Chương XIX Bộ Luật hình sự 1999: Các tội phạm an toàn công cộng, trật tự công cộng

CRIMES OF INFRINGEMENT UPON PUBLIC SAFETY, PUBLIC ORDER

Article 202.- Breaching regulations on operating road vehicles

1. Those who operate road vehicles and breach the regulations on land road traffic safety, causing loss of lives or serious damage to the health and/or property of other persons shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the offense in one of the following circumstances, offenders shall be sentenced to between three and ten years of imprisonment:

a) Without driving permits or licenses as prescribed;

b) While being intoxicated by alcohol or other strong intoxicants;

c) Causing accidents then fleeing in order to shirk responsibility or deliberately refusing to rescue the victims;

d) Failing to obey the signals and orders of persons who are performing the task of traffic control or guidance;

e) Causing very serious consequences.

3. Committing such crimes resulting in particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Breaching the regulations on land road traffic safety, which may actually entail particularly serious consequences if not prevented in time, the offenders shall be subject to non-custodial reform for up to one year or a prison term of between three months and two years.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 203.- Obstructing road traffic

1. Those who commit one of the following acts of obstructing road traffic, causing loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between five million dong and thirty million dong, non-custodial reform for up to two years or a prison term of between three months and three years:

a) Illegally digging, drilling and/or cutting land road traffic works;

b) Illegally placing obstacles that obstruct road traffic;

c) Illegally dismantling, removing, dislocating, shielding or destroying traffic signals and/or safety facilities;

d) Illegally opening intersections across land roads and/or roads with median strips;

e) Grabbing, occupying pavements, road surfaces;

f) Grabbing, occupying road protection corridors;

g) Violating the regulations on ensuring traffic safety while carrying out construction on roads;

h) Other acts of obstructing traffic.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) At passes, slopes and dangerous road sections;

b) Causing very serious consequences.

3. Committing the offense which entails particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.

4. Committing the crime in cases where particularly serious consequences may actually occur if not prevented in time, the offenders shall be subject to a fine of between five million dong and twenty million dong, non-custodial reform or a prison term of between three months and one year.

Article 204.- Using vehicles which fail to meet safety standards

1. Those who take direct responsibility for the mechanical status of road vehicles and permit the use of those road vehicles in circumstances where they obviously fail to meet mechanical safety standards causing the loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between ten million dong and fifty million dong, to non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the offense and causing very serious or particularly serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 205.- Mobilizing or assigning unqualified persons to operate road vehicles

1. Those who mobilize or assign persons who have no driving permits or licenses or do not fully meet other conditions prescribed by law to operate road vehicles, causing loss of life or serious damage to the health and/or property of other persons, shall be subject to a fine of between three million dong and thirty million dong, non-custodial reform for up to three years or a prison term of between one and three years.

2. Committing the offense and causing very serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.

3. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between five and twelve years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 206.- Organizing illegal motor races

1. Those who illegally organize races for cars, motor bicycles or other types of motorized vehicles shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) Organizing large-scale motor races;

b) Organizing bettings;

c) Organizing the resistance against persons bearing the responsibility of ensuring traffic order and safety or persons with responsibility to disperse the illegal races;

d) Organizing motor races in densely populated areas;

e) Disassembling safety devices on vehicles being raced;

f) Causing loss of lives or serious damage to the health and/or property of other persons;

g) Relapsing into this crime or the crime of illegal motor vehicle racing.

3. Committing the crime which constitutes a dangerous recidivism or entails very serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between twelve years and twenty years of imprisonment or life imprisonment.

5. The offenders may also be subject to a fine of between five million dong and thirty million dong.

Article 207.- Illegal motor racing

1. Those who participate in illegal car, motor bicycle or other motorized vehicle races, causing damage to the health and/or property of other persons or have already been administratively sanctioned for such act or have already be sentenced for such offense, not yet entitled to criminal record remission but still commit it, shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Causing loss of life or serious damage to the health and/or property of other persons;

b) Causing accidents then fleeing away in order to shirk the responsibility or deliberately refusing to rescue the victims;

c) Participating in betting;

d) Opposing the persons responsible for ensuring traffic order and safety or persons responsible for dispersing illegal motor races.

e) Racing in densely populated areas;

f) Disassembling safety devices on the vehicle being raced;

g) Relapsing into this crime or the crime of organizing illegal motor races.

3. Committing the crime which constitutes a dangerous recidivism or entails very serious consequences, the offenders shall be sentenced to between five years and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve and twenty years of imprisonment;

5. The offenders may also be subject to a fine of between five million dong and thirty million dong.

Article 208.- Breaching the regulations on operating railway vehicles

1. Those who command or operate railway vehicles and violate the regulations on railway traffic safety, causing loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between ten million dong and one hundred million dong, non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three years and ten years of imprisonment:

a) Having no permits, licenses or professional certificates corresponding to the assigned tasks;

b) In the state of intoxication due to the use of alcohol beyond the prescribed limits or intoxication due to the use of other strong intoxicants;

c) Causing accidents then fleeing in order to shirk responsibility or deliberately refusing to assist victims of the accident;

d) Failing to obey the orders of the commanders or persons competent to control and maintain railway traffic order and safety;

e) Causing very serious consequences.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime in cases where particularly serious consequences may actually occur if they are not warded off in time, the offenders shall be subject to a fine of between ten million dong and fifty million dong, to non-custodial reform for up to two years or a prison term of between six months and three years.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 209.- Obstructing railway traffic

1. Those who commit one of the following acts of obstructing railway traffic, causing loss of lives or serious damage to the health and/or property of other persons or who have already been administratively sanctioned for such act or have already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or to a prison term of between one and five years:

a) Placing obstacles on railways;

b) Dislocating rails and/or sleepers;

c) Illegally drilling, digging and/or cutting railway beds, illegally opening roads across railway lines;

d) Damaging, changing, removing and/or shielding signals, signboards and/or marker posts of railway traffic works;

e) Letting animals cross railways in contravention of regulations or letting animals drag carts across railways without persons handling the animals;

f) Illegally operating self-made rail vehicles and/or banned vehicles on railways;

g) Illegally grabbing and occupying areas restricted for ensuring safety of railway traffic works;

h) Other acts of obstructing railway traffic.

2. Committing the offense and causing very serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime in cases where it may actually entail particularly serious consequences may actually if they are not warded off in time, the offenders shall be subject to a fine of between three million dong and thirty million dong, to non- custodial reform for up to one year or a prison term of between three months and two years.

Article 210.- Putting to use railway vehicles which fail to meet safety standards

1. Those who take direct responsibility for the mechanical status of railway vehicles and permit the use of railway vehicles which obviously fail to ensure the safety, causing the loss of lives or serious damage to the health and/or property of other persons, or who have already been disciplined for such act but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the offense and causing very serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 211.- Mobilizing or assigning unqualified persons to operate railway traffic means

1. Those who mobilize or assign persons who have no driving permits or licenses or fail to meet other conditions prescribed by law to command or operate railway vehicles means, thus causing loss of lives or serious damage to the health and/or property of other persons or who have already been disciplined for such act but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform or a prison term of between one and five years.

2. Committing the offense and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders shall also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five yeas.

Article 212.- Breaching the regulations on operating waterborne transport devices

1. Those who operate waterborne transport devices and violate the regulations on waterway traffic safety, causing loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) Having no permits, licenses or professional certificates corresponding to the assigned tasks;

b) Being in the state of intoxication due to the use of alcohol beyond the prescribed limits or the use of other strong intoxicants;

c) Causing an accident then fleeing in order to shirk responsibility or deliberately refusing to assist the victims;

d) Failing to obey the orders of the persons who command or persons competent to control and maintain waterway traffic order and safety;

e) Causing very serious consequences.

3. Committing the offense and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime in cases where particularly serious consequences may actually occur if not warded off in time, the offenders shall be subject to a fine of between five million dong and thirty million dong, non-custodial reform for up to two years or a prison term of between six months and three years.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 213.- Obstructing waterway traffic

1. Those who commit one of the following acts of obstructing waterway traffic, causing loss of lives or serious damage to the health and/or property of other persons shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform or a prison term of between one and five years:

a) Illegally carrying out drillings or diggings, thus damaging the structure of waterway traffic works;

b) Creating barricades, thus obstructing waterway traffic without placing and maintaining signals;

c) Removing signals, reducing their effect and usefulness;

d) Dismantling signals or destroying waterway traffic works;

e) Grabbing and occupying waterway traffic lines or their protection corridors;

f) Other acts of obstructing waterway traffic.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime in cases where it may actually entail particularly serious consequences if not warded off in time, the offenders shall be subject to a fine of five million dong to thirty million dong, to non-custodial reform for up to one year or to a prison term of between three months and two years.

Article 214.- Putting into use waterborne transport devices which fail to meet safety standards

1. Those who are directly responsible for the mobilization or technical status of waterway traffic means but permit the use of the waterborne transport devices which obviously fail to meet safety standards, causing loss of lives or serious damage to the health and/or property of other persons, or who have already been disciplined or administratively sanctioned for such act or have already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 215.- Mobilizing or assigning unqualified persons to operate waterborne transport devices

1. Those who mobilize or assign persons who have no driving permits or licenses or who fail to meet other conditions as prescribed by law to operate waterborne transport devices, causing the loss of lives or serious damage to the health and/or property of other persons, or who have already been disciplined or administratively sanctioned for such act or have already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform or to a prison term of between one and five years.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 216.- Breaching regulations relating to the operation of aircrafts

1. Those who command or operate aircraft but violate the regulations on air traffic safety, which may actually entail particularly serious consequences if not warded off in time, shall be subject to a fine of between five million dong and fifty million dong, to non-custodial reform for up to three years or a prison term of between one and five years.

2. Committing the crime and causing the loss of lives or serious damage to the health and/or property of other persons, the offenders shall be sentenced to between three to ten years of imprisonment.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between seven years and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve and twenty years of imprisonment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 217.- Obstructing air traffic

1. Those who commit one of the following acts of obstructing air traffic, causing loss of lives or serious damage to the health and/or property of other persons or have already been disciplined or administratively sanctioned for such act or sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be subject to a fine of between ten million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between one and five years:

a) Placing barricades which obstruct air traffic;

b) Illegally removing, dislocating, shielding or destroying air traffic safety signs and/or signals;

c) Wrongly using or interfering with communications frequencies;

d) Providing wrong information, posing danger to flights;

e) Damaging airport equipment or other support facilities;

f) Other acts of obstructing air traffic.

2. Committing the crime in one of the following cases, the offenders shall be sentenced to between three and ten years of imprisonment:

a) They are persons directly responsible for ensuring the air traffic safety or directly manage air traffic safety equipment;

b) Causing very serious consequences.

3. Committing the crime and causing particularly serious consequences, the offenders shall be subject to between seven and fifteen years of imprisonment.

4. Committing the crime which may actually entail particularly serious consequences if not warded off in time, the offenders shall be subject to a fine of between five million dong and twenty million dong, to non-custodial reform for up to three years or a prison term of between six months and three years.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 218.- Putting into use aircrafts which fail to meet safety standards

1. Those who are directly responsible for the mechanical status of aircrafts but permit the use of such aircraft which obviously fail to meet technical safety standards shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing the loss of lives or serious damage to the health and/or property of other persons, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between eight years and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve years and twenty years of imprisonment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 219.- Mobilizing or assigning unqualified persons to operate aircrafts

1. Those who mobilize or assign persons who have no piloting licenses or fail to fully meet other conditions prescribed by law to operate aircrafts shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing the loss of lives or serious damage to the health and/or property of other persons, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between eight years and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve years and twenty years of imprisonment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 220.- Breaching regulations on maintenance, repair and/or management of traffic works

1. Those who are responsible for the maintenance, repair and/or management of road, railway, waterway or airway traffic works but violate the regulations thereon, causing the loss of lives or serious damage to the health and/or property of other persons shall be subject to a between of from five million dong and one hundred million dong, non-custodial reform or a prison term of between six months and three years.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and fifteen years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 221.- Hijacking aircrafts, ships

1. Those who use force, threaten to use force or use other tricks to appropriate aircrafts or ships shall be sentenced to between seven and fifteen years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve years and twenty years of imprisonment:

a) In an organized manner;

b) Using weapons or dangerous means;

c) Inflicting injury on or causing harm to the health of other persons;

d) Dangerous recidivism.

3. Committing the crime and causing human death or other particularly serious consequences, the offenders shall be sentenced to twenty years imprisonment, life imprisonment or capital punishment.

4. The offenders may also be subject to probation or residence ban for between one and five years.

Article 222.- Operating aircrafts in violation of aviation regulations of the Socialist Republic of Vietnam

1. Those who operate aircrafts into or out of Vietnam and violate the aviation regulations of the Socialist Republic of Vietnam in circumstances other than those stipulated in Articles 80 and 81 of this Code shall be subject to a fine of between one hundred million dong and three hundred million dong or a prison term of between six months and three years.

2. Committing the crime and causing serious consequences, the offenders shall be subject to a fine of between three hundred million dong and five hundred million dong or a prison term of between two and seven years.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be subject to a fine of between five hundred million dong and one billion dong or a prison term of between five years and ten years.

4. The aircraft may be confiscated.

Article 223.- Operating maritime means in violation of navigation regulations of the Socialist Republic of Vietnam

1. Those who operate ships or other waterborne transport devices into or out of Vietnam or pass through Vietnam’s territorial waters and violate the navigation regulations of the Socialist Republic of Vietnam in circumstances other than those stipulated in Articles 80 and 81 of this Code shall be subject to a fine of between fifty million dong and two hundred million dong or a prison term of between three months and two years.

2. Committing the crime and causing serious consequences, the offenders shall be subject to a fine of between two hundred million dong and five hundred million dong or a prison term of between one and three years.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be subject to a fine of between five hundred million and eight hundred million dong or a prison term of between three and seven years.

4. The waterborne transport device may be confiscated.

Article 224.- Creating and spreading, scattering electronic virus programs

1. Those who create and intentionally spread or scatter virus programs through computer networks or by other methods, thus causing operation disorder, blockading, deformation or destruction of computer data or who have already been disciplined or administratively sanctioned for this act but continue to commit it, shall be subject to a fine of between five million dong and one hundred million dong or a prison term of between six months and three years.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.

3. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 225.- Breaching regulations on operating, exploiting and using computer networks

1. Those who are allowed to use computer networks but violate the regulations on operating. exploiting and using the computer networks, causing operation disorder, blockading or deformation or destruction of computer data or who have already been disciplined, administratively sanctioned for such act but continue to commit it, shall be subject to a fine of between five million dong and one hundred million dong, non-custodial reform for up to three years or a prison term of between one and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced between two and five years of imprisonment:

a) In an organized manner;

b) Causing very serious or particularly serious consequences.

3. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 226.- Illegally using information in computer networks

1. Those who illegally use information in computer networks and computers as well as put information into computer networks in contravention of law provisions, causing serious consequences, who have already been disciplined, administratively sanctioned but continue to commit it, shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and five years of imprisonment:

a) In an organized manner;

b) Causing very serious or particularly serious consequences.

3. The offenders may also be subject to a fine of between three million dong and thirty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 227.- Breaching regulations on labor safety, labor hygiene, safety in crowded places

1. Those who breach regulations on labor safety, labor hygiene, safety in places crowded with people, causing loss of lives or serious damange to the health and/or property of other persons, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) They are persons responsible for labor safety, labor hygiene or safety in crowded places;

b) Causing very serious consequences.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and twelve years of imprisonment.

4. Committing the crime in cases where the particularly serious consequences may actually occur if not warded off in time, the offenders shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 228.- Breaching regulations on employment of child labor

1. Those who employ children to perform jobs which are heavy, dangerous or in contact with hazardous substances on the lists prescribed by the State, causing serious consequences, or who have already been administratively sanctioned for this act but continue to commit it, shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Committing the crime more than once;

b) Against more than one children;

c) Causing very serious or particularly serious consequences.

3. The offenders may also be subject to a fine of between two million dong and twenty million dong.

Article 229.- Breaching regulations on construction, causing serious consequences

1. Those who violate the regulations on construction in the fields of survey, design, construction, use of raw materials, materials, machinery, pre-acceptance test or other fields in circumstances other than those stipulated in Article 220 of this Code, causing the loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between ten million dong and one hundred million dong, non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) They are persons with positions and powers;

b) Causing very serious consequences.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between eight and twenty years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 230.- Illegally manufacturing, stockpiling, transporting, using, trading in or appropriating military weapons and/or technical means

1. Those who illegally manufacture, stockpile, transport, use, trade in or appropriate military weapons and/or technical means shall be sentenced to between one and seven years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:

a) In an organized manner;

b) Objects involved in the offense are in great quantity;

c) Conducting cross-border transport or trading;

d) Causing serious consequences;

e) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten years and fifteen years of imprisonment:

a) The objects involved in the offense are in very great quantity;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment or life imprisonment:

a) The objects involved in the offense are in particularly great quantity;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong, to probation or residence ban for one to five years.

Article 231.- Destroying important national security works and/or facilities

1. Those who destroy communications and transport, works or facilities information-communication works or facilities, electricity and/or gas works, irrigation works or other important works relating to security, defense, economy, sciences and techniques, culture and social affairs in the circumstances other than those stipulated in Article 85 of this Code, shall be sentenced to between three years and twelve years of imprisonment

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten and twenty years of imprisonment, life imprisonment or capital punishment:

a) In an organized manner;

b) Causing particularly serious consequences;

c) Dangerous recidivism.

3. The offenders may also be subject to probation for one to five years.

Article 232.- Illegally manufacturing, stockpiling, transporting, using, trading or appropriating explosive materials

1. Those who illegally manufacture, stockpile, transport, use, trade in or appropriate explosive materials shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Objects involved in the offense are in great quantity;

c) Conducting cross-border transportation and/or trading;

d) Causing serious consequences;

e) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) The objects involved in the offense are in very great quantity;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment or life imprisonment:

a) Objects involved in the offense are in particularly great quantity;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong, to probation or residence ban for one to five years.

Article 233.- Illegally manufacturing, stockpiling, transporting, using, trading in or appropriating rudimentary weapons or support devices

1. Those who illegally manufacture, stockpile, transport, use, trade in or appropriate rudimentary weapons or support devices, have already been administratively sanctioned for such acts, or have already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be sentenced to between three months and two years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:

a) In an organized manner;

b) Objects involved in the offense are in great quantity;

c) Conducting cross-border transportation and/or trading;

d) Causing serious consequences;

e) Dangerous recidivism.

3. The offenders may also be subject to a fine of between five million dong and fifty million dong, probation or residence ban for one to five years.

Article 234.- Breaching regulations relating to the management of weapons, explosive materials, support devices

1. Those who breach regulations on management of the production, repair, supply, use, maintenance, storage, transport and trading of weapons, explosive materials, support devices, causing the loss of lives or serious damage to the health and/or property of other persons, shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between ten and fifteen years of imprisonment.

4. Committing the offense in cases where particularly serious consequences may actually occur if not warded off in time, the offenders shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 235.- Neglecting responsibilities relating to the keeping of weapons, explosive materials and support devices, causing serious consequences

1. Those who are assigned weapons, explosive materials and/or support devices but neglect their responsibility and let other persons use such weapons, explosive materials and/or support devices, causing the loss of lives or serious damage to the health and/or property of other persons, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 236.- Illegally producing, stockpiling, transporting, using, trading in or appropriating radioactive elements

1. Those who illegally produce, stockpile, transport, use, trade in or appropriate radioactive elements shall be sentenced to between two and seven years of imprisonment.

2. Committing the crimes in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:

a) In an organized manner;

b) The objects involved in the offense are in great quantity;

c) Conducting cross-border transportation and/or trading;

d) Causing serious consequences;

e) Dangerous recidivism.

3. Committing the offenses in one of the following circumstances, the offenders shall be sentenced to between ten and fifteen years of imprisonment:

a) The objects involved in the offenses are in very great quantity;

b) Causing very serious consequences.

4. Committing the offense in one of the following circumstances, the offender shall be sentenced to between fifteen and twenty years of imprisonment or life imprisonment:

a) The objects involved in the offense are in particularly great number;

b) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong, probation or residence ban for one to five years.

Article 237.- Breaching regulations relating to the management of radioactive elements

1. Those who violate the regulations relating to the management of the production, supply, use, preservation, storage, transport and/or trading of radioactive elements, which may actually entail serious consequences if not warded off in time, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crime and causing the loss of lives or damage to the health of other persons, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between fifteen and twenty years of imprisonment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 238.- Illegally producing, stockpiling, transporting, using or trading in inflammables, toxins

1. Those who illegally produce, stockpile, transport, use and/or trade in inflammables and/or toxins shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) The objects involved in the offense are in great quantity;

c) Conducting cross-border transportation and/or trading;

d) Causing serious consequences;

e) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) The objects involved in the offenses are in very great quantity;

b) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to from fifteen to twenty years of imprisonment or life imprisonment:

a) The objects involved in the offenses are in particularly great quantity;

b) Causing particularly serious consequences.

5. The offenders may also be sentenced to a fine of between five million dong and fifty million dong, the probation or residence ban for one to five years.

Article 239.- Breaching the regulations relating to the management of inflammables, toxins

1. Those who violate the regulations relating to the management of the production, supply, use, preservation, storage, transport or trading of inflammables and/or toxins, causing the loss of lives or serious damage to the health and/or property of other persons shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 240.- Breaching regulations on fire prevention and fighting

1. Those who violate the regulations on fire prevention and fighting, causing the loss of lives or serious damage to the health and/or property of other persons shall be sentenced to non-custodial reform for up to three years or to between six months and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and eight years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and twelve years of imprisonment.

4. Committing the crime in cases where particularly serious consequences may actually occur if not warded off in time, the offenders shall be sentenced to warning, non-custodial reform for up to two years or between three months and two years of imprisonment.

5. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 241.- Breaching the regulations on safety in operating electricity works

1. Those who commit one of the following acts causing serious consequences or have been disciplined or administratively sanctioned for such act but continue to commit it shall be sentenced to non-custodial reform for up to three years or to between six months and three years of imprisonment:

a) Permitting the construction of or constructing without permission, houses and works within electricity work safety corridors;

b) Causing explosion, fires, burning forests for milpa building, felling trees, affecting the operative safety of electricity works;

c) Digging holes, driving stakes and/or building houses on corridors designed to protect underground electric cables;

d) Anchoring ships and/or boats in the corridors designed to protect of electric cables in riverbeds or sea beds, which have been warned off with notices or signboards.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.

4. Committing the crime in cases where particularly serious consequences may actually occur if not warded off in time, the offenders shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.

5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 242.- Breaching regulations on medical examination and treatment, drug production, preparations, supply and sale or other medical services

1. Those who violate the regulations on medical examination and treatment, drug production, preparations, supply and sale or other medical services in circumstances other than those stipulated in Article 201 of this Code, causing the loss of lives or serious damage to the health of other persons or have already been disciplined or administratively sanctioned for such acts or have already sentenced for such offenses, not yet entitled to criminal record remission but continue their violation, shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 243.- Illegal abortion

1. Those who perform illegal abortions for other persons, causing loss of lives or serious damage to the health of such persons, or who have already been disciplined or administratively sanctioned for such act or already sentenced for such offense, not yet entitled to criminal record remission but continue to commit it, shall be sentenced to non-custodial reform for up to three years or between one and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 244.- Reaching regulations on food safety and hygiene

1. Those who process, supply or sell food which, they know, fails to meet the criteria on safety and hygiene, causing loss of life or serious damage to the health of consumers, shall be sentenced to between one and five years of imprisonment.

2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

4. The offenders may also be subject to a fine of between five million dong and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 245.- Causing public disorder

1. Those who foment public disorder, causing serious consequences or who have been already administratively sanctioned for such act or sentenced for such offense, not yet entitled to criminal record remission but continue to commit such act, shall be sentenced to a fine of between one million dong and ten million dong, non-custodial reform for up to two years or between three months and two years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) Using weapons or committing acts of devastation;

b) In an organized manner;

c) Causing serious obstruction to traffic or cessation of public activities;

d) Inciting other persons to cause disorder;

e) Assaulting persons who intervene to keep the public order;

f) Dangerous recidivism.

Article 246.- Interfering with human corpses, graves and/or remains

1. Those who dig and/or destroy graves or tombs, appropriate objects left therein or thereon or commit other acts of interference with human corpses, graves or tombs and/or remains, shall be sentenced to non-custodial reform for up to one year or between three months and two years of imprisonment.

2. Committing the crime and causing serious consequences, the offenders shall be sentenced to between one and five years of imprisonment.

Article 247.- Performing superstitious practices

1. Those who perform fortune-telling, medium practices or other forms of superstition, causing serious consequences, or who have already been administratively sanctioned for such acts or already sentenced for such offenses, not yet entitled to criminal record remission but continue to commit them, shall be sentenced to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or to between six months and three years of imprisonment.

2. Committing the crime and causing human death or other particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

3. The offenders may also be subject to a fine of between three million dong and thirty million dong.

Article 248.- Gambling

1. Those who engage in gambling in any form of winning or losing money or things of great value or have already been administratively sanctioned for acts stipulated in this Article and Article 249 of this Code or have already been sentenced for one of such offenses, not yet entitled to criminal record remission but continue to commit them, shall be sentenced to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or between three months and three years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) The offense is of professional character;

b) Money or kind used in gambling are of very great or particularly great value;

c) The offense constitutes dangerous recidivism.

3. The offenders may also be subject to a fine of between three million dong and thirty million dong.

Article 249.- Organizing gambling or running gambling-dens

1. Those who organize gambling or run gambling dens on a large scale or who have already been administratively sanctioned for the acts defined in this Article and Article 248 of this Code or have already been sentenced for one of such offenses, not yet entitled to criminal record remission but continue to commit them, shall be sentenced to a fine of between ten million dong and three hundred million dong or to between one year and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between three years and ten years of imprisonment:

a) The offense is of professional character;

b) Illegally gaining large, very large or particularly large amounts of profit;

c) The offense constitutes dangerous recidivism.

3. The offenders may also be subject to a fine of between five million dong and one hundred million dong, the confiscation of part or whole of their property.

Article 250.- Harboring or consuming property acquired through the commission of crime by other persons

1. Those who, without prior promise, harbor or consume property with the full knowledge that it was acquired through the commission of crime by other persons, shall be sentenced to a fine of between five million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between six months and three years.

2. Committing the crimes in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:

a) In an organized manner;

b) Being of professional character;

c) The property or things involved in the offense are of great value;

d) Gaining large amount of illicit profits;

e) The offense constitute a cases of dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced between five years and ten years of imprisonment:

a) The property or things involved in the offense are of very great value;

b) A very large amount of profit is illegally gained.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) The property or things involved in the offense are of particularly great value;

b) Particularly great amount of profit is illegally gained.

5. The offenders may also be subject to a fine of between three million dong and thirty million dong and/or the confiscation of part or whole or their property.

Article 251.- Laundering money and/or property obtained through the commission of crime

1. Those who, through financial and/or banking operations or other transactions, legalize money and/or property obtained through the commission of crime or use such money and/or property to conduct business activities or other economic activities, shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Abusing positions and/or powers;

c) Committing the offense more than once.

3. Committing the crime in particularly serious circumstances, the offenders shall be sentenced to between five and fifteen years of imprisonment.

4. The offenders may also be subject to the confiscation of property, a fine treble the amount of money or the value of the property, which have been legalized, to a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

Article 252.- Crimes of enticing compelling juveniles to commit offenses or harboring juvenile offenders

1. Those who entice or compel juveniles into criminal activities or a depraved life or harbor juvenile offenders shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and twelve years of imprisonment:

a) In an organized manner;

b) Enticing, compelling, harboring and/or inducing more than one person;

c) Against children under 13 years of age;

d) Causing serious, very serious or particularly serious consequences;

e) Constituting a serious case of recidivism.

3. The offenders may also be subject to a fine of between three million dong and thirty million dong.

Offenders falling under the case prescribed at Point e, Clause 2, this Article, may also be subject to probation for one to five years.

Article 253.- Disseminating debauched cultural products

1. Those who make, duplicate, circulate, transport, sell or purchase, stockpile decadent books, newspapers, pictures, photographs, films, music or other objects for the purpose of dissemination thereof, or commit other acts of disseminating debauched cultural products in one of the following circumstances, shall be sentenced to a fine of between five million dong and fifty million dong, to non-custodial reform for up to three years or to between six months and three years of imprisonment:

a) The offense involves a large quantity of cultural products;

b) The cultural products are disseminated to more than one person;

c) The offenders have already been administratively sanctioned for such act or have already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit it.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Objects involved in the offense are in very great quantity;

c) Against juveniles;

d) Causing serious consequences;

e) Constituting a case of dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) The objects involved in the offense are in particularly great quantity;

b) Very serious or particularly serious consequences are caused.

4. The offenders may also be subject to a fine of between three million dong and thirty million dong.

Article 254.- Harboring prostitutes

1. Those who harbor prostitutes shall be sentenced to between one and seven years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and fifteen years of imprisonment:

a) In an organized manner;

b) Coercing other persons into prostitution;

c) Committing the crime more than once;

d) Against juveniles aged between full 16 years and under 18 years;

e) Causing serious consequences;

f) Constituting a case of dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve years and twenty years of imprisonment:

a) Against children aged between full 13 years and under 16 years;

b) Causing very serious consequences.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to twenty years of imprisonment or life imprisonment.

5. The offenders may also be subject to a fine of between five million dong and one hundred million dong, the confiscation of part or whole of property, probation for one to five years.

Article 255.- Procuring prostitutes

1. Those who entice or procure prostitutes shall be sentenced to between six months and five years of imprisonment.

2. Committing the offenses in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) Against juveniles aged between full 16 years and under 18 years;

b) In an organized manner;

c) Being of professional character;

d) Committing the offense more than once;

e) Constituting a case of dangerous recidivism;

f) Against more than one person;

g) Causing other serious consequences.

3. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Against children aged between full 13 years and under 16 years;

b) Causing very serious consequences.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between twelve and twenty years of imprisonment.

5. The offenders may also be subject to a fine of between one million and ten million dong.

Article 256.- Sexual intercourse with juveniles

1. Those who have paid sexual intercourses with juveniles aged between full 16 years and under 18 years shall be sentenced to between one and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and eight years of imprisonment:

a) Committing the offense more than once;

b) Having paid sexual intercourse with children aged between full 13 years and under 16 years;

c) Causing harm to the victims health with an infirmity rate of between 31% and 60%.

3. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) The offense is committed more than once against children aged between full 13 years and under 16 years;

b) The offense is committed even though the offenders know that they have been infected with HIV;

c) Harms are caused to the health of the victim with a infirmity rate of 61% or higher.

4. The offenders shall also be subject to a fine of between five million dong and ten million dong.