Chương XI Bộ Luật hình sự 1999: Các tội xâm phạm an ninh quốc gia

Chapter XI

CRIMES OF INFRINGING UPON NATIONAL SECURITY

Article 78.- High treason

1. Any Vietnamese citizen acting in collusion with a foreign country with a view to causing harm to the independence, sovereignty, unity and territorial integrity of the Fatherland, the national defense forces, the socialist regime or the State of the Socialist Republic of Vietnam shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.

2. In the event of many extenuating circumstances, the offenders shall be subject to between seven and fifteen years of imprisonment.

Article 79.- Carrying out activities aimed at overthrowing the people’s administration

Those who carry out activities, establish or join organizations with intent to overthrow the people’s administration shall be subject to the following penalties:

1. Organizers, instigators and active participants or those who cause serious consequences shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment;

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

Article 80.- Spying

1. Those who commit one of the following acts shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment:

a) Conducting intelligence and/or sabotage activities or building up bases for intelligence and/or sabotage activities against the Socialist Republic of Vietnam;

b) Building up bases for intelligence and/or sabotage activities at the direction of foreign countries; conducting scouting, informing, concealing, guiding activities or other acts to help foreigners conduct intelligence and/or sabotage activities;

c) Supplying or collecting for the purpose of supplying State secrets to foreign countries; gathering or supplying information and other materials for use by foreign countries against the Socialist Republic of Vietnam.

2. In case of less serious crimes, the offenders shall be sentenced to between five and fifteen years of imprisonment.

3. Persons who agree to act as spies but do not realize their assigned tasks and confess, truthfully declare and report such to the competent State bodies shall be exempt from penal liability.

Article 81.- Infringing upon territorial security

Those who infiltrate into the territory, commit acts of falsifying national borders or committing other acts in order to cause harm to the territorial security of the Socialist Republic of Vietnam shall be penalized as follows:

1. Organizers, active participants or those who cause serious consequences shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment;

2. Other accomplices shall be sentenced to between five and fifteen years of imprisonment.

Article 82.- Rebellion

Those who conduct armed activities or resort to organized violence with a view to opposing the people’s administration shall be penalized as follows:

1. Organizers, active participants or those who cause serious consequences shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.

2. Other accomplices shall be sentenced to between five and fifteen years of imprisonment.

Article 83.- Conducting banditry activities

Those who intend to oppose the people’s administration by conducting armed activities in mountainous, marine and other difficult to access areas, murdering people and looting or destroying property shall be penalized as follows:

1. Organizers, active participants or those who cause serious consequences shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment;

2. Other accomplices shall be sentenced to between five and fifteen years of imprisonment.

Article 84.- Terrorism

1. Those who intend to oppose the people’s administration and infringe upon the life of officials, public employees or citizens shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.

2. In the case of committing crimes by infringing upon physical freedom and/or health, the offenders shall be sentenced to between five and fifteen years of imprisonment.

3. In the case of committing crimes by threatening to infringe upon life or committing other acts of moral intimidation, the offenders shall be sentenced to between two and seven years of imprisonment.

4. Those who terrorise foreigners in order to cause difficulties to the international relations of the Socialist Republic of Vietnam shall also be penalized according to this Article.

Article 85.- Sabotaging the material-technical foundations of the Socialist Republic of Vietnam

1. Those who intend to oppose the people’s administration by sabotaging the material- technical foundations of the Socialist Republic of Vietnam in the political, security, defense, scientific-technical, cultural or social fields shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between five and fifteen years of imprisonment.

Article 86.- Undermining the implementation of socio-economic policies

1. Any persons who oppose the people’s administration by undermining the implementation of socio-economic policies shall be sentenced to between seven and twenty years of imprisonment.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between three and seven years of imprisonment.

Article 87.- Undermining the unity policy

1. Those who commits one of the following acts with a view to opposing the people’s administration shall be sentenced to between five and fifteen years of imprisonment:

a) Sowing division among people of different strata, between people and the armed forces or the people’s administration or social organizations;

b) Sowing hatred, ethnic bias and/or division, infringing upon the rights to equality among the community of Vietnamese nationalities;

c) Sowing division between religious people and non-religious people, division between religious believers and the people’s administration or social organizations;

d) Undermining the implementation of policies for international solidarity.

2. In case of committing less serious crimes, the offenders shall be sentenced to between two and seven years of imprisonment.

Article 88.- Conducting propaganda against the Socialist Republic of Vietnam

1. Those who commit one of the following acts against the Socialist Republic of Vietnam shall be sentenced to between three and twelve years of imprisonment:

a) Propagating against, distorting and/or defaming the people’s administration;

b) Propagating psychological warfare and spreading fabricated news in order to foment confusion among people;

c) Making, storing and/or circulating documents and/or cultural products with contents against the Socialist Republic of Vietnam.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between ten and twenty years of imprisonment.

Article 89.- Disrupting security

1. Those who intend to oppose the people’s administration by inciting, involving and gathering many people to disrupt security, oppose officials on public duties, obstruct activities of agencies and/or organizations, which fall outside the cases stipulated in Article 82 of this Code, shall be sentenced to between five and fifteen years of imprisonment.

2. Other accomplices shall be sentenced to between two and seven years of imprisonment.

Article 90.- Destroying detention camps

1. Those who intend to oppose the people’s administration by destroying detention camps, organizing escapes from detention camps, rescuing detainees or escorted persons or escaping from detention camps shall be sentenced to between ten and twenty years of imprisonment or life imprisonment.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between three and ten years of imprisonment.

Article 91.- Fleeing abroad or defecting to stay overseas with a view to opposing the people’s administration

1. Those who flee abroad or defect overseas with a view to opposing the people’s administration shall be sentenced to between three and twelve years of imprisonment.

2. Organizers, coercers and instigators shall be sentenced to between five and fifteen years of imprisonment.

3. In the case of committing particularly serious crimes, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment.

Article 92.- Additional penalties

Persons who commit crimes defined in this Chapter shall also be deprived of a number of civic rights for between one year and five years, subject to probation, residence ban for between one year and five years, confiscation of part or whole of the property