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Vietnam criminal code – 100/2015/QH13

NATIONAL ASSEMBLY
——–
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
No. 12/2017/QH14Hanoi, June 20, 2017

LAW

ON AMENDMENTS TO THE CRIMINAL CODE NO. 100/2015/QH13

Pursuant to Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on amendments to the Criminal Code No. 100/2015/QH13.

Article 1. Amendments to Criminal Code No. 100/2015/QH13

  1. Article 3 is amended as follows:
  2. a) Point d Clause 1 Article 3 is amended as follows:

“d) Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner, or with intent to inflict extremely serious consequences shall be strictly punished.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; cooperate with responsible for authorities in discovery of crimes or during the case; express contrition; voluntarily compensate for damage they inflict;”;

  1. b) Point d Clause 2 Article 3 is amended as follows:

“d) Leniency shall be showed towards corporate legal entities that cooperate with responsible for authorities in discovery of crimes or during the proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate consequences.”.

  1. Article 9 is amended as follows:

“Article 9. Classification of crimes

  1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
  2. a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years’ imprisonment;
  3. b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years’ to 07 years’ imprisonment;
  4. c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years’ to 15 years’ imprisonment;
  5. d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years’ to 20 years’ imprisonment, life imprisonment, or death.
  6. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.”.
  7. Clause 2 Article 12 is amended as follows:

“2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.”.

  1. Article 14 is amended as follows:

“Article 14. Preparation for crimes

  1. Preparation for a crime means finding, preparing tools, equipment, or other conditions for the crime, or establishing, joining a group of criminals, except in the circumstances specified in Article 109, Point a Clause 2 Article 113, or Point a Clause 2 Article 299 hereof.
  2. A person who prepares for any of the crimes specified in Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, 324 hereof shall bear criminal responsibility.
  3. A person from 14 to under 16 years of age who prepares for any of the crimes specified in Article 123 and Article 168 hereof has to bear criminal responsibility.”.
  4. Article 19 is amended as follows:
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