Law Amending and Supplementing Certain Articles of the Criminal Code No. 30-LCT/HĐNN8

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES

OF THE CRIMINAL CODE

Pursuant to Article 83 of the Constitution of the Socialist Republic of Vietnam;

This Law amends and supplements certain Articles of the Criminal Code adopted by the National Assembly of the Socialist Republic of Vietnam on June 27, 1985.

Article 1: Amending and supplementing certain Articles of Part I of the Criminal Code.

1- Paragraph 3 of Article 23 is supplemented as follows:

The amount of fine shall be determined according to the seriousness of the crime committed, while also taking into account the financial situation of the offender and fluctuations in prices.

2- Article 41 is amended as follows:

Article 41. Determination of punishment in cases of multiple offenses.

When trying a person for multiple offenses at the same time, the Court decides the punishment for each offense separately, then determines the overall punishment for all offenses. The overall punishment shall not exceed the highest limit of the type of punishment already pronounced.

3- Paragraph 1 of Clause 1 of Article 42 regarding the consolidation of punishments from multiple judgments is amended as follows:

1. In cases where a person is serving a judgment and is subsequently tried for a crime committed before that judgment, the Court decides the punishment for the current offense, then determines the overall punishment. The overall punishment shall not exceed the highest limit of the type of punishment already pronounced.

4- Clause 5 of Article 44 concerning suspended sentences is amended as follows:

5. If during the probation period, the person with a suspended sentence commits a new unintentional crime and is punished with imprisonment or commits a new intentional crime, the Court decides to enforce the previous sentence and consolidate it with the new sentence according to Clause 2 of Article 42.

5- Clause 2 of Article 53 concerning automatic discharge is amended as follows:

2. A person who benefits from a suspended sentence and does not commit a new crime within three years from the end of the probation period.

Article 2: Amending and supplementing certain Articles of Part II of the Criminal Code.

1- Point a of Clause 2 of Articles 97, 129, 131, 132, 134, 149, 152, 154, 155, 157, 166, 201 and point b of Clause 2 of Articles 153, 167 are supplemented with the phrase "or having a professional nature".

2- The monetary fines in Articles 90, 91, 100, 126, 142, 179, 185, 215, 218 are amended as follows:

a) AT Clause 1 of Article 90 concerning the crime of violating air transport regulations: five hundred million VND (500,000,000 VND);

b) AT Clause 2 of Article 90: One billion VND (1,000,000,000 VND);

c) AT Clause 1 of Article 91 concerning the crime of violating maritime transport regulations: three hundred million VND (300,000,000 VND);

d) AT Clause 2 of Article 91: Eight hundred million VND (800,000,000 VND);

đ) AT Clause 3 of Article 100 concerning supplementary penalties for crimes stipulated in Articles 88, 95, 96, 98, and 99: from three hundred thousand VND (300,000 VND) to three million VND (3,000,000 VND);

e) AT Article 126 concerning the crime of infringing upon copyright, patent rights, and inventions: five million VND (5,000,000 VND);

g) AT Clause 3 of Article 142 concerning supplementary penalties for crimes of infringing upon socialist property rights stipulated in Chapter IV, except for Articles 136, 139, and 140: thirty million VND (30,000,000 VND);

h)||| AT Article 179 concerning the crime of violating regulations on research, exploration, exploitation, and protection of underground resources, marine areas, and continental shelves of Vietnam: one billion VND (1,000,000,000 VND);

i) AT Paragraph 1 of Clause 1 of Article 185 concerning supplementary penalties for crimes stipulated in Articles 164, 177, 178, and Articles from 180 to 184: fifty million VND (50,000,000 VND);

AT Paragraph 2 of Clause 1 of Article 185: one billion VND (1,000,000,000 VND);

k) AT Article 215 on the offense of violating regulations on publishing and distributing books, newspapers, and other publications: from two hundred fifty thousand VND (250,000 VND) to ten million VND (10,000,000 VND);

l) AT Clause 3 of Article 218 on additional penalties for offenses stipulated in Articles from 199 to 203: from fifty thousand VND (50,000 VND) to two million five hundred thousand VND (2,500,000 VND).

3- Add a new provision as follows:

Article 96a. The offense of producing, storing, buying, selling, or transporting narcotics illegally.

1- Any person who produces, stores, buys, sells, or transports narcotics contrary to state regulations shall be sentenced to imprisonment for a term of two to seven years.

2- If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of five to fifteen years:

a) Organized or professional in nature;

b) Exploiting official positions, powers, or the name of state agencies or social organizations;

c) Illicit goods in large quantities or of high value; deriving substantial unlawful profits;

d) Reoffending dangerously.

3- In cases of particularly serious circumstances, the offender shall be sentenced to imprisonment for a term of twelve to twenty years, life imprisonment, or death penalty.

4- Clause 2 of Article 101 on the offense of murder shall be amended as follows:

2. If the offense does not fall under the circumstances specified in Clause 1 of this Article or does not have special mitigating circumstances, the offender shall be sentenced to imprisonment for a term of five to twenty years.

5- Article 109 shall be amended and supplemented as follows:

Article 109. The offense of intentionally causing injury or harm to another person's health.

1. Any person who intentionally causes injury or harm to another person's health shall be sentenced to corrective labor without confinement for up to one year or to imprisonment for a term of three months to three years.

2. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of two to seven years:

a) Causing severe injury or serious harm to another person's health;

b) To obstruct public officials in the performance of their duties or due to the victim's official capacity;

c) With thuggish characteristics or dangerous reoffending;

d) Causing injury to multiple persons or harming the health of multiple persons.

3. If the offense results in permanent disability, leads to death, or in other particularly serious circumstances, the offender shall be sentenced to imprisonment for a term of five to twenty years.

4. If the offense falls under any of the circumstances specified in point a of Clause 2 or Clause 3 of this Article and is committed due to strong provocation by the victim's serious illegal act or exceeds the limits of justifiable self-defense, the offender shall be warned, sentenced to corrective labor without confinement for up to one year, or to imprisonment for a term of three months to two years.

6- Article 114 shall be amended and supplemented as follows:

Article 114. The offense of sexual intercourse with a person under sixteen years old.

1. Any person who has reached adulthood and engages in sexual intercourse with a person aged thirteen to under sixteen shall be sentenced to corrective labor without confinement for up to one year or to imprisonment for a term of three months to three years.

2. If sexual intercourse involves multiple persons or results in serious consequences, the offender shall be sentenced to imprisonment for a term of two to seven years.

7- Article 151 shall be amended and supplemented as follows:

Article 151. The offense of robbing citizens' property.

1. Any person who uses force, threatens immediate use of force, or employs other acts that render the victim unable to resist, with the aim of seizing property, shall be sentenced to imprisonment for a term of three to seven years.

2. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of five to fifteen years:

a) Organized or professional in nature;

b) Using weapons or other dangerous means or methods;

c) Causing injury or harm to another person's health;

d) Seizing property of high value or causing other serious consequences.

3. If the offense results in severe injury, serious harm to another person's health, death, dangerous reoffending, or in other particularly serious circumstances, the offender shall be sentenced to imprisonment for a term of twelve to twenty years, life imprisonment, or death penalty.

8- Article 165 shall be amended and supplemented as follows:

Article 165. The crime of speculation.

1. Any person who takes advantage of a shortage situation or creates a false shortage to purchase goods for resale with the aim of obtaining unlawful profits shall be sentenced to imprisonment from six months to five years.

2. In cases where the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment from three years to twelve years:

a) Organized or professional in nature;

b) Exploiting official positions, powers, or the name of state agencies or social organizations;

c) Illicit goods in large quantities or of high value; deriving substantial unlawful profits;

d) Taking advantage of natural disasters or war;

đ) Reoffending dangerously.

3. In particularly serious circumstances, the offender shall be sentenced to imprisonment from ten years to twenty years or life imprisonment.

9- The offense name and Clause 1 of Article 166 shall be amended as follows:

Article 166. The crime of trading in prohibited goods.

1. Any person who trades in goods that the State prohibits from being traded shall be sentenced to imprisonment from six months to five years.

10- Article 169 shall be amended and supplemented as follows:

Article 169. The crime of tax evasion.

1. Any person who evades taxes in large amounts or continues to violate after administrative punishment shall be sentenced to corrective labor without detention for up to one year or imprisonment from three months to three years.

2. Any person who evades taxes in very large amounts or commits the offense in cases of dangerous reoffending or other particularly serious circumstances shall be sentenced to imprisonment from two years to seven years.

11- Article 174 shall be amended and supplemented as follows:

Article 174. The crime of intentionally violating State regulations on economic management causing serious consequences.

1. Any person who, for personal gain or other personal motives, abuses their position or authority to intentionally violate principles, policies, and systems of economic management prescribed by the State, causing serious consequences, shall be sentenced to corrective labor without detention for up to two years or imprisonment from six months to five years.

2. In cases where the offense causes particularly serious consequences, the offender shall be sentenced to imprisonment from three years to twelve years.

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This Law was passed by the Sixth Session of the Sixth National Assembly of the Socialist Republic of Vietnam on December 28, 1989.