Resolution No. 32/1999/NQ-QH10 On the Implementation of the Criminal Code

RESOLUTION

On the Implementation of the Criminal Code
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NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 84 of the Constitution of the Socialist Republic of Vietnam in 1992.

RESOLUTION:

1. The Criminal Code of the Socialist Republic of Vietnam adopted on December 21, 1999 shall take effect from July 1, 2000.

This Criminal Code replaces the Criminal Code adopted by the National Assembly on June 27, 1985 and the laws amending and supplementing certain provisions of the Criminal Code adopted by the National Assembly on December 28, 1989, August 12, 1991, December 22, 1992, and May 10, 1997.

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and powers, shall independently or in coordination organize the review of guiding documents for the implementation of the current Criminal Code to abolish, amend, supplement, or issue new documents; propose to the National Assembly and the Standing Committee of the National Assembly to abolish, amend, supplement, or issue new documents in accordance with the provisions of this Criminal Code, ensuring its effectiveness from July 1, 2000.

2. From July 1, 2000, the Criminal Code shall be applied as follows:

a) All provisions of the Criminal Code shall be applied for investigation, prosecution, trial, and enforcement of sentences against persons committing criminal acts from 00:00 hours on July 1, 2000;

b) Laws abolishing a penalty, an aggravating circumstance; providing a lighter penalty, a mitigating circumstance, or expanding the scope of suspended sentences, exemption from criminal liability, exemption from punishment, reduction of punishment, erasure of criminal records, and other provisions beneficial to offenders shall be applied to all criminal acts occurring before 00:00 hours on July 1, 2000 that were discovered thereafter, under investigation, prosecution, trial, or for persons being considered for reduction of sentence execution time or erasure of criminal records;

c) Laws defining a new crime, a new penalty, a harsher penalty, a new aggravating circumstance, or limiting the scope of suspended sentences, exemption from criminal liability, exemption from punishment, reduction of punishment, erasure of criminal records, and other provisions not beneficial to offenders shall not be applied to criminal acts occurring before 00:00 hours on July 1, 2000 that were discovered thereafter, under investigation, prosecution, trial, or for persons being considered for reduction of sentence execution time or erasure of criminal records; in such cases, previous criminal laws shall still apply;

d) For criminal acts occurring before 00:00 hours on July 1, 2000 and for which judgments or decisions of the courts have taken legal effect, the provisions of this Criminal Code differing from those applied at sentencing shall not serve as grounds for cassation appeals; if the appeal is based on other grounds or was filed before July 1, 2000, the cassation trial must follow the provisions of points b and c of this Section;

3. From the date of promulgation of this Criminal Code:

a) Capital punishment shall not be applied when sentencing women who are pregnant, or nursing children under 36 months old at the time of the offense or sentencing, for offenses for which this Criminal Code has abolished capital punishment;

b) Capital punishment already pronounced against persons referred to in point a of this Section but not yet executed shall no longer be carried out and shall be converted to the highest penalty prescribed by this Criminal Code for the offense; if the new provision retains capital punishment, for women who are pregnant or nursing children under 36 months old, the capital punishment pronounced shall be converted to life imprisonment;

c) Persons who committed acts previously defined as crimes by the former Criminal Code but not defined as crimes by this Criminal Code shall not be criminally prosecuted; if the case is under investigation, prosecution, or trial, it must be discontinued; if the person has been sentenced and is serving the sentence or has been temporarily suspended from serving the sentence, they shall be exempted from serving the remaining part of the sentence; if the person has not yet served the sentence or is on deferred execution, they shall be exempted from serving the entire sentence;

d) Persons aged 14 years or older but under 16 years old who commit crimes with the highest penalty up to seven years' imprisonment shall not be criminally prosecuted; if the case is under investigation, prosecution, or trial, it must be discontinued; if the person has been sentenced and is serving the sentence or has been temporarily suspended from serving the sentence, they shall be exempted from serving the remaining part of the sentence; if the person has not yet served the sentence or is on deferred execution, they shall be exempted from serving the entire sentence;

đ) Persons who have completed their sentences for a crime that this Criminal Code no longer defines as a crime or who have been exempted from serving the entire sentence or the remaining part of the sentence according to points c and d of this Section shall automatically have their criminal records erased.

4. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and powers shall have the responsibility to coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations to widely publicize this Criminal Code among cadres and the people to enhance its effectiveness in combating crime across all areas of state management and in social life.

This Resolution was adopted by the Sixth Session of the Tenth National Assembly of the Socialist Republic of Vietnam on December 21, 1999./.