Joint Circular No. 09/2013/TTLT-BCA-BQP-BTP-VKSNDTC-TANDTC guiding the application of provisions in Chapter XIX of the Criminal Code regarding offenses against traffic order and safety.

JOINT CIRCULAR

Guidelines on the application of provisions in Chapter XIX

of the Criminal Code concerning offenses against traffic order and safety

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Pursuant to the Law on Legislative Documents of 2008;

Pursuant to the Penal Code of 1999 (amended in 2009);

To apply correctly and uniformly certain provisions in Chapter XIX of the 1999 Criminal Code (amended and supplemented in 2009) concerning offenses against traffic order and safety, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, the Procurator General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue these joint Circulars guiding the application of certain provisions in Chapter XIX of the Criminal Code concerning offenses against traffic order and safety.

PART I

GENERAL PROVISIONS

Article 1. Interpretation of terms

In this Circular, the following terms shall be understood as follows:

1. Means of transport including: road traffic vehicles, railway traffic vehicles, inland waterway traffic vehicles, air traffic vehicles.

2. Road traffic vehicles including: motorized road traffic vehicles, non-motorized road traffic vehicles, and special-purpose motorcycles participating in road traffic.

3. include rail cars, bogies, cranes, ballast tampers, track inspection machines, and other means that can move on rails. including: trains, locomotives, carriages, power cars, and other specialized vehicles moving on railways.

4. Inland waterway traffic vehicles including: ships, boats, and other floating structures with or without engines participating in inland waterway traffic.

Inland waterways include inland waterways and water routes that have not been organized and managed but are used for transportation activities.

5. Air traffic vehicles including: airplanes, helicopters, gliders, hot-air balloons, and other flying devices.

6. Directing persons without a permit or license or lacking other conditions prescribed by law to command or control traffic vehicles means the act of a person with authority issuing orders or decisions (verbally, in writing...) requiring someone known to be without a permit, license, or other conditions prescribed by law to command or control traffic vehicles.

7. Entrusting persons without a permit or license or lacking other conditions prescribed by law to command or control traffic vehicles means the act of a person managing traffic vehicles knowing that another person does not have a permit, license, or other conditions prescribed by law but still entrusting that person to command or control traffic vehicles.

8. Without a permit or license (or driver's license) or professional certificate as stipulated at point a clause 2 of Articles 202, 208, 212; clause 1 of Articles 205, 211, 215, 219 of the Criminal Code shall be one of the following cases:

a) Commanding or controlling traffic vehicles without a permit, license, or professional certificate issued by an authorized agency for the type of vehicle being commanded or controlled, when according to the law, commanding or controlling such a type of vehicle requires a corresponding permit, license, or professional certificate;

b) Commanding or controlling traffic vehicles during the period when the right to use a permit, license, or professional certificate issued by an authorized agency for the type of vehicle being commanded or controlled has been revoked, when according to the law, commanding or controlling such a type of vehicle requires a corresponding permit, license, or professional certificate;

c) Commanding or controlling traffic vehicles during the period when an authorized agency has prohibited commanding or controlling such a vehicle.

* Note when applying circumstances without a permit or license (or driver's license) or professional certificate:

- The validity period of a permit, license, or professional certificate issued by an authorized agency runs from the date of issuance until the expiration date indicated on the permit, license, or professional certificate (or according to the law's provisions on the validity period of such permits, licenses, or certificates).

- In cases where a person commanding or controlling traffic vehicles has had their permit, license, or professional certificate temporarily seized by an authorized agency but needs to continue commanding or controlling the vehicle to complete the remaining journey, such commanding or controlling during that journey shall not be considered as commanding or controlling without a permit, license, or professional certificate as prescribed.

Article 2. Certain circumstances are elements for determining guilt or sentencing range

1. Causing damage to life or causing serious harm to health, property of others or resulting in severe consequences as specified in Clause 1 of Articles 202 to 205, Articles 208 to 215, Article 217, Article 220; Clause 2 of Articles 206, 207, 216, 218, 219, 222, 223 of the Criminal Code shall be one of the following cases:

a) Causing death of one person;

b) Causing harm to the health of one to two persons with each person's disability rate of 31% or more;

c) Causing harm to the health of two or more persons with each person's disability rate under 31%, but the total disability rate of all these persons from 41% to 100%;

d) Causing harm to the health of one person with a disability rate from 21% to 30% and also causing property damage valued from fifty million dong to less than seventy million dong;

đ) Causing harm to the health of two or more persons with each person's disability rate under 21%, but the total disability rate of all these persons from 30% to 40% and also causing property damage valued from fifty million dong to less than seventy million dong;

e) Causing property damage valued from seventy million dong to less than five hundred million dong.

2. Causing very serious consequences as specified in Clause 2 of Articles 202 to 205, Articles 208 to 215, Article 217, Article 220; Clause 3 of Articles 206, 207, 216, 218, 219, 222, 223 of the Criminal Code shall be one of the following cases:

a) Causing death of two persons;

b) Causing death of one person and also causing consequences as specified in points b, c, d, đ, and e of Clause 1 of this Article;

c) Causing harm to the health of three to four persons with each person's disability rate of 31% or more;

d) Causing harm to the health of two or more persons with the total disability rate of all these persons being from over 100% to 200%;

đ) Causing harm to the health of one or two persons with each person's disability rate of 31% or more and also causing consequences as specified in points c, d, đ, and e of Clause 1 of this Article;

e) Causing property damage valued from five hundred million dong to less than one billion five hundred million dong.

3. Causing particularly serious consequences as specified in Clause 2 of Article 204; Clause 3 of Articles 202, 203, 205, Articles 208 to 215, Article 217, Article 220, Article 222, Article 223; Clause 4 of Articles 206, 207, 216, 218, 219 of the Criminal Code shall be one of the following cases:

a) Causing death of three or more persons;

b) Causing death of two persons and also causing consequences as specified in points b, c, d, đ, and e of Clause 1 of this Article;

c) Causing death of one person and also causing consequences as specified in points c, d, đ, and e of Clause 2 of this Article;

d) Causing harm to the health of five or more persons with each person's disability rate of 31% or more;

đ) Causing harm to the health of two or more persons with the total disability rate of these persons over 200%;

e) Causing harm to the health of three or four persons with each person's disability rate of 31% or more and also causing property damage valued from five hundred million dong to less than one billion five hundred million dong;

g) Causing property damage valued at one billion five hundred million dong or more.

Chapter II

SPECIFIC PROVISIONS

Article 3. On the offense of violating regulations on controlling road traffic vehicles (Article 202 of the Criminal Code)

1. The act of violating road traffic safety regulations by the person controlling road traffic vehicles as stipulated in Clause 1, Article 202 of the Criminal Code shall be understood as the act of not implementing or improperly implementing traffic rules on roads and this act must be the direct cause leading to consequences concerning life, health, and property.

In cases where road traffic vehicles move or operate but do not participate in road traffic (such as moving or operating within schools, construction sites, or operational areas) and accidents occur, the person controlling the road traffic vehicle will not be prosecuted for the offense of violating regulations on controlling road traffic vehicles as stipulated in Article 202 of the Criminal Code, but will be prosecuted for another corresponding offense if it meets the characteristics of that offense, such as unintentional killing as stipulated in Article 98 of the Criminal Code, unintentional killing due to violation of occupational rules or administrative regulations as stipulated in Article 99 of the Criminal Code, or violation of labor safety regulations or safety regulations in crowded places as stipulated in Article 227 of the Criminal Code.

2. In situations where alcohol or beer is consumed and the blood alcohol concentration exceeds the prescribed limit or other strong stimulants prohibited by law are used as stipulated in Point b, Clause 2, Article 202 of the Criminal Code shall be understood as one of the following cases:

a) A person controlling a vehicle participating in road traffic whose body contains narcotics or who is in a state of intoxication from using substances that exhibit signs of intoxication like those caused by narcotics, alcohol, or beer;

b) A person controlling a car, tractor, or specialized motorcycle on the road whose blood or breath contains alcohol;

c) A person controlling a motorbike or motorcycle whose blood contains an alcohol concentration exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breath.

Article 4. On the offense of obstructing road traffic (Article 203 of the Criminal Code)

1. Road traffic safety devices as stipulated in Point c, Clause 1, Article 203 of the Criminal Code include traffic lights, road markings, barriers, fences, protective walls, traffic islands, median strips, convex mirrors, and other auxiliary devices aimed at ensuring road traffic safety.

2. Occupying or using sidewalks or roadways without permission as stipulated in Point d, Clause 1, Article 203 of the Criminal Code is the act of illegally using the roadway, sidewalk, or street curb.

3. Occupying the road protection zone as stipulated in Point e, Clause 1, Article 203 of the Criminal Code is the act of illegally using land within the road safety zone.

4. Violating regulations on ensuring road traffic safety during construction on roads as stipulated in Point g, Clause 1, Article 203 of the Criminal Code is the act of failing to set up warning signs or barriers or setting them up incorrectly during road construction; failing to immediately remove warning signs, barriers, construction equipment, or other materials, or failing to restore the road to its original condition upon completion of construction.

5. Other acts obstructing road traffic as stipulated in Point h, Clause 1, Article 203 of the Criminal Code includes laying sharp objects across the road, spreading slippery substances on the road; unauthorized removal of manhole covers, illegal dismantling or moving of road infrastructure, causing damage to the road drainage system; stringing wires across the road, and similar acts.

Article 5. On the offense of assigning or entrusting to persons who do not meet the conditions for controlling road traffic vehicles (Article 205 of the Criminal Code)

1. Persons who do not meet other conditions as prescribed by law as stipulated in Clause 1 of Article 205 of the Criminal Code are those who are unfamiliar with regulations on road traffic order and safety; those who do not have the health, age requirements to control vehicles; those who cannot independently control speed due to their health condition; those who are intoxicated from using drugs, alcohol, beer, or substances that cause similar intoxication effects.

2. When applying this provision, attention should be paid to:

In cases where the person assigned is aware that they do not meet the conditions for controlling road traffic vehicles but still carries out the assignment, they shall bear criminal responsibility for the offense of violating regulations on controlling road traffic vehicles under Article 202 of the Criminal Code if they satisfy the other elements of the criminal offense. If the person assigned has raised objections or refused to perform the assigned task but is still required to comply with the assignment, they shall not bear criminal responsibility for the offense prescribed in Article 202 of the Criminal Code.

Article 6. On the offense of organizing illegal motor vehicle races (Article 206 of the Criminal Code)

1. A person who illegally organizes automobile, motorcycle, or other motorized vehicle races as stipulated in Clause 1 of Article 206 of the Criminal Code is the mastermind, leader, or commander of the illegal race. The organizer may participate in or abstain from participating in the illegal race.

2. Large-scale race organization as stipulated in point a of Clause 2 of Article 206 of the Criminal Code is organizing an illegal race involving ten or more vehicles, or simultaneously organizing two or more illegal races.

3. Organizing betting as stipulated in point b of Clause 2 of Article 206 of the Criminal Code is organizing gambling based on the results of an illegal race, with participants wagering money, goods, or other benefits.

4. Organizing resistance against persons responsible for ensuring traffic order and safety or persons responsible for dispersing illegal races as stipulated in point c of Clause 2 of Article 206 of the Criminal Code is the act of the mastermind, leader, commander, planner, inciter, or recruiter of others to resist persons responsible for ensuring traffic order and safety or persons responsible for dispersing illegal races.

5. Organizing races in densely populated areas as stipulated in point d of Clause 2 of Article 206 of the Criminal Code is organizing illegal races on roads with high traffic density, in areas with many residents, in city centers, towns, or places where events are taking place (such as festivals, rallies, conferences, sports competitions...).

6. Removing safety devices from racing vehicles as stipulated in point đ of Clause 2 of Article 206 of the Criminal Code is removing brakes, headlights, or other safety devices from vehicles used in illegal races.

7. When applying this provision, it should be noted that damage to the lives, health, or property of others means that the illegal race organized by the offender has resulted in damage to the lives, health, or property of any individual, including participants in the illegal race.

Article 7. On the offense of illegal racing (Article 207 of the Criminal Code)

1. Causing damage to the health or property of others as stipulated in Clause 1, Article 207 of the Criminal Code includes one of the following cases:

a) Causing harm to the health of one person with a disability rate from 11% to less than 31%;

b) Causing harm to the health of two or more persons with each person's disability rate below 11%, but the total disability rate of all these persons from 21% to less than 41%;

c) Causing property damage valued from five million dong to less than seventy million dong.

2. Participating in gambling as stipulated in point c, Clause 2, Article 207 of the Criminal Code means betting on the outcome of illegal racing using money, goods, or other benefits.

3. Racing in densely populated areas as stipulated in point e, Clause 2, Article 207 of the Criminal Code refers to illegal racing in places with high traffic density, in areas with many residents, in city centers, towns, townships, or at locations where events are taking place (such as festivals, rallies, conferences, sports competitions...).

4. Removing safety devices from racing vehicles as stipulated in point e, Clause 2, Article 207 of the Criminal Code refers to dismantling the brakes, headlights, or other safety devices of vehicles used for illegal racing.

5. When applying this provision, attention should be paid to:

a) Damage to life, health, or property of others is understood as the illegal racer causing damage to the life, health, or property of any person, including those participating in the illegal race with them;

b) A person committing the offense of illegal racing causing damage to life or causing serious damage to the health or property of others shall only bear criminal responsibility under point a, Clause 2, Article 207 of the Criminal Code without bearing additional criminal responsibility for the offense of "violating regulations on controlling road traffic vehicles" stipulated in Article 202 of the Criminal Code. In case the illegal racer causes damage to the life, health, or property of others with intentional fault, they will also be held criminally responsible under corresponding provisions (Articles 93, 104, 143) of the Criminal Code in addition to being held criminally responsible under Article 207 of the Criminal Code;

c) For a person who, after sitting on the vehicle, does not know that the driver will engage in racing, but during the journey, the driver engages in racing and the person sitting behind is forced to stay on the vehicle without engaging in cheering, shouting, or other actions supporting the racing, they shall not be considered as participants in illegal racing.

Article 8. On the offense of violating regulations on controlling railway traffic vehicles (Article 208 of the Criminal Code)

1. Railway traffic vehicle commander as stipulated in Clause 1, Article 208 of the Criminal Code includes:

a) Train conductor;

b) Train dispatching staff;

c) Station duty staff;

d) Shift leader;

đ) Signalman;

e) Locomotive coupling staff;

g) Track, bridge, tunnel patrol staff;

h) Level crossing guard, shared bridge guard.

2. Railway traffic vehicle controller as stipulated in Clause 1, Article 208 of the Criminal Code is the person directly controlling railway traffic vehicles.

3. Violating railway traffic safety regulations as stipulated in Clause 1, Article 208 of the Criminal Code is the act of failing to comply with or improperly complying with legal regulations on railway traffic safety, and such act must be the direct cause of consequences involving life, health, and property.

4. In a state of excessive alcohol concentration as stipulated in point b, Clause 2, Article 208 of the Criminal Code refers to the situation where the railway traffic vehicle commander or controller has a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood or 40 milligrams per liter of exhaled breath.

5. Intoxicated due to strong stimulants as stipulated in point b, Clause 2, Article 208 of the Criminal Code refers to the situation where the railway traffic vehicle commander or controller is intoxicated due to the use of drugs or other substances that produce intoxication similar to that caused by drugs, alcohol, or beer.

Article 9. On the offense of assigning or entrusting a person who does not meet the conditions to command railway traffic vehicles (Article 211 of the Criminal Code)

1. Persons who do not meet other conditions as prescribed by law Clause 1 of Article 211 of the Criminal Code refers to a person who does not have sufficient health (due to illness or overwork) to command or control railway traffic vehicles; a person who is in a state of intoxication due to the use of drugs, alcohol, or beer, or other substances that exhibit signs of intoxication similar to those caused by drugs, alcohol, or beer.

2. When applying this provision, attention should be paid to:

In cases where the assigned person knows they do not meet the conditions to command or control railway traffic vehicles but still carries out the assignment, they shall bear criminal responsibility for the offense of violating regulations on commanding traffic vehicles under Article 208 of the Criminal Code if they satisfy the other elements of this crime. If the assigned person has raised objections and refused to carry out the assigned task but is still required to comply with the assignment, they shall not be held criminally responsible for the offense prescribed in Article 208 of the Criminal Code.

Article 10. On the offense of violating regulations on commanding waterway traffic vehicles (Article 212 of the Criminal Code)

1. The person commanding waterway traffic vehicles Clause 1 of Article 212 of the Criminal Code refers to individuals directly related (such as captain, chief mate, pilot, driver) to ensuring the safety of waterway traffic vehicles.

2. Violating regulations on waterway traffic safety Clause 1 of Article 212 of the Criminal Code refers to actions that fail to implement or improperly implement regulations on waterway traffic safety (violations of waterway traffic rules; violations of vehicle signal regulations; violations of vehicle operations within port and inland waterway terminal areas; violations of passenger transport regulations; violations of cargo loading and unloading regulations on vehicles; violations of exceeding safe draft marks on vehicles; violations of dangerous goods transportation regulations; violations of pilot regulations) and such actions must be the direct cause of consequences involving life, health, and property.

3. In a state of excessive alcohol consumption Point b, Clause 2 of Article 212 of the Criminal Code refers to the situation where a person commands waterway traffic vehicles with a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood or 40 milligrams per liter of exhaled breath.

4. Intoxicated due to strong stimulants Point b, Clause 2 of Article 212 of the Criminal Code refers to the situation where a person commanding waterway traffic vehicles is in a state of intoxication due to the use of drugs or other substances that exhibit signs of intoxication similar to those caused by drugs, alcohol, or beer.

Article 11. On the offense of assigning or entrusting a person who does not meet the conditions to command waterway traffic vehicles (Article 215 of the Criminal Code)

1. Persons who do not meet other conditions as prescribed by law Clause 1 of Article 215 of the Criminal Code refers to a person who does not understand the regulations on waterway traffic order and safety; a person who does not have sufficient health or age to command vehicles; a person who is in a state of intoxication due to the use of drugs, alcohol, or beer, or other substances that exhibit signs of intoxication similar to those caused by drugs, alcohol, or beer.

2. When applying this provision, attention should be paid to:

In cases where the assigned person knows they do not meet the conditions to command waterway traffic vehicles but still carries out the assignment, they shall bear criminal responsibility for the offense of violating regulations on commanding waterway traffic vehicles under Article 212 of the Criminal Code if they satisfy the other elements of this crime. If the assigned person has raised objections and refused to carry out the assigned task but is still required to comply with the assignment, they shall not be held criminally responsible for the offense prescribed in Article 212 of the Criminal Code.

Article 12. On the offense of violating regulations on aircraft operation (Article 216 of the Criminal Code)

1. The person operating the aircraft as stipulated in Clause 1 of Article 216 of the Criminal Code is a member of the flight crew, including: the main pilot, the co-pilot, and other aviation personnel suitable for the type of aircraft.

2. The person commanding the aircraft as stipulated in Clause 1 of Article 216 of the Criminal Code is a member of the flight crew designated by the aircraft operator for a particular flight; for non-commercial general aviation activities, it is designated by the aircraft owner.

3. Acts of violating regulations on air traffic safety as stipulated in Clause 1 of Article 216 of the Criminal Code include acts of operating the aircraft in violation of flight rules and procedures; entering, exiting, or flying within airspace over Vietnam's territory without permission from the competent authority of Vietnam; entering restricted or prohibited areas without permission; landing at unauthorized locations; misusing or interfering with communication frequencies; flying over densely populated areas in violation of regulations; illegally releasing fuel, luggage, cargo, or other objects from the aircraft; flying off course or at unauthorized altitudes; using electronic devices or radio transmitters on board the aircraft without permission; performing tasks not in accordance with prescribed procedures, thereby threatening civil aviation security and safety.

Article 13. On the offense of obstructing air traffic (Article 217 of the Criminal Code)

Other acts obstructing air traffic as stipulated in Point e of Clause 1 of Article 217 of the Criminal Code include acts such as failing to place, paint, or attach required markings at airports, on aircraft, as prescribed; transporting goods that are excessively high, radioactive, corrosive, or rust-inducing materials without permission or without implementing necessary safety measures; raising livestock or poultry in airport areas or flying kites or other objects within and outside airport areas affecting flight operations; using communication stations or other equipment causing interference and affecting the normal operation of aviation radio stations.

Article 14. On the offense of assigning or entrusting aircraft operation to persons who do not meet the conditions (Article 219 of the Criminal Code)

Not meeting other conditions prescribed by law to operate air traffic means as stipulated in Clause 1 of Article 219 of the Criminal Code includes not meeting health and professional qualifications requirements, such as pilots not meeting health standards (due to illness, overwork), users of auxiliary air traffic equipment not meeting professional qualifications and capabilities; individuals under the influence of drugs or substances exhibiting drug-like effects after use, such as alcohol or beer.

Article 15. On the offense of violating regulations on maintenance, repair, and management of transportation infrastructure (Article 220 of the Criminal Code)

Acts of violating regulations on maintenance, repair, and management of road, railway, waterway, and air transportation infrastructure as stipulated in Clause 1 of Article 220 of the Criminal Code include one of the following acts:

1. Failing to implement or improperly implementing regulations on maintenance, upkeep, and management, resulting in transportation infrastructure not meeting technical safety standards and specifications (such as: inadequate signage, warning signs, directional signs, signals... related to ensuring traffic safety).

2. Failing to promptly address damaged transportation infrastructure posing a threat to traffic safety.

3. Failing to implement or improperly implementing traffic guidance and control measures, such as placing warning signs, barriers, etc., to prevent accidents when transportation infrastructure has been damaged and is undergoing maintenance or repair.

4. Failing to regularly inspect and implement measures to ensure traffic safety on dangerous mountainous roads, sections prone to rockslides, landslides, flooding, or other sections at risk of not meeting safety standards.

5. Failing to promptly address and take preventive measures against accidents upon discovering or being informed that transportation infrastructure under their jurisdiction has been damaged.

6. Other violations regarding maintenance, upkeep, and management of transportation infrastructure, such as failing to properly set up or remove protective signals according to construction and repair regulations; failing to clear away protective signs, barriers, equipment, and materials after completion of work, and similar acts.

Article 16. On the crime of appropriating aircraft or ships (Article 221 of the Criminal Code)

1. Other methods prescribed in Clause 1 of Article 221 of the Criminal Code such as secretly, deceitfully, taking advantage of trust, coercion, exerting pressure, intimidating mentally, drugging with the aim of appropriating aircraft or ships.

2. Weapons or dangerous means prescribed in Point b Clause 2 of Article 221 of the Criminal Code is one of the types of weapons prescribed in Clause 1 of Article 3 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools 2011 (amended and supplemented in 2013); dangerous tools and equipment such as hammer nails, grinding knives, sharp and pointed knives manufactured for serving human life (in production, in daily life); objects that the offender manufactures (such as sharpened iron bars, wooden clubs) or natural objects (such as bricks, stones, hard and solid sticks, iron bars) which, when used to attack others, will pose danger to their lives or health.

3. Causing injury or harm to the health of others prescribed in Point c Clause 2 of Article 221 of the Criminal Code is understood to cause damage in one of the following cases:

a) Causing injury or harm to the health of one person with a disability rate from 11% to less than 31%;

b) Causing injury or harm to the health of two or more people with each person's disability rate under 11%, but the total disability rate of all these people from 21% to less than 41%.

4. Causing particularly serious consequences prescribed in Clause 3 of Article 221 of the Criminal Code is understood to cause consequences in one of the following cases:

a) Causing injury or harm to the health of others with a disability rate of 31% or higher;

b) Causing injury or harm to the health of two or more others with each person's disability rate under 31%, but the total disability rate of all these people 41% or higher;

c) Causing injury or harm to the health of others in one of the cases guided at Point a, b Clause 3 of this Article and also causing property damage to others with a value from five hundred million dong to less than one billion five hundred million dong;

d) Causing property damage to others with a value of one billion five hundred million dong or higher.

Article 17. On the crime of controlling aircraft in violation of Vietnam's aviation regulations (Article 222 of the Criminal Code)

When applying this provision, it should be noted: The elements of the offense of controlling aircraft in violation of Vietnam's aviation regulations prescribed in Article 222 of the Criminal Code are basically similar to the elements of the offense of violating regulations on controlling aircraft prescribed in Article 216 of the Criminal Code. However, it should be noted that the object of the offense prescribed in Article 222 of the Criminal Code, in addition to infringing upon regulations on air traffic safety, also threatens to infringe upon national security.

Article 18. On the crime of controlling maritime vessels in violation of Vietnam's maritime regulations (Article 223 of the Criminal Code)

Violation of Vietnam's maritime regulations prescribed in Clause 1 of Article 223 of the Criminal Code is understood to be one of the following acts:

1. Exceeding the permitted speed in port waters, operating outside the designated areas as prescribed;

2. Not performing or not fully performing procedures for entering and leaving ports, pilotage systems, anchoring, berthing, mooring, orderliness - cleanliness, fire prevention, environmental pollution prevention caused by maritime vessels;

3. Not performing or not performing correctly the regulations on passing, avoiding, overtaking, yielding right of way during maritime traffic operations;

4. Maritime traffic vessels lacking or failing to ensure sound, bell, whistle according to prescribed volume; failing to ensure navigation lights, signal lights according to standard specifications; not performing or not performing correctly about emitting sound signals, light signals;

5. Other violations of Vietnamese maritime traffic safety.

Chapter III

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from November 6, 2013.

Article 20. Transitional Provisions

1. The guidelines in this Joint Circular if they reduce criminal liability compared to before shall be applied during investigation, prosecution, first-instance trial, second-instance trial, supervisory trial, or retrial for persons who commit crimes before this Joint Circular takes effect.

2. For cases where the offender has been sentenced correctly according to previous documents and the judgment has become legally binding, the guidelines of this Joint Circular shall not be applied to file supervisory or retrial protest. If, according to this Joint Circular, they are not criminally liable, the procedure for exemption from punishment shall be followed.

3. For cases that are being investigated, prosecuted, or tried at first instance, second instance, supervisory instance, or retrial and are applying the guidelines of this Joint Circular to declare exemption from criminal responsibility for the accused, the investigating agency, the prosecution office, and the court need to clearly explain to them that this exemption from criminal responsibility is not a basis for compensation for damages caused by the competent authority of the criminal proceedings agency.

Article 21. Responsibility for Implementation

Relevant agencies and units of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court are responsible for implementing and organizing the implementation of the guidelines in this Joint Circular.

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