Resolution No. 41/2017/QH14 on the implementation of the Criminal Code No. 100/2015/QH13, which has been amended and supplemented with some articles pursuant to Law No. 12/2017/QH14, and on the effectiveness of the Criminal Procedure Code No. 101/2015/QH13, the Organization Law of Investigative Organs No. 99/2015/QH13, and the Law on Temporary Detention and Pre-trial Detention No. 94/2015/QH13.

RESOLUTION

Vregarding the implementation BPenal Code Hof Decision No. 100/2015/according to Law No.13

which has been amended, supplementing some articles pursuant to LLaw No. 12/2017/according to Law No.14

and on the effectiveness of enforcement of BPenal Code TCriminal Procedure Code No. 101/2015/according to Law No.13,

LLaw on the Organization of Criminal Investigation Agencies No. 99/2015/according to Law No.13,

LLaw on Temporary Detention and Pretrial Detention No. 94/2015/according to Law No.13

OF THE NATIONAL ASSEMBLY

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

RESOLUTION:

Article 1. On the effectiveness of enforcement of the Criminal Code No. 100/2015/QH13 and related codes and laws

1. As of January 1, 2018, the following codes and laws shall come into effect:

a) The Criminal Code No. 100/2015/QH13 amended and supplemented with some articles pursuant to Law No. 12/2017/QH14 (hereinafter referred to as the Criminal Code 2015);

b) The Criminal Procedure Code No. 101/2015/QH13;

c) The Law on the Organization of Criminal Investigation Agencies No. 99/2015/QH13;

d) The Law on Temporary Detention and Pretrial Detention No. 94/2015/QH13.

2. The provisions of Resolution No. 110/2015/QH13 dated November 27, 2015 of the National Assembly on the implementation of the Criminal Procedure Code No. 101/2015/QH13 which specify the date "July 1, 2016" shall be replaced by the date "January 1, 2018", and the date "January 1, 2019" shall be replaced by the date "January 1, 2020".

Article 2. Application of the Criminal Code 2015

1. As of January 1, 2018, the Criminal Code 2015 shall be applied as follows:

a) All provisions of the Criminal Code 2015 shall be applied for the initiation of criminal proceedings, investigation, prosecution, trial, and enforcement of sentences against persons who commit crimes from 00:00 hours on January 1, 2018;

b) Provisions of the Criminal Code 2015 that abolish a crime, a punishment, an aggravating circumstance; provide lighter punishments, new mitigating circumstances; exempt criminal responsibility, exempt punishment, reduce punishment, erase criminal records, and other provisions beneficial to offenders shall be applied to all offenses committed before 00:00 hours on January 1, 2018 that were discovered thereafter, under investigation, prosecution, trial, or for persons whose reduction of sentence execution period or erasure of criminal record is being considered;

c) New crimes prescribed in Articles 147, 154, 167, 187, 212, 213, 214, 215, 216, 217, 217a, 218, 219, 220, 221, 222, 223, 224, 230, 234, 238, 285, 291, 293, 294, 297, 301, 302, 336, 348, 388, 391, 393, and 418 of the Criminal Code 2015; provisions adding new criminal acts, provisions providing new punishments, more severe punishments, new aggravating circumstances; provisions limiting the scope of exemption from criminal responsibility, exemption from punishment, reduction of punishment, erasure of criminal records, and other provisions not beneficial to offenders shall not be applied to offenses committed before 00:00 hours on January 1, 2018 that were discovered thereafter, under investigation, prosecution, trial, or for persons whose reduction of sentence execution period or erasure of criminal record is being considered; in such cases, the corresponding provisions of criminal law regulations effective prior to 00:00 hours on January 1, 2018 shall still be applied to resolve these matters;

d) The provisions at point b and point c of this clause shall also be applied to new provisions defining crimes separated from combined crimes in the Criminal Code No. 15/1999/QH10 amended and supplemented with some articles pursuant to Law No. 37/2009/QH12 (hereinafter referred to as the Criminal Code 1999);

đ) The circumstances "causing serious consequences," "causing very serious consequences," "causing extremely serious consequences," "large quantity," "very large quantity," "extremely large quantity," "substantial illegal gains," "very substantial illegal gains," "extremely substantial illegal gains," "land area of significant size," "land area of very significant size," "land area of extremely significant size," "significant value," "very significant value," "extremely significant value," "large scale" of the Criminal Code 1999, if applied to initiate charges against suspects before 00:00 hours on January 1, 2018, shall continue to apply the provisions of the Criminal Code 1999 to initiate charges, investigate, prosecute, and try, except in the case provided for in point d of Clause 2 of this Article;

e) For the act of piracy as defined in Article 83, the act of registering marriage contrary to the law as defined in Article 149, the act of illegal business operations as defined in Article 159, and the act of intentionally violating state regulations on economic management causing serious consequences as defined in Article 165 of the Criminal Code 1999 occurring before 00:00 hours on January 1, 2018, where the case is still under investigation, prosecution, or trial after that time, the provisions of the Criminal Code 1999 shall continue to be applied to handle the case; in cases where the case has been tried and a judgment or decision of the court has been issued, it shall not be based on the fact that the Criminal Code 2015 does not define the crime of piracy, the crime of registering marriage contrary to the law, the crime of illegal business operations, or the crime of intentionally violating state regulations on economic management causing serious consequences to appeal or protest against the judgment or decision according to the direction of non-criminality. In cases where the person convicted is serving a sentence for the crime of piracy, the crime of registering marriage contrary to the law, the crime of illegal business operations, or the crime of intentionally violating state regulations on economic management causing serious consequences or has completed the sentence, the corresponding provisions of criminal law regulations effective prior to 00:00 hours on January 1, 2018 shall still be applied to resolve these matters; if the offense is discovered after 00:00 hours on January 1, 2018, then no criminal proceedings shall be initiated, investigated, prosecuted, or tried for the crime of piracy as defined in Article 83, the crime of registering marriage contrary to the law as defined in Article 149, the crime of illegal business operations as defined in Article 159, or the crime of intentionally violating state regulations on economic management causing serious consequences as defined in Article 165 of the Criminal Code 1999, but the corresponding provisions of the Criminal Code 2015 shall be applied to initiate criminal proceedings, investigate, prosecute, and try for the corresponding crimes.

g) For criminal acts that have judgments and decisions of the Court which have become legally effective before 00 hours 00 minutes on January 1, 2018, the provisions of the Criminal Code 2015 with different contents from those laws applied when sentencing shall not be grounds for lodging cassation appeals; in cases where appeals are based on other grounds or were lodged before January 1, 2018, the cassation trial must comply with the provisions of points b and c of this clause;

h) The provisions on criminal liability for commercial legal entities in the Criminal Code 2015 do not apply to criminal acts of commercial legal entities occurring before 00 hours 00 minutes on January 1, 2018;

i) In cases where seized substances suspected to be narcotics in solid form have been dissolved into solutions, narcotics in liquid form have been diluted, opium or narcotic drugs, psychotropic substances as stipulated in Articles 248, 249, 250, 251, and 252 of the Criminal Code 2015, the concentration of narcotics must be determined as the basis for determining the quantity or volume of seized narcotics. For other cases, the provisions of the Criminal Procedure Code 101/2015/QH13 shall be implemented;

2. From the date of promulgation of Law No. 12/2017/QH14 amending and supplementing certain articles of the Criminal Code No. 100/2015/QH13 (hereinafter referred to as Law No. 12/2017/QH14), the following provisions shall continue to be implemented:

a) The death penalty shall not be applied when sentencing offenders where the Criminal Code 2015 has abolished the death penalty or for persons aged 75 years or older at the time of committing the offense or at the time of sentencing;

b) Death sentences pronounced against persons falling under point a of this clause but not yet executed shall not be carried out, and the President of the Supreme People's Court shall convert the death sentence into a life imprisonment sentence;

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

d) No criminal proceedings shall be instituted against persons who commit acts defined as crimes under the Criminal Code 1999 but not defined as crimes under the Criminal Code 2015, including: child marriage; false reporting in economic management; violation of regulations on granting industrial property rights protection; unauthorized use of reserve funds for additional charter capital of credit institutions; failure to comply with administrative decisions of competent state agencies regarding placement in educational facilities, medical facilities, or administrative control; acts defined as crimes under the Criminal Code 1999 (as guided in legal normative documents) but no longer constitute crimes due to amendments, supplements, or changes in elements constituting the crime. If the case has been initiated, is under investigation, prosecution, or trial, it must be discontinued; if the person convicted is serving the sentence or temporarily suspended from serving the sentence, they shall be exempted from serving the remaining part of the sentence; if the person convicted has not yet served the sentence or is temporarily suspended from serving the sentence, they shall be exempted from serving the entire sentence;

đ) For cases where the favorable provisions of the Criminal Code No. 100/2015/QH13 have been applied according to Resolution No. 144/2016/QH13 dated June 29, 2016 of the National Assembly on delaying the enforcement of the Criminal Code No. 100/2015/QH13, the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization of Investigative Agencies No. 99/2015/QH13, and the Law on Temporary Detention No. 94/2015/QH13 for initiating, investigating, prosecuting, and trying cases, but Law No. 12/2017/QH14 no longer defines them as crimes: if the case has been initiated, is under investigation, prosecution, or trial, it must be discontinued; if the person convicted is serving the sentence or temporarily suspended from serving the sentence, they shall be exempted from serving the remaining part of the sentence; if the person convicted has not yet served the sentence or is temporarily suspended from serving the sentence, they shall be exempted from serving the entire sentence;

e) No criminal proceedings shall be instituted against persons aged 14 years or older but under 16 years old for offenses not provided for in Clause 2, Article 12 and Clause 3, Article 14 of the Criminal Code 2015, or for preparatory acts for offenses not provided for in Clause 2, Article 14 of the Criminal Code 2015; 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 part of the sentence; if the person convicted has not yet served the sentence or is temporarily suspended from serving the sentence, they shall be exempted from serving the entire sentence;

g) Persons who have completed their sentence or been exempted from serving the entire sentence or the remaining part of the sentence according to points d, đ, and e of this clause shall be automatically granted amnesty;

h) Implement the provisions of Clause 3, Article 7 of the Criminal Code 2015; point b of Clause 1 of this provision;

i) Apply the provisions of the Criminal Procedure Code No. 101/2015/QH13 to implement the provisions of point b of Clause 1 of this provision and other favorable provisions of the Criminal Code 2015 for offenders.

Article 3. Detailed regulations and guidance on implementation

1. Entrust the Government, within its functions, tasks, and powers, to provide detailed regulations on supervisory and educational measures to be applied in cases where criminal responsibility is exempted as stipulated in Section 2 of Chapter XII of the 2015 Criminal Code; to provide regulations on valuation for goods prohibited from trade, circulation, or use by the State, or goods not yet permitted to circulate or use in Vietnam; to provide regulations on calculating the total volume or quantity of narcotic substances at point k, clause 2, point e, clause 3, point đ, clause 4 of Article 248, point i, clause 1, point n, clause 2, point h, clause 3, point h, clause 4 of Article 249, point i, clause 1, point o, clause 2, point h, clause 3, point h, clause 4 of Article 250, point p, clause 2, point h, clause 3, point h, clause 4 of Article 251, and point i, clause 1, point n, clause 2, point h, clause 3, point h, clause 4 of Article 252 of the 2015 Criminal Code.

2. Entrust the Supreme People's Court to review through summarizing the application of laws, direct the trial process to ensure uniform application of laws in trials concerning "causing serious consequences," "causing very serious consequences," "causing particularly serious consequences," "large quantities," "very large quantities," "particularly large quantities," "high value," "very high value," "particularly high value"; when necessary, provide guidance on uniform application of laws in trials involving other articles, clauses, and points in the 2015 Criminal Code.

3. The Government, the Supreme People's Court, and the Supreme People's Procuracy, within their respective functions, tasks, and powers, shall cooperate to organize reviews of related documents to promptly abolish, amend, supplement, or issue new normative legal documents in accordance with the provisions of the 2015 Criminal Code.

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 cooperate with the Central Committee of the Vietnam Fatherland Front and its member organizations to widely disseminate the 2015 Criminal Code among the people, officials, civil servants, and employees, contributing to strengthening socialist rule of law and enhancing the effectiveness of this Code in combating crime and protecting the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals.

Article 4. Effective date

1. This Resolution takes effect from July 5, 2017.

2. Resolution No. 109/2015/QH13 dated November 27, 2015 of the National Assembly on the implementation of the Criminal Law No. 100/2015/QH13 and Resolution No. 144/2016/QH13 dated June 29, 2016 of the National Assembly on postponing the effective date of the Criminal Law No. 100/2015/QH13, the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization of Criminal Investigation Agencies No. 99/2015/QH13, and the Law on Temporary Detention No. 94/2015/QH13 cease to be effective from the date this Resolution takes effect.

Article 5. Transitional provisions and responsibility for implementation

1. From the date this Resolution takes effect until the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization of Criminal Investigation Agencies No. 99/2015/QH13, and the Law on Temporary Detention No. 94/2015/QH13 take effect according to Article 1 of this Resolution, continue to apply the Criminal Procedure Code No. 19/2003/QH11, the Regulation on Organizational Structure of Criminal Investigation Agencies No. 23/2004/PL-UBTVQH11 amended and supplemented by Regulation No. 30/2006/PL-UBTVQH11 and Regulation No. 09/2009/PL-UBTVQH12.

2. 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 powers, shall be responsible for implementing this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, third session, on June 20, 2017.