Resolution No. 144/2016/QH13 on postponing the effective date of the Criminal Code No. 100/2015/QH13, the Criminal Procedure Code No. 101/2015/QH13, the Law on Organizing Investigative Organs in Criminal Cases No. 99/2015/QH13, and the Law on Temporary Detention and Arrest No. 94/2015/QH13, and supplementing the draft Law amending and supplementing the Criminal Code No. 100/2015/QH13 into the legislative program for 2016.

RESOLUTION

ON DELAYING THE EFFECTIVE DATE OF IMPLEMENTATION OF THE CRIMINAL CODE NUMBER 100/2015/QH13, THE CRIMINAL PROCEDURE CODE NUMBER 101/2015/QH13, THE LAW ON ORGANIZATION OF CRIMINAL INVESTIGATION BODIES NUMBER 99/2015/QH13, AND THE LAW ON TEMPORARY DETENTION AND ARREST NUMBER 94/2015/QH13

DECISION TO ADD A PROJECT TO AMEND AND SUPPLEMENT CERTAIN PROVISIONS OF THE CRIMINAL CODE NUMBER 100/2015/QH13 INTO THE LEGISLATIVE PROGRAM FOR 2016

NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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

Considering Proposal No. 1152/TTr-UBTVQH13 dated June 27, 2016, by the Standing Committee of the National Assembly;

RESOLVES:

Article 1

1. To add a project to amend and supplement certain provisions of Criminal Code No. 100/2015/QH13 into the legislative program for 2016, and submit it to the National Assembly at its second session in the XIVth tenure.

2. To delay the effective date of implementation of Criminal Code No. 100/2015/QH13, Criminal Procedure Code No. 101/2015/QH13; Law on Organization of Criminal Investigation Bodies No. 99/2015/QH13; and Law on Temporary Detention and Arrest No. 94/2015/QH13 from July 1, 2016 to the date when the amended provisions of Criminal Code No. 100/2015/QH13 take effect, except for the provisions at point a and point b of Clause 4 of this Article.

3. To continue applying Criminal Code No. 15/1999/QH10 (amended by Law No. 37/2009/QH12); Criminal Procedure Code No. 19/2003/QH11; Regulation on Organization of Criminal Investigation Bodies No. 23/2004/PL-UBTVQH11 (amended by Regulations Nos. 30/2006/PL-UBTVQH11 and 09/2009/PL-UBTVQH12); Decree No. 89/1998/NĐ-CP on the Rules for Temporary Detention and Arrest (amended by Decrees Nos. 98/2002/NĐ-CP and 09/2011/NĐ-CP of the Government) until the amended provisions of Criminal Code No. 100/2015/QH13 take effect.

4. As of July 1, 2016:

a) To implement the favorable provisions for offenders at Clause 3, Article 7 of Criminal Code No. 100/2015/QH13 and point b, Clause 1, Resolution No. 109/2015/QH13 on the implementation of the Criminal Code; to continue applying Clause 2, Article 1 and other favorable provisions for offenders at Resolution No. 109/2015/QH13;

b) To apply the provisions of Criminal Procedure Code No. 101/2015/QH13 to implement the favorable provisions for offenders in Criminal Code No. 100/2015/QH13 and Resolution No. 109/2015/QH13 at point a, Clause 4 of this Article;

c) The other provisions in Resolution No. 109/2015/QH13 on the implementation of the Criminal Code and in Resolution No. 110/2015/QH13 on the implementation of the Criminal Procedure Code, which are marked with the date "July 1, 2016," shall be postponed to the date when the amended provisions of Criminal Code No. 100/2015/QH13 take effect.

As of July 1, 2016:

a) Implement the provisions favorable to offenders as stipulated in Clause 3 Article 7 of the Criminal Code No. 100/2015/QH13 and Point b Clause 1 Resolution No. 109/2015/QH13 on the enforcement of the Criminal Code; continue applying Clause 2 Article 1 and other provisions favorable to offenders as stipulated in Resolution No. 109/2015/QH13;

b) Apply the provisions of the Criminal Procedure Code No. 101/2015/QH13 to enforce the provisions favorable to offenders of the Criminal Code No. 100/2015/QH13 and Resolution No. 109/2015/QH13 as set forth in Point a of this clause;

c) Other provisions at Resolution No. 109/2015/QH13 on the enforcement of the Criminal Code and at Resolution No. 110/2015/QH13 on the enforcement of the Criminal Procedure Code marked with the date “July 1, 2016” are postponed to the date when the Law amending and supplementing certain articles of the Criminal Code No. 100/2015/QH13 comes into effect.

Article 2

1. Direct the Supreme People's Court to issue guidelines for implementing points a and b of Clause 4, Article 1 of this Resolution.

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

Article 3

This Resolution takes effect from June 30, 2016.

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This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the Thirteenth Session, on June 29, 2016..