Resolution No. 109/2015/QH13 on the Implementation of the Criminal Code

RESOLUTION

ON THE IMPLEMENTATION OF THE CRIMINAL CODE

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

RESOLUTION:

Article 1

1. As of July 1, 2016, the Criminal Code No. 100/2015/QH13 (hereinafter referred to as the Criminal Code of 2015) shall be implemented as follows:

a) All provisions of the Criminal Code of 2015 shall be applied to initiate proceedings, investigate, prosecute, adjudicate, and enforce sentences against persons who commit criminal acts from 00:00 on July 1, 2016;

b) Provisions of the Criminal Code of 2015 that abolish a crime, abolish a penalty, or a mitigating circumstance; prescribe lighter penalties, new mitigating circumstances; exempt criminal responsibility, exempt penalties, reduce penalties, expunge criminal records, and other provisions beneficial to offenders shall be applied to all criminal acts occurring before 00:00 on July 1, 2016, which were discovered thereafter, are under investigation, prosecution, adjudication, or for persons whose reduction of sentence execution period or expungement of criminal records are being considered;

c) New crimes prescribed in Articles 147, 154, 167, 187, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 230, 234, 238, 285, 291, 292, 293, 294, 297, 301, 302, 336, 348, 388, 391, 393, and 418 of the Criminal Code of 2015; provisions adding new criminal acts, prescribing new penalties, heavier penalties, new aggravating circumstances; limiting the scope of exemption from criminal responsibility, exemption from penalties, reduction of penalties, expungement of criminal records, and other provisions not beneficial to offenders shall not be applied to criminal acts occurring before 00:00 on July 1, 2016, which were discovered thereafter, are under investigation, prosecution, adjudication, enforcement, or for persons whose reduction of sentence execution period or expungement of criminal records are being considered; in such cases, corresponding provisions of criminal laws in effect before 00:00 on July 1, 2016 shall still be applied to resolve these matters;

d) The provisions set forth in points b and c of this clause shall also apply to new provisions defining crimes separated from combined offenses in the Criminal Code No. 15/1999/QH10, as amended and supplemented by Law No. 37/2009/QH12 (hereinafter referred to as the Criminal Code of 1999);

đ) The circumstances "causing serious consequences," "causing very serious consequences," "causing particularly serious consequences"; "large quantity," "very large quantity," "particularly large quantity"; "significant unlawful profit," "very significant unlawful profit," "particularly significant unlawful profit"; "land with large area," "land with very large area," "land with particularly large area"; "high value," "very high value," "particularly high value"; "large scale" that were applied to initiate charges before 00:00 on July 1, 2016 shall continue to apply the provisions of the Criminal Code of 1999 to initiate charges, investigate, prosecute, and adjudicate;

e) For the act of rebellion prescribed in Article 83, the act of registering marriage contrary to the law prescribed in Article 149, the act of illegal business operation prescribed in Article 159, and the act of intentionally violating state regulations on economic management causing serious consequences prescribed in Article 165 of the Criminal Code of 1999 occurring before 00:00 on July 1, 2016, if the case is still under investigation, prosecution, or adjudication after that time, the provisions of the Criminal Code of 1999 shall continue to be applied to handle the case; in cases where the case has been adjudicated and a judgment or decision of the Court has taken effect, it shall not be based on the fact that the Criminal Code of 2015 does not define the crime of rebellion, the crime of registering marriage contrary to the law, the crime of illegal business operation, or the crime of intentionally violating state regulations on economic management causing serious consequences to appeal or protest; in cases where a person sentenced for the crime of rebellion, the crime of registering marriage contrary to the law, the crime of illegal business operation, or the crime of intentionally violating state regulations on economic management causing serious consequences is serving a sentence or has completed the sentence, the corresponding provisions of criminal laws in effect before 00:00 on July 1, 2016 shall still be applied to resolve the matter; if the crime is discovered after 00:00 on July 1, 2016, then no charges shall be initiated, investigated, prosecuted, or adjudicated for the crime of rebellion prescribed in Article 83, the crime of registering marriage contrary to the law prescribed in Article 149, the crime of illegal business operation prescribed in Article 159, or the crime of intentionally violating state regulations on economic management causing serious consequences prescribed in Article 165 of the Criminal Code of 1999, but instead, the provisions of the Criminal Code of 2015 shall be applied to initiate charges, investigate, prosecute, and adjudicate according to the corresponding offenses;

g) For criminal acts that have judgments or decisions of the Court that have taken legal effect before 00:00 on July 1, 2016, they shall not be based on the provisions of the Criminal Code of 2015 that differ from the provisions applied when sentencing to appeal for supervisory review; in cases where the appeal is based on other grounds or was appealed before July 1, 2016, the supervisory review trial must comply with the provisions of points b and c of this clause;

i) The provisions regarding the criminal liability of commercial legal entities in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, and 246 of the Criminal Code of 2015 shall not be applied to violations committed by commercial legal entities before 00:00 on July 1, 2016.

2. As of the date the Criminal Code of 2015 is promulgated:

a) The death penalty shall not be applied when adjudicating offenders for whom the Criminal Code of 2015 abolished the death penalty, for those aged 75 years or older at the time of committing the offense or at the time of adjudication;

b) The death penalty already pronounced against persons referred to in point a of this clause but not yet enforced, shall not be enforced, and the President of the Supreme People's Court shall convert the death penalty into a life imprisonment sentence.

c) For persons who have been sentenced to death but the sentence has not yet been carried out and who meet the conditions stipulated in point c, Clause 3, Article 40 of the 2015 Criminal Code, the execution shall not proceed, and the Chief Justice of the Supreme People's Court shall convert the death penalty into a life imprisonment sentence;

d) Persons who commit acts that were defined as crimes under the 1999 Criminal Code but are not defined as crimes under the 2015 Criminal Code, including child marriage; false reporting in economic management; violation of regulations on granting industrial property rights protection; improper use of reserve funds for increasing charter capital of credit institutions; failure to comply with administrative decisions of competent state agencies regarding placement in educational facilities, medical facilities, or administrative supervision, shall not be criminally prosecuted. If the case has been initiated, is under investigation, prosecution, or trial, it must be discontinued; if the person has been convicted and is serving the sentence or temporarily suspended from serving the sentence, they shall be exempted from serving the remaining portion of the sentence; if the person has not yet served the sentence or the execution of the sentence is deferred, they shall be exempted from serving the entire sentence;

đ) Persons aged 14 years or older but under 16 years old who commit crimes not listed in Clause 2, Article 12 and points b, c, Clause 2, Article 14 of the 2015 Criminal Code shall not be criminally prosecuted; if the case has been initiated, is under investigation, prosecution, or trial, it must be discontinued; if the person has been convicted and is serving the sentence or temporarily suspended from serving the sentence, they shall be exempted from serving the remaining portion of the sentence; if the person has not yet served the sentence or the execution of the sentence is deferred, they shall be exempted from serving the entire sentence;

e) Those who have completed serving their sentences or have been exempted from serving the entire sentence or the remaining portion of the sentence according to the provisions of point d and đ of this clause shall be automatically relieved of criminal records;

Article 2

1. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall coordinate to organize reviews of related documents to promptly revoke, amend, supplement, or issue new documents, or propose to the National Assembly and the Standing Committee of the National Assembly to revoke, amend, supplement, or issue new documents in accordance with the provisions of the 2015 Criminal Code, ensuring the effectiveness of the 2015 Criminal Code from July 1, 2016;

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall be responsible for coordinating with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the 2015 Criminal Code among the people, cadres, civil servants, and officials, contributing to strengthening socialist rule of law and enhancing the role of the 2015 Criminal Code in combating crime and protecting the interests of the State, lawful rights and interests of individuals, agencies, and organizations;

3. The Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall be responsible for implementing this Resolution;

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam at the 13th session, 10th meeting on November 27, 2015.