 but was disciplined for the same offence, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Forging, falsifying accounting documents or colluding with, forcing another person to do so;b Inciting, colluding with, or forcing another person to provide or certify incorrect accounting information and data;c Omitting assets of or related to the accounting unit from its accounting books;d Destroying or deliberately damaging accounting documents before expiration of retention period prescribed in the Law on Accounting; dd Making two or more accounting book systems to omit assets, capital sources, funds of the accounting unit from its accounting This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The offence results in damage from VND 300,000,000 to under VND 1,000,000, If offence results in damage of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 222. Offences against regulations of law on bidding that lead to serious consequences1. A person who commits any of the following acts and causes damage of from VND 100,000,000 to under VND 300,000,000, or causes damage of under VND 100,000,000 but was disciplined for the same offence, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Illegally interfering bidding activities;b Colluding with other bidders in bidding;c Commit frauds in bidding;d Obstructing bidding activities;dd Committing regulations of law on assurance of fairness and transparency of bidding;e Holding contractor selection before capital sources are determined that result in inability to pay contractors;g Illegally transferring the This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the abuse of the offender's position or power;d The offence involves the use of deceitful methods;dd The offence results in damage from VND 300,000,000 to under VND 1,000,000, If offence results in damage of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 223. Collusion with taxpayer that lead to serious consequences1. A person who abuses his/her position or power to commits any of the following acts and causes a loss of tax of from VND 100,000,000 to under VND 300,000,000, or causes a loss of tax of under VND 100,000,000 but was disciplined for the same offence, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Granting tax exemption or reduction, cancellation of tax debt or fine, or refunding tax against the Law on Tax administration and other regulations of law on taxation;b Certifying a taxpayer's fulfillment of his/her tax liability against the Law on Tax administration and other regulations of law on This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The amount of tax loss is from VND 300,000,000 to under VND 1,000,000, If offence results in a tax loss of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 224. Offences against regulations of law on investment in construction that lead to serious consequences1. A person who abuses his/her position or power to commits any of the following acts and causes damage of from VND 100,000,000 to under VND 300,000,000, or causes damage of under VND 100,000,000 but was disciplined for the same offence, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Deciding investment in construction against the Law on Construction;b Making, assessing, approving a design or budget estimate, adjusting a budget estimate, accepting a construction funded by the State against the Law on Construction;c Selecting unqualified contractors to execute the construction;d Colluding with another entity in falsifying the result of project planning, survey, design, construction This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence is committed for self-seeking purposes;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The offence results in damage from VND 300,000,000 to under VND 1,000,000, If offence results in damage of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 225. Infringement of copyrights and relevant rights1. A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam and earns an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 to the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentencea Making copies of works, video recordings, audio recordings;b Making the copies of works, video recordings, audio recordings publicly This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The illegal profit reaped is VND 300,000,000 or over;d The loss incurred by the holders of copyrights and relevant rights is VND 500,000,000 or over;dd The illegal goods are assessed at VND 500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea Any corporate legal entity that commits an offence specified in Clause 1 of this Article despite the fact that it previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 24 months;c The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000 is prohibited from operating in certain fields or raising capital for 01 - 03 226. Infringement of industrial property rights1. A person who infringes upon industrial property rights to a brand name or geographical indication protected in Vietnam and earns an illegal profit of from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 200,000,000 to under VND 500,000,000 to the owner of such brand name or geographical indication, or with the violating goods assessed at from VND 200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 06 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The illegal profit reaped is VND 300,000,000 or over;d The loss incurred by the owner of the brand name or geographical indication is VND 500,000,000 or over;dd The illegal goods are assessed at VND 500,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea Any corporate legal entity that commits an offence specified in Clause 1 of this Article despite the fact that it previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;b A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 24 months;c The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 227. Offences against regulations on survey, exploration, and extraction of resources1. Any person who violates regulations of the State on survey, exploration, and extraction of resources on land, islands, inland waterway, territorial waters, exclusive economic zones, continental shelves, and airspace of Vietnam and does not have a license or operates against the license in any of the following cases, or previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 300,000,000 to VND 1,500,000,000 or face a penalty of 06 - 36 months' imprisonmenta The illegal profit from survey, exploration, extraction of water resources, petroleum, or other resources is from VND 100,000,000 to under VND 500,000,000;b The resources extracted are assessed at from VND 500,000,000 to under VND 1,000,000,000;c The offence results in 31% - 60% physical disability of a This offence committed in any of the following cases shall carry a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The illegal profit from survey, exploration, extraction of water resources, petroleum, or other resources is VND 500,000,000 or over;b The resources extracted are assessed at VND 1,000,000,000 or over;c The offence is committed by an organized group;d The offence results in an environmental emergency;dd The offence results in bodily harm to 02 people, each of whom suffers ≥ 61% physical disability; or bodily harm to 04 people, each of whom suffers ≥ 31% physical disability;e The offence results in the death of a The offender might also be liable to a fine of from VND 50,000,000 to VND 500,000, Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea Any corporate legal entity that commits the offence specified in Clause 1 of this Article despite the fact that it previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 1,500,000,000 to VND 3,000,000,000;b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 months;c The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 228. Offences against regulations on land use1. Any person who appropriates land, transfers land use right or uses land against regulations of law on management and use of land despite the fact that he/she previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 229. Offences against regulations on land management1. Any person who abuses his/her position or power to allocate, lease out land, or permit transfer of land use right, or permit land repurposing against the law in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence involves an area of paddy land from 5,000 m2 to under 30,000 m2; specialized forest, protection forest, production forest land from 10,000 m2 to under 50,000 m2; farming land and non-agricultural land from 10,000 m2 to under 40,000 m2;b The offence involves an area of farming land whose land use right is assessed at from VND 500,000,000 to under VND 2,000,000,000; non-agricultural land whose land use right is assessed at from VND 1,000,000,000 to under VND 5,000,000,000;c The offender was disciplined for the same This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves an area of paddy land from 30,000 m2 to under 70,000 m2; specialized forest, protection forest, production forest land from 50,000 m2 to under 100,000 m2; farming land and non-agricultural land from 40,000 m2 to under 80,000 m2;c The offence involves an area of farming land whose land use right is assessed at from VND 2,000,000,000 to under VND 7,000,000,000; non-agricultural land whose land use right is assessed at from VND 5,000,000,000 to under VND 15,000,000,000;d The offence has a negative impact on social safety, order, and This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence involves an area of paddy land of 70,000 m2 or over; specialized forest, protection forest, production forest land of 100,000 m2 or over; farming land and non-agricultural land of 80,000 m2;b The offence involves an area of farming land whose land use right is assessed at VND 7,000,000,000 or over; non-agricultural land whose land use right is assessed at VND 5,000,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 150,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 230. Offences against regulations on compensation, support, and relocation upon land withdrawal by the State1. A person who abuses his/her position or power to commits any of the following acts and causes property damage of from VND 100,000,000 to under VND 300,000,000, or causes property damage of under VND 100,000,000 but was disciplined for the same offence, shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Violations against regulations of law on compensation for loss of land, support, and relocation;b Violations against regulations of law on compensation for property damage and business This offence committed in any of the following cases shall carry a penalty of 03 - 12 years' imprisonmenta The offence if committed for self-seeking purposes or other selfish motives;b The offence is committed by an organized group;c The offence involves the use of deceitful methods;d The offence has a negative impact on social safety, order, and security;dd The offence results in damage from VND 300,000,000 to under VND 1,000,000, If offence results in damage of VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 131. Offences against regulations on distribution of relief money or relief goods1. Any person who abuses his/her position or power to act against regulations on distribution of relief money or relief goods and causes a loss of relief money or relief goods of from VND 100,000,000 to under VND 300,000,000 shall receive a warning, be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 02 years' community sentence. 2. This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The loss of relief money or relief goods is VND 300,000,000 or over;d The offence has a negative impact on social safety, order, and The offender might also be prohibited from holding certain positions for 01 - 05 232. Offences against regulations on extraction and protection of forests and forest product management1. A person who commits any of the following acts, except for the cases specified in Article 243 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Illegal logging in a production forest with a volume of from 20 m3 to under 40 m3 of timber of common species; from m3 to under 25 m3 of timber of endangered, rare species in Group IIA;b Illegal logging in a protection forest with a volume of from 15 m3 to under 30 m3 of timber of common species; from 10 m3 to under 20 m3 of timber of endangered, rare species in Group IIA;c Illegal logging in a specialized forest with a volume of from 15 m3 to under 30 m3 of timber of common species; from 5 m3 to under 10 m3 of timber of endangered, rare species in Group IIA; extraction of species in group IIA assessed at from VND 50,000,000 to under VND 100,000,000;d Illegal extraction of forest plants other than timber assessed at from VND 100,000,000 to under VND 200,000,000;dd Extraction of species in Group IA assessed at from VND 30,000,000 to under VND 60,000,000 or from 1 m3 to under 2 m3 of timber in a production forest, or from m3 to under m3 of timber in a protection forest, or from m3 to under 1 m3 of timber in a specialized forest or a wildlife sanctuary;e Illegal storage, transport, processing, trading of from m3 to under 3 m3 of timber of species in Group IA or alien species in Appendix I of CITES or List of endangered and rare species; from 10 m3 to under 20 m3 of timber of endangered, rare species in Group IIA or alien species in Appendix II of CITES; from 20 m3 to under 40 m3 of timber of common species;g Illegal storage, transport, processing, trading of other species of wild flora assessed at from VND 300,000,000 to under VND 600,000,000;h The volume or value of illegal goods is below the lower levels specified in Point a through e of this Clause but the offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;2. This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 02 - 07 years' imprisonmenta Illegal logging in a production forest with a volume of from 40 m3 to under 80 m3 of timber of common species; from 25 m3 to under 50 m3 of timber of endangered, rare species in Group IIA;b Illegal logging in a protection forest with a volume of from 30 m3 to under 60 m3 of timber of common species; from 20 m3 to under 40 m3 of timber of endangered, rare species in Group IIA;c Illegal logging in a specialized forest with a volume of from 30 m3 to under 60 m3 of timber of common species; from 10 m3 to under 20 m3 of timber of endangered, rare species in Group IIA;d Illegal extraction of forest plants other than timber assessed at from VND 200,000,000 to under VND 400,000,000;dd Illegal storage, transport, processing, trading of from 3 m3 to under 6 m3 of timber of species in Group IA or alien species in Appendix I of CITES or List of endangered and rare species; from 20 m3 to under 40 m3 of timber of endangered, rare species in Group IIA or alien species in Appendix II of CITES; from 40 m3 to under 80 m3 of timber of common species;e Illegal storage, transport, processing, trading of other species of wild flora assessed at from VND 600,000,000 to under VND 1,200,000,000;g The offence is committed across the border or between a free trade zone and the domestic market;h The offence is committed by an organized group;i Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta Illegal logging in a production forest with a volume of 80 m3 or over of timber of common species; 50 m3 or over of timber of endangered, rare species in Group IIA;b Illegal logging in a protection forest with a volume of 60 m3 or over of timber of common species; 40 m3 or over of timber of endangered, rare species in Group IIA;c Illegal logging in a specialized forest with a volume of 60 m3 or over of timber of common species; 20 m3 or over of timber of endangered, rare species in Group IIA;d Illegal extraction of other forest plants assessed at VND 400,000,000 or over;dd Illegal storage, transport, processing, trading of 6 m3 or over of timber of species in Group IA or alien species in Appendix I of CITES or List of endangered and rare species; 40 m3 or over of timber of endangered, rare species in Group IIA or alien species in Appendix II of CITES; 80 m3 of timber of common species;e Illegal storage, transport, processing, trading of other species of wild flora assessed at VND 1,200,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in the cases specified in Clause 1 of this Article despite the fact that it previously incurred a civil penalty for the same offence, except for the case specified in Point g Clause 1 of this Article, shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 36 months;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 06 - 36 months;d The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 233. Offences against regulations on forest management1. A person who abuses his/her position or power to commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Illegal allocation or withdrawal forest or afforestation land which involves an area of from 20,000 m2 to under 25,000 m2 of production forest, from 15,000 m2 to under 20,000 m2 of protection forest, or from 10,000 m2 to under 15,000 m2 of specialized forest, except for the case in Article 229 hereof;b Permitting illegal repurposing of forest or afforestation land which involves an area of from 10,000 m2 to under 12,500 m2 of production forest, from 7,500 m2 to under 10,000 m2 of protection forests, or from 5,000 m2 to under 7,500 m2 of specialized forest, except for the case in Article 229 hereof;c Permitting illegal extraction or transport of forest products in any of the cases specified in Clause 1 Article 232 hereof;d The offender was disciplined for the same This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c Illegal allocation or withdrawal forest or afforestation land which involves an area of from 25,000 m2 to under 40,000 m2 of production forest, from 20,000 m2 to under 30,000 m2 of protection forest, or from 15,000 m2 to under 25,000 m2 of specialized forest;d Permitting illegal repurposing of forest or afforestation land which involves an area of from 12,500 m2 to under 17,000 m2 of production forest, from 10,000 m2 to 15,000 m2 of protection forest, or from 7,500 m2 to 12,000 m2 of specialized forest;dd Permitting illegal extraction or transport of forest products in any of the cases specified in Clause 2 Article 232 This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta Illegal allocation or withdrawal forest or afforestation land which involves an area 40,000 m2 or over of production forest, 30,000 m2 or over of protection forest, or 25,000 m2 or over of specialized forest;b Permitting illegal repurposing of forest or afforestation land which involves an area 17,000 m2 or over of production forest, 15,000 m2 or over of protection forest, or 12,000 m2 or over of specialized The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain works for 01 - 05 234. Offences against regulations on management and protection of wild animals1. A person who commits any of the following acts, except for the cases specified in Article 242 and Article 244 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Illegal hunting, killing, raising, imparking, trading of Endangered, rare animals in Group IIB or animals in Appendix II of CITES assessed at from VND 300,000,000 to under VND 1,000,000,000; other common wild animals assessed at from VND 500,000,000 to under VND 1,500,000,000;b Illegal storage, transport, trading of Endangered, rare animals in Group IIB or animals in Appendix II of CITES or body parts or products thereof assessed at from VND 300,000,000 to under VND 1,000,000,000; common wild animals or body parts thereof assessed at from VND 500,000,000 to under VND 1,500,000,000;c The value of animals or body parts or products thereof is below the lower levels specified in Point a and Point b of this Clause but the offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in the name of an agency or organization;c The offence is committed using banned hunting equipment;d Hunting in a no-hunting area or during a no-hunting period;dd The illegal goods are traded or transported across the border;e The quantity of Endangered, rare animals in Group IIB or animals in Appendix II of CITES is assessed at from VND 1,000,000,000 to under VND 2,000,000,000; the quantity of common wild animals or body parts or products thereof is assessed at VND 1,500,000,000 or over;g The illegal profit reaped is from VND 200,000,000 to under VND 500,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The quantity of Endangered, rare animals in Group IIB or animals in Appendix II of CITES, body parts or products thereof is assessed at VND 2,000,000,000 or over;b The illegal profit reaped is VND 500,000,000 or The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 XIXENVIRONMENTAL OFFENCESArticle 235. Causing environmental pollution1. A person who commits any of the following acts shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonmenta Burying, dumping, discharging into the environment from 3,000 kg to under 5,000 kg of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants against the law;b Discharging into the environment from 5,000 m3/day to under 10,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations on wastes 10 times or more;c Discharging into the environment wastewater that contain radioactive substances that cause contamination from 02 - under 04 times above permissible limits in technical regulations;d Discharging into the environment from 5,000 m3/day to under 10,000 m3/day of wastewater whose pH is from 0 to under 2 or from to 14; dd Discharging into the environment 300,000 m3/day to under 500,000 m3/day of dust or exhaust gas exceeding the limits in technical regulations 10 times or more;e Burying, dumping, discharging into the environment from 200,000 kg to under 500,000 kg of conventional solid wastes against the law;g Wastes contain radioactive substances that are radioactive sources of average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits;h Dispersing radiation into the environment from 02 to under 04 times above the limits in technical This offence committed in any of the following cases shall carry a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 03 - 07 years' imprisonmenta Burying, dumping, discharging into the environment 5,000 kg or over of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants against the law;b Discharging into the environment 10,000 m3/day or over of wastewater with pollution indicators exceeding the limits in technical regulations on wastes 10 times or more;c Discharging into the environment wastewater that contain radioactive substances that cause contamination ≥ 04 times above permissible limits in technical regulations;d Discharging into the environment 10,000 m3/day or over of wastewater whose pH is from 0 to under 2 or from to 14;dd Discharging into the environment 500,000 m3/day or more of dust or exhaust gas exceeding the limits in technical regulations 10 times or more;e Burying, dumping, discharging into the environment 500,000 kg or over of conventional solid wastes against the law;g Wastes contain radioactive substances that are radioactive sources of above average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits;h Dispersing radiation into the environment ≥ 04 times above the limits in technical A person that commits any of the following acts despite the fact that he/she previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of 03 - 24 months' imprisonmenta Burying, dumping, discharging into the environment from 1,000 kg to under 3,000 kg of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants against the law;b Transferring, giving, buying, selling 2,000 kg or over of banned hazardous wastes or persistent organic pollutants against the law;c Discharging into the environment from 1,000 m3/day to 10,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations on wastes from 05 to under 10 times;d Discharging into the environment wastewater that contain radioactive substances that cause contamination from 01 - under 02 times above permissible limits in technical regulations;dd Discharging into the environment from 1,000 m3/day to under 10,000 m3/day of wastewater whose pH is from 0 to under 2 or from to 14; e Discharging into the environment from 150,000 m3/day to under 300,000 m3/day of dust or exhaust gas exceeding the limits in technical regulations 10 times or more;g Burying, dumping, discharging into the environment from 100,000 kg to under 200,000 kg of conventional solid wastes against the law;h Wastes contain radioactive substances that are radioactive sources of below average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits;i Dispersing radiation into the environment from 01 to under 02 times above the limits in technical The offender might also be liable to a fine of from VND 30,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 36 months;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 500,000,000 to VND 3,000,000,000; d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 500,000,000, prohibited from operating in certain fields for 01 - 03 236. Offences against regulations on hazardous waste management1. Any competent person who permits another entity to bury, dump, discharge from 3,000 kg to under 5,000 kg of hazardous wastes on the list of persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants against the law, or wastes containing radioactive substances that are radioactive sources of below average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment2. This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' imprisonmenta The offence involves from 5,000 kg to under 10,000 kg of hazardous wastes on the list of persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants, or wastes containing radioactive substances that are radioactive sources of average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits;b The offence is committed by an organized group;c The offence has been committed more than once;d Dangerous If the offence involves 10,000 kg or more of hazardous wastes on the list of persistent organic pollutants in Appendix A of Stockholm Convention on persistent organic pollutants, or wastes containing radioactive substances that are radioactive sources of above average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources above permissible limits, the offender shall face a penalty of 05 - 10 years' imprisonment;4. The offender might also be liable to a fine of from VND 10,000,000 to VND 150,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 237. Offences against regulations on prevention, response, and relief of environmental emergencies1. A person who commits any of the following acts shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Violations against regulations on prevention of environmental emergencies that lead to an environmental emergency;b Violations against regulations on response to and relief of environmental emergencies that lead to serious pollution or 31% physical disability or more of another person or losses of from VND 1,000,000,000 to under VND 3,000,000, This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence results in the death of a person;b The offence results in losses of from VND 3,000,000,000 to under VND 7,000,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 02 or more people;b The offence results in property damage of VND 7,000,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 5,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, prohibited from operating in certain fields for 01 - 03 238. Offences against regulations on protection of irrigation works, embankments, and disaster protection works; offences against regulations on protection of river banks1. A person who commits any of the following violations and causes bodily harm to another person who suffers from ≥ 31% physical disability or causes losses of from VND 100,000,000 to under VND 300,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonmenta Illegally building houses or works within the perimeter of irrigation works, dykes, and disaster protection works; b Destroying or damaging irrigation works, dykes, and disaster protection works; works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water, except for the cases specified in Article 303 hereof;c Illegally drilling, surveying, extracting soil, stones, sand, gravel, minerals, groundwater against;d Using explosives, causing explosion or fire within the perimeter of irrigation works, dykes, and disaster protection works; works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water, unless there is a license or in an emergency prescribed by law;dd operating reservoirs, flood diversion works, or flood control works against the procedures or technical regulations, unless it is requested by a competent This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence results in the death of a person;d The offence results in losses of from VND 300,000,000 to under VND 1,000,000,000;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 02 or more people;b The offence results in losses of VND 1,000,000,000 or The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 02 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 5,000,000,000;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, prohibited from operating in certain fields for 01 - 03 239. Bringing wastes into Vietnam’s territory1. A person who commits any of the following acts shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Bringing from 1,000 kg to 3,000 kg of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention into Vietnam’s territory;b Bringing from 70,000 kg to under 170,000 kg of other wastes into Vietnam’s This offence committed in any of the following cases shall carry a fine of from VND 1,000,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The quantity of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention is from 3,000 kg to under 5,000 kg;c The quantity of other wastes is from 170,000 kg to under 300,000 This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The quantity of hazardous wastes or persistent organic pollutants in Appendix A of Stockholm Convention is 5,000 kg or over;c The quantity of other wastes is 300,000 kg or The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 12 months;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, prohibited from operating in certain fields for 01 - 03 240. Spreading dangerous infectious diseases in human1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonmenta Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;b Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;c Other acts that spread dangerous infections in This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;b The offence results in the death of a This offence committed in any of the following cases shall carry a penalty of 10 - 12 years' imprisonmenta The offence results in a declaration of an epidemic by the Prime Minister;b The offence results in the death of 02 or more The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 241. Spreading dangerous infectious diseases in animals or plants1. A person who commits any of the following acts that spread dangerous infectious diseases in animals or plants and causes property damage of from VND 100,000,000 to under VND 500,000,000 or incurred an administrative penalty for the same offence shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Bringing or allowing another entity to bring animals, plants or products thereof or other items that are infected or carry pathogens into or out of the epidemic zone, unless otherwise prescribed by law;b Bringing or allowing another entity to bring animals, plants or products thereof that are required to undergo quarantine into Vietnam’s territory without following regulations of law on quarantine;c Other acts that spread dangerous infectious diseases in animals or This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence results in property damage of from VND 500,000,000 to under VND 1,000,000,000;b The offence results in a declaration of an epidemic by the President of the People’s Committee of a district or This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in property damage of from VND 1,000,000,000 or over;b The offence results in a declaration of an epidemic by the Minister of Agriculture and Rural The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 242. Destruction of aquatic resources1. A person who violates regulations on protection of aquatic resources in any of the following cases and causes losses to aquatic resources of from VND 100,000,000 to under VND 500,000,000 or extracts a quantity of aquatic products assessed at from VND 50,000,000 to under VND 200,000,000 or previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Using poisons, explosives, other chemicals, electricity, or fishing equipment that is banned for fishing or destructing aquatic resources;b Fishing in a banned area or temporarily banned area as prescribed by law;c Extracting species banned from fishing as prescribed by law;d Destroying the habitat of aquatic species on the list of endangered species as prescribed by law;dd Causing bodily harm to another person who suffers from 31% - 61% physical Violations against other regulations on protection of aquatic This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 05 years' imprisonmenta The offence results in losses to aquatic resources of from VND 500,000,000 to under VND 1,500,000,000 the a quantity of aquatic products extracted is assessed at from VND 200,000,000 to under VND 500,000,000;b The offence results in bodily harm to 02 people, each of whom suffers ≥ 61% physical disability; or bodily harm to 04 people, each of whom suffers ≥ 31% physical disability;c The offence results in the death of a This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in losses to aquatic resources of VND 1,500,000,000 or over, or the quantity of extracted aquatic products is assessed at VND 500,000,000 or over;b The offence results in the death of 02 or more The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;d The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 243. Forest destruction1. Any person who sets fire or destroys forests or otherwise inflicts damage to forests in any of the following cases shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence involves an area of from over 30,000 m2 to under 50,000 m2 of immature forests or contained cultivation site;b The offence involves an area of from over 5,000 m2 to under 10,000 m2 of production forest;c The offence involves an area of from over 3,000 m2 to under 7,000 m2 of protection forest;d The offence involves an area of from over 1,000 m2 to under 3,000 m2 of specialized forest;dd The offence results in losses of forest products assessed at from over VND 30,000,000 to under VND 60,000,000 for natural production forests; from over VND 50,000,000 to under VND 100,000,000 for planted production forests and forest restoration sites in case it is not possible to determine the area of destroyed forest because the offence is not committed within a limited area;e The destroyed forest area or volume of forest products is below the levels specified in Point a through dd Clause 1 of this Article but the offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in the name of an agency or organization;c Dangerous The offence involves an area of from over 50,000 m2 to under 100,000 m2 of non-forest planted trees or forest restoration site;dd The offence involves an area of from over 10,000 m2 to under 50,000 m2 of production forest;e The offence involves an area of from over 7,000 m2 to under 10,000 m2 of protection forest;g The offence involves an area of from over 3,000 m2 to under 5,000 m2 of specialized forest;h The offence results in losses of forest products assessed at from VND 60,000,000 to under VND 120,000,000 for natural production forests; from VND 100,000,000 to under VND 200,000,000 for planted production forests and forest restoration site in case it is not possible to determine the area of destroyed forest because the offence is not committed within a limited area;i The offence involves endangered, rare plants that need protection, other Group IA plants assessed at from over VND 60,000,000 to under VND 100,000,000; Group IIA plants assessed at from VND 100,000,000 to under VND 200,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves an area of 100,000 m2 of non-forest planted trees or forest restoration site or over;b The offence involves an area of 50,000 m2 of production forest or over;c The offence involves an area of 10,000 m2 of protection forest or over;d The offence involves an area of 5,000 m2 of specialized forest or over;dd The offence results in losses of forest products assessed at VND 120,000,000 or over for natural production forests; VND 100,000,000 or over for planted production forests and forest restoration site in case it is not possible to determine the area of destroyed forest because the offence is not committed within a limited area;e The offence involves endangered, rare plants that need protection, other Group IA plants assessed at VND 100,000,000 or over; Group IIA plants assessed at VND 200,000,000 or The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be prohibited from operating in certain fields or raising capital for 01 - 03 244. Offences against regulations on management and protection of endangered, rare animals1. Any person who violates regulations on management and protection of animals on the List of endangered and rare species; endangered, rare animals of Group IB or in Appendix I of CITES in any of the following cases shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 01 - 05 years' imprisonmenta Illegally hunting, killing, imparking, transporting, trading animals on the List of endangered and rare species;b Illegally storing, transporting, trading animals specified in Point a of this Clause or body parts thereof; from 02 kg to under 20 kg of elephant tusks; from kg to under 01 kg of rhino horns;c Illegal hunting, killing, raising, imparking, trading of Group IB animals or animals in Appendix I of CITES other than those specified in Point a of this Clause involving 03 - 07 individuals of class mammalia, 03 - 07 individuals of class aves or class reptilia, or 10 - 15 individuals of other classes;d Illegally storing, transporting, trading 03 - 07 vital body parts of animals of class mammalia, vital body parts of 07 - 10 individuals of class aves or class reptilia, or 10 -15 individuals of other classes specified in Point c of this Clause;dd The quantity of animals illegally hunted, killed, imparked, transported; body parts of animals illegally stored, transported, traded is below the lower limit specified in Point b through d of his Clause but the offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in the name of an agency or organization;c The offence is committed using banned hunting equipment;d Hunting in a no-hunting area or during a no-hunting period;dd The illegal goods are traded or transported across the border;e The offence involves a quantity of animals on the List of endangered and rare species or a quantity of vital body parts of 07 - 10 individuals of class mammalia, 07 - 10 individuals of class aves or class reptilia, or 10 -15 individuals of other classes of animals on the List of endangered and rare species;g The offence involves a quantity of endangered, rare animals specified in Point c Clause 1 of this Article or a quantity of vital body parts of 08 - 11 individuals of class mammalia, 11 - 15 individuals of class aves or class reptilia, or 16 -20 individuals of other classes;h The offence involves 01 - 02 elephants or vital body parts thereof; 03 - 05 bears, tigers or vital body parts thereof; from 20 kg to under 90 kg of elephant tusks; from 01 kg to under 09 kg of rhino horns;i Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence involves a quantity of animals on the List of endangered and rare species or a quantity of vital body parts of ≥ 08 individuals of class mammalia, ≥ 11 individuals of class aves or class reptilia, or ≥ 16 individuals of other classes of animals on the List of endangered and rare species;b The offence involves a quantity of endangered, rare animals specified in Point c Clause 1 of this Article or a quantity of vital body parts of ≥ 12 individuals of class mammalia, ≥ 16 individuals of class aves or class reptilia, or ≥ 21 individuals of other classes;c The offence involves ≥ 03 elephants or vital body parts thereof; ≥ 06 bears, tigers or vital body parts thereof; ≥ 90 kg of elephant tusks; ≥ 09 kg of rhino horns;4. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;c A corporate legal entity that commits this offence in any of the cases specified in Clause 3 of this Article shall be liable to a fine of from VND 10,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;d A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;dd The violating corporate legal entity might also be liable to a fine of from VND 300,000,000 to VND 600,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 245. Offences against regulations on management of wildlife sanctuaries1. Any person who violates regulations on wildlife sanctuaries in any of the following cases shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in property damage of from VND 50,000,000 to under VND 200,000,000;b The offence results in damage to the landscape, ecology in the strictly restricted area of the wildlife sanctuary with a total area of from 300 m2 to under 500 m2;c The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in property damage of from VND 200,000,000 or over;b The offence results in damage to the landscape, ecology in the strictly restricted area of the wildlife sanctuary with a total area of ≥ 500 m2;c The offence is committed by an organized group;d The offence involves the use of banned instruments or methods;dd Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 36 months;c A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;d The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 500,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 246. Importing, spreading invasive species1. A person who commits any of the following acts shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta Illegally importing invasive species or potentially invasive species assessed at from VND 250,000,000 to under VND 500,000,000, or under VND 250,000,000 but the offender previously incurred a civil penalty for the same offence;b Spreading invasive species or potentially invasive species that result in property damage of from VND 150,000,000 to under VND 500,000,000. 2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b Illegally importing invasive alien species or potentially invasive species assessed at ≥ VND 500,000,000;c Spreading invasive species or potentially invasive species that result in property damage of ≥ VND 500,000,000;d Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 500,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 Punishments incurred by a corporate legal entity that commits any of the offences specified in this Articlea A corporate legal entity that commits this offence in any of the cases specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000; b A corporate legal entity that commits this offence in any of the cases specified in Clause 2 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;c The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 1,000,000,000, be prohibited from operating in certain fields or raising capital for 01 - 03 XXDRUG-RELATED OFFENCESArticle 247. Growing opium poppy plants, coca plants, cannabis plants, or other plants containing narcotic substances1. Any person who grows opium poppy plants, coca plants, cannabis plants, or other plants containing narcotic substances in any of the following cases shall face a penalty of 06 - 36 months' imprisonmenta The offender has been reprimanded twice and enabled to earn decent living;b The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;c The offence involves a quantity of from 500 to under 3,000 This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves a quantity of ≥ 3,000 plants;c Dangerous The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000, The person who commits the offence specified in Clause 1 of this Article but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal 248. Illegal manufacturing of narcotic substances1. Any person who manufactures narcotic substances in any shape of form shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves a quantity of from 500 g to under 01 kg of opium poppy resin, cannabis resin, or coca glue; e The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA; g The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;h The offence involves a quantity of from 100 ml under 200 ml of other liquid narcotic substances;i Dangerous recidivism;k The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point dd through h of this This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence is committed in a professional manner;b The offence involves a quantity of from 01 kg to under 05 kg of opium poppy resin, cannabis resin, or coca glue; c The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA; d The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;dd The offence involves a quantity of from 200 ml under 750 ml of other liquid narcotic substances;e The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point b through dd of this This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment or deatha The offence involves a quantity of ≥ 05 kg of opium poppy resin, cannabis resin, or coca glue; b The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA; c The offence involves a quantity of ≥ 300 g of other solid narcotic substances;d The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;dd The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through d of this The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 249. Illegal storage of narcotic substances1. Any person who stores narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following cases shall face a penalty of 01 - 05 years' imprisonmenta The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;b The offence involves a quantity of from 01 g to under 500 g of opium poppy resin, cannabis resin, or coca glue; c The offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;d The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; dd The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits; e The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits; g The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;h The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;i The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point b through h of this This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves employment of a person under 16 for commission of the offence;e The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue; g The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;h The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; i The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits; k The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits; l The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;m The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;n Dangerous recidivism;o The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point e through m of this This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue; b The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits; dd The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits; e The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;g The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;b The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits; dd The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits; e The offence involves a quantity of ≥ 300 g of other solid narcotic substances;g The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 250. Illegal transport of narcotic substances1. Any person who transports narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following cases shall face a penalty of 02 - 07 years' imprisonmenta The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;b The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue; c The offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;d The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; dd The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits; e The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits; g The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;h The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;i The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point b through h of this This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves employment of a person under 16 for commission of the offence;e Narcotic substances are transported across the border;g The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue; h The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;i The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; k The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits; l The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits; m The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;n The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;o The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point g through n of this Dangerous This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue; b The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits; dd The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits; e The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;g The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment or deatha The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;b The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits; dd The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits; e The offence involves a quantity of ≥ 300 g of other solid narcotic substances;g The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 251. Illegal deal in narcotic substances1. Any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c Narcotic substances are traded with ≥ 02 people;d The offence involves the abuse of the offender's position or power;dd The offence is committed in the name of an agency or organization;e The offence involves employment of a person under 16 for commission of the offence;g The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue; h The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;i The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; k The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits; l The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits; m The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;n The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;o The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through n of this Clause;p Dangerous This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue; b The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits; dd The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits; e The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;g The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment or deatha The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;b The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits; dd The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits; e The offence involves a quantity of ≥ 300 g of other solid narcotic substances;g The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 252. Appropriation of narcotic substances1. Any person who appropriates narcotic substances in any shape or form in any of the following cases shall face a penalty of 01 - 05 years' imprisonmenta The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;b The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue; c The offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;d The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; dd The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits; e The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits; g The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;h The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;i The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point b through h of this This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves employment of a person under 16 for commission of the offence;e The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue; g The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;h The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; i The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits; k The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits; l The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;m The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;n The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause;o Dangerous recidivism;3. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue; b The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits; dd The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits; e The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;g The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;b The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;c The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves; d The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits; dd The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits; e The offence involves a quantity of ≥ 300 g of other solid narcotic substances;g The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;h The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 253. Storage, transport, trading, or appropriation of precursors for illegal manufacturing of narcotic substances1. Any person who stores, transports, deals in, or appropriates precursors for illegal manufacturing of narcotic substances in any of the following cases shall face a penalty of 01 - 06 years' imprisonmenta The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;b The offence involves a quantity of from 50 g to under 200 g of solid precursors, or from 75 ml to under 300 ml of liquid This offence committed in any of the following cases shall carry a penalty of 06 - 13 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves a quantity of from 200 g to under 500 g of solid precursors;e The offence involves a quantity of from 300 ml under 750 ml of liquid precursors;g The offence involves employment of a person under 16 for commission of the offence;h Precursors are transported or traded across the border;i Dangerous If the quantity of solid precursors is from 500 g to under 1,200 g, or liquid precursors from 750 ml to under 1,850 ml, the offender shall face a penalty of 13 - 20 years' If the quantity of solid precursors is ≥ ,200 g, or liquid precursors ≥ 1,850 ml, the offender shall face a penalty of 20 years' imprisonment or life If the offence involves both solid precursors and liquid precursors, 01 g of solid precursor shall be equivalent to ml of liquid precursor. After conversion, the offender shall be prosecuted The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 254. Manufacturing, storage, transport, trading of instruments and equipment serving illegal manufacturing or use of narcotic substances1. Any person who manufactures, stores, transports, or deals in instruments and equipment serving illegal manufacturing or use of narcotic substances in any of the following cases shall face a penalty of 01 - 05 years' imprisonmenta The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;b The offence involves 06 - 19 pieces of instruments or equipment of the same type or various This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves the abuse of the offender's position or power;d The offence is committed in the name of an agency or organization;dd The offence involves the transport of ≥ 20 pieces of instruments or equipment of the same type or various types;e The instruments or equipment are transported across the border;g The offence involves employment of a person under 16 for commission of the offence;h Dangerous The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years, or have all or part of his/her property 255. Facilitation of illegal use of narcotic substances 1. Any person who facilitates the use of narcotic substances in any shape of form shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence has been committed more than once;b The offence involves ≥ 02 users;c The offence involves a user aged from 13 to under 18;d The offence involves a female user whose pregnancy is known by the offender;dd The offence involves a user undergoing rehabilitation;e The offence results in 31% - 60% physical disability of a person;g The offence results in infection of a dangerous disease of another person;h Dangerous This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence results in ≥ 61% physical disability or death of a person;b The offence results in bodily harm to ≥ 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in infection of a dangerous disease of ≥ 02 people;d The offence involves a user aged under This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonmenta The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability;b The offence results in the death of 02 or more The offender might also be liable to a fine of from VND 50,000,000 to VND 500,000,000, put under o mandatory supervision, prohibited from residence for 01 - 05 years, or have all or part of his/her property 256. Concealment of illegal use of narcotic substances 1. Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 hereof, shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves the abuse of the offender's position or power;b The offence has been committed more than once;c The offence involves a user aged under 16;d The offence involves ≥ 02 users;dd Dangerous The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 or have all or part of his/her property 257. Forcing others to use narcotic substances 1. Any person who uses violence or threatens to use violence or mental intimidation to force another person to illegally use narcotic substances against that person's will shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed by despicable motives or self-seeking purpose;d The offence is committed against a person aged from 13 to under 18;dd The offence is committed against a female whose pregnancy is known by the offender;e The offence is committed against ≥ 02 people;g The offence is committed against a person undergoing rehabilitation;h The offence results in 31% - 60% physical disability of a person;i The offence results in infection of a dangerous disease of a person;k Dangerous recidivism;3. This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence results in ≥ 61% physical disability or death of a person;b The offence results in infection of a dangerous disease of ≥ 02 people;c The offence is committed against a person under 13;4. If this offence results in the death of ≥ 02 people, the offender shall face a penalty of 20 years' imprisonment or life The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000, 258. Persuading or inciting others to use narcotic substances 1. Any person who persuades or incites or uses other tricks to persuade another person to illegally use narcotic substances shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed by despicable motives or self-seeking purpose;d The offence is committed against a person aged from 13 to under 18;dd The offence is committed against a female whose pregnancy is known by the offender;e The offence is committed against ≥ 02 people;g The offence is committed against a person undergoing rehabilitation;h The offence results in 31% - 60% physical disability of a person;i The offence results in infection of a dangerous disease of a person;k Dangerous recidivism;3. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in ≥ 61% physical disability or death of a person;b The offence results in infection of a dangerous disease of ≥ 02 people;c The offence is committed against a person under 13;4. If this offence results in the death of ≥ 02 people, the offender shall face a penalty of 15 - 20 years' imprisonment or life The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000, 259. Offences against regulations on management, use of narcotic substances, precursors, narcotic drugs, and psychotropic drugs1. A person who is responsible for manufacturing, transport, preservation, storage, trading, distribution, use, processing, exchange, export, import, transit through Vietnam’s territory, prescription, sale, analysis, research of narcotic substances, precursors, narcotic drugs, or psychotropic drugs but commits any of the following acts despite the fact that he/she was disciplined or previously incurred a civil penalty any of the aforementioned offences or has a previous conviction for a drug-related crime which has not been expunged shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of 01 - 05 years' imprisonment a Violations against regulations on export, import, temporary import, transit through Vietnam’s territory substances containing narcotic substances, narcotic drug, psychotropic drug, and precursors; b Violations against regulations on research, analysis, manufacturing, preservation of narcotic substances and/or precursors;c Violations against regulations on delivery, storage, transport of narcotic substances and/or precursors;d Violations against regulations on distribution, trading, use, exchange of narcotic substances and/or precursors;dd Violations against regulations on management, control storage of narcotic substances and/or precursors in the border checkpoint area or at sea; e Allowing an unqualified person to keep or use narcotic substances or psychotropic substances or other narcotic This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 XXIOFFENCES AGAINST PUBLIC ORDER AND PUBLIC SAFETYSection 1. TRAFIC OFFENCESArticle 260. Offences against regulations on road traffic1. Any person who violates regulations on road traffic safety in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender does not have a driving license as prescribed;b The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants banned by law;c The offender leaves the site after the accident to evade responsibility or fails to help the victim;d The offender fails to comply with the traffic controller's commands;dd The offence results in the death of 02 people;e The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;g The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;h The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;4. If the offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to 02 or more people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community If a road traffic offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 261. Obstruction of road traffic 1. Any person who illegally digs, drills, cuts, buries road traffic works; illegally places or spills materials, wastes, garbage, slippery substances, sharp items, or other obstacles that obstruct road traffic; illegally removes, moves, blocks, or destroys road signs, traffic lights, milestones, road mirrors, median strip, or other road safety equipment; opens illegal crossing; illegally uses sidewalks, carriageway; illegally uses road safety corridors or commits violations against regulations on road traffic safety during construction on public roads in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 100,000,000, up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed on a mountain pass, freeway, or dangerous road;b The offence results in the death of 02 people;c The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;4. Any person who illegally digs, drills, cuts, buries road traffic works; illegally places or spills materials, wastes, garbage, slippery substances, sharp items, or other obstacles that obstruct road traffic; illegally removes, moves, blocks, or destroys road signs, traffic lights, milestones, road mirrors, median strip, or other road safety equipment; opens illegal crossing; illegally uses sidewalks, carriageway; illegally uses road safety corridors or commits violations against regulations on road traffic safety during construction on public roads and as a result causes bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffers from a total physical disability of 31% - 60% shall be liable to a fine of from VND 30,000,000 to VND 100,000,000, up to 03 years' community If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community 262. Allowing the use of unroadworthy road vehicles, special-use vehicles on public roads1. Any person who is responsible for operation or operating conditions of vehicles but allows the use of unroadworthy road vehicles or heavy-duty vehicles on public roads in any of the following cases shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;4. Any person who is responsible for operation or operating conditions of vehicles but allows the use of unroadworthy road vehicles or heavy-duty vehicles on public roads and as a results causes bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 263. Requesting an unqualified person to operate a vehicle on public roads1. Any person who makes use of his/her power to request another person to operate a vehicle on public roads in the knowledge that he/she does not have a driver license, capable health, or is under the minimum driving age, is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants and as a results causes any of the following consequences shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 03 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;3. This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;4. Any person who makes use of his/her power to request another person to operate a vehicle on public roads in the knowledge that he/she does not have a driver license, capable health, or is under the minimum driving age, is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants and as a results causes bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence5. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 264. Allowing an unqualified person to operate a vehicle on public roads1. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified and as a results causes any of the following consequences shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentencea The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;4. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified and as a results causes bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000, 265. Organizing illegal street races1. Any person who illegally organizes a street race which involves cars, motorbikes, or other motor vehicles shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonmenta The street race is participated by ≥ 10 vehicles or the offender organizes ≥ street races at the same time;b The street race involves betting;c The offender organizes resistance to people in charge of road traffic safety and order or people in charge of dismissing the street race;d The street race is held in a crowded area;dd Safety equipment is removed from the racing vehicles;e The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;g The offence results in bodily harm to ≥02 people, each of whom suffers from 31% - 60% physical disability;h The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;i The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;k This offence or street racing is This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.d The offence results in property damage of ≥ VND 1,500,000,000;5. If the offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 who suffer from a total physical disability of 31% - 60%, the offender shall face a penalty of 01 - 06 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 266. Illegal street racing1. Any person who participates in an illegal street race which involves cars, motorbikes, or other motor vehicles in any of the following cases shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonmenta The offence results in bodily harm to 01 people who suffers from 31% - 60% physical disability;b The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%;c The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 150,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;dd The offender causes an accident and leaves the site to evade responsibility or fails to help the victim;e The offender participates in betting;g The offender resists people in charge of road traffic safety and order or people in charge of dismissing the street race;h The street race is held in a crowded area;i Safety equipment is removed from the racing vehicles;k Dangerous This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 267. Offences against regulations on control of railway vehicles1. Any person who commands or control a railway vehicle and violates regulations on railway safety in any of the following cases shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender does not have a license, qualification, or certificate suitable for his/her duties;b The offender commits the offence under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants banned by law;c The offender leaves the site after causing the accident to evade responsibility or fails to help the victim;d The offender fails to comply with the commands of commander or person in charge of railway safety;dd The offence results in the death of 02 people;e The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;g The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;h The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to 02 or more people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or up to 03 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 268. Obstruction of rail traffic 1. Any person who places obstacles on the railway; moves the rail or sleepers; illegally drills, digs, cuts the railway ground, opens crossing, builds drains or other illegal works across the railway; breaks, changes, moves, blocks railway signals, signs, milestones; lets animals cross the railway against the rules or allows animals pulling a vehicle across the railway without a rider; illegally uses a self-made vehicle or vehicle banned from railway; damages railway vehicles or illegally occupies railway safety corridors or perimeters in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 03 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;dd The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment5. If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' 269. Allowing the use of unsafe railway vehicles or equipment into operation1. Any person who is responsible for operation or operating conditions of railway vehicles but allows the use of a vehicle or piece of equipment that does not have the certificate of registration, inspection, or that does not satisfy technical standards or safety standards and as a result causes any of the following consequences, or was disciplined for the same offence, shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 270. Requesting an unqualified person to operate railway vehicles1. Any person requests or allows a person who does not have a license for train operation or a person under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified to operate a railway vehicle and as a results causes any of the following consequences, or was disciplined for the same offence, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% or the offender was disciplined for the same offence, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 271. Allowing an unqualified person to operate railway vehicles1. Any person allows a person who does not have a license for train operation or a person under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified to operate a railway vehicle and as a results causes any of the following consequences, or was disciplined for the same offence, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% or the offender was be disciplined for the same offence, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 272. Offences against regulations on control of water-borne vehicles1. Any water-borne vehicle operator who violates regulations on waterway traffic safety and as a result causes any of the following consequences shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender does not have a license or qualification suitable for his/her position or the vehicle as prescribed;b The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;c The offender leaves the site after causing the accident to evade responsibility or fails to help the victim;d The offender fails to comply with the commands of commander or person in charge of waterway traffic safety;dd The offence results in the death of 02 people;e The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;g The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;h The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 273. Obstruction of waterway traffic1. Any person who illegally drills or digs and as a result damages the structure of waterway traffic works; placing obstacles that obstruct waterway traffic without putting up and signs; moves the signs; remove the signs or destroy waterway traffic works; occupies channels or safety corridor of waterway traffic or otherwise obstructs waterway traffic and causes any of the following consequences shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' 274. Allowing the use of unsafe water-borne vehicles1. Any person who is responsible for operation or operating conditions of water-borne vehicles but allows the use of a water-borne vehicle that is obviously unsafe and as a result causes any of the following consequences, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or the offender was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 275. Requesting an unqualified person to operate water-borne vehicles1. Any person requests a person who does not have an appropriate license, certificate, or qualification or is otherwise unqualified to operate a water-borne vehicles and as a result causes any of the following consequences, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or the offender was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 276. Allowing an unqualified person to operate water-borne vehicles1. Any person allows a person who does not have an appropriate license, certificate, or qualification or is otherwise unqualified to operate a water-borne vehicles and as a result causes any of the following consequences, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or the offender was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 277. Offences against regulations on airplane operation1. An airplane commander or operator who commits a violation against regulations on air traffic safety which poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 -05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 278. Obstruction of air traffic 1. A person who commits any of the following acts which obstruct air traffic and causes the death of 01 person or bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability or bodily harm to ≥ 03 people who suffer from a total physical disability of 62% - 121%, or causes property damage of from VND 100,000,000 to under VND 500,000,000, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' Placing obstacles that obstruct air traffic;b Illegally moving, blocking, or destroying air traffic signs or signals;c Incorrectly using or jamming communication frequencies;d Deliberately providing false information to an extent that threatens the safety of the flying airplane or on the ground, safety of passengers, flight crew, ground crew, people at the airport/airfield, or civil aviation equipment; dd Damaging airport equipment or other ancillary equipment serving flight safety;e Other acts obstructing air This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;e The offender is in charge of air traffic safety assurance or air traffic safety This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or the offender was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, the offender shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 279. Allowing the use of unsafe air transport vehicles1. Any person who is responsible for operation or operating conditions of air transport vehicles but allows the use of a vehicle that is obviously unsafe shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 08 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall face a penalty of 06 - 36 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 280. Requesting or allowing an unqualified person to operate air transport vehicles1. Any person requests or allows a person who does not have a license for airplane operation is otherwise unqualified as prescribed by regulations of law on operation of air transport vehicles shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall face a penalty of 06 - 36 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 281. Offences against regulations of maintenance, repair, management of traffic works1. A person who is in charge of maintenance, repair, or management of road traffic, rail traffic, waterway traffic, or air traffic works and commits any of the following acts which results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community Failure to comply with or correctly comply with regulations on maintenance, repair, management of traffic works which make them fail to assure technical safety and satisfy technical standards of works related to traffic safety;b Failure to repair damaged traffic works that threaten traffic safety;c Failure to follow or correctly follow instructions on traffic control, placement of signs, milestones, fences for prevention of accidents when a traffic work is damaged or under repair or maintenance;d Failure to frequently check and take measures for assurance of traffic safety on a dangerous mountain pass, road segments where landslide, stone fall, or flood is likely, or unsafe road segments;dd Failure to promptly take measures for prevention of accidents when receiving information about a damaged traffic works under the offender's management;e Failure to place or adequately place warning signals according to regulations on construction and repair of traffic works;g Failure to clean up warning signs, fences, equipment, and materials after the construction is complete;h Other violations against regulations on maintenance, repair, management of traffic This offence committed in any of the following cases shall carry a penalty of 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 282. Hijacking of an airplane or ship1. Any person who uses violence or threat of violence or other methods to hijack an airplane or ship shall face a penalty of 07 - 15 years' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence is committed by an organized group;b The offence involves the use of dangerous weapons or equipment;c The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;d The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;dd The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;e The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;g Dangerous This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonmenta The offence results in the death of 02 or more people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%;d The offence results in property damage of ≥ VND 500,000, The offender might also be put under mandatory supervision or prohibition from residence for 01 - 05 283. Operating airplanes against aviation laws of Socialist Republic of Vietnam1. Any person who operates an airplane to or from Vietnam against regulations of law on aviation of Socialist Republic of Vietnam, except for the cases in Article 110 and Article 110 hereof, shall be liable to a fine of from VND 100,000,000 to VND 300,000,000 or face a penalty of 03 - 36 months' This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a fine of from VND 1,500,000,000 to VND 3,000,000,000 or a penalty of 05 - 12 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 100,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community 284. Operating maritime vehicles against aviation laws of Socialist Republic of Vietnam1. If a person who operates a ship or another maritime vehicle to or from Vietnam or across Vietnam's territorial sea and commits any of the following acts which results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or such person previously incurred a civil penalty for the same offence, except for the cases in Article 110 and Article 111 hereof, the offender shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community Exceeding speed limit in port waters; b Failure to operate within permissible areas;c Failure to follow or fully follow procedures for entering, leaving the port, pilotage regulation, procedures for anchoring, docking, side-by-side docking, regulations on order and hygiene, fire safety, prevention of environmental pollution by maritime vehicles;d Failure to comply with or correctly comply with regulations on operating, evading, overtaking, yielding in maritime traffic, or the maritime vehicle does not have honks, bells, gongs or the volume of which is not conformable;dd Failure to adhere to the route or comply with signals as prescribed; failure to comply with or correctly comply with regulations on making sound or light This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 03 - 24 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 01 - 03 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 03 or more people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, 2. OFFENCES AGAINST REGULATIONS ON INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS NETWORKArticle 285. Manufacturing, trading, exchanging, giving instruments, equipment, software serving illegal purposes1. Any person who manufactures, deals in, exchanges, gives out instruments, equipment, or software meant to attack a computer network, telecommunications network, or an electronic device serving illegal purposes shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment. 2. This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed in a professional manner;d The illegal profit earned is from VND 50,000,000 to under VND 500,000,000;dd The offence results in property damage of from VND 100,000,000 to under VND 1,000,000,000;e Dangerous This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' imprisonmente The illegal profit earned is ≥ VND 500,000,000;b The offence results in property damage of ≥ VND 1,000,000, The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property 286. Spreading software programs harmful for computer networks, telecommunications networks, or electronic devices1. Any person who deliberately spreads a software program that is harmful for a computer network, telecommunications network, or an electronic device in any of the following cases shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;b The offence results in property damage of from VND 50,000,000 to under VND 300,000,000;c The harmful program is infected by 50 - 199 electronic devices or by an information system with 50 - 199 users;d The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;c The offence results in property damage of from VND 300,000,000 to under VND 1,000,000,000;d The harmful program is infected by 200 - 499 electronic devices or by an information system with 200 - 499 users;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence is committed against a system of data which is classified information or an information system serving national defense and security;b The offence is committed against national information infrastructure; national grid control information system; banking or finance information system; traffic control information system;c The illegal profit earned is ≥ VND 500,000,000;d The offence results in property damage of ≥ VND 1,000,000,000;dd The harmful program is infected by ≥ 500 electronic devices or by an information system with ≥ 500 The offender might also be liable to a fine of from VND 30,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 287. Obstruction or disturbance of computer networks, telecommunications networks, or electronic devices 1. Any person who deletes, damages, or changes a software program or electronic data, or illegally obstructs the transmission of data of a computer network, telecommunications network, or an electronic device, or otherwise obstructs or disturbs a computer network, telecommunications network, or an electronic device in any of the following cases, except for the cases in Article 286 and Article 289 hereof, shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of 06 - 36 months' imprisonmenta The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;b The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;c The offence results in shutdown or suspension or the computer network, telecommunications network, or electronic device for a period from 30 minutes to under 24 hours or from 03 to under 10 times within 24 hours;d The offence results in suspension of operation of an organization for a period from 24 hours to under 72 hours;dd The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position as the administrator of the computer network or telecommunications network;c Dangerous recidivism;d The illegal profit earned is from VND 200,000,000 to under VND 1,000,000,000;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;e The offence results in suspension or the computer network, telecommunications network, or electronic device for a period from 24 hours to under 168 hours or from 10 to under 50 times within 24 hours;g The offence results in suspension of operation of an organization for a period from 72 hours to under 168 This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence is committed against a system of data which is classified information or an information system serving national defense and security;b The offence is committed against national information infrastructure; national grid control information system; banking or finance information system; traffic control information system;c The illegal profit earned is ≥ VND 1,000,000,000;d The offence results in property damage of ≥ VND 1,500,000,000;dd The offence results in suspension or the computer network, telecommunications network, or electronic device for ≥ 168 hours or ≥ 50 times within 24 hours;e The offence results in suspension of operation of an organization for ≥ 168 The offender might also be liable to a fine of from VND 30,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 288. Illegal provision or use of information on computer networks or telecommunications networks1. Any person who commits any of the following acts and earns an illegal profit of from VND 50,000,000 to under VND 200,000,000 or causes property damage of from VND 100,000,000 to under VND 500,000,000 or damages reputation of an organization or individual shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonmenta Uploading information on a computer or telecommunications network against regulations of law, except for the cases specified in Article 117, 155, 156, and 326 hereof;b Trading, exchanging, giving, changing, or publishing lawfully private information of an organization or individual on the computer or telecommunications network without the consent of the information owner;c Other acts that involve illegal use of information on the computer or telecommunications This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position as the administrator of the computer or telecommunications network;c The illegal profit earned is ≥ VND 200,000,000;d The offence results in property damage of ≥ VND 500,000,000;dd The offence involves infringement of privacy which results in the suicide of the victim;e The offence has a negative impact on social security, order, or safety, or Vietnam's diplomatic relationship;g The offence results in a The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 289. Illegal infiltration into the computer network, telecommunications network, or electronic device of another person1. Any person who deliberately bypasses the warning, hacks the password or firewall, or uses the administrator's right of another person to infiltrate another person's computer network, telecommunications network, or electronic device in order to take control, interfere the operation of the electronic device; steal, change, destroy, fabricate data or illegally use services shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 300,000,000 to under VND 1,000,000,000;dd The offence is committed against a national Internet exchange point, domain name database system, or national domain name server system;e Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence is committed against a system of data which is classified information or an information system serving national defense and security;b The offence is committed against a national information infrastructure; national grid control information system; banking or finance information system; traffic control information system;c The illegal profit earned is ≥ VND 500,000,000;d The offence results in property damage of ≥ VND 1,000,000, The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 290. Appropriation of property using a computer network, telecommunications network, or electronic device1. Any person who uses a computer network, telecommunications network, or electronic device to commit any of the following acts, except for the cases in Article 173 and Article 174 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Using information about another organization's or individual's bank account or card to appropriate the account holder's or card holder's property, or illegally pay for the offender's purchases;b Making, storing, trading, using fake bank cards to steal money of card holders or illegally pay for the offenders' purchases;c Illegally accessing the account of an organization or individual in order to appropriate their property;d Commit frauds in electronic commerce, electronic payment, online currency trading, online capital raising, online multi-level marketing, or online securities trading for the purpose of property appropriation;dd Illegally establishing or providing telecommunications or Internet services for the purpose of property appropriation; 2. This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed in a professional manner;d The offence involves 50 - 199 fake cards;dd The property appropriated is assessed at from VND 50,000,000 to under VND 200,000,000;e The offence results in property damage of from VND 50,000,000 to under VND 300,000,000;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The property appropriated is assessed at from VND 200,000,000 to under VND 500,000,000;b The offence results in property damage of from VND 300,000,000 to under VND 500,000,000;c The offence involves 200 - 499 fake This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The property appropriated is assessed at ≥ VND 500,000,000;b The offence results in property damage of ≥ VND 500,000,000;c The offence involves ≥ 500 fake The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property 291. Illegal collection, storage, exchanging, trading, publishing of information about bank accounts1. Any person who illegally collects, stores, exchanges, trades, publishes information about other people's bank accounts with a quantity of 20 - 49 accounts or earns an illegal profit of from VND 20,000,000 to under VND 50,000,000 shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a fine of from VND 1000,000,000 to VND 200,000,000 or a penalty of 03 - 24 months' imprisonmenta The offence involves information about 50 - 199 accounts of other people;b The offence is committed by an organized group;c The offence is committed in a professional manner;d The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;dd Dangerous This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence involves information about ≥ 200 accounts of other people;b The illegal profit earned is ≥ VND 200,000,000;4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property 292. Illegal provision of services on computer network or telecommunications network1. A person who provides any of the following services on a computer network or telecommunications network without a license or against the license and earns a profit of from VND 50,000,000 to under VND 200,000,000 or a revenue of from VND 500,000,000 to under VND 2,000,000,000 shall be liable to a fine of from VND 200,000,000 to VND 500,000,000 or face a penalty of up to 02 years' community sentencea Trading gold on accounts;b Electronic commerce exchange;c Multi-level marketing;d Payment services;dd Online video games;e Other services on computer networks or telecommunications networks as prescribed by This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 24 months' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed in a professional manner;d Dangerous The illegal profit earned is from VND 200,000,000 to under VND 500,000,000 or illegal revenue of from VND 2,000,000,000 to under VND 5,000,000, If the illegal profit is ≥ 500,000,000 or revenue ≥ VND 5,000,000,000, the offender shall be liable to a fine of from VND 1,500,000,000 to VND 5000,000,000 or face a penalty of 02 - 05 years' The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property 293. Illegal use of radio frequencies dedicated to emergency services, safety services, search and rescue, or national defense and security1. Any person who illegally uses radio frequencies dedicated to emergency services, safety services, search and rescue, or national defense and security and as a result causes property damage of from VND 200,000,000 to under VND 500,000,000, or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 50,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence results in property damage of ≥ VND 500,000,000;c Dangerous 294. Deliberate harmful interference of radio frequencies1. Any person who deliberately causes harmful interference or obstructs the normal operation of the radio information system and as a result causes property damage of from VND 200,000,000 to under VND 500,000,000, or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 50,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence results in property damage of ≥ VND 500,000,000;c Dangerous 3. OTHER OFFENCES AGAINST PUBLIC SAFETYArticle 295. Violations against regulations of law on occupational safety, occupational hygiene, and safety in crowded areas1. Any person who violates regulations of law on occupational safety, occupational hygiene, or safety in crowded areas in any of the following cases shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000;dd The offender is the person in charge of occupational safety, occupational hygiene, or safety in crowded This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' If this offence is likely to cause harm to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 03 year's community sentence or 06 - 36 months' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 296. Violations against regulations of law on employment of workers under 161. Any person employs a person under 16 to do hard or dangerous works or works that involve contact with harmful substances on the list compiled by the State in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;b The offence results in bodily harm to 01 people who suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%.2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence has been committed more than once;b The offence involves ≥ 02 workers under 16;c The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;d The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;dd The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 61%.3. This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of ≥ 02 people;b The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%.4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 297. Coercive labor1. Any person that uses violence or threat of violence or other methods to force a person to work against his/her will in any of the following cases shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;b The offence results in bodily harm to 01 people who suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%.2. This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves ≥ 02 workers under 16;c The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak person, a person suffering for severe or extremely severe physical disability;d The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;dd The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;e The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 61%;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the death of ≥ 02 people;b The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%.4. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 298. Offences against regulations of law on construction that lead to serious consequences1. Any person who violates regulations of law on construction in terms of survey, design, construction, use of materials, machinery, construction supervision, acceptance, or other issues in any of the following cases, except for the cases in Article 224 or 281 hereof, shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 62% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender is the person in charge;b The offence results in the death of 02 people;c The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 08 - 20 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 299. Terrorism1. Any person who harms other people's life or destroy property of another organization or individual to bring terror to the public shall face a penalty of 10 - 20 years' imprisonment, life imprisonment, or This offence committed in any of the following cases shall carry a penalty of 05 - 15 years' imprisonmenta Establishing or participating in a terrorist organization or terrorism-financing organization;b Forcing, persuading, recruiting, training terrorists; manufacturing or providing weapons for terrorists;c Infringing upon bodily integrity, health or appropriating, damaging property of another organization or A person that threatens to commit any of the acts specified in Clause 1 of this Article or uses other methods to cause mental intimidation shall face a penalty of 02 - 07 years' A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' The offender might also have some citizenship rights deprived of, be put under mandatory supervision or prohibition from residence for 01 - 05 years, or have all or part of his/her property 300. Terrorism financing 1. Any person who raises or provides money or property in any shape or form to a terrorist or terrorist organization shall face a penalty of 05 - 10 years' A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' The offender might also be put under mandatory supervision or prohibition from residence for 01 - 05 years or have all or part of his/her property 301. Taking hostages1. Any person who takes another person hostage and threatens to kill, hurt the hostage or detains the hostage to force a nation, territory, international organization, or another organization or individual to act or not to act as a condition for releasing the hostage, except for the cases in Article 113 and Article 299 hereof, shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, or a person aged ≥ 70;d The offence is committed against a law enforcement officer in performance of his/her official duties;dd The offence is committed against ≥ 02 people;e The offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 who suffer from a total physical disability of 31% - 60%;g The victim suffers from 11% - 45% mental and behavioral disability because of the This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;e The victim suffers from ≥ 46% mental and behavioral disability because of the This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of ≥ 02 people;b The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%;d The offence results in property damage of ≥ VND 500,000, A person that prepares for the commission of this offence shall face a penalty of 06 - 36 months' 302. Piracy1. A person who commits any of the following acts shall face a penalty of 05 - 10 years' imprisonmenta Attacking a ship, aircraft, or another maritime vehicle at sea or in an area which is not under any nation's jurisdiction;b Attacking or capturing people on a ship, aircraft, or another maritime vehicle specified in Point a of this Clause;c Robbing or destroying property on a ship, aircraft, or another maritime vehicle specified in Point a of this This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;c The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;dd The property appropriated is assessed at from VND 50,000,000 to under VND 300,000,000;e The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The property appropriated is assessed at from VND 300,000,000 to under VND 1,000,000,000;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The property appropriated is assessed at ≥ VND 1,000,000,000;dd The offence results in property damage of ≥ VND 1,500,000, A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' 303. Destruction of work, facility, equipment important for national security 1. Any person who destroys a work, facility, means of transport, means of communications, electricity work, fuel transport work, irrigation work, or another work that is important for national security, of economic, technological, or cultural and social importance, except for the cases in Article 114 hereof, shall face a penalty of 03 - 12 years' This offence committed in any of the following cases shall carry a penalty of 10 - 20 years' imprisonment or life imprisonmenta The offence is committed by an organized group;b The offence results in damage or breakdown of the work, facility, or equipment important for national security;c The offence results in the death of ≥ 03 people;d The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;dd The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 200%;e The offence results in property damage of ≥ VND 1,500,000,000;g The offence has a negative impact of socio-economic situation;h Dangerous A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' The offender might also be put under mandatory supervision for 01 - 05 304. Illegal manufacture, storage, transport, use, or appropriation of military weapons or devices1. Any person who illegally manufactures, stores, transports, uses, or appropriates a military weapon or device shall face a penalty of 01 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed by an organized group;b The offence involves 03 - 10 pistols, rifles, or sub machine guns; 01 - 05 infantry guns of other types such as light machine guns, machine guns, mm - 25 mm anti-aircraft guns, B40 or B41 guns; 05 - 15 mines or grenades; 03 - 10 mortar bombs or mortar shells; 300 - 1,000 bullets ≤ mm; 200 - 600 bullets of mm - 25 mm anti-aircraft guns; 10 kg - 30 kg of explosives or 1,000 - 3,000 detonators; from 1,000 m to under 10,000 m of delay Illegal goods are transported or traded across the border;d The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;dd The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;e The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;g The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, The offence involves 11 - 30 pistols, rifles, or sub machine guns; 06 - 20 infantry guns of other types such as light machine guns, machine guns, mm - 25 mm anti-aircraft guns, B40 or B41 guns; 16 - 45 mines or grenades; 11 - 30 mortar bombs or mortar shells; 1,001 - 3,000 bullets ≤ mm; 601 - 2,000 bullets of mm - 25 mm anti-aircraft guns; 31 kg - 100 kg of explosives or 3,001 - 10,000 detonators; from 10,000 m to under 30,000 m of delay This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence involves ≥ 31 pistols, rifles, or sub machine guns; ≥ 21 guns of other types such as light machine guns, machine guns, mm - 25 mm anti-aircraft guns, B40 or B41 guns; ≥ 46 mines or grenades; ≥ 31 mortar bombs or mortar shells; ≥ 3,001 bullets ≤ mm; ≥ 2,001 bullets of mm - 25 mm anti-aircraft guns; ≥ 101 kg of explosives or ≥ 10,001 detonators; ≥ 30,000 m of delay The offence results in the death of ≥ 03 people;c The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;dd The offence results in property damage of ≥ VND 1,500,000, The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 305. Illegal manufacture, storage, transport, use, trading or appropriation of explosive materials1. Any person who illegally manufactures, stores, transports, uses, deals in, or appropriates explosive materials shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence involves 10 kg - 30 kg of explosive or 1,000 - 3,000 detonators or from 3,000 m to under 10,000 m of delay fuse;c Illegal goods are transported or traded across the border;d The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;dd The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;e The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;g The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves 31 kg - 100 kg of explosive or 3,001 - 10,000 detonators or from 10,000 m to under 30,000 m of delay fuse;b The offence results in the death of 02 people;c The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmentb The offence involves ≥ 101 kg of explosive or ≥ 10,001 detonators or ≥ 30,000 m of delay fuse;b The offence results in the death of ≥ 03 people;c The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;dd The offence results in property damage of ≥ VND 1,500,000, The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 306. Illegal manufacture, storage, transport, use, trading or appropriation of hunting rifles, cold weapons, sporting weapons, combat gears, and other weapons with similar functions1. Any person who illegally manufactures, stores, transports, uses, deals in, or appropriates a hunting rifle, cold weapon, sporting weapon, combat gear, or another weapon with similar functions despite the fact that he/she previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall face a penalty of 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence involves ≥ 11 hunting rifles, cold weapons, sporting weapons, combat gears, or other weapons that are not on the list of weapons compiled by the Government but have similar functions as military weapons;c Illegal goods are transported or traded across the border;d The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;dd The offence results in bodily harm to ≥ 02 people, each of whom suffers from 31% - 60% physical disability;e The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;g The offence results in property damage of ≥ VND 100,000,000;h Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 307. Offences against regulations of law on management of weapons, explosive materials, and combat gears 1. Any person who violates regulations of law on management of the manufacture, repair, provision, use, preservation, storage, transport, trading of military weapons, hunting rifles, sporting weapons, explosive materials, and combat gears in any of the following cases shall face a penalty of 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 03 years' community sentence or 06 - 36 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 308. Negligence in management of weapons, explosive materials, and combat gears that results in serious consequences1. Any person who is responsible for management of military weapons, hunting rifles, sporting weapons, explosive materials, or combat gears but negligently allows another person to use them in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 309. Illegal manufacture, storage, transport, use, spreading, trading or appropriation of radioactive substances or nuclear materials1. Any person who illegally manufactures, stores, transports, uses, spreads, deals in, or appropriates radioactive substances or nuclear materials shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed by an organized group;b Illegal goods are transported or traded across the border;c The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;d The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;dd The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;e The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;g Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 310. Offences against regulations of law on management of radioactive substances and nuclear materials1. Any person who violates regulations of law on manufacture, provision, use, preservation, storage, transport, trading of radioactive substances or nuclear materials in any of the following cases shall face a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of 01 - 05 years' If this offence is likely to cause harm to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 03 year's community sentence or 06 - 36 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 311. Illegal manufacture, storage, transport, use, or trading of flammable or toxic substances1. Any person who illegally manufactures, stores, transports, uses, or deals in flammable or toxic substances shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in bodily harm to 01 people who suffers from 31% - 60% physical disability;b The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%.3. This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b Illegal goods are transported or traded across the border;c The offence involves Schedule 3 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;d The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;dd The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;e The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;g The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves Schedule 2 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;b The offence results in the death of 02 people;c The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;dd The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence involves Schedule 1 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;b The offence results in the death of ≥ 03 people;c The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;dd The offence results in property damage of ≥ VND 1,500,000, The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 312. Offences against regulations of law on management of flammable substances and toxic substances1. Any person who violates regulations of law on manufacture, provision, use, preservation, storage, transport, trading of flammable substances or toxic substances in any of the following cases shall face a penalty of 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall face a penalty of up to 02 year's community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 313. Offences against regulations of law on fire safety and fire fighting1. Any person who violates regulations of law on fire safety or fire fighting in any of the following cases shall face a penalty of up to 03 years' community sentence or 02 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 08 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, the offender shall face a penalty of up to 02 year's community sentence or 03 - 24 months' If this offence is likely to cause harm to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 01 year's community sentence or 03 - 24 months' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 314. Offences against regulations of law on electricity work safety 1. A person who commits any of the following acts which result in bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% or property damage of from VND 100,000,000 to under VND 500,000,000, or was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Allowing the construction of a house, work, or building a house or work within the safety corridor of the electricity work;b Negligence that results in explosion, fire, slash-and-burn, or falling trees affecting electricity work safety;c Digging, driving piles, building houses on the safety corridor of underground electric cables;d Anchoring a ship in the safety corridor of underground electric cables under the river bed or sea bed despite the warning sign;dd Installing electrical equipment or building electrical line This offence committed in any of the following cases shall carry a fine of from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonmenta The offence results in the death of a person;b The offence results in bodily harm to 01 person who suffers from ≥ 61% physical disability, or bodily harm to ≥ 02 who suffer from a total physical disability of 61% - 121%;c The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in the death of ≥ 02 people;b The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability, or bodily harm to ≥ 02 who suffer from a total physical disability of ≥ 122%;c The offence results in property damage of ≥ VND 1,500,000, If this offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 315. Offences against regulations on medical examination, medical treatment, manufacture, concoction, dispense of medicines, selling medicines, or other medical services1. Any person who violates regulations of law on medical examination, medical treatment, manufacture, concoction, dispense of medicines, selling medicines, or other medical services in any of the following cases, except for the cases in Article 259 hereof, and was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall face a penalty of 01 - 05 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 200%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, or the offender was disciplined or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, the offender shall face a penalty of up to 02 year's community sentence or 03 - 24 months' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 316. Illegal abortion1. Any person illegally performs an abortion on another person in any of the following cases shall face a penalty of up to 03 years' community sentence or 01 - 03 years' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offender was disciplined or previously incurred a civil penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%.3. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to 03 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 317. Offences against regulations of law on food safety and hygiene 1. Any person who commits any of the following violations against regulations of law on food safety shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' imprisonmenta Using banned substances in manufacture, preparation, processing, preservation of food, or selling, providing food in the knowledge that it contains banned substances;b Using chemicals, antibiotics, veterinary medicines, pesticides banned from farming, breeding, aquaculture, salt production, preparation, processing, preservation of agricultural, forestry, aquaculture products, and salt creating an amount of residue beyond permissible limit in products;c Using chemicals, antibiotics, veterinary medicines, pesticides, environment recovery substances that are not on the list of permissible substances or of unknown origins or against regulations on preparation, processing, preservation of agricultural, forestry, aquaculture products creating an amount of residue beyond permissible limit in products; or the offender previously incurred a civil penalty for any of the offences specified in this Point or Point a of this Clause;d Processing, providing, or selling food in the knowledge that it does not comply with technical regulations or regulations on food safety; using chemicals, additives, processing agents that are not on the list of permissible substances or of unknown origins for manufacture, preparation, processing, or preservation of food causing bodily harm to 01 person who suffers from 31% - 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60% or earning an illegal profit of from 50,000,000 - VND 100,000, This offence committed in any of the following cases shall carry a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;c The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;d The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%.dd The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;e The offence has been committed more than once;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The illegal profit earned is from VND 500,000,000 to under VND 1,000,000, This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 200%;d The illegal profit earned is ≥ VND 1,000,000, The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 4. OTHER OFFENCES AGAINST PUBLIC ORDERArticle 318. Disturbance or public order1. Any person who causes disturbance of public order which negatively impacts social safety, order, or security, or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves use of weapons or vandalism;c The offence results in serious traffic congestion or suspension of public activities;d The offender incites other people to cause disturbance;dd The offender attacks the person who intervenes to maintain public order;e Dangerous 319. Infringement upon human bodies, graves, or remains1. Any person who commits grave robbery or otherwise infringes upon a dead body, grave, or human remains shall face a penalty of up to 02 years' community sentence or 03 - 02 years' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence has a negative impact on social security, order, or safety;b The offence involves appropriation or destruction of historically or culturally valuable items;c The offender is committed by despicable motives;d The offence is for the purpose of taking part of the body or 320. Practicing superstitions1. Any person who practices fortune-telling, witchcraft, or other types of superstitions despite the fact that he/she previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence results in the death of a person;b The illegal profit earned is ≥ VND 200,000,000;c The offence has a negative impact on social security, order, or The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 321. Illegal gambling1. Any person who illegally gambles in any shape or form with the stakes in cash or kind assessed at from VND 5,000,000 to under VND 50,000,000, or with the stakes under VND 5,000,000 but previously incurred a civil penalty or has a previous conviction for the same offence or any of the offences specified in Article 322 hereof which has not been expunged, shall face a penalty of up to 03 year's community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed in a professional manner;b The stake is assessed at VND ≥ 50,000,000;c The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;d Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 322. Organizing gambling or running gambling-dens1. Any person who organizes gambling or runs a gambling den in any of the following cases shall carry a fine of from VND 50,000,000 to VND 300,000,000 or a penalty of 01 - 05 years' imprisonmenta The offender uses a place under his/her ownership or management for ≥ 10 people to gamble at the same time or for ≥ 02 gambling mats with the stakes of ≥ VND 5,000,000;b The total value of stakes at a time is ≥ VND 20,000,000;c The offender provides pawnbroker services for gamblers; installs equipment serving the gambling; appoint people to guard or serve; prepares escape in case of raid; uses equipment for assisting the gambling;d The offender previously incurred a civil penalty or has a previous conviction for the same offence or any of the offences specified in Article 321 hereof which has not been This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed in a professional manner;b The illegal profit earned is ≥ VND 50,000,000;c Dangerous The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or have part or all of his/her property 323. Storing or buying property obtained by crime 1. Any person who, without prior promise, stores or buys a piece of property in the knowledge that it is obtained through another person's commission of a crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The illegal piece of property is assessed at from VND 100,000,000 to under VND 300,000,000;d The illegal profit earned is from VND 20,000,000 to under VND 100,000,000;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 10 years' imprisonmenta The illegal piece of property is assessed at from VND 300,000,000 to under VND 1,000,000,000;b The illegal profit earned is from VND 100,000,000 to under VND 300,000, This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The illegal piece of property is assessed at ≥ VND 1,000,000,000;b The illegal profit earned is ≥ VND 300,000,000;5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or have all or part of his/her property 324. Money laundering1. A person who commits any of the following acts shall face a penalty of 01 - 05 years' imprisonmenta Directly or indirectly participating in finance transactions, banking transactions, or other transactions to conceal the illegal origin of the money or property obtained through his/her commission of a crime, or obtained through another person's commission of a crime to his/her knowledge;b Using money or property obtained through his/her commission of a crime or obtained through another person's commission of a crime to his/her knowledge for doing business or other activities;c Concealing information about the true origin, nature, location, movement, or ownership of money or property obtained through his/her or commission of a crime or obtained through another person's commission of a crime to his/her knowledge, or obstructing the verification of such information;d Committing any of the offences specified in Point a through c of this Clause while knowing that the money or property is obtained through transfer, conversion of money or property obtained through another person's commission of a This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The offence has been committed more than once;d The offence is committed in a professional manner;dd The offence involves deceitful methods;e The illegal money or property is assessed at from VND 200,000,000 to under VND 500,000,000;g The illegal profit earned is from VND 50,000,000 to under VND 100,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The illegal money or property is assessed at ≥ VND 500,000,000;b The illegal profit earned is ≥ VND 100,000,000;c The offence has a negative impact on security of the national currency or finance A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property 325. Persuading, forcing a person under 18 to commit an offence, or harboring a person under 18 who committed a offence1. Any person aged 18 or over who commits any of the following violations against a person under 18 shall face a penalty of 01 - 05 years' imprisonmenta Persuading, inciting a person under 18 to commit an offence or indulge in debauchery;b Threatening, using violence or other methods to force a person under 18 to commit a criminal offence;c Harboring a person under 18 who committed a This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves more than one person under 18;c The offence involves a user person under 13;d The offence involves very serious crime or extremely serious crime;dd Dangerous The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000, person who commits this offence in the case in Point dd Clause 2 of this Article might also be put under mandatory supervision for 01 - 05 326. Distribution pornographic materials1. Any person who makes, duplicates, publishes, transports, deals in, or stores books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following cases shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence involves an amount of digital data from 01 GB to under 05 GB in size;b The offence involves 50 - 100 physical books or magazines;c The offence involves 100 - 200 physical pictures;d Pornographic materials are distributed among 10 - 20 people;dd The offender incurred an administrative penalty or has a previous conviction for the same offence which has not been This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence involves an amount of digital data from 05 GB to under 10 GB in size;c The offence involves 51 - 100 physical books or magazines;d The offence involves 201 - 500 physical pictures;d Pornographic materials are distributed among 21 - 100 people;e Pornographic materials are distributed to people under 18;g The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;h Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves an amount of digital data ≥ 10 GB;b The offence involves ≥ 101 physical books or magazines;c The offence involves ≥ 501 physical pictures;d Pornographic materials are distributed among ≥ 101 people;4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 327. Harboring prostitutes1. Any person who harbors prostitutes shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b Forced prostitution;c The offence has been committed more than once;d The offence involves ≥ 04 people engaged in prostitution;dd The offence involves a person aged from 16 to under 18 engaged in prostitution;e The offence results in 11% - 45% mental and behavioral disability of the aged from 16 to under 18;g The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;h Dangerous This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence involves a person aged from 13 to under 16 engaged in prostitution;b The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;c The offence results in ≥ 46% mental and behavioral disability of the person engaged in This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment or life imprisonmenta The offence involves ≥ 02 people aged from 13 to under 16engaged in prostitution;b The illegal profit earned is ≥ VND 500,000,000;c Forced prostitution that results in the victim's death or The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or put under mandatory supervision for 01 - 05 years or have part or all of his/her property 328. Procuring1. Any person who encourages or assists the prostitution of others shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence involves a person aged from 16 to under 18 engaged in prostitution;b The offence is committed by an organized group;c The offence is committed in a professional manner;d The offence has been committed more than once;dd The offence involves ≥ 02 people;e The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;g Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves a person aged from 13 to under 16 engaged in prostitution;b The illegal profit earned is ≥ VND 500,000,000;4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, 329. Engaging in prostitution with a person under 181. Any person aged ≥ 18 who engages in prostitution with a person under 18, except for the case in Point b Clause 1 Article 142 hereof, shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence has been committed more than once;b The person engaged in prostitution is from 13 to under 16 years of age;c The offence results in 31% - 60% physical disability of the This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence has been committed more than once and the person engaged in prostitution is from 13 to under 16 years of age;b The offence results in ≥ 61% physical disability of the The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, XXIIOFFENCES AGAINST ADMINISTRATIVE MANAGEMENT ORDERArticle 330. Resisting a law enforcement officer in performance of his/her official duties 1. Any person who uses violence or threat of violence or other methods to obstruct a law enforcement officer from performing his/her official duties or forces a law enforcement officer to act against the law shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment2. This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offender persuades or incites another person to commit the offence; d The offence results in property damage of ≥ VND 50,000,000;dd Dangerous 331. Abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens1. Any person who abuses the freedom of speech, freedom of the press, freedom of religion, freedom of association, and other democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' If the offence has a negative impact on social security, order, or safety, the offender shall face a penalty of 02 - 07 years' 332. Avoiding conscription1. Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offender injures himself/herself to avoid conscription;b The offence is committed in wartime;c The offender drags another person into committing the offence. Article 333. Defying order for enlistment of military reserve force members1. Any person who is a member of a military reserve force but defies the enlistment order in case of a general mobilization order or local mobilization order, war, or necessary enhancement of the standing army to protect the local territory or the nation's sovereignty shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender injures himself/herself to avoid enlistment;b The offender drags another person into committing the offence. Article 334. Violation against regulations of law on conscription1. Any person who abuses his/her position to commit a violation against regulations of law on conscription, enlistment, military training order shall face a penalty of up to 03 years' community sentence or 06 - 36 months' If this offence is committed in wartime, the offender shall face a penalty of 02 - 07 years' The offender might also be prohibited from holding certain positions for 01 - 05 335. Obstruction of conscription1. Any person who deliberately obstructs conscription, enlistment, military training order shall receive a warning or face a penalty of up to 02 years' community sentence or 03 - 24 months' If this offence involves the offender's abuse of his/her power or position or is committed in wartime, the offender shall face a penalty of 02 - 05 years' 336. Illegal civil registration1. Any person who abuses his/her position or power to register or issue civil registration documents against the law despite the fact that he/she was disciplined for the same offence shall receive a warning or face a penalty of up to 03 years' community This offence committed in any of the following cases shall carry a penalty of 03 - 24 months' imprisonmenta Registering or issuing civil registration documents to ≥ 02 people;b The civil registration documents issued or registered against the law are used for commission of illegal The offender might also be prohibited from holding certain positions for 01 - 05 337. Deliberate disclosure of classified information; appropriation, trading, destruction of classified documents1. Any person who deliberately discloses or deals in classified information, except for the cases specified in Article 110 hereof, shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The information is classified as top secret;b The offender misuses his/her position or power to commit the offence;c The offence causes losses in terms of national defense and security or results in diplomatic, economic, or cultural This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence is committed by an organized group;b The information is classified as top secret;c The offence has been committed more than once;d The offence infringes upon the political regime, independence, sovereignty, and territorial The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 338. Involuntary disclosure of classified information; loss of classified documents or items1. Any person who involuntarily discloses classified information or loses a classified document or item shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The information is classified as top secret;b The offence results in losses in terms of national defense and security; causes diplomatic, economic, or cultural damages; infringes upon the political regime, independence, sovereignty, and territorial The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 339. Criminal impersonation Any person who assumes a false position or rank to commit illegal acts other than appropriation of property shall face a penalty of up to 02 years' community sentence or 03 - 24 months' 340. Falsification and use of certificates or documents of organizations1. Any person who falsifies the content of a passport, visa, household registration book, civil registration document, certificate, or another document of an agency or organization, and uses it to commits a criminal offence, or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 50,000,000, or face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence has been committed more than once;b The falsified document is used to commit a very serious crime or extremely serious The offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 341. Fabricating an organization's seal or documents and use thereof1. Any person fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment2. This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence involves 02 - 05 fabricated seals or documents;d The fabricated seal or document is used to commit a criminal offence;dd The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;e Dangerous This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence involves ≥ 6 fabricated seals or documents;b The fabricated seal or document is used to commit a very serious crime or extremely serious crime;c The illegal profit earned is ≥ VND 50,000,0004. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000, 342. Appropriation, trading, destruction of an organization's seal or document1. Any person who appropriates, sells, buys, or illegally destroys an organization's seal or document which is not a classified information or work secret shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence is committed by an organized group;b The illegal profit earned is ≥ VND 10,000,000;c The offence is meant to commit an illegal act;d Dangerous The offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 343. Offences against regulations of law on housing management 1. Any person illegally occupies a residence or builds a house despite the fact that he/she previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall face a penalty of up to 02 years' community sentence or 03 - 24 months' house or work illegally built might be demolished, requisitioned, or The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000, 344. Offences against regulations of law on publishing 1. Any person who violates regulations of law on publishing in any of the following cases shall receive a warning, be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonmenta The offender fails to comply with regulations on editing and approving drafts but still allows the publishing of the work despite the fact that he/she previously incurred a civil penalty for the same offence;b The offender has 2,000 copies of each work printed without certification of publishing registration, publishing decision, or license for publishing of non-business documents; without an approved draft bearing the editor's signature as prescribed by law;c The offender has a work which has been suspended from publishing, recalled, confiscated, banned, destroyed or illegally imported ≥ 500 copies of each of such works;d The offender posts on electronic media a work which is banned or does not have a certification of publishing registration, publishing decision, or license for publishing of non-business documents, or does not an approved draft bearing the editor's signature as prescribed by law;dd The quantity of copies published is below the levels specified in Point b or Point c of this Clause but the offender previously incurred a civil penalty for any of the offences specified in therein or has a previous conviction for the same offence which has not been expunged;e The offender has a work published without submitting its deposit despite the fact that he/she previously incurred a civil penalty for the same This offence committed in any of the following cases, except for the cases specified in Article 117 hereof, shall face a penalty of 02 - 05 years' imprisonmenta The offence is committed by an organized group;b The offender falsifies the approved draft or draft of a non-business document bearing the seal of the issuer of the license for publishing in order to publish banned contents according to the law on publishing;c Publishing a work having banned contents according to the Law on The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 345. Offences against regulations on protection and use of historic - cultural sites or famous landscapes that lead to serious consequences1. Any person who violates regulations of law on protection and use of historic - cultural sites or famous landscapes and cause damage assessed at from VND 100,000,000 to under VND 500,000,000 to the site or landscape, destroys or changes the contributing factors of the site or landscape classified as provincial heritage, or previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged, shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' If the damage inflicted is assessed at ≥ VND 500,000,000 or the site or landscape is classified as national heritage or special national heritage, the offender shall face 03 - 07 years' 346. Offences against regulations of law on bordering area 1. Any person who commits violations against regulations on residence, travel or other regulations on bordering areas despite the fact that he/she previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of 06 - 36 months' In case of recidivism or the offence has a negative impact on social safety, order security of the bordering area, the offender shall face a penalty of 02 - 07 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from residence for 01 - 05 347. Offences against regulations of law on immigration; illegal stay in VietnamAny person who illegally enters, exits Vietnam or stays in Vietnam despite the fact that he/she previously incurred a civil penalty for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of 06 - 36 months' 348. Brokering illegal entry, exit, or stay in Vietnam1. Any person who, for self-seeking purposes, brokers the illegal entry, exit, or stay in Vietnam of another person shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offender abuses his/her position or power to commit the offence;b The offence has been committed more than once;c The offence involves 05 - 10 people;d The offence is committed in a professional manner;dd The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;e Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves ≥ 11 people;b The illegal profit earned is ≥ VND 500,000,000;c The offence results in the death of a The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 349. Organizing, brokering illegal emigration1. Any person who organizes or brokers illegal emigration of another person, except for the case in Article 120 hereof, shall face a penalty of 01 - 05 years' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offender abuses his/her position or power to commit the offence;b The offence has been committed more than once;c The offence involves 05 - 10 people;d The offence is committed in a professional manner;dd The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;e Dangerous This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves ≥ 11 people;b The illegal profit earned is ≥ VND 500,000,000;c The offence results in the death of a The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 350. Forcing another person to illegally emigrate1. Any person who forces another person to illegally emigrate, except for the case in Article 120 hereof, shall face a penalty of 02 - 07 years' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence has been committed more than once;b The offence involves 05 - 10 people;c The offence is committed in a professional manner;d The offender is committed by despicable motives;dd Dangerous This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence involves ≥ 11 people;b The offence results in the death a 351. Desecration of national flag, national emblem, national anthemAny person who deliberately desecrates the national flag, national emblem, national anthem shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' XXIIIOFFENCES RELATED TO ABUSE OF POWERArticle 352. Concept1. Abuse of power means acts of infringement upon rightful activities of an agency or organization committed by an officer-holder in performance of his/her official An office-holder means a person who is given certain duties and power through appointment, election, contract conclusion, or another method. An office-holder might or might not receive 1. CORRUPTION-RELATED CRIMESArticle 353. Embezzlement1. Any person who abuses his/her position or power to embezzle property under his/her management assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following cases shall face a penalty of 02 - 07 years' imprisonmenta The offender was disciplined for the same offence;b The offender has a previous conviction for any of the offences specified in Section 1 of this Chapter which has not been This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offence involves deceitful or dangerous methods;c The offence has been committed more than once;d The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;dd The money or property embezzled was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged areas;e The offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000,000;g The offence has a negative impact on life of officials, public employees, and workers of an agency or This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;b The offence results in property damage of from VND 3,000,000,000 to under VND 5,000,000,000;c The offence has a negative impact on social security, order, or safety;d The offence results in bankruptcy or shutdown of another enterprise or This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment, or deatha The property embezzled is assessed at ≥ VND 1,000,000,000;b The offence results in property damage of ≥ VND 5,000,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this 354. Taking bribes1. Any person who abuses his/her power to directly or through an intermediary receive or promise to receive any of the following benefits for himself/herself or for another person or organization as a condition to act or not to act in the interests of or at the request of the bribe giver shall face a penalty of 02 - 07 years' imprisonmenta Money, property, or other tangible benefit assessed at from VND 2,000,000 to under VND 100,000,000, or under VND 2,000,000 but the bribe recipient was disciplined for the same offence or has a previous conviction for any of the offences specified in Section 1 of this Chapter which has not been expunged;b Intangible This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The bribe is money, property, or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000,000;dd The offence has been committed more than once;e The offender knows that the bribe is state property;g The offender solicits bribes, or employs a deceitful method to take This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonmenta The bribe is money, property, or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000;b The offence results in property damage of from VND 3,000,000,000 to under VND 5,000,000, This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment, life imprisonment, or deatha The bribe is money, property, or other tangible benefits assessed at ≥ VND 1,000,000,000;b The offence results in property damage of ≥ VND 5,000,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property Officer-holders in enterprises and organizations other than state organizations who take bribes shall be dealt with in accordance with this Article. Article 355. Abuse of power or position for appropriation of property1. Any person who abuses his/her position or power to appropriate another person's property assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 in any of the following cases shall face a penalty of 01 - 06 years' imprisonmenta The offender was disciplined for the same offence; b The offender has a previous conviction for any of the offences specified in Section 1 of this Chapter which has not been This offence committed in any of the following cases shall carry a penalty of 06 - 13 years' imprisonmenta The offence is committed by an organized group;b The offence involves deceitful or dangerous methods;c The offence has been committed more than once;d The property appropriated is assessed at from VND 100,000,000 to under VND 500,000,000;dd The offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000,000;e The money or property appropriated was meant for poverty reduction, provision of benefits for wartime contributors, contribution to reserve funds, provision of emergency aid for people in areas suffering from a natural disaster or epidemic or extremely disadvantaged This offence committed in any of the following cases shall carry a penalty of 13 - 20 years' imprisonmenta The property embezzled is assessed at from VND 500,000,000 to under VND 1,000,000,000;b The offence results in property damage of from VND 3,000,000,000 to under VND 5,000,000,000;c The offence results in bankruptcy or shutdown of another enterprise or organization;d The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonmenta The property embezzled is assessed at ≥ VND 1,000,000,000;b The offence results in property damage of ≥ VND 5,000,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000,000 or have part or all of his/her property 356. Abuse of power or position in performance of official duties 1. Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage of from VND 10,000,000 to under VND 200,000,000 or infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years' community sentence or 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence results in property damage of from VND 200,000,000 to under VND 1,000,000, If the offence results in property damage of ≥ VND 1,000,000,000, the offender shall face a penalty of 10 - 15 years' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 100,000, 357. Acting beyond authority in performance of official duties 1. Any person who, for personal gain or other self-seeking purposes, acts against his/her official duties beyond his/her authority and as a result causes property damage of from VND 10,000,000 to under VND 100,000,000 or infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of 01 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence results in property damage of from VND 100,000,000 to under VND 500,000, If the offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000, the offender shall face a penalty of 10 - 15 years' If the offence results in property damage of ≥ VND 1,500,000,000, the offender shall face a penalty of 15 - 20 years' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 100,000, 358. Abuse of power or position to influence another person for personal gain1. Any person who abuses his/her position or power to directly or through an intermediary request, receive or promise to receive any of the following benefits in order to influence an office-holder to perform or not to perform certain duties or tasks or to commit a prohibited act shall face a penalty of 01 - 06 years' imprisonmenta Money, property, or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but the offender was disciplined for the same offence;b Intangible This offence committed in any of the following cases shall carry a penalty of 06 - 13 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The money, property or other tangible benefits are assessed at from VND 100,000,000 to under VND 500,000,000;d The offence results in property damage of from VND 1,000,000,000 to under VND 3,000,000, This offence committed in any of the following cases shall carry a penalty of 13 - 20 years' imprisonmenta The money, property or other tangible benefits are assessed at from VND 500,000,000 to under VND 1,000,000,000;b The offence results in property damage of from VND 3,000,000,000 to under VND 5,000,000, This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonmenta The money, property or other tangible benefits are assessed at ≥ VND 1,000,000,000;b The offence results in property damage of ≥ VND 5,000,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 100,000, 359. Commission of fraud in performance of duties1. Any person who, for personal gain or other self-seeking purposes, abuses his/her position or power to commit any of the following acts shall face a penalty of 01 - 05 years' imprisonmenta Falsifying a document;b Fabricating a document or issuing a fabricated document;c Forging an office holder's This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offender is the person in charge of making or issuing documents;c The offence involves 02 - 05 fabricated This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence involves 05 - 10 fabricated documents;b The offence is meant to serve the commission of a less serious crime or serious This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offence involves ≥ 11 fabricated documents;b The offence is meant to serve the commission of very serious crime or extremely serious The offender might also be liable to a fine of VND 10,000,000 - VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 2. OTHER OFFENCES RELATED TO ABUSE OF POWERArticle 360. Negligence that results in serious consequences1. Any person who negligently fails to perform or correctly perform his/her in any of the following cases, except for the cases in Article 179, Article 308, and Article 376 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonmenta The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;b The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% - 121%;d The offence results in property damage of from VND 100,000,000 to under VND 500,000, This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of 02 people;b The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% - 200%;d The offence results in property damage of from VND 500,000,000 to under VND 1,500,000, This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the death of ≥ 03 people;b The offence results in bodily harm to ≥ 03 people, each of whom suffers from ≥ 61% physical disability;c The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;d The offence results in property damage of ≥ VND 1,500,000, If this offence results in bodily harm to 01 person who suffers from 31% - 60% physical disability, or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% - 60%, except for the cases in Article 179, 308, and 376 hereof, the offender shall face a penalty of up to 02 year's community sentence or 03 - 24 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 361. Deliberate revelation of work secrets; appropriation, trading, destruction of work secret documents1. Any person who deliberately discloses, appropriates, buys, sells, or destroys work secrets, except for the cases specified in Article 110, 337, and 342 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 35 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The illegal profit earned is ≥ VND 50,000,000;d The offence results in property damage of ≥ VND 100,000,000;dd The offence has a negative impact on the operation of an agency or organization;e The secrets are used by another person to commit violations of The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 362. Involuntary revelation of work secrets; loss of work secret documents1. Any person who involuntarily discloses work secrets or loses work secret documents in any of the following cases, except for the cases specified in Article 338 hereof, shall receive a warning or face a penalty of up to 03 years' community sentencea The offence has a negative impact on the operation of an agency or organization;b The offence results in property damage of from VND 100,000,000 to under VND 500,000,000;c The secrets are used by another person to serve the commission of a less serious crime or serious This offence committed in any of the following cases shall carry a penalty of 03 - 24 months' imprisonmenta The offence results in property damage of ≥ VND 500,000,000;b The secrets are used by another person to serve the commission of very serious crime or extremely serious The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 363. Abandonment of duties1. Any official or public employee who abandons his/her duties in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment a The offence results in ≥ 31% physical disability of another person;b The offence results in property damage of from VND 300,000,000 to under VND 1,000,000,000;c The offender was disciplined for the same This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in the death of a person;b The offender persuades another person to abandon his/her duty; c The offence results in property damage of ≥ VND 1,000,000,000;d The offence is committed in wartime, occurrence of a natural disaster, epidemic, or hardship of society. 3. The offender might also be prohibited from holding certain positions for 01 - 05 364. Giving bribes1. Any person who directly or through an intermediary gives or promises to give any of the following benefits to an office holder or another person or organization in order to influence him/her to perform or not to perform certain tasks in the interests of or at the request of the bribe giver shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 30 years' community sentence or 06 - 36 months' imprisonmenta Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;b Intangible This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence involves deceitful methods;c The bribe is state property;d The offender abuses his/her position or power to commit the offence;dd The offence has been committed more than once;e The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000, If the bribe is money, property or other tangible benefits assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 07 - 12 years' If the bribe is money, property or other tangible benefits assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 12 - 20 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, Any person who promises to bribe a foreign official, an official of a public international organization, or an office holder in an enterprise or organization other than state organizations shall be dealt with in accordance with this Any person who is forced to give bribes but voluntarily reports the bribery before being discovered shall be acquitted and have the money or property used as bribe returned. Any person who is not forced to give bribes but voluntarily report the bribery before being discovered might be exempt from criminal responsibility and have all or part of the money or property used as bribe 365. Brokering bribery1. Any person who brokers bribery in any of the following cases shall be liable to a fine of from VND 20,000,000 to under VND 200,000,000 or face a penalty of up to 0 years' community sentence or 06 - 36 months' imprisonmenta The bribe is money, property, or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;b The bribe is intangible This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence is committed in a professional manner;c The offence involves deceitful methods;d The offender knows that the bribe is state property;dd The offender abuses his/her position or power to commit the offence;e The offence has been committed more than once;g The bribe is assessed at from VND 100,000,000 to under VND 500,000, If the bribe is assessed at from VND 500,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 05 - 10 years' If the bribe is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 08 - 15 years' The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000, The bribe broker who voluntarily reports the bribery before being discovered might be exempt from criminal Any person who brokers bribery in an enterprise or organization other than state organizations shall be dealt with in accordance with this 366. Abuse of influence over an office holder for personal gain1. Any person who directly or through an intermediary receives any of the following benefits and in order abuse his/her influence over an office-holder to urge him/her to perform or not to perform certain duties or tasks or to commit a prohibited act, or any person who was disciplined for this offence but still recommits it, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;b Intangible This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence has been committed more than once;b The bribe is money, property or other tangible benefits assessed at from VND 100,000,000 to under VND 500,000,000;c Dangerous If the bribe is money, property or other tangible benefits assessed at ≥ VND 500,000,000, the offender shall face a penalty of 05 - 10 years' The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000, XXIVPUBLIC JUSTICE OFFENCESArticle 367. ConceptPublic justice offences are acts of infringement upon the righteousness of proceedings and enforcement of 368. Bringing criminal prosecution against an innocent person1. Any competent person who brings criminal prosecution against a person in the knowledge that the person is innocent shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The innocent person is prosecuted for an offence against national security or another extremely serious crime;b The offence is committed against 02 - 05 people;c The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, or an old and weak person;d The offence results in 11% - 45% mental and behavioral disability of the victim;dd The offence results in a wrongful conviction of an innocent person for a less serious crime or serious crime;e The offence has a negative impact on social security, order, or safety. 3. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence is committed against ≥ 06 people;b The offence results in a wrongful conviction of an innocent person for a very serious crime or extremely serious crime;c The offence results in ≥ 46% mental and behavioral disability of the victim;d The offence results in the suicide of the person wrongly The offender might also be prohibited from holding certain positions for 01 - 05 369. Failure to bring criminal prosecution against a guilty person1. Any competent person who fails to bring criminal prosecution against a person in the knowledge that the person is guilty shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The person who escapes criminal prosecution committed a very serious crime;b The offence involves 02 - 05 people who escape criminal prosecution;c The person who escapes criminal prosecution has fled or obstructs the process of investigation, prosecution, trial, or continues to commit another less serious crime or serious crime; d The offence results in the person who escapes criminal prosecution taking revenge on the persons who reported the crime, the victim or witness;dd The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence involves ≥ 05 people who escape criminal prosecution;b The person who escapes criminal prosecution committed an offence against national security or another extremely serious crime; c The person who escapes criminal prosecution continues to commit another very serious crime or extremely serious crime;d The offence results in the suicide of the The offender might also be prohibited from holding certain positions for 01 - 05 370. Passing an illegal judgment1. Any judge or jury member who passes a judgment in the knowledge that it is illegal shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence has been committed more than once;b The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, or an old and weak person;c The offence results in a wrongful conviction of an innocent person for a serious crime or very serious crime;d The offence results in omission of a serious crime or very serious crime or a perpetrator of a serious crime or very serious crime;dd The offence results in 11% - 45% mental and behavioral disorder of the defendant, victim, or plaintiff;e The offence results in property damage of VND 500,000,000 - VND 1,000,000,000;g The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in a wrongful conviction of an innocent person for an extremely serious crime;b The offence results in omission of an extremely serious crime or a perpetrator of an extremely serious crime;c The offence results in ≥ 46% mental and behavioral disorder of the defendant, victim, or plaintiff;d The offence results in the suicide of the defendant, victim, or plaintiff;dd The offence results in property damage of ≥ VND 1,000,000, The offender might also be prohibited from holding certain positions for 01 - 05 371. Issuing an illegal decision1. Any competent person who, in the course of proceedings or enforcement of judgment, issues a decision in the knowledge that it is illegal and as a result causes property damage of from VND 50,000,000 to under VND 200,000,000 or infringes upon lawful rights and interests of the State or another organization or individual, except for the cases in Article 368, 369, 370, 377, and 378 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offence has been committed more than once;c The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, or an old and weak person;d The offence results in 11% - 45% mental and behavioral disorder of the person who is arrested, taken into police custody, the suspect, the defendant, the convict, the person required to serve the judgment, the victim, or the plaintiff;dd The offence results in property damage of from VND 200,000,000 to under VND 1,000,000,000;e The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in ≥ 46% mental and behavioral disorder of the person who is arrested, taken into police custody, the suspect, the defendant, the convict, the person required to serve the judgment, the victim, or the plaintiff;b The offence results in the suicide of the person who is arrested, taken into police custody, the suspect, the defendant, the convict, the person required to serve the judgment, the victim, or the plaintiff;c The offence results in property damage of ≥ VND 1,000,000, The offender might also be prohibited from holding certain positions for 01 - 05 372. Forcing a judicial officer to act against the law1. Any person who abuses his/her position or power to force a judicial officer to act against the law and as a results infringes upon the interest of the State, or the lawful rights and interests or another organization or individual or causes property damage of from VND 50,000,000 to under VND 200,000,000 shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmentb The offence has been committed more than once; b The offence results in an illegal judgment or decision;c The offence involves the use of violence, threat of violence, or other dangerous or deceitful methods;d The offence results in property damage of from VND 200,000,000 to under VND 1,000,000,000;dd The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence results in wrongful conviction of an innocent person or omission of a crime;b The offence results in property damage of ≥ VND 1,000,000, The offender might also be prohibited from holding certain positions for 01 - 05 373. Use of torture1. Any person who, in the course of proceedings, trial, or implementation of measures including mandatory attendance at a correctional institution or rehabilitation center, uses torture or brutally treats or insults another person in any shape or form shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence has been committed more than once;b The offence is committed against ≥ 02 people;c The offence involves deceitful methods;d The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person, or a person having a serious physical disability or extremely serious physical disability;dd The offence results in 11% - 60% physical disability of another This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in ≥ 61% physical disability of another person;b The offence results in the suicide of the tortured If the offence results in the death of the tortured person, the offender shall face a penalty of 12 - 20 years' imprisonment or life The offender might also be prohibited from holding certain positions for 01 - 05 374. Obtainment of testimony by duress1. Any person who, in the course of proceedings, employs illegal methods to force an interrogated person to provide information about the case shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence has been committed more than once;b The offence is committed against ≥ 02 people;c The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person, or a person having a serious physical disability or extremely serious physical disability;d The offender uses torture, maltreats, or insults the interrogated person;dd The offence involves deceitful methods;e The offence results in falsification of the result of accusation, investigation, prosecution, or trial;g The interrogated person is forced to provide false This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence results in the suicide of the interrogated person;b The offence results in omission of a less serious crime or serious This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offence results in the suicide of the interrogated person;b The offence results in wrongful conviction of an innocent person;c The offence results in omission of a very serious crime or extremely serious The offender might also be prohibited from holding certain positions for 01 - 05 375. Falsification of case files1. Any investigator, prosecutor, judge, jury member, court clerk, or any other judicial officer, advocates of litigant who falsify, swap, destroy, or damage documents or evidence of the case, or uses other methods to falsify the content of the case shall face a penalty of 01 - 05 years' This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed by an organized group;b The offence results in wrong result of the case;c The offence results in property damage of from VND 500,000,000 to under VND 1,000,000, This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonmenta The offence results in wrongful conviction of an innocent person or omission of a crime;b The offence results in the suicide of the person who is arrested, taken into police custody, the suspect, the defendant, the convict, the person required to serve the judgment, the victim, or the plaintiff;c The offence results in property damage of ≥ VND 1,000,000, The offender might also be prohibited from holding certain positions for 01 - 05 376. Negligence resulting in escape of a detainee or prisoner1. Any person who is responsible for guarding or escorting a detainee or prisoner but negligently lets him/her escape in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonmenta The offence results in the suspension of the case;b The escapee takes revenge on the proceeding officer or participant;c The escapee continues to commit another less serious crime or serious This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in the termination of the case;b The escapee continues to commit another very serious crime;c The offence involves 02 - 05 escapees;d The escapee committed a very serious crime;dd The offence has a negative impact on social security, order, or This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The escapee continues to commit another extremely serious crime;b The offence involves ≥ 06 escapees;c The escapee committed an extremely serious The offender might also be prohibited from holding certain positions for 01 - 05 377. Abuse of position or power to hold a person in detention or custody against the law1. Any person who abuses his/her position or power to commit any of the following acts shall face a penalty of 06 - 36 months' imprisonmenta Failure to issue a decision to release a person who is released as prescribed by law;b Issuing a decision to arrest or hold a person in detention or custody without any basis as prescribed by law;c Failure to implement the decision to release a person who is released as prescribed by law;d Arresting, holding a person in detention or custody without an order or decision as prescribed by law or under an order or decision which has not taken effect;dd Failure to issue an order or decision to extend the period of detention or custody; changing, cancelling the temporary detention method at the end of the temporary detention period causing the detainees to be held in detention behind This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence involves 02 - 05 people held in detention or custody against the law;b The offence results in 31% - 60% physical disability of the person held in detention or custody against the law;c The offence results in extreme hardship of the detainee or his/her family;d The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, an old and weak person, or a person having a serious physical disability or extremely serious physical This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence involves ≥ 06 people held in detention or custody against the law;b The offence results in ≥ 61% physical disability or death of the person held in detention or custody against the law;c The offence results in the suicide of the detainee;d The offence results in separation of the detainee's The offender might also be prohibited from holding certain positions for 01 - 05 378. Illegally releasing a person under arrest, a person held in temporary detention, or a prisoner1. Any person who abuses his/her position or power to illegally release a person under arrest, a person held in temporary detention, or a prisoner shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment;2. This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta Illegally releasing a person under arrest, a person held in temporary detention, or a prisoner who committed a very serious crime or extremely serious crime;b The illegally released person escapes or obstructs the process of investigation, prosecution, trial, or continues to commit another less serious crime or serious crime;c The illegally released person takes revenge on the proceeding officer or participant;dd The offence involves 02 - 05 people illegally This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence involves ≥ 06 people illegally released;b The illegally released person committed a very serious crime or extremely serious The offender might also be prohibited from holding certain positions for 01 - 05 379. Failure to execute a judgment1. Any competent person who deliberately omits to issue a decision to execute a judgment or fails to execute a judgment or decision of a court in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment a The offender was disciplined for the same offence; b The offence results in the escape of the convict;c The time limit for judgment execution expires; d The offence gives an opportunity for the convict to liquidate or hide his/her property and thus fails to implement the judgment with an amount of from VND 50,000,000 to under VND 200,000, This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence has been committed more than once;b The convict continues to commit another less serious crime or serious crime;c The offence gives an opportunity for the convict to liquidate or hide his/her property and thus fails to implement the judgment with an amount of from VND 200,000,000 to under VND 1,000,000, This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The convict continues to commit another very serious crime or extremely serious crime;b The offence gives an opportunity for the convict to liquidate or hide his/her property and thus fails to implement the judgment with an amount of ≥ VND 1,000,000, The offender might also be prohibited from holding certain positions for 01 - 05 380. Failure to serve a judgment1. If a person who is capable of but fails to serve a judgment or decision of the court which has taken effect despite the fact that enforcement measures have been taken as prescribed by law or an administrative penalty for the same offence has been imposed, such person shall face a penalty of 03 - 24 months' imprisonment. 2. This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offender resists the bailiff or a law enforcement officer;b The offence involves deceitful methods;c The offender liquidates or hides his/her The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000, 381. Obstruction of judgment execution1. Any person who abuses his/her position or power to obstruct the execution of a judgment in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment a The offence results in the escape of the convict;b The time limit for judgment execution expires; c The offence gives an opportunity for the convict to liquidate or hide his/her property and thus fails to implement the judgment with an amount of from VND 50,000,000 to under VND 200,000,000;d The offence results in property damage of from VND 50,000,000 to under VND 200,000, This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offence has been committed more than once;b The convict continues to commit another crime;c The offence gives an opportunity for the convict to liquidate or hide his/her property and thus fails to implement the judgment with an amount of ≥ VND 200,000,000;d The offence results in property damage of ≥ VND 200,000, The offender might also be prohibited from holding certain positions for 01 - 05 382. Providing false documents or giving false statements1. A witness, expert, valuator, translator, interpreter, advocate who gives a false conclusion, makes a false translation, or provides documents in the knowledge that they are untruthful shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The offence is committed by an organized group;b The offence results in misjudgment of the This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence has been committed more than once;b The offence results in wrongful conviction of an innocent person or omission of a The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 383. Refusal to give testimony, expert's conclusion, valuator's conclusion, or refusal to provide documents1. A witness other than those specified in Clause 2 Article 19 hereof, an expert, valuator, translator or interpreter who refuses to or avoid giving expert's conclusion or valuator's conclusion or refuses to provide documents without acceptable reasons shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 384. Bribing or forcing another person to give testimony or provide documents1. Any person who bribes or forces the witness, victim, litigant in a criminal, administrative, or civil case to give false testimony or provide untruthful documents or not to give testimony or provide documents; bribes or forces the expert or valuator to give a false conclusion, or the translator or interpreter to make incorrect translation shall face a penalty of up to 03 years' community sentence or 03 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence involves the use of violence, threat of violence, or other dangerous methods;b The offender abuses his/her position or power to commit the offence;c The offence results in misjudgment of the 385. Offenses against regulations on sealing, foreclosing property, freezing accounts1. Any person who is responsible for management of foreclosed property, sealed property, sealed exhibits, or frozen accounts but commits any of the following acts shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment a Breaking the seal or unfreezing the account without a decision of a competent person;b Using, transferring, swapping, hiding, or destroying foreclosed This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence results in misjudgment of the case;b The offence results in the failure of the suspect, the convict, or the person responsible for executing the judgment to execute the judgment with an amount of ≥ VND 100,000, The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 386. Escape from detention facility or during escort or trial1. Any person who escapes while being kept in detention, escorted, tried, or serving an imprisonment shall face a penalty of 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed by an organized group;b The offender uses violence against the guards of 387. Swapping a person under arrest, a person held in temporary detention, or a prisoner1. Any person swaps a person under arrest, a person held in temporary detention, or a prisoner, except for the cases specified in Article 119 hereof, shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The offender uses violence against the guards of escorters;d The person swap committed an offence against national security or is sentenced to The offender might also be prohibited from holding certain positions for 01 - 05 388. Violations against regulations on detention1. A person who commits any of the following violations against regulations of law on detention despite the fact that he/she was disciplined or incurred administrative penalties for the same offence or has a previous conviction for the same offence which has not been expunged, except for the cases in Article 119, 170, 252, 253, 254 and 255 hereof, shall face a penalty of 06 - 36 months' imprisonmenta Causing disruption or defying orders of the competent person in detention management;b Destroying or deliberately damaging property;c Extortion of property;d Bringing in, storing, appropriating, or organizing the use of narcotic substances, narcotic drugs, or psychotropic drugs;dd Bringing in, storing, or using personal communications This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed by an organized group;b The offender abuses his/her position or power to commit the offence;c The offence involves deceitful methods;d Dangerous The offender might also be prohibited residence for 01 - 03 years, prohibited from holding certain positions for 01 - 03 389. Concealment of crimes1. Any person who, without prior promises, conceals any of the following crimes, except for the cases in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonmenta The crimes against national security specified in Article 108 through 121;b Article 123 Murder; Article 141, Clause 2 through 4 Rape; Article 142 Rape of a person under 16; Article 144 Forcible sexual intercourse with a person aged from 13 to under 16 Article 146, Clause 2 and 3 Obscenity towards a person under 16; Article 150, Clause 2 and 3 Human trafficking;c Article 151 Trafficking of a person under 16; Article 152 Swapping a person under 01 year of age; Article 153 Abduction of a person under 16; Article 154 Trading, appropriation of human tissues or body parts;d Article 168 Robbery; Article 169 Kidnapping for ransom; Article 174, Clause 2 through 4 Theft; Article 174, Clause 2 through 4 Obtaining property by fraud; Article 175, Clause 2 through 4 Abuse of trust to appropriate property; Article 178, Clause 2 through 4 Deliberate destruction of property;dd Article 188, Clause 3 and 4 Smuggling; Article 189, Clause 3 Illegal transport of goods or money across the border; Article 190, Clause 2 and 3 Manufacturing and trading of banned goods; Article 191, Clause 2 and 3 Storage, transport of banned goods; Article 192, Clause 2 and 3 producing and trading counterfeit goods; Article 193 Manufacturing and trading of counterfeit food or food additives; Article 194 Manufacturing and trading of counterfeit medicines for treatment or prevention of diseases; Article 195, Clause 2 and 3 Manufacturing and trading of counterfeit animal feeds, fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds; Article 196, Clause 2 and 3 Hoarding; Article 205, Clause 3 and 4 Establishing illegal funds; Article 206, Clause 2 and 3 Violations against regulations on operation of credit institutions and branches of foreign banks; Article 207 Production, storage, transport of counterfeit money; Article 208 Production, storage, transport, circulation of counterfeit negotiable instruments or other valuable papers; Article 219, Clause 2 and 3 Offences against regulations on the management and use of State-owned property that lead to losses or wastefulness; Article 220, Clause 2 and 3 Offences against regulations on the management and use public capital that lead to serious consequences; Article 221, Clause 2 and 3 Offences against regulations of law on accounting that lead to serious consequences; Article 222, Clause 2 and 3 Offences against regulations of law on bidding that lead to serious consequences; Article 223, Clause 2 and 3 Collusion with taxpayer that lead to serious consequences; Article 224, Clause 2 and 3 Offences against regulations of law on investment in construction that lead to serious consequences; Article 243, Clause 2 and 3 Forest destruction;e Article 248 Illegal manufacturing of narcotic substances; Article 249 Illegal storage of narcotic substances; Article 250 Illegal transport of narcotic substances; Article 251 Illegal trading of narcotic substances; Article 252 Appropriation of narcotic substances; Article 253. Storage, transport, trading, or appropriation of precursors for illegal manufacturing of narcotic substances; Article 254, Clause 2 Manufacturing, storage, transport, trading of instruments and equipment serving illegal manufacturing or use of narcotic substances; Article 255 Illegal organization of use of narcotic substances; Article 256 Concealment of illegal use of narcotic substances; Article 257 Forcing others to use narcotic substances; Article 258. Persuading or inciting others to use narcotic substances; Article 259, Clause 2 Offences against regulations on management, use of narcotic substances, precursors, narcotic drugs, and psychotropic drugs;g Article 265, Clause 2 through 4 Organizing illegal street races; Article 282 Hijacking of an airplane or ship; Article 304 Illegal manufacture, storage, transport, use, or appropriation of military weapons or devices; Article 299 Terrorism; Article 301 Taking hostages; Article 302 Piracy; Article 303 Destruction of work, facility, equipment important for national security; Article 304 Illegal manufacture, storage, transport, use, or appropriation of military weapons or devices; Article 305, Clause 2 through 4 Illegal manufacture, storage, transport, use, trading or appropriation of explosive materials; Article 309, Clause 2 through 4 Illegal manufacture, storage, transport, use, spreading, trading or appropriation of radioactive substances or nuclear materials; Article 311, Clause 2 through 4 Illegal manufacture, storage, transport, use, or trading of flammable or toxic substances;h Article 329, Clause 2 and 3 Procuring a minor for prostitution;i Article 353, Clause 2 through 4 Embezzlement; Article 354, Clause 2 through 4 Taking bribes; Article 355, Clause 2 through 4 Abuse of power or position for appropriation of property; Article 356, Clause 2 and 3 Abuse of power or position in performance of official duties; Article 357, Clause 2 and 3 Acting beyond authority in performance of duties; Article 358, Clause 2 through 4 Abuse of power or position to influence another person for personal gain; Article 359, Clause 2 through 4 Commission of fraud in performance of duties; Article 364, Clause 2 through 4 Giving bribes; Article 365, Clause 2 through 4 Brokering bribery;k Article 373, Clause 3 and 4 Use of torture; Article 374, Clause 3 and 4 Obtainment of testimony by force; Article 386, Clause 2 Escape from detention facility or during escort or trial;l Disruption of peace, crimes against humanity, and war crimes specified in Article 421 through If the offence involves the offender's abuse of power or other acts of protecting the criminal, the offender shall face a penalty of 02 - 07 years' 390. Misprision1. Any person who knows about the preparation or commission of any of the crimes specified in Article 389 hereof but fails to report it, except for the cases in Clause 2 Article 19 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' The person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or 391. Disruption in court 1. Any person who insults jury members or other people present at the court or damages property shall be liable to a fine of from VND 10,000,000 to VND 100,000,000, face a penalty of up to 01 year's community sentence, or 03 - 12 months' This offence committed in any of the following cases shall carry a penalty of 01 - 03 years' imprisonmenta The court session has to be suspended;b A member of the trial panel is XXVINFRINGEMENTS UPON DUTIES AND RESPONSIBILITIES OF SERVICEMEN AND COOPERATORS WITH THE ARMY IN WARTIMEArticle 392. People having criminal responsibility for infringement upon duties and responsibilities of servicemen1. Servicemen, military workers and Reserve servicemen during training Militia members in cooperation with the army in Citizens recruited to the 393. Giving orders against the law1. Any person who abuses his/her position to give order against the law and as a result causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in very serious If the offence results in extremely serious consequences or in other extremely serious cases, the offender shall face a penalty of 07 - 15 years' 394. Insubordination1. Any person who defies or deliberately fails to follow an order given by a competent person shall face a penalty of 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender is a commander or commissioned officer;b The offender drags another person into committing the offence; c The offence involves the use of violence;d The offence results in very serious This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in very serious If the offence results in extremely serious consequences, the offender shall face a penalty of 12 - 20 years' imprisonment or life 395. Failure to strictly follow orders1. Any person follows an order given by a competent person in an inattentive, tardy, or arbitrary manner and as a result causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in very serious consequences or extremely serious 396. Obstruction of companions from carrying out their duties1. Any person who obstructs a companion from carrying out his/her mission and causes him/her to fail to accomplish or fully accomplish the mission shall face a penalty of up to 03 years' community sentence or 03 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offender drags another person into committing the offence; c The offence involves the use of violence;d The offence results in serious consequences or very serious This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in extremely serious 397. Insulting companions1. Any person who seriously insults his/her companion in their working relationship shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 02 - 05 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed against a commander or superior officer;c The offence is committed because of the victim's official duties;dd The offence is committed in a warzone;dd The offence has been committed more than once;e The offence is committed against ≥ 02 people;g The offence results in ≥ 46% mental and behavioral disability of the victim;h The offence results in the suicide of the 398. Assaulting companions1. Any person who deliberately inflicts bodily harm to his/her companion in working relationship, except for the cases in Article 135 hereof, shall face a penalty of up to 03 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed against a commander or superior officer;c The offence is committed because of the insulted person's official duties;dd The offence is committed in a warzone;dd The offence results in serious consequences, very serious consequences or extremely serious 399. Surrendering to enemy1. Any person surrenders himself/herself to the enemy shall face a penalty of 03 - 10 years' This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonmenta The offender is a commander or commissioned officer;b The offender surrenders a weapon or military equipment to the enemy;c The offender provides important documents or discloses military secrets to the enemy;d The offender drags another person into committing the offence;dd The offence results in serious consequences or very serious This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonment or life imprisonmenta The offender provides or classified documents or items, or discloses classified information to the enemy;b The offence results in extremely serious 400. Providing information or voluntarily working for the enemy as a prisoner of war1. Any person who provides secret military information or voluntarily works for the enemy while being captured as a prisoner of war shall face a penalty of 01 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offender is a commander or commissioned officer;b The offender treats other prisoners cruelly;c The offender persuades another person to commit this offence;d The offence results in serious consequences or very serious This offence committed in any of the following cases shall carry a penalty of 12 - 20 years' imprisonmenta The offender provides or classified documents or items, or discloses classified information to the enemy;b The offence results in extremely serious 401. Abandonment of combat position or failure to discharge duties in battle1. Any person who abandons his/her combat position or fails to discharge his/her duties in battle shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offender is a commander or commissioned officer;b The offender abandons military equipment or military secret documents;c The offender drags another person into committing the offence;d The offence results in serious consequences or very serious If the offence results in extremely serious consequences, the offender shall face a penalty of 10 - 20 years' 402. Desertion1. Any person who leaves the unit to evade military service whether in wartime or does so despite the fact that he/she was disciplined for the same offence or causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offender drags another person into committing the offence; c The offender carries, abandons military weapons or equipment or secret documents;d The offence results in very serious This offence committed in any of the following cases shall carry a penalty of 05 - 12 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in extremely serious 403. Breaches of duty1. Any person who injures himself/herself or employs other deceitful methods to evade discharging his/her duties shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offender drags another person into committing the offence; c The offence is committed in wartime;d The offence is committed during a rescue mission;dd The offence is committed in time of emergency;e The offence results in very serious If the offence results in very serious consequences or extremely serious consequences, the offender shall face a penalty of 05 - 10 years' 404. Deliberate disclosure of military secrets1. Any person who deliberately discloses military secrets, except for the cases specified in Article 110, 337, and 361 hereof, shall face a penalty of 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed in a warzone;c The offence is committed in battle;d The offence results in serious consequences, very serious consequences or extremely serious 405. Appropriation, trading, or destruction of military secret documents1. Any person who appropriates, buys, sells, or destroys military secret documents, except for the cases specified in Article 110, 337, and 361 hereof, shall face a penalty of 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed in a warzone;c The offence is committed in battle;d The offence results in serious consequences, very serious consequences or extremely serious 406. Involuntary disclosure of military secrets1. Any person who involuntarily discloses military secrets, except for the cases specified in Article 338 and 362 hereof, shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed in a warzone;c The offence is committed in battle;d The offence results in serious consequences, very serious consequences or extremely serious 407. Loss of military secret documents1. Any person who loses military secret documents, except for the cases specified in Article 338 and 362 hereof, shall face a penalty of up to 02 years' community sentence or 03 - 24 months' This offence committed in any of the following cases shall carry a penalty of 01 - 05 years' imprisonmenta The offender is a commander or commissioned officer;b The offence is committed in a warzone;c The offence is committed in battle;d The offence results in serious consequences, very serious consequences or extremely serious 408. Making false records1. Any person who deliberately makes false records on military operations and causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed in time of emergency;d The offence results in very serious consequences or extremely serious 409. Breaches of guard duty 1. Any person who fails to strictly discharge his guard duty and causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence is committed during a rescue mission;d The offence is committed in time of emergency;dd The offence results in very serious consequences or extremely serious 410. Offences against regulations of law on protection 1. Any person who fails to strictly comply with regulations on patrol, guard, escort in any of the following cases shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonmenta The guarded or escorted person is injured;b The offence results in damage of military equipment;c The offence results in property damage of from VND 100,000,000 to VND 500,000,000;d The offence results in very serious This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offence results in the death of the guarded or escorted person;b The offence results in loss of military equipment;c The offence is committed in battle;dd The offence is committed in a warzone;dd The offender persuades another person to commit the offence; e The offence results in very serious consequences or extremely serious 411. Offences against regulations of law on safety in battle or training 1. Any person who fails to strictly comply with regulations on safety in battle or training and causes serious consequences shall face a penalty of up to 03 years' community sentence or 01 - 05 years' If the offence results in very serious consequences or extremely serious consequences, the offender shall face a penalty of 03 - 10 years' 412. Offences against regulations of law on use of military weapons or equipment 1. Any person who violates regulations on use of military weapons or equipment and causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offence results in very serious consequences or extremely serious 413. Infliction of damage or deliberate destruction of military weapons or equipment 1. Any person who damages or deliberately destroys a military weapon or a piece of military equipment, except for the cases specified in Article 114 and 303 hereof, shall face a penalty of 02 - 07 years' This offence committed in any of the following cases shall carry a penalty of 07 - 12 years' imprisonmenta The offence is committed in battle;b The offence is committed in a warzone;c The offender drags another person into committing the offence;d The offence results in very serious If the offence results in very serious consequences or extremely serious consequences, the offender shall face a penalty of 12 - 20 years' imprisonment or life 414. Loss or involuntary destruction of military weapons or equipment 1. Any person who is responsible for management of military weapons or equipment but loses or involuntary damages them and causes serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 60 months' If the offence results in very serious consequences or extremely serious consequences, the offender shall face a penalty of 03 - 07 years' 415. Harassment of the people1. Any person who harasses the people despite the fact that he/she was disciplined for the same offence or causing serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offender drags another person into committing the offence; c The offence is committed in a warzone;d The offence is committed in an area where state of emergency is declared;dd The offence results in very serious consequences or extremely serious 416. Abuse of military authority in performance of duties1. Any person who, in performance of his/her official duties, abuses military authority and causes property damage of from VND 100,000,000 to under VND 500,000,000 to the State or an organization or individual shall face a penalty of up to 03 years' community sentence or 06 - 36 months' If the offence results in property damage of ≥ VND 500,000,000, the offender shall face a penalty of 03 - 07 years' 417. Abandonment of wounded or dead soldiers or failure to treat wounded soldiers1. Any person who is responsible but deliberately abandons a wounded or dead soldier in the battlefield or fails to treat a wounded soldier and causes the missing or death of such soldier shall face a penalty of up to 03 years' community sentence or 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 10 years' imprisonmenta The offender is a commander or commissioned officer;b The offence involves ≥ 02 wounded or dead 418. Appropriation or destruction of dead soldiers' mementos 1. Any person who appropriates or destroys a dead soldier's memento shall face a penalty of up to 03 years' community sentence or 06 - 36 months' This offence committed in any of the following cases shall carry a penalty of 02 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The offence involves mementos of ≥ dead soldiers. Article 419. Appropriation or destruction of war trophies1. Any person who appropriates or destroys war trophies in battle or during battlefield clean-up shall face a penalty of up to 03 years' community sentence or 06 - 60 months' This offence committed in any of the following cases shall carry a penalty of 03 - 07 years' imprisonmenta The offender is a commander or commissioned officer;b The war trophies are assessed at from VND 100,000,000 to under VND 500,000,000;c The offence had a negative impact on the army's reputation;d The war trophies have military value;dd The offence results in serious consequences or very serious This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonmenta The war trophies are assessed at ≥ VND 500,000,000;b The war trophies have special military value;c The offence results in extremely serious 420. Maltreatment of prisoners of warAny person who maltreats a prisoner of war shall face a penalty of up to 01 year's community sentence or 03 - 24 months' XXVIDISRUPTION OF PEACE, CRIMES AGAINST HUMANITY, AND WAR CRIMES Article 421. Disruption of peace, provocation of war of aggression 1. Any person who advocates or provokes a war of aggression or prepares, carries out, or participates in a war of aggression against the independence, sovereignty and territorial integrity of a nation or sovereign territory shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' 422. Crimes against humanity1. Any person who, whether in peacetime or wartime, commits genocide against population of an area, destroys sources of living, cultural or spiritual life of a nation or sovereign territory, upsets the foundation of a society in order to sabotage it, or commits other acts of genocide, or destroys of the environment shall face a penalty of 10 - 20 years' imprisonment, life imprisonment, or This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' 423. War crimes 1. Any person in wartime who orders or directly commits the murder of civilians, wounded people, or prisoner of wars; pillages; destroys residential areas; uses banned war instruments or methods or commits other acts that seriously violate international law or an international agreement to which Socialist Republic of Vietnam is a signatory shall face a penalty of 10 - 20 years' imprisonment, life imprisonment, or death2. This offence is committed under pressure or order given by superior officers, the offender shall face a penalty of 10 - 20 years' 424. Recruiting, training, or employing mercenariesAny person who recruits, trains, or employs mercenaries to fight against a nation or sovereign territory shall face a penalty of 10 - 20 years' imprisonment or life 425. Working as a mercenaryAny person who works as a mercenary to fight against a nation or sovereign territory shall face a penalty of 05 - 15 years' ThreeIMPLEMENTATION Article 426. EffectThis Code takes effect on July 01, 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 was passed by the 13th National Assembly of the Socialist Republic of Vietnam, at its 6th session on November 27, Chairman of the National AssemblyNguyen Sinh Hung VietlawLaw Proceedings - Criminal The Criminal Code 2015 Law No. 100/2015/QH13 dated November 27th, 2015 of the National Assembly on Criminal Code Posted 21/12/2015 92335 AM Latest updated 29/12/2021 110604 AM GMT+7 LuatVietnam 3885 Vietlaw 246 This Criminal Code takes effect from July 01st, 2016. One of the new points of this Criminal Code is the supplement of a separate Chapter which provides the regulations applied to commercial legal entities committing criminal offences Chapter XI Accordingly, a commercial legal entity shall only bear criminal responsibility if all of the following conditions are satisfied Article 75 i/ The criminal offence is committed in the name of the commercial legal entity; ii/ The criminal offence is committed in the interests of the commercial legal entity; iii/ The criminal offence is under instructions or approval of the commercial legal entity; iv/ The time limit for criminal prosecution has not expired. In addition, a commercial legal entity shall only bear criminal responsibility when he/she commits the criminal offences prescribed in Article 76 of this Code Forms of penalty applicable to commercial legal entities committing criminal offences include fine the minimum fine level is VND 50,000,000 Article 77, suspension of operation from 06 months to 03 years Article 78, permanent shutdown Article 79, prohibition from operating in certain fields Article 80, prohibition from raising capital Article 81, etc. An offending commercial legal entity may be exempt from punishment after the damage has been repaired and compensation has been paid Article 88 Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment, supplement to a number of articles of the Criminal Code shall be ineffective from the effective date of this Code. This Code takes effective from Jan 1st 2018 according to the notifying at Resolution No. 41/2017/QH14 dated 20/6/2017 Amendement notes See more the corrections provided in Dispatch No. 3613/UBPL13 dated January 11th, 2016. Ms Phuong Thao tag for reposting this article Related documents Timeline THE NATIONAL ASSEMBLY ——– SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— The Law No. 91/2015/QH13 Hanoi, November 24, 2015 CIVIL CODE Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates a Civil Code. PART ONE GENERAL PROVISIONS Chapter I GENERAL PROVISIONS Article 1. Scope The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person hereinafter referred to as persons regarding personal and property rights and obligations in relations established on the basis of equality, freedom of will, independence of property and self-responsibility hereinafter referred to as civil relations. Article 2. Recognition, respect, protection and guarantee of civil rights In the Socialist Republic of Vietnam, all civil rights are recognized, respected, protected and guaranteed under the Constitution and law. Civil rights may be limited as prescribed in law in exceptional circumstances that due to national defense and security, social safety and order, social ethics and the community’s health. Article 3. Basic principles of civil law Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights. Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements. Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities. Each person must establish, exercise/ fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill and honesty. The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights and interests of other persons. Each person shall be liable for his/her failure to fulfill or the incorrect fulfillment of any such civil obligations. Article 4. Application of the Civil Code This Law is a common law that applies to civil relations. Any relevant law that applies to civil relations in specific fields may not be contrary to the basic principle of civil law prescribed in Article 3 of this Law. If another relevant law has no regulation or has regulations that infringe Clause 2 of this Article, the regulations of this Law shall apply. In cases where an international agreement to which the Socialist Republic of Vietnam is a signatory contains provisions different from the provisions of this Code with regard to a same matter, the provisions of such agreement shall apply. Article 5. Application of practices Practices mean rules of conduct obvious to define rights and obligations of persons in specific civil relations, forming and repeating in a long time, recognized and applying generally in a region, race, or a community or a field of civil. In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but they must not contravene the principles provided for in Article 3 of this Code. Article 6. Application of analogy of law In cases where an issue rises under scope of civil law which it is neither provided for by law nor agreed upon by the parties nor, nor applied by practices, analogy of law shall apply. In cases where it is impossible to apply analogy of law as prescribed in Clause 1 of this Article, basic principles of civil law provided for in Article 3 of this Code, case law, and justice shall apply. Article 7. State policies on civil relations 1. The establishment, performance and termination of civil rights and obligations must ensure the preservation of national identities, respect and promote good customs, practices and traditions, solidarity, mutual affection and cooperation, the principle of every individual for the community Related Acticle Decree This Decree set forth foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam as required by the articles and clauses… Vietnam land law 2013 This Law prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land Vietnam labour code 2019 Vietnam labour code 2019 - The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees Vietnam Law on Administrative Procedure 2015 Vietnam Law on Administrative Procedure 2015 - The Law on Administrative Procedures prescribes fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons Legal News Legal Document Hanoi Head-office 3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam info Ho Chi Minh city office Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam hcm SPEAK TO OUR LEGAL CONSULTANTS English speaking +84 9 61 67 55 66 Zalo, Viber, Whatsapp Vietnamese speaking +84 9 33 11 33 66 Ha Zalo, Viber, Whatsapp Hanoi Head-office Add 3rd Floor, Hoang Ngan Plaza Building, 125 Hoang Ngan,Trung Hoa, Cau Giay84 24 66 64 06 06 Ext 21 – Fax 84 24 66 64 05 05Mobile 84 933 11 33 66Email hanoi Ho Chi Minh city office Add Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street,District 4, HCM, Viet NamPhone +84 28 36 36 29 65‬ – Fax +84 28 36 36 29 75‬Mobile +849 61 67 55 66Email hcm © 2007-2021 Viet An Law The leading consultancy law, intellectual property, investment, tax & accounting firm in Vietnam

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