Part five
IMPLEMENTATION CLAUSES
Article 177. Amendments, annulment of some chapters, articles of relevant laws
1. Some chapters and articles of the Criminal Code No. 100/2015/QH13, which has been amended by a number of articles under Law No. 12/2017/QH14 shall be amended and annulled as follows:
a) Chapter XII is annulled;
b) The Phrase “tư pháp” is removed from point g of clause 1 of Article 134.
2. Some chapters and articles of the Criminal Procedure Code No. 101/2015/QH13, which has been amended by a number of articles under Law No. 02/2021/QH15 and Law No. 34/2024/QH15 shall be amended and annulled as follows:
a) Amendments to Article 7:
“Article 7. Upkeep of socialist law enforcement regarding criminal procedures
Every activity of criminal procedures must abide by this Code. The processing of criminal information, filing of charges, investigation, prosecution and adjudication shall abide only by the grounds, procedures and formalities as defined by this Code. Lodging and processing of criminal information, filing of charges, investigation, prosecution and adjudication in respect of juveniles must also comply with the Law on Juvenile Justice.";
b) The phrase “quyết định giao người dưới 18 tuổi cho cơ quan, tổ chức, cá nhân có trách nhiệm giám sát; quyết định thay đổi người giám sát người dưới 18 tuổi phạm tội;” (“decisions on the entrustment of persons under 18 to authorities and entities in charge of supervision”) at Point d of Clause 1 of Article 37 and Point h of Clause 1 of Article 42 shall be removed;
c) Point d of clause 1 of Article 39 is annulled;
d) The phrase “thay đổi người giám sát người dưới 18 tuổi phạm tội;” (“change of supervisors for perpetrators under 18") at Point e of Clause 2 of Article 45 shall be removed;
d) The phrase “hoặc có căn cứ quy định tại Điều 16 hoặc Điều 29 hoặc khoản 2 Điều 91 của Bộ luật Hình sự” ("or as per justifications prescribed in Article 16 or Article 29 or Clause 2 of Article 91 of the Criminal Code") shall be replaced with the phrase “hoặc có căn cứ quy định tại Điều 16 hoặc Điều 29 của Bộ luật Hình sự hoặc người chưa thành niên được áp dụng biện pháp xử lý chuyển hướng theo quy định của Luật Tư pháp người chưa thành niên” ("or as per justifications prescribed in Article 16 or Article 29 of the Criminal Code" or juveniles eligible for diversion measures as prescribed in Law on Juvenile Justice”) at Point a of Clause 1 of Article 230 and Clause 1 of Article 248;
e) The phrase “hoặc người chưa thành niên được áp dụng biện pháp xử lý chuyển hướng theo quy định của Luật Tư pháp người chưa thành niên” ("juveniles eligible for diversion measures as prescribed in Law on Juvenile Justice") shall be added to after the phrase “của Bộ luật này” ("of this Code") at Point a of Clause 1 of Article 282;
g) The phrase "or clause 2 of Article 91” in Article 285 shall be removed;
h) Amendments to clause 2 of Article 330:
"2. The decisions in a first instance court, which are appealed, refer to decisions to suspend or dismiss the case or lawsuit against suspects and defendants and other decisions in the first instance court as per this Code and the Law on Juvenile Justice.”;
i) Chapter XXVIII shall be annulled;
e) The phrase “và quyết định tố tụng quy định tại chương VII và chương VIII của Luật Tư pháp người chưa thành niên” ("and procedural decisions prescribed in Chapter VII and Chapter VIII of the Law on Juvenile Justice") shall be added to after the phrase “của Bộ luật này” ("of this Code") at Clause 1 of Article 470;
l) The phrase “and proceedings prescribed in Chapter VII and Chapter VIII of the Law on Juvenile Justice” shall be added to after the phrase "of this Code" at Clause 2 of Article 470;
3. Some articles of Law on Enforcement of Criminal Judgments No. 41/2019/QH14 shall be amended and annulled as follows:
a) The phrase “, giáo dục tại trường giáo dưỡng” (“, education at reformatory”) shall be removed from clause 4 of Article 2;
b) Clause 15 of Article 3, Point b of Clause 1 of Article 132, Clause 2 of Article 133, Clause 2 of Article 135, Section 4 of Chapter III and Section 3 of Chapter X shall be annulled;
c) The phrase “hoặc người chấp hành biện pháp tư pháp giáo dục tại trường giáo dưỡng” ("or persons serving educational measures at reformatory") shall be removed from Clause 17 of Article 3.
4. The phrase “biện pháp khiển trách, hòa giải tại cộng đồng hoặc biện pháp giáo dục tại xã, phường, thị trấn khi được miễn trách nhiệm hình sự” ("reprimand, community conciliation or edification at the commune, ward or town when being exempted from criminal liability") shall be replaced with the phrase “biện pháp xử lý chuyển hướng tại cộng đồng” (“community-bases diversion measures) in Clause 1 of Article 71 of the Law on Children No. 102/2016/QH13, which has been amended by a number of articles under Law No. 28/2018/QH14.
5. Some articles of the Law on Civil Judgment Enforcement No. 26/2008/QH12 have been amended by a number of articles under Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, Law No. 03/2022/QH15, Law No. 31/2024/QH15 and Law No. 43/2024/QH1 shall be amended as follows:
a) The phrase "of the Court, the diversion measure of damage payment in the decision on applying diversion measure of the Investigation authority, the Procuracy, the Court" shall be added after the phrase "criminal decision" in Article 1;
b) Addition of clause 3 after clause 2 of Article 2:
“3. Decision on applying diversion measure of damage payment of the Investigation authority, the Procuracy, the Court shall have legal effect.”.
6. Some clauses of Article 7 of Law on Legal Aid No. 11/2017/QH14 shall be amended and annulled as follows:
a) Amendments to clause 5:
“5. Persons from 16 to under 18 years of age who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, crime victims, witness testifiers, persons serving diversion measures, and inmates.”;
b) Point dd of clause 7 shall be annulled.
7. Point a of Clause 1 of Article 31 of the Law on Residence No. 68/2020/QH14 shall be amended as follows:
“a) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole; is serving community-based diversion measure, or serving educational measure at reformatory but is granted postponement, suspension of sentence enforcement, and leaves the commune-level administrative unit where they are residing for 01 day or more;”.
Article 178. Effect
1. This Law comes into force from January 1, 2026, except for the case specified in Clause 2 of this Article.
2. Article 139, Clause 1 and Clause 2 of Article 162 of this Law comes into force from January 1, 2028.
Article 179. Transitional provisions
1. From January 1, 2026:
a) For cases in processing of criminal information, filing of charges, investigation, prosecution, and adjudication of first instance that have not been completed by January 1, 2026, the regulations of this Law shall apply to resolve the case, except for the investigation period, the period for deciding the prosecution or the period for preparing for first-instance trials, the period for temporary detainment, the period for detention, and the separation of cases, which shall comply with Criminal Procedure Code. In cases where the investigation, prosecution, and adjudication stages do not involve the participation of social workers in the proceedings, the Investigation Authority, the Procuracy, and the Court shall request social workers to participate in the proceedings in accordance with this Law.
If the remaining investigation period, the period for deciding prosecution, or the period for preparing for the first instance trial is not enough to fully apply the diversion procedure but there are grounds for applying the diversion measures prescribed in Articles 35, 37, and 39 of this Law, the presiding authority handling the case shall review and issue a decision to apply the diversion measures to the juvenile;
b) For cases in the stage of second-instance trial that have not ended by January 1, 2026, the second-instance court must base on the regulations of this Law to continue handling the case, except for the period for preparing for the second-instance trial and the period of detention, which shall comply with the Criminal Procedure Code.
If there are grounds for applying the diversion measures prescribed in Articles 35, 37 and 39 of this Law, the Trial Panel shall amend the first-instance judgment and decide to apply the diversion measures in the second-instance judgment;
c) For cases that are being handled and resolved by the Agency assigned to conduct a number of investigation activities within the authority prescribed in the Criminal Procedure Code but have not been completed by January 1, 2026, the authority to resolve the case shall comply with the Criminal Procedure Code until the investigation is completed;
d) For suspects and defendants who are being held in detention under the Criminal Procedure Code but have not been held in detention under the regulations of this Law by January 1, 2026, the Procuracy and the Court shall decide to cancel the detention measure currently applied or replace it with another preventive measure in accordance with this Law and the Criminal Procedure Code;
dd) For judgments and decisions of the Court that have come into effect but have not been enforced or have not been fully enforced by January 1, 2026, the regulations of this Law and relevant laws shall be applied for enforcement.
2. The clauses and articles of this Law on warnings, fines, definite-term imprisonment, decisions on penalties in cases of preparing to commit a crime, attempted crime, reduction of the imposed penalty, suspended sentences, postponement of execution of imprisonment, parole, expungement of convictions and other favorable provisions for offenders as prescribed in Chapter VI of this Law shall apply from the date of issuance of this Law.
3. The clauses and articles of this Law on diversion measures, warnings, fines, definite-term imprisonment, decisions on penalties in cases of preparing to commit a crime, attempted crime, reduction of the imposed penalty, suspended sentences, postponement of execution of imprisonment, parole, expungement of convictions and other favorable provisions for offenders as prescribed in Chapters III and VI of this Law shall apply crimes that occurred before 0:00 on January 1, 2026 but were discovered after that time, are being investigated, prosecuted, adjudicated or to those who are being considered for a reduction in the term of the sentence, postponement of execution of the imprisonment, or expungement of convictions.
4. For criminal acts for which a court judgment or decision has come into effect before January 1, 2026, regulations of this Law shall not be use as legal basis if they have different contents from the regulations of the law that were applied when the judgment was pronounced to lodge protests through the cassation procedure, except in cases of violations of the provisions in Clause 2 of this Article; in cases where the appeal is based on other grounds or has been appealed before January 1, 2026, the cassation review must comply with the provisions in Clauses 2 and 3 of this Article.
5. In case the offender has been sentenced to imprisonment before the date this Law is promulgated in accordance with previous documents and the judgment has come into legal effect, if the offender is from 14 to under 16 years of age who subject to imprisonment of more than 09 years and does not fall under the cases specified in Clause 4 of Article 119, Article 121 and Article 122 of this Law or the offender is from 16 to under 18 years of age and who subject to imprisonment of more than 15 years and does not fall under the cases specified in Clause 2 of Article 119, Article 121 and Article 122 of this Law, from the date this Law is promulgated, the case shall be resolved as follows:
a) In case they have served a term equal to or exceeding the maximum imprisonment prescribed in Clause 1 and Clause 3 of Article 119 of this Law, the prison shall review and submit an application to the Chief Justice of the Provincial People's Court or the Chief Justice of the Military Court of the military zone where they are serving their sentence on exemption from serving the remaining imprisonment;
b) In case they have served a part of their sentence but not yet reached the maximum term of imprisonment prescribed in Clause 1 and Clause 3 of Article 119 of this Law, the prison shall review and submit an application to the Chief Justice of the Provincial People's Court or the Chief Justice of the Military Court of the military zone where they are serving their sentence to decide to reduce the duration of the sentence to 09 years for offenders from 14 to under 16 years of age or 15 years for offenders from 16 to under 18 years of age;
c) In case they are being granted a postponement of imprisonment, the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the military zone shall review and submit an application to the Chief Judge of the Court that issued the decision on sentence enforcement to reduce the term of the sentence to 09 years for offenders from 14 to under 16 years of age or 15 years for offenders from 16 to under 18 years of age.
6. In case a juvenile is sentenced to imprisonment but given a suspended sentence before the date of issuance of this Law in accordance with previous documents and the judgment has come into effect, if their probation period is more than 03 years from the date this Law is promulgated, the case shall be resolved as follows:
a) In case they have served a probation period equal to or exceeding 03 years, the criminal judgment enforcement agency of the district-level police shall submit an application to the Chief Judge of the district-level People's Court, the Chief Judge of the Military Court of the area where they reside to decide to shorten the remaining probation period;
b) In case they have served a part of the probation period but less than 03 years, the criminal judgment enforcement agency of the district-level Police shall submit an application to the Chief Judge of the district-level People's Court, the Chief Judge of the Military Court of the area where they reside to decide to shorten the probation period to 03 years.
7. When implementing the regulations of Clauses 5 and 6 of this Article, the Court must explain to the person who is exempted from serving the remaining term of imprisonment, has their sentence reduced, or has the probationary period of the suspended sentence shortened that the exemption, reduction, or shortening is due to the new humane criminal policy of our State, and not a wrongful conviction caused by the presiding agency; therefore, they do not have the right to request for damages according to the provisions of the Law on State Compensation Liability.
This Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 8th session on November 30, 2024.
Tìm kiếm
Luật Tư pháp người chưa thành niên 2024 (Bản Word)
Luật Tư pháp người chưa thành niên 2024 (Bản Pdf)
