JOINT CIRCULAR No. 06/2012/TTLT/BCA-BQP-BTP-NHNNVN-VKSNTC-TANDTC GUIDING THE APPLICATION OF CERTAIN PROVISIONS OF THE CRIMINAL CODE ON TERRORISM AND FINANCING OF TERRORISM

JOINT CIRCULAR

||| Guidelines for the Application of Certain Provisions of the Criminal Code

on terrorism offenses and terrorist financing offenses

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||| To apply correctly and uniformly certain provisions of the Criminal Code of 1999, amended and supplemented in 2009 (hereinafter referred to as the Criminal Code) on the crime of terrorism (Article 230a) and the crime of financing terrorism (Article 230b), the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the State Bank of Vietnam, the Supreme People's Procuracy, and the Supreme People's Court have jointly issued the following guidelines:

||| Article 1. On the Crime of Terrorism (Article 230a)

||| 1. In terms of subjective elements, the crime of terrorism is committed with intentional fault; the purpose of the person committing the criminal act is to cause a state of panic in the public.

||| 2. The state of panic in the public is a psychological condition of concern among citizens about their safety of life, health, property, and other legitimate rights and interests.

||| To cause a state of panic in the public, terrorist acts prescribed in Article 230a may be carried out in public places, areas where large crowds gather such as squares, intersections, bus stations, railway stations, transportation terminals, on transportation means, at the offices of organizations, at entertainment venues, tourist sites, schools, hospitals, residential areas, and other buildings and infrastructure that people can visit for various purposes. For example, an explosion at a train station causing citizens to worry about their safety of life, health, and property when using public transportation. Acts carried out in isolated locations, not public places, such as in a family home or office premises but aimed at causing a state of panic in the public shall also be prosecuted for the crime of terrorism under Article 230a if they meet the other signs of this criminal offense.

||| 3. The act of destroying property prescribed in Clause 1 of Article 230a is making the property completely lose its utility value and cannot be restored. The act of seizing property prescribed in Clause 2 of Article 230a is unlawfully taking possession of property belonging to another individual or organization; the act of damaging property prescribed in Clause 2 of Article 230a is intentionally damaging or reducing the utility value of the property but it can be restored. This act can be carried out in many different forms such as burning, smashing, breaking, using explosives, using chemicals... Threatening to destroy the property of agencies, organizations, or individuals is an act conveyed through speech, messages, images, or other actions that make the agencies, organizations, or individuals aware and fear that their property may be destroyed.

||| 4. The other acts of mental intimidation prescribed in Clause 3 of Article 230a are threatening to infringe upon the lives, health, personal freedom, property, honor, and dignity of the person being intimidated, or threatening to infringe upon the lives, health, personal freedom, property, honor, and dignity of the relatives of the person being intimidated, or other acts aimed at making the person being intimidated fearful, hindering their normal ability to perceive and control their behavior.

||| 5. In cases where the person commits an act of infringing upon the lives of officials, civil servants, citizens, or foreigners, if causing a state of panic in the public, but with the purpose of opposing the people's administration, they will be prosecuted for the crime of terrorism against the people's administration under Article 84 of the Criminal Code if they meet the other signs of this criminal offense; if infringing upon the lives of officials, civil servants, citizens, or foreigners, causing a state of panic in the public, but with the purpose of opposing the people's administration and the act is carried out in forested mountainous areas, coastal areas, or other dangerous regions, they will be prosecuted for the crime of banditry under Article 83 of the Criminal Code if they meet the signs of this criminal offense; if infringing upon the lives of officials, civil servants, citizens, or foreigners, causing a state of panic in the public, but with the purpose of opposing the people's administration through armed activities or organized violence, they will be prosecuted for the crime of rioting under Article 82 of the Criminal Code if they meet the signs of this criminal offense.

||| 6. In cases where the person commits one of the acts of infringing upon the lives, threatening to infringe upon the lives, intimidating mentally; infringing upon the personal freedom, health of others, but not aiming to cause panic in the public, not aiming to oppose the people's administration, depending on specific circumstances, the person committing the violation will be prosecuted for the corresponding criminal offenses such as murder under Article 93 of the Criminal Code, threatening to kill under Article 103 of the Criminal Code, intentionally causing injury or harm to the health of others under Article 104 of the Criminal Code, unlawful detention or imprisonment under Article 123 of the Criminal Code... if they meet the signs of the corresponding criminal offense.

7. In the case where a person carries out acts of sabotage with the aim of causing panic among the public but with the purpose of opposing the people's administration, they shall be prosecuted for the crime of espionage under Article 80 of the Criminal Code if they satisfy the other signs of the criminal offense. In the case where a person carries out acts of destroying property with the aim of causing panic among the public but with the purpose of opposing the people's administration and the destroyed property is material-technical infrastructure of the Socialist Republic of Vietnam in political, security, defense, economic, scientific-technological, cultural, and social fields, they shall be prosecuted for the crime of destroying material-technical infrastructure of the Socialist Republic of Vietnam under Article 85 of the Criminal Code if they satisfy the other signs of the criminal offense; if the property is destroyed with the aim of causing panic among the public without the purpose of opposing the people's administration, but the property is a construction project or means of transportation, communication, power facilities, fuel facilities, water conservancy projects, or other important facilities concerning security, defense, economy, scientific-technological, cultural, and social fields, or the property is military weapons or military technical equipment, they shall still be prosecuted for the crime of terrorism under Article 230a of the Criminal Code if they satisfy the other signs of the criminal offense.

8. In the case where acts of seizing aircrafts or ships are carried out with the aim of causing panic among the public, they shall be prosecuted for the crime of terrorism under Article 230a of the Criminal Code if they satisfy the other signs of the criminal offense. If aircrafts or ships are seized without the aim of causing panic among the public, they shall be prosecuted for the crime of seizing aircrafts or ships under Article 221 of the Criminal Code if they satisfy the other signs of the criminal offense. In the case where a person carries out acts of holding onto property or damaging property without the aim of causing panic among the public, they shall be prosecuted for the crime of illegally holding onto property under Article 141 of the Criminal Code or the crime of destroying or intentionally damaging property under Article 143 of the Criminal Code if they satisfy the other signs of the criminal offense.

9. In the case where false information about terrorism is fabricated and deliberately spread to cause panic among the public (for example, fabricating and deliberately spreading false information about explosives, bombs on airplanes, trains, dangerous diseases...), they shall not be prosecuted for the crime of terrorism under Article 230a of the Criminal Code, but will be dealt with according to other provisions of the law depending on specific circumstances.

Article 2. On the crime of financing terrorism (Article 230b)

1. Subjectively, the act of financing terrorism is committed with intentional fault; the motive and purpose of the act of financing terrorism are not required signs of the criminal offense.

2. The objective aspect of the crime of financing terrorism is manifested in the act of raising and supporting money and assets in any form for terrorist organizations or individuals. The act of raising and supporting money and assets is carried out in the forms of giving, lending, borrowing money and assets, material benefits, or any other form including mobilizing, calling for, and supporting the provision of money and assets to terrorist organizations or individuals.

3. Assets include: objects, money, negotiable instruments, and property rights, immovable and movable property, income, interest, principal objects, accessory objects, divisible objects, indivisible objects, consumable objects, non-consumable objects, similar objects, specific objects, integrated objects, and property rights.

4. Raising and supporting money and assets as stipulated in Clause 1 of Article 230b of the Criminal Code must not be aimed at assisting in the implementation of specific terrorist acts to constitute the crime of financing terrorism. In the case where money and assets are raised and supported for terrorist organizations or individuals to assist in preparing for or implementing one or several specific terrorist acts, they shall be prosecuted for the crime of terrorism against the people's administration under Article 84 or the crime of terrorism under Article 230a of the Criminal Code as an accomplice if they satisfy the other signs of the criminal offense. If unaware beforehand, raising and supporting money and assets to help a terrorist individual evade after committing a criminal act, they shall be prosecuted for the crime of concealing a criminal act under Article 313 of the Criminal Code if they satisfy the other signs of the criminal offense.

Article 3. Principles of Legal Application

The investigation, prosecution, and trial of crimes of terrorism and financing terrorism must comply with the provisions of the Criminal Code, the Criminal Procedure Code, the guidance of this Circular, and other related legal documents; in cases where international treaties to which Vietnam is a member or participant have different provisions, those treaties shall apply.

Article 4. Implementation provisions

1. This Circular takes effect from June 20, 2012.

2. During the implementation of this Circular, if there are difficulties, agencies and units shall report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the State Bank of Vietnam, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance.