Phần thứ nhất Bộ luật hình sự 2015: Những quy định chung

Part One

GENERAL PROVISIONS

Chapter I

BASIC CLAUSES

Article 1. Objectives of the Criminal Code

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.

This document provides for crimes and sentences.

Article 2. Basis of criminal liability

1. No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal liability.

2. No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal liability.

Article 3. Rules for punishing crimes

1. With regard to criminals:

a) 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 punished.

Leniency 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 document;

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 satisfied.

2. With regard to corporate legal entities that commit criminal offences:

a) 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 consequences.

Article 4. Responsibility for prevention and fight against crimes

1. 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 organizations.

3. Every citizen has the duty to participate in prevention and fight against crimes.

Chapter II

EFFECT 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 Vietnam.

It 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 thereof.

2. 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 manner.

Article 6. Effect of the Criminal Code on criminal offences committed outside the territory of the Socialist Republic of Vietnam

1. 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 document shall face criminal prosecution in Vietnam as prescribed by this document.

This clause also applies to stateless residents of Vietnam.

2. 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 document 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 Code

1. A provision of law effective at the same time as the commission of the criminal offence shall be applied to such criminal offence.

2. 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 force.

3. 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 suspended sentence, 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 force.

Chapter III

CRIMES

Article 8. Definition of crime

1. 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 document.

2. An act that resembles a crime but is actually not remarkably dangerous for society is not a crime and shall be dealt with otherwise.

Article 9. Classification of crimes

Crimes defined in this document are classified into four categories according to their nature and danger to society:

1. Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this document 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 document 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 document 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 document is from over 15 years' to 20 years' imprisonment, life imprisonment or death.

Article 10. Deliberate crimes

Cases of deliberate crimes:

1. 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, does not want such consequences to occur but deliberately lets them occur.

Article 11. Involuntary crimes

Cases of involuntary crimes:

1. 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 foreseen.

Article 12. Age of criminal responsibility

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

2. 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 Articles:

a) 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 of property); Article 178 (Vandalism or deliberate destruction of property);

c) Article 248 (Illegal production of narcotic substances); Article 249 (Illegal possession 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, possession, trafficking, use, trading or appropriation of military weapons or military equipment).

Article 13. Crimes committed under the influence of alcohol or other strong stimulants

A person who has lost his/her awareness or control of his/her acts because of influence of alcohol or other strong stimulants still has to bear criminal responsibility.

Article 14. Preparation for crimes

1. Preparation for a crime means finding, preparing tools, equipment or other conditions for the crime or establishing, joining a group of criminals, except in the circumstances specified in Article 109, Point a Clause 2 Article 113 or Point a Clause 2 Article 299 hereof.

2. A person who prepares for any of the following crimes shall bear criminal responsibility:

a) 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, possession, 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 303 (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 responsibility.

Article 15. Attempts

An attempt to commit a crime means an intent and conduct towards completion of a crime that does not occur for reasons not intended by the criminal.

The person who commits an unsuccessful crime has to take criminal responsibility.

Article 16. Voluntary termination commission of crimes

Voluntary termination commission of a crime means a person's voluntarily stopping committing the crime without anything stopping him/her from committing such crime.

Anyone who voluntarily terminates the commission of a crime is exempt from criminal responsibility; if the committed acts constitute another crime, the offender shall bear criminal responsibility for such other crime.

Article 17. Complicity

1. Complicity is a situation in which two or more people deliberately commit the same crime.

2. Organized crime is a form of complicity in which the accomplices cooperate closely in committing the crime.

3. An accomplice means an organizer, perpetrator, instigator or abettor.

Perpetrator means the person who directly commits the crime.

Organizer means the mastermind behind the commission of the crime.

Instigator means the person entice or encourage other people to commit the crime.

Helper means the person who provides spiritual or material assistance in the commission of the crime.

4. The accomplice shall not take criminal responsibility for unjustified force used by the perpetrator.

Article 18. Concealment of crimes

1. 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 document.

2. 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 hereof.

Article 19. Misprision

1. 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 circumstances specified in Article 389 hereof.

2. 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 hereof.

3. 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 hereof.

Chapter IV

CASES OF EXEMPTION FROM CRIMINAL RESPONSIBILITY

Article 20. Unexpected events

The person who commits an act that results in harmful consequences is exempt from criminal responsibility if such consequences cannot be foreseen or have to be foreseen.

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 responsibility.

Article 22. Justifiable force

1. Justifiable force in self-defense means the a person's use of force which is reasonably necessary to defend against another person's infringement upon his/her legitimate rights or interests of himself/herself, other people, the State, organizations.

The use of justifiable force does not constitute a criminal offence.

2. 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 infringement.

The person who uses unjustified force in self-defense shall take criminal responsibility as prescribed by this document.

Article 23. Urgent circumstances

1. 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 organization.

The act of inflicting damage in an urgent circumstance does not constitute a criminal offense.

2. If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who inflicts such damage shall bear criminal responsibility.

Article 24. Infliction of bodily harm while capturing criminals

1. 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 offence.

2. If the bodily harm inflicted by the use of violence is obviously more than necessary, the person who inflicts such damage shall bear criminal responsibility.

Article 25. Risks from researches, experiments, application of technological advances

The 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 taken.

The person who fails to comply with the procedures, regulations or take all preventive measures and causes damage shall bear criminal responsibility.

Article 26. Following orders of commanders or superiors

A 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 responsibility.

This provision does not apply to the cases specified in Clause 2 Article 421, Clause 2 Article 422 and Clause 2 Article 423 hereof.

Chapter V

TIME LIMIT FOR CRIMINAL PROSECUTION; EXEMPTION FROM CRIMINAL RESPONSIBILITY

Article 27. Time limit for criminal prosecution

1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

2. Time limits for criminal prosecution:

a) 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 crimes.

3. 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 arrested.

Article 28. Non-application of time limit for criminal prosecution

Time limit for criminal prosecution does not apply to the following crimes:

1. 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 circumstances specified in Clause 3 and Clause 4 Article 353 hereof; acceptance of bribes in the circumstances specified in Clause 3 and Clause 4 Article 254 hereof.

Article 29. Basis for exemption from criminal responsibility

1. A criminal offender shall be exempt from criminal responsibility on one of the following bases:

a) 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 granted.

2. A criminal offender might be exempt from criminal responsibility on one of the following bases:

a) 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 society.

3. The person who involuntarily commits a less serious crime or a serious crime and causes 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 responsibility

Chapter VI

SENTENCES

Article 30. Definition of sentence

A sentence means the most severe coercive measure of the State specified in this document, 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 interests.

Article 31. Purposes of sentences

Sentences 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 crimes.

Article 32. Sentences against criminals

1. Primary sentences:

a) Warning;

b) Fine;

c) Community sentence;

d) Expulsion;

dd) Determinate imprisonment;

e) Life imprisonment;

g) Death sentence.

2. Additional sentences:

a) 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 imposed.

3. The offender shall incur only one primary sentence for a crime committed and possibly one or more additional sentences

Article 33. Sentences against business entities committing crimes

1. Primary sentences:

b) Fine;

b) Suspension of operation;

c) Permanent shutdown.

2. Additional sentences:

a) Ban from operating in certain fields;

b) Prohibition from raising capital;

c) Fine if no administrative penalties are imposed.

3. The corporate legal entity shall incur only one primary sentence for a criminal offence committed and possibly one or more additional sentences.

Article 34. Warning

Warning is imposed upon people who commit less serious crimes and have multiple mitigating factors but are not eligible for exemption from sentence.

Article 35. Fine

1. Fine is imposed as a primary sentence against:

a) People who commit less serious crimes or serious crimes defined by this document;

b) People who commit very serious crimes against the law on economics, environment, public order, public safety and other crimes defined by this document.

2. Fine is imposed as an additional sentence against people committing crimes related to corruption, drugs or other crimes defined by this document.

3. 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 1,000,000.

4. Fines imposed upon corporate legal entities committing crimes are specified in Article 77 hereof.

Article 36. Community sentence

1. 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 society.

If the convict has been kept in temporary detention, the duration of temporary detention shall be deducted from the duration of community sentence: 01 day of temporary detention equals (=) 03 days of community sentence.

2. 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/her.

3. While serving the sentence, the convict must fulfill certain duties according to regulations on community sentence and part of his income (5% - 20%) shall be extracted to pay to state budget on a monthly basis. In special cases, the court might not require income deduction and specify the reason in the judgment.

The income of a sentenced person who is doing his/her military service shall not be deducted.

4. 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 sentence.

The duration of community serving must not exceeds 04 hours per day and 05 days per week.

This measure must not be applied to pregnant women, women raising children under 06 months of age, old and weak people, people having fatal diseases, people having severe disabilities or extremely severe disabilities.

People sentenced to community sentence must fulfill the duties specified in the Law on enforcement of criminal judgments.

Article 37. Expulsion

Expulsion means the act of forcing sentenced foreigners to leave the territory of Socialist Republic of Vietnam.

Expulsion shall be imposed as a primary sentence or additional sentence on a case-by-case basis.

Article 38. Determinate imprisonment

1. Determinate imprisonment means forcing the convict to serve his/her sentence in a detention facility over a certain period of time.

The duration of determinate imprisonment imposed upon an offender is from 03 months to 20 years.

The duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals (=) 01 day in prison.

2. Determinate imprisonment shall not be imposed upon a person who commits a less serious crime for the first time and has a fixed residence.

Article 39. Life imprisonment

Life imprisonment is an indefinite imprisonment imposed upon people committing extremely serious crimes but not punishable by death.

Life imprisonment shall not be imposed upon offenders under 18 years of age (hereinafter referred to as juvenile offenders).

Article 40. Death sentence

1. 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 document.

2. 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 trial.

3. The life sentence shall not be executed in the following circumstances:

a) 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 three quarters 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 crime.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

Article 41. Prohibition from holding certain positions or doing certain works

Prohibition 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 works.

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 given a suspended sentence.

Article 42. Prohibition from residence

Prohibition from residence means preventing the person sentenced to imprisonment from temporarily or permanently residing in certain administrative divisions.

The duration of prohibition is from 01 to 05 years from the end of the imprisonment.

Article 43. Mandatory supervision

Mandatory 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 works.

Mandatory supervision shall be imposed upon people committing crimes against national security, dangerous recidivism and other crimes prescribed by this document shall be kept under surveillance.

The duration of mandatory supervision is from 01 to 05 years from the end of the imprisonment.

Article 44. Deprivation of certain citizenship rights;

1. A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this document shall have one or some of the following citizenship rights derived of:

a) 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 army.

2. 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 given a suspended sentence.

Article 45. Confiscation of property

Confiscation of property means confiscation and transfer of part of or all of property under the ownership of the convict to state budget.

Confiscation 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 document.

Confiscation of property shall be so carried out that the convict and his/her family are still able to carry on their life.

Chapter VII

JUDICIAL MEASURES

Article 46. Judicial measures

1. Judicial measures taken against a person committing a crime include:

a) 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 treatment.

2. Judicial measures taken against a corporate legal entity committing a crime include:

a) 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 consequences.

Article 47. Confiscation of money and items directly related to the crime

1. Expropriation or destruction shall be applied to:

a) 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 State.

2. Items and money illegally appropriated or used by the offender shall be returned to their lawful owners or managers instead of being confiscated.

3. 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 crime.

Article 48. Return, repair of property or provision of compensation; offering of public apology

1. The offender must return appropriated property to its lawful owner or manager, make repair or provide compensation for the damage caused by the crime.

2. 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 apology.

Article 49. Mandatory disease treatment

1. 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 treatment.

2. 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 responsibility.

3. 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 are no reasons to do otherwise.

The duration of mandatory treatment shall be deducted from the imprisonment duration.

Chapter VIII

DECISION ON SENTENCES

Section 1. GENERAL PROVISIONS

Article 50. Basis for decision on sentences

1. The Court shall issue the decision on sentences pursuant to this document and in consideration of the nature and danger of the crime to society, record of the offender, mitigating factors and aggravating factors.

2. When imposing a fine, apart from the basis specified in Clause 1 of this Article, the Court shall also consider the offender's property and ability to pay the fine.

Article 51. Mitigating factors

1. The following circumstances are considered mitigating factors:

a) 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 veteran.

2. 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 judgment.

3. If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.

Article 52. Aggravating factors

1. The following circumstances are considered aggravating factors:

a) 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 a sophisticated, deceitful or ruthless trick to commit the crime;

n) The offender uses a trick or instrument 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 crime.

2. Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.

Article 53. Recidivism and dangerous recidivism

1. Recidivism is a situation in which a person who has an unspent conviction for the same offence and deliberately commits a very serious crime or involuntarily commits an extremely serious crime.

2. Dangerous recidivism is a situation in which:

a) A person who has an unspent conviction for a deliberate very serious crime or extremely serious crime 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 offence.

Section 2. DECISION ON SENTENCES IN PARTICULAR CASES

Article 54. Decision on a sentence below lower limit of the sentence bracket.

1. 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 hereof.

2. 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 record.

3. 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 judgment.

Article 55. Decision on sentence for multiple crimes

When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

1. Primary sentence:

a) If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence 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 imprisonment.

c) 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 sentence:

a) If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

b) If the sentences imposed are of various types, the convict must serve all of them.

Article 56. Combination of sentences of multiple judgments

1. 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 hereof.

The duration of the previous sentence shall be deducted from that of the combined sentence.

2. 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 Article.

Article 57. Decision on sentences for preparation of crimes or unsuccessful crimes

1. A sentence for preparation of a crime or unsuccessful 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 end.

2. The sentence for preparation of a crime shall be imposed within the sentence brackets in particular provisions of law.

3. The maximum sentence for the unsuccessful 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 quarters of the determinate imprisonment sentence provided for by the corresponding provision of law.

Article 58. Decision on sentence for complicacy

When imposing sentences upon accomplices, the Court must consider the nature of complicacy and the degree of participation of each accomplice.

Mitigating factors, aggravating factors or from criminal responsibility of an accomplice shall only apply to that accomplice.

Article 59. Exemption from punishment

The offender might be exempt from punishment in the circumstances 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 responsibility.

Chapter IX

TIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM SERVING SENTENCES, REDUCTION OF SENTENCE DURATION

Article 60. Time limit for judgment execution

1. The time limit for execution of a criminal judgment means a limited period of time defined by this document after which the convicted person or corporate legal entity is no longer required to serve the given sentence.

2. Time limits for execution of a sentence imposed upon a person:

a) 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 death.

3. Time limits for execution of a sentence imposed upon a corporate legal entity is 05 years.

4. 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 committed.

5. 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 arrested.

Article 61. Non-application of time limit for sentence execution

There are no time limits for execution of sentences for the crimes specified in Chapter XIII and Chapter XXVI hereof.

Article 62. Exemption from serving sentences

1. A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.

2. 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 circumstances:

a) 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 society.

3. 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 society.

4. 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 sentence.

5. 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 fine.

6. 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 sentence.

7. The person exempt from serving a sentence as set out in this Article must fulfill the civil obligations specified in the judgment.

Article 63. Commutation of sentence

1. 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 sentence.

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 sentence.

2. A person might receive more than one commutation. Nevertheless, at least half of the sentence must be served.

The 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 commutations.

3. 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 commutations.

4. If a person who has received a commutation commits a new crime that is less serious, the Court may only give the first commutation after he/she has served haft of the combined sentence.

5. 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 Article.

6. With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances 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 reality.

Article 64. Commutation under special circumstances

If 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 hereof.

Article 65. Suspended sentences

1. 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 a suspended sentence with a probation period 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 unnecessary.

2. During the probation period, the convict 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/her.

3. The court may impose additional sentences upon the convict if provided for by the applied provision of law.

4. After the convict has completed half the duration of the probation and shows improvements, at the request of the supervising agency/organization, the Court shall consider reducing the probation period.

5. 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 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 hereof.

Article 66. Conditional parole

1. A person serving an imprisonment sentence (prisoner) may be granted parole when all of the following conditions are satisfied:

a) The prisoner does not have prior criminal record;

b) The prisoner 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 imprisonment.

A prisoner who is a wounded soldier, sick soldier, member of a martyr's family, aged 70 or older, a person suffering 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 life imprisonment commuted to determinate imprisonment;

g) The offence is not committed in any of the circumstances specified in Clause 2 of this Article.

2. Parole shall not be granted to:

a) any prisoner that is convicted of infringement of 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 circumstances specified in Clause 3 Article 40 hereof.

3. 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 sentence.

4. 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 sentence.

If 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 hereof.

5. 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 period.

Article 67. Deferred imprisonment sentence

1. A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:

a) 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 raising 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 a crime 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 duties.

2. 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 hereof.

Article 68. Suspended imprisonment sentence

1. A person who is serving an imprisonment sentence may have the sentence suspended in the circumstances specified in Clause 1 Article 67 hereof.

2. The duration of suspension shall be included in the imprisonment period.

Chapter X

CONVICTION EXPUNGEMENT

Article 69. Conviction expungement

1. 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 conviction.

2. 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 convictions.

Article 70. Automatic conviction expungement

1. 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 of a suspended sentence or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are met.

2. Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during the periods specified below:

a) 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;

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 imprisonment.

A 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 punishment.

3. 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 execution.

4. 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 satisfied.

Article 71. Conviction expungement under a court's decision

1. 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 of a suspended sentence or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are met.

The 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 attitude.

2. The court shall grant conviction expungement if the convict, after serving the primary sentence or probation period of a suspended sentence as well as additional sentences and other decisions of the judgment, does not commit any new crime over the following periods:

a) 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 commuted.

If 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 sentence.

3. 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 execution.

4. If an application for conviction expungement is 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 expungement

Where 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 Law.

Article 73. Period after which a conviction may be expunged

1. The period after which a conviction may be expunged specified in Article 70 and Article 71 hereof depends on the primary sentence.

2. 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 judgment.

3. 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 hereof.

4. Where a person is exempt from serving the remaining sentence, it will be considered that the sentence has been served.

Chapter XI

REGULATIONS APPLIED TO COMMERCIAL LEGAL ENTITIES COMMITTING CRIMINAL OFFENCES

Article 74. Application of Criminal Code to corporate legal entities committing criminal offences

A corporate legal entity shall bear criminal responsibility according to this Chapter, other regulations of Part One hereof that do not contravene this Chapter.

Article 75. Conditions for a corporate legal entity to bear criminal responsibility

1. A corporate legal entity shall only bear criminal responsibility if all of the following conditions are satisfied:

a) 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 expired.

2. The fact that corporate legal entity has criminal responsibility does not exempt criminal responsibility of individuals.

Article 76. Scope of criminal responsibility of corporate legal entities

A corporate legal entity shall only bear criminal responsibility for the following criminal offences:

1. Article 188 (Smuggling); Article 189 (Illegal trafficking of goods or money across the border); Article 190 (Manufacture or trading of banned commodities); Article 191 (Possession 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 (Commission 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. Fine

1. Fine is imposed as a primary punishment or additional punishment against corporate legal entities committing criminal offences.

2. 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 50,000,000.

Article 78. Suspension of operation

1. 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 reality.

2. The suspension period is from 06 months to 03 years.

Article 79. Permanent shutdown

1. 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 repaired.

2. A corporate legal entity is established for the sole purpose of committing the criminal offence shall have all of its activities permanently terminated.

Article 80. Ban from operating in certain fields

1. Ban from certain fields shall be imposed if it is considered that the convicted corporate legal entity might harm human life, health or society if it keeps operating in such fields.

2. The court shall decide the fields from which the convicted entity is banned.

3. The duration of ban is from 01 to 03 years from the effective date of the judgment.

Article 81. Prohibition from raising capital

1. 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 fields.

2. Types of prohibition from raising capital:

a) Prohibition from taking loans from banks, credit institutions and or 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 trusts.

3. The court shall decide on one or some of the types of prohibition specified in Clause 2 of this Article.

4. The duration of prohibition from raising capital is from 01 to 03 years from the effective date of the judgment.

Article 82. Judicial measures taken against corporate legal entities committing criminal offences

1. The Court may decide to take the following judicial measures against a corporate legal entity committing criminal offences:

a) The judicial measures specified in Article 47 and Article 48 hereof;

b) Compulsory restoration of original state;

c) Compulsory implementation of some measures for mitigation and prevention of consequences.

2. The court may require the offending entity to restore the original state which was changed by its criminal offence.

3. 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 offence:

a) 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 market.

Article 83. Basis for deciding punishments against offending corporate legal entities

The Court, pursuant to this document 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 punishment.

Article 84. Mitigating factors mitigating factors and criminal responsibility of corporate legal entity

1. The following circumstances are mitigating factors:

a) 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 policies.

2. When deciding the punishments, the Court might consider the offender's other circumstances as mitigating factors and specify the reasons in the judgment.

3. If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or punishment bracket, it shall not be considered a mitigating factor in the decision on punishments.

Article 85. Aggravating factors applied to corporate legal entities

1. The following circumstances are considered aggravating factors:

a) 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 offence.

2. Circumstances defined by this document as the basis for determination of a criminal offence or punishment bracket shall not be considered an aggravating factor.

Article 86. Decision on punishment for commission of multiple criminal offences

When a corporate legal entity is tried for multiple criminal offences, the Court shall decide the punishment for each of them and combined punishment as follows:

1. Primary punishment:

a) 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 punishment:

a) If all of the punishments imposed are the of the same type, the combined punishment shall not exceed the limits specified in this document 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 them.

Article 87. Combination of punishments of multiple judgments

1. 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 hereof.

The duration of the previous sentence that is suspension of operation, prohibition from operating in certain fields or ban from raising capital shall be deducted from that of the combined sentence.

2. 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 Article.

Article 88. Exemption of punishment

An offending corporate legal entity may be exempt from punishment after the damage has been repaired and compensation has been paid.

Article 89. Expungement of conviction

A 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 judgment.

Chapter XII

REGULATIONS APPLIED TO JUVENILE OFFENDERS

Section 1. GENERAL REGULATIONS ON CRIMINAL PROSECUTION AGAINST JUVENILE OFFENDERS

Article 90. Application of Criminal Code to juvenile offenders

A 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 Chapter.

Article 91. Rules for taking actions against juvenile offenders

1. 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 citizen.

Actions taken against juvenile offenders depend on their ages, awareness of their criminal acts, reasons and circumstances in which the criminal offences are committed.

2. A juvenile offender who commits a criminal offence in any of the following circumstances 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 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except in the circumstances 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 possession 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 in the circumstances 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 possession 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 commission of the criminal offence.

3. 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 prevention.

4. At the trial, the court shall only impose a sentence upon a juvenile offender if it is considered that the exemption of criminal responsibility and application any of the measures specified in Section 2 or compulsory education in a correctional institution specified in Section 3 of this Chapter do not have sufficient educational and deterrent effects.

5. Life imprisonment and death sentence shall not be imposed upon a juvenile offender.

6. 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 effects.

Where 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 crime.

Additional punishments shall not be shall not be imposed upon a juvenile offender.

7. A sentence imposed upon an offender aged under 16 shall not be used as the basis for determination of recidivism or dangerous recidivism.

Section 2. SUPERVISORY AND EDUCATIONAL MEASURES IN CASE OF EXEMPTION FROM CRIMINAL RESPONSIBILITY

Article 92. Conditions

The investigating authority, the procuracy or the court shall only grant exemption of criminal responsibility and issue reprimand, call for reconciliation or implement compulsory educational measures in the community if the juvenile offender or his/her legal representative accepts one of such measures.

Article 93. Reprimand

1. 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 commission of the crime.

2. The investigating authority, the procuracy or the court shall decide the issuance of reprimand. The issuance of a reprimand against a juvenile offender must be witnessed by his/her parent or legal representative.

3. The reprimanded person has the obligations to:

a) 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 jobs.

4. The competent authority shall decide the time limit for fulfilling the obligations specified in Point b and Point c Clause 3 of this Article on a case-by-case basis, which is from 03 months to 01 year.

Article 94. Reconciliation

1. 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 hereof.

2. 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 responsibility.

3. The person subject to reconciliation has the obligations to:

a) Offer the victim apologies and pay damages;

b) Fulfill the obligations specified in Clause 3 Article 93 hereof.

Article 95. Compulsory educational measures in the commune

1. 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 cases:

b) An offender aged from 16 to under 18 commits a less serious crime or serious crime specified in Point a Clause 2 Article 91 hereof;

b) An offender aged from 14 to under 16 commits a very serious crime specified in Point b Clause 2 Article 91 hereof.

2. The subject to supervisory and educational measures has the obligations to:

a) 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 hereof.

3. 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 commune.

Section 3. COMPULSORY EDUCATION IN CORRECTIONAL INSTITUTIONS

Article 96. Education in correctional institutions

1. 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 environment.

2. The person sent to a correctional institution must fulfill his/her study and work duties under the supervision of the institution.

Article 97. Early termination of education in correctional institutions

If 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 institution.

Section 4. PUNISHMENTS

Article 98. Punishments imposed upon juvenile offenders

A juvenile offender shall face one of the following punishments for each criminal offence committed:

1. Warning;

2. Fine;

3. Community sentence;

4. Imprisonment.

Article 99. Fine

A fine shall be imposed as an administrative penalty upon an offender aged from 16 to under 18 if he/she has income or private property.

The fine incurred by an offender aged from 16 to under 18 shall not exceed one half of the fine specified by the law.

Article 100. Community sentence

1. 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 crime.

2. When community sentence is imposed upon a juvenile offender, his/her income must not be deducted.

The duration of community sentence imposed upon a juvenile offender shall not exceed one third of the duration specified by the law.

Article 101. Determinate imprisonment

1. 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 law.

Section 5. SENTENCE DECISION, COMBINED DECISION, SENTENCE EXEMPTION OR COMMUTATION, CONVICTION EXPUNGEMENT

Article 102. Decision on a sentence for preparation of a crime or unsuccessful crime

1. 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 hereof.

2. 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 law.

The 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 hereof.

The 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 hereof.

Article 103. Combined sentence for multiple crimes

1. 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 hereof.

If 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 16.

2. 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 afterwards:

a) 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 afterwards:

a) 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 offender.

Article 104. Combination of punishments of multiple judgments

If 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 hereof.

The combined sentence must not exceed the heaviest sentence specified in Article 103 hereof.

Article 105. Sentence commutation

1. 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 sentence.

2. 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 cancelled.

3. 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 fine.

Article 106. Conditional parole

1. A juvenile offender who is serving an imprisonment sentence may be given a parole if all of the following conditions are satisfied, except in the circumstances specified in Clause 2 Article 66 hereof:

a) 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 hereof.

Article 107. Expungement of conviction

1. A juvenile offender shall be treated as if he/she does not have a conviction in any of the following circumstances:

a) 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 taken.

2. 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 execution.