Chương XX Bộ Luật hình sự 1999: Các tội xâm phạm trật tự quản lý hành chính

Chapter XX

CRIMES OF INFRINGING UPON ADMINISTRATIVE MANAGEMENT ORDER

Article 257.- Resisting persons in the performance of their official duties

1. Those who use force, threaten to use force or use other tricks to obstruct persons in the performance of their official duties or coerce them to perform illegal acts, shall be sentenced to non-custodial reform for up to three years or between six 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) In an organized manner;

b) Committing the offense more than once;

c) Instigating, inducing, involving, inciting other persons to commit the offense;

d) Causing serious consequences;

e) Constituting a case of dangerous recidivism.

Article 258.- Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens

1. Those who abuse the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens, shall be subject to warning, non-custodial reform for up to three years or a prison term of between six months and three years.

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

Article 259.- Evading military service

1. Those who fail to strictly abide by the law provisions on military service registration, fail to abide by the order for enlistment into the army, the summoning order for military training, have already been administratively sanctioned for such acts or have already been sentenced for such offenses, not yet entitled to criminal record remission but continue to commit such violations, shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.

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

a) The offenders inflict injuries on themselves or harm to their health;

b) The offenses are committed during war time;

c) The offenders drag other persons into committing the offenses.

Article 260.- Failing to abide by the order to summon reserve armymen for enlistment into the army

1. Those who are reserve armymen but refuse to obey the order for enlistment into the army in case of general mobilization, local mobilization, war or of a demand to reinforce the regular force of the army for combat to defend localities, to defend the territorial sovereignty, shall be sentenced to non-custodial reform for up to three years or between six 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 offenders inflict injuries on themselves or harms to their health;

b) The offenders drag other persons into committing the offense.

Article 261.- Acting against the regulations on the performance of military service

1. Those who abuse positions and/or powers to act against the regulations on military service registration, the order for enlistment into the army and/or the summoning order for military trainings shall be sentenced to non-custodial reform for up to three years or between six months and three years of imprisonment.

2. Committing the offense during the war time, the offenders shall be sentenced to between two and seven years of imprisonment.

3. The offenders may also be banned from holding certain posts for one to five years.

Article 262.- Obstructing the performance of military service

1. Those who deliberately obstruct the military service registration, the summon for enlistment into the army, the summon for military training, shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the offense in cases of abusing positions and/or powers or during war time, the offenders shall be sentenced to between one and five years of imprisonment.

Article 263.- Deliberately disclosing State secrets; appropriating, trading in and/or destroying State secret documents

1. Those who deliberately disclose State secrets or appropriate, trade in and/or destroy State secret documents in circumstances other than those defined in Article 80 of this Code, shall be sentenced to between two and seven years of imprisonment.

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

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

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

Article 264.- Unintentionally disclosing State secrets, losing State secret documents

1. Those who unintentionally disclose State secrets or lose State secret documents shall be sentenced to non-custodial reform for up to three years or between six months and three years of imprisonment.

2. If causing serious consequences, the offenders shall be sentenced to between two and seven 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 265.- Assuming false position or rank

Those who assume false position or rank in order to commit illegal acts shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.

Article 266.- Amending and/or using certificates and papers issued by agencies and/or organizations

1. Those who amend, falsify the contents of passports, visas, household registration, civic status registration or various kinds of certificates and other documents of agencies and/or organizations and use such papers to commit illegal acts, causing serious consequences, or have already been administratively sanctioned for such acts but continue to commit them, shall be subject to warning, a fine of between one million dong and ten million dong, non-custodial reform for up to three years or a prison term of between six months and three years.

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

a) In organized manner;

b) Committing the crime more than once;

c) Causing very serious or particularly serious consequences.

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

Article 267.- Forging seals and/or documents of agencies and/or organizations.

1. Those who forge seals, documents or other papers of agencies and/or organizations or use such seals, documents or papers to deceive agencies, organizations and/or citizens, shall be subject to a fine of between five million dong and fifty million dong 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) Committing the offense more than once;

c) Causing serious consequences;

d) Constituting a case of dangerous recidivism.

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

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

Article 268.- Appropriating, trading in, destroying seals and/or documents issued by State agencies and/or social organizations

1. Those who appropriate, trade in and/or destroy seals and/or documents of State agencies and/or social organizations, which are not classified as State secrets or work secrets, shall be subject to a fine of between one million dong and ten million dong, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the offense 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) Causing serious, very serious or particularly serious consequences;

c) Constituting a case of dangerous recidivism.

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

Article 269.- Failing to execute administrative decisions of competent State agencies on sending offenders to establishments for reeducation, medical treatment or administrative probation

Those who deliberately refuse to execute administrative decisions of competent State agencies on sending offenders to establishments for reeducation, medical treatment, or administrative probation despite the application of necessary coercise measures, shall be sentenced to between six months and three years of imprisonment.

Article 270.- Breaching regulations on management of dwelling houses

1. Those who appropriate space for housing, build dwellings illegally, 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 the violations, shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.

Dwelling houses and works, which have been built illegally, may be dismantled, compulsorily purchased or confiscated.

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

Article 271.- Breaching regulations relating to the publication and distribution of books, newspapers, audio discs and tapes, video discs and tapes or other printed matters

1. Those who violate regulations relating to the publication and distribution of books, newspapers, audio discs and tapes, video discs and tapes or other printed matters shall be subject to warning, a fine of between ten million dong and one hundred million dong, non-custodial reform for up to one year or a prison term of between three months and one year.

2. The offenders may also be subject to a fine of between ten 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 272.- Breaching regulations relating to the protection and use of historical or cultural relics, famous landscapes and scenic places, causing serious consequences

1. Those who violate regulations relating to the protection and use of historical or cultural relics, famous landscapes and scenic places, thus causing serious consequences or have already been administratively sanctioned for such acts or already been sentenced for such offenses, not yet entitled to criminal record remission but continue to commit the violations, shall be subject to warning, a fine of between two million dong and twenty 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 cases where very serious or particularly serious consequences are caused, the offenders shall be sentenced to between two and seven years of imprisonment.

Article 273.- Breaching regulations on border regions

1. Those who violate the regulations on residence, movement or other regulations relating to border regions, have already been administratively sanctioned for such act or already been sentenced for such offense, not yet entitled to criminal record remission but continue to commit the violation, shall be subject to a fine of between five million dong and fifty million dong or a prison term of between six months and three years.

2. If the offense constitutes a case of recidivism or causes serious consequences, the offender shall be sentenced to between two and seven years of imprisonment.

3. The offenders may also be subject to a fine of between three million dong and thirty million dong, the residence ban for one to five years.

Article 274.- Illegally leaving or entering the country; illegally staying abroad or in Vietnam

Those who illegally leave or enter the country or stay abroad or in Vietnam, have already been administratively sanctioned for such act but continue the violation, shall be subject to a fine of between five million dong and fifty million dong or a prison term of between three months and two years.

Article 275.- Organizing and/or coercing other persons to flee abroad or to stay abroad illegally

1. Those who organize and/or coerce other persons to flee abroad or stay abroad in cases other than those stipulated in Article 91 of this Code shall be sentenced to between two years and seven years of imprisonment.

2. If the offense is committed more than once or causes serious or very serious consequences, the offenders shall be sentenced to between five and twelve years of imprisonment.

3. If particularly serious consequences are caused, the offenders shall be sentenced to between twelve and twenty years of imprisonment.

Article 276.- Affronting the national flag or national emblem

Those who deliberately affront the national flag and/or the national emblem shall be subject to warning, non-custodial reform for up to three years or a prison term of between six months and three years.