Vietnam Law On Amendments To Some Articles Of The Criminal Code 2025

LAW

ON AMENDMENTS TO SOME ARTICLES OF THE CRIMINAL CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam, amended by Resolution No. 203/2025/QH15;

The National Assembly of Vietnam promulgates the Law on Amendments to some Articles of the Criminal Code No. 100/2015/QH13, amended by Law No. 12/2017/QH14 and Law No. 59/2024/QH15.

Article 1. Amendments to some Articles of the Criminal Code

1. Amendments to Clause 3 Article 40:
“3. The life sentence shall not be executed in the following circumstances:
a) The sentenced person is pregnant or a woman raising a child under 36 months of age;
b) The sentenced person is 75 years of age or older;
c) The sentenced person is diagnosed with terminal cancer.”.
2. Amendments to Article 49:
“Article 49. Mandatory disease treatment
1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a medical facility for mandatory treatment.
2. If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a medical facility for mandatory treatment. After there is a conclusion that the patient has been treated or regained his/her awareness or control of his/her acts, he/she might bear criminal responsibility.
3. If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a medical facility for mandatory treatment. After there is a conclusion that the patient has been treated or regained his/her awareness or control of his/her acts, that person shall keep serving the sentence if there are no reasons to do otherwise.
The duration of mandatory treatment shall be deducted from the imprisonment duration.”.
3. Amendments to Clause 6 Article 62:
“6. If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of a competent authority, might exempt him/her from serving the rest of the sentence.”.
4. Amendments to Clause 1 and Clause 6 of Article 63:
a) Amendments to Clause 1:
“1. If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.
Commutation of a life sentence for embezzlement or taking bribes may only be granted if the convict has voluntarily returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.
The first commutation may only be given after the convict has served at least one third of the duration of the community sentence or determinate imprisonment, or 12 years of the life sentence.”;
b) Amendments to Clause 6:
“6. With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Clause 3 Article 40 hereof, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.”.
5. Amendments to Clause 1 Article 109:
“1. The organizer, instigator or person whose activities cause serious consequences shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment;”.
6. Amendments to Clause 1 Article 110:
“1. A person who commits any of the acts below shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment:
a) Espionage, sabotage or establishment of facilities serving espionage against Socialist Republic of Vietnam;
b) Establishment of facilities serving espionage or sabotage under the direction of foreign entities; spying, informing, concealing, guiding or other acts that assist foreigners in espionage or sabotage;
c) Providing or collecting to provide classified information for foreign entities; collecting, providing other information and/or documents serving foreign entities’ activities against Socialist Republic of Vietnam.”.
7. Amendments to Clause 1 Article 114:
“1. Any person who, for the purpose of opposing the people’s government, sabotages political, national defense, national security, economic, scientific, technological, cultural or social facilities of Socialist Republic of shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment.”.
8. Amendments to Clauses 1, 4 and 5 of Article 192:
a) Amendments to Clause 1:
“1. Any person who manufactures or deals in counterfeit goods in the following circumstances, except in the circumstances specified in Article 193, 194 and 195 hereof, shall be liable to a fine of from VND 200.000.000 to VND 2.000.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30.000.000 to under VND 150.000.000 or under VND 30.000.000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;
b) The offence causes 31% – 60% WPI for another person;
c) The illegal profit reaped is from VND 50.000.000 to under VND 100.000.000;
d) The property damage caused by the offence is assessed at from VND 100.000.000 to under VND 500.000.000.”;
b) Amendments to Clause 4 and Clause 5:
“4. The offender might also be liable to a fine of from VND 40.000.000 to VND 100.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, dd, e, g, h, i, k, l and m Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000 or has its operation suspended for 06 – 36 months;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
9. Amendments to Clause 5 and Clause 6 of Article 193:
“5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 36.000.000.000 or has its operation suspended for 06 – 36 months;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
10. Amendments to Clauses 4, 5 and 6 of Article 194:
“4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The illegal profit earned is ≥ VND 2.000.000.000;
b) The offence results in the death of 02 or more people;
c) The offence results in bodily harm to ≥ 02 people who suffer from a total WPI of ≥ 122%;
d) The property damage caused by the offence is assessed at ≥ VND 1.500.000.000.
5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 8.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 8.000.000.000 to VND 18.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 30.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 30.000.000.000 to VND 40.000.000.000 or has its operation suspended for 01 – 03 years;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
11. Amendments to Clauses 1, 5 and 6 of Article 195:
a) Amendments to Clause 1:
“1. Any person who manufactures or deals in counterfeit animal feeds, fertilizers, veterinary medicines, plant protection chemicals, plant varieties, animal breeds in the following circumstances shall be liable to a fine of from VND 200.000.000 to VND 2.000.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30.000.000 to under VND 150.000.000 or under VND 30.000.000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;
b) The property damage caused by the offence is assessed at from VND 100.000.000 to under VND 500.000.000;
c) The illegal profit earned is from VND 50.000.000 to under VND 100.000.000.”;
b) Amendments to Clause 5 and Clause 6:
“5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 30.000.000.000 or has its operation suspended for 06 – 36 months;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
12. Amendments to Articles 235, 236, 237, 238 and 239:
“Article 235. Causing environmental pollution
1. A person who commits any of the following acts shall be liable to a fine of from VND 100.000.000 to VND 1.000.000.000 or face a penalty of 02 – 03 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment from 1.000 kg to under 3.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 3.000 kg to under 10.000 kg of other hazardous wastes;
b) Illegally burying, dumping, discharging into the environment from 500 kg to under 1.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 1.500 kg to under 3.000 kg of other hazardous wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
c) Discharging into the environment from 500 m3/day to under 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Discharging into the environment ≥ 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 02 to under 03 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 100 m3/day to under 300 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
dd) Discharging into the environment from 150.000 m3/hour to under 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 100.000 m3/hour to under 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
e) Discharging into the environment ≥ 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 02 to under 03 times or from 100.000 m3/hour to under 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 50.000 m3/hour to under 100.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
g) Illegally burying, dumping, discharging into the environment from 100.000 kg to under 200.000 kg of conventional solid wastes or from 70.000 kg to under 100.000 kg of conventional solid wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
h) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 50 mSv/year to under 200 mSv/year or with a dose rate from 0.0025 mSv/hour to under 0,01 mSv/hour
2. This offence committed in any of the following circumstances carries a fine of from VND 1.000.000.000 to VND 2.000.000.000 or a penalty of 03 – 05 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment from 3.000 kg to under 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 10.000 kg to under 50.000 kg of other hazardous wastes;
b) Discharging into the environment from 5.000 m3/day to under 10.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 500 m3/day to under 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
c) Discharging into the environment from 300.000 m3/hour to under 500.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 150.000 m3/hour to under 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Illegally burying, dumping, discharging into the environment from 200.000 kg to under 500.000 of conventional solid wastes;
dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 200 mSv/year to under 400 mSv/year or with a dose rate from 0,01 mSv/hour to under 0,02 mSv/hour;
e) The offence results in serious consequences.
3. This offence committed in any of the following circumstances carries a fine of from VND 2.000.000.000 to VND 6.000.000.000 or a penalty of 05 – 07 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment ≥ 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50.000 kg of other hazardous wastes;
b) Discharging into the environment ≥ 10.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or ≥ 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
c) Discharging into the environment ≥ 500.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or ≥ 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Illegally burying, dumping, discharging into the environment ≥ 500.000 kg of conventional solid wastes;
dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of ≥ 400 mSv/year or with a dose rate of ≥ 0,02 mSv/hour;
e) The offence results in very serious consequences or extremely serious consequences.
4. The offender might also be liable to a fine of from VND 60.000.000 to VND 400.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 14.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 14.000.000.000 to VND 24.000.000.000 or has its operation suspended for 06 – 24 months;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 24.000.000.000 to VND 40.000.000.000 or has its operation suspended for 01 – 03 years;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 2.000.000.000 to VND 10.000.000.000, banned from operating in certain fields for 01 – 03 years.

[to be continued….]

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