NATIONAL ASSEMBLY  
--------  SOCIALIST  REPUBLIC OF VIETNAM  
Independence - Freedom - Happiness  
---------------  
No. 100/2015/QH13   
  
CRIMINAL CODE  
 
Pursuant to Constitution of Socialist Republic of Vietnam;  
The National Assembly promulgates the Criminal Code . 
Part One  
GENERAL PROVISIONS  
Chapter I  
BASIC CLAUSES  
Article 1. Objectives of the Criminal Code  
The Criminal Code is meant to protect Vietnam’s sovereignty and security; 
protect the socialism regime, human rights, citizenship rights; protect the 
equality  among ethnic groups; protect interests of the State; organize and protect 
the law; punish crimes; raise people’s awareness of compliance with the law; 
prevent and fight crimes.  
This document provides for crimes and sentences.  
Article 2. Basis of criminal liability  
1. No one who commits a criminal offence that is not regulated by the Criminal 
Code has to incur criminal liability.  
2. No corporate legal entity that commits a criminal offence that is not regulated 
in Article 76 hereof has to incur criminal lia bility.  
Article 3. Rules for punishing crimes  
1. With regard to criminals:  
a) Every crime committed by a person must be discovered promptly and dealt 
with quickly and fairly in compliance with law;  2 
 
b) All criminals are equal before the law regardless of g ender, ethnicity, belief, 
religion, social class or social status;  
c) Instigation of crimes, masterminds or obstinacy, gangster -like crimes, 
dangerous recidivism, abuse of positions or power to commit criminal offences 
shall be strictly punished;  
d) Crimin al 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 i n; show 
cooperative attitudes; inform on accomplices; made reparation in an effort to 
atone for their crimes; express contrition; voluntarily compensate for damage 
they inflict;  
dd) A person who commit a less serious crime for the first time may serve a 
community sentence (mandatory supervision by family or an organization);  
e) People sentenced to imprisonment shall serve their sentences at prisons and 
must improve themselves to become effective and productive citizens; 
commutation or conditional parole sha ll be granted to people who satisfy 
conditions set out in this document;  
g) People who have served their sentences are enabled to live and work honesty 
and fit into society; criminal records shall be expunged when all conditions are 
satisfied.  
2. With rega rd to corporate legal entities that commit criminal offences:  
a) Every criminal offence committed by a corporate legal entity must be 
discovered promptly and dealt with quickly and fairly in compliance with law;  
b) All corporate legal entities that commit  criminal offences are equal before the 
law regardless of type of business and economic sector;  
c) Criminal offences committed by deceitful methods; organized crimes, 
deliberate infliction of extremely serious consequences shall be strictly 
punished;  
d) Le niency shall be showed towards corporate legal entities that are cooperative 
during the proceeding, voluntarily compensate for damage they inflict, 
proactively prevent or alleviate consequences.  
Article 4. Responsibility for prevention and fight against cr imes  3 
 
1. Police authorities, the People’s Procuracies, People’s Courts and other 
authorities concerned shall perform their functions, duties and authority; provide 
guidance and assistance for other state agencies, organizations and individuals in 
prevention  and fight against crimes, supervision and education of criminals in 
the community.  
2. Organizations are responsible for raising the awareness of people under their 
management of protection and compliance with the law, respect for socialism 
rules; promptly  take measures for eliminate causes and conditions of crimes 
within their organizations.  
3. Every citizen has the duty to participate in prevention and fight against 
crimes.  
Chapter II  
EFFECT OF THE CRIMINAL CODE  
Article 5. Effect of the Criminal Code on c riminal offences committed 
within the territory of the Socialist Republic of Vietnam  
1. The Criminal Code applies to every criminal offence committed within the 
territory of the Socialist Republic of Vietnam.  
It also applies to criminal offences committed  on sea -going vessels and airplanes 
having Vietnamese nationality or operating in Vietnam’s exclusive economic 
zones or continental shelves or consequences thereof.  
2. Criminal liability of foreigners who commit criminal offences within the 
territory of So cialist Republic of Vietnam and are granted diplomatic immunity 
according to Vietnam’s law or under an international agreement to which 
Socialist Republic of Vietnam is a signatory or according to international 
practice shall be dealt with in accordance wi th the international agreement or 
practice. If the case is not set out in any international agreement or there is no 
such international practice, their criminal liability shall be dealt with in a 
diplomatic manner.  
Article 6. Effect of the Criminal Code on  criminal offences committed 
outside the territory of the Socialist Republic of Vietnam  
1. Any Vietnamese citizen or Vietnamese corporate legal entity that commits an 
act outside the territory of Socialist Republic of Vietnam which is defined as a 
crimina l offence by this document shall face criminal prosecution in Vietnam as 
prescribed by this document.  4 
 
This clause also applies to stateless residents of Vietnam.  
2. Any foreigner or foreign corporate legal entity that commit a criminal offence 
outside the territory of Socialist Republic of Vietnam shall face criminal 
prosecution as prescribed by this document if such offence infringes the lawful 
rights and interests of Vietnamese citizens or interest of Socialist Republic of 
Vietnam or under an internation al agreement to which Vietnam is a signatory.  
3. Where a criminal offence or its consequence occurs on an airplane or sea -
going vessel that does not have Vietnamese nationality at sea or outside 
Vietnam's airspace, the offender shall face criminal prosecu tion under an 
international agreement to which Vietnam is a signatory, if any.  
Article 7. Chronological effect of Criminal Code  
1. A provision of law effective at the same time as the commission of the 
criminal offence shall be applied to such criminal of fence.  
2. A provision of law that provides for a new crime, a more severe sentence, a 
new aggravating factor or reduce the scope of suspended sentences, exemption 
from criminal liability, removal of criminal responsibility, exemption from 
sentence, commuta tion or conviction expungement which is less favorable shall 
not be applied to criminal offences committed before such provision of law 
comes into force.  
3. A provision of law that removes a new crime, a sentence, an aggravating 
factor or provides for a les s severe sentence, a new mitigating factor or increase 
the scope of probation, exemption or conviction expungement of criminal 
liability, exemption from sentence, commutation, conditional parole or 
conviction expungement and other provisions which is more favorable may be 
applied to criminal offences committed before such provisions of law comes 
into force.  
Chapter III  
CRIMES  
Article 8. Definition of crime  
1. A crime means an act that is dangerous for society and defined in Criminal 
Code, is committed by a person who has criminal capacity of corporate legal 
entity, whether deliberately or involuntarily, infringes the sovereignty and 
territorial integrity of the nation, infringes the political regime, economic 
regime, culture, national defense and security, s ocial order and safety, the lawful 5 
 
rights and interests of organizations, human rights, the lawful rights and interests 
of citizens, other aspects of socialist law and leads to criminal prosecution as 
prescribed by this document.  
2. An act that resembles a  crime but is actually not remarkably dangerous for 
society is not a crime and shall be dealt with otherwise.  
Article 9. Classification of crimes  
Crimes defined in this document are classified into four categories according to 
their nature and danger to so ciety:  
1. Less serious crime means a crime whose danger to society is not significant 
and for which the maximum sentence defined by this document is a fine, 
community sentence (non -custodial) or 3 years' imprisonment;  
2. Serious crime means a crime whose d anger to society is significant and for 
which the maximum sentence of the bracket defined by this document is from 
over 3 years' to 7 years' imprisonment;  
3. Very serious crime means a crime whose danger to society is great and for 
which the maximum senten ce of the bracket defined by this document is from 
over 7 years' to 15 years' imprisonment;  
4. Extremely serious crime means a crime whose danger to society is enormous 
and for which the maximum sentence of the bracket defined by this document is 
from over  15 years' to 20 years' imprisonment, life imprisonment or death.  
Article 10. Deliberate crimes  
Cases of deliberate crimes:  
1. The offender is aware of the danger to society of his/her act, foresees 
consequences of such act and wants such consequences to o ccur;  
2. The offender is aware of the danger to society of his/her act, foresees 
consequences of such act, does not want such consequences to occur but 
deliberately lets them occur.  
Article 11. Involuntary crimes  
Cases of involuntary crimes:  
1. The offende r is aware of the danger to society of his/her act but believes that 
consequences would not occur or could be prevented;  6 
 
2. The offender is not aware of the danger to society of his/her act though the 
consequences have to be foreseen and could be foreseen.  
Article 12. Age of criminal responsibility  
1. A person from 16 years of age and above shall bear criminal responsibility for 
every crime, except for those otherwise prescribed by this document.  
2. A person from 14 years of age to be low 16 years of age sh all bear criminal 
responsibility for murder, deliberate infliction of bodily harm upon other people, 
raping, raping people under 16 years of age, sexual abuse of people from 13 to 
under 16 years of age, robbery, kidnapping for ransom; very serious crimes a nd 
extremely serious crimes defined in the following Articles:  
a) Article 143 (Sexual abuse); Article 150 (Human trafficking); Article 151 
(Trafficking of people under 16 years of age);  
b) Article 170 (Extortion); Article 171 (Snatching); Article 173 (Thef t of 
property); Article 178 (Vandalism or deliberate destruction of property);  
c) Article 248 (Illegal production of narcotic substances); Article 249 (Illegal 
possession of narcotic substances; Article 250 (Illegal trafficking of narcotic 
substance; Artic le 251 (Illegal trading of narcotic substances); Article 252 
(Appropriation of narcotic substances);  
d) Article 265 (Organization of illegal racing); Article 266 (Illegal racing);  
dd) Article 285 (Producing, dealing in tools, equipment, software programs  
serving illegal purposes); Article 286 (Spreading software programs harmful to 
computer networks, telecommunications network or electronic devices); Article 
287 (Obstruction or disruption of computer network, telecommunications 
network or electronic devic es); Article 289 (Illegal access to others' computer 
network, telecommunications network or electronic devices); Article 290 
(Appropriation of property by computer network, telecommunications network 
or electronic devices);  
e) Article 299 (Terrorism); Art icle 303 (Destruction of works, facilities or 
vehicles important to national security); Article 304 (Illegal fabrication, 
possession, trafficking, use, trading or appropriation of military weapons or 
military equipment).  
Article 13. Crimes committed under the influence of alcohol or other strong 
stimulants  7 
 
A person who has lost his/her awareness or control of his/her acts because of 
influence of alcohol or other strong stimulants still has to bear criminal 
responsibility.  
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 Art icle 299 hereof.  
2. A person who prepares for any of the following crimes shall bear criminal 
responsibility:  
a) Article 108 (High treason); Article 110 (Espionage); Article 111 
(Infringement upon territory); Article 112 (Rebellion); Article 113 (Terrorism  
aimed to oppose the people's authority); Article 114 (Sabotage of technical 
facilities of Socialist Republic of Vietnam); Article 117 (Fabrication, 
possession, spreading or dissemination of information, materials, items for 
opposing the government of Soci alist Republic of Vietnam; Article 118 
(Disruption of security); Article 119 (Disruption of detention facility); Article 
120 (Organizing, coercing, instigating illegal emigration for the purpose of 
opposing the people's authority); Article 121 (Illegal emi gration for the purpose 
of opposing the people's authority);  
b) Article 123 (Murder); Article 134 (Deliberate infliction of bodily harm upon 
another person);  
C) Article 168 (Robbery); Article 169 (Kidnapping for ransom);  
d) Article 299 (Terrorism); Article  300 (terrorism financing); Article 301 
(Taking hostages); Article 302 (Piracy); Article 303 (Destruction of works, 
facilities, vehicles important to national security); Article 324 (Money 
laundering).  
3. A person from 14 to under 16 years of age who prep ares for any of the crimes 
specified in Point b and Point c Clause 2 of this Article has to bear criminal 
responsibility.  
Article 15. Attempts  
An attempt to commit a crime means an intent and conduct towards completion 
of a crime that does not occur for re asons not intended by the criminal.  8 
 
The person who commits an unsuccessful crime has to take criminal 
responsibility.  
Article 16. Voluntary termination commission of crimes  
Voluntary termination commission of a crime means a person's voluntarily 
stopping c ommitting the crime without anything stopping him/her from 
committing such crime.  
Anyone who voluntarily terminates the commission of a crime is exempt from 
criminal responsibility; if the committed acts constitute another crime, the 
offender shall bear c riminal responsibility for such other crime.  
Article 17. Complicity  
1. Complicity is a situation in which two or more people deliberately commit the 
same crime.  
2. Organized crime is a form of complicity in which the accomplices cooperate 
closely in commit ting the crime.  
3. An accomplice means an organizer, perpetrator, instigator or abettor.  
Perpetrator means the person who directly commits the crime.  
Organizer means the mastermind behind the commission of the crime.  
Instigator means the person entice or e ncourage other people to commit the 
crime.  
Helper means the person who provides spiritual or material assistance in the 
commission of the crime.  
4. The accomplice shall not take criminal responsibility for unjustified force 
used by the perpetrator.  
Article  18. Concealment of crimes  
1. Any person who, without prior promises and after knowing that a crime has 
been committed, harbors the criminal, conceals the traces or exhibits of the 
crime or commits other acts that obstruct the discovery, investigation and  taking 
of actions against the criminal shall bear criminal responsibility for concealment 
of crimes in the cases defined by this document.  
2. A person who conceals the crime shall not bear criminal responsibility as 
specified in Clause 1 of this Article i f he/she is a grandparent, parent, child, 
niece/nephew, sibling, spouse of the offender, except for concealment of crimes 9 
 
against national security or other extremely serious crimes specified in Article 
389 hereof.  
Article 19. Misprision  
1. Any person who knows that a crime is being prepared, being carried out or 
has been carried out but fails to report it shall bear criminal responsibility for 
misprision in the circumstances specified in Article 389 hereof.  
2. A person who fails to report the crime shall n ot bear criminal responsibility as 
specified in Clause 1 of this Article if he/she is a grandparent, parent, child, 
niece/nephew, sibling, spouse of the offender, except for failure to report crimes 
against national security or other extremely serious crim es specified in Article 
389 hereof.  
3. If defender of an offender has knowledge of the crime that was committed or 
participated in by the person he/she defends while performing the defender's 
duties, the defender shall not bear criminal responsibility as s pecified in Clause 
1 of this Article, except for failure to report crimes against national security or 
other extremely serious crimes specified in Article 389 hereof.  
Chapter IV  
CASES OF EXEMPTION FROM CRIMINAL RESPONSIBILITY  
Article 20. Unexpected events  
The person who commits an act that results in harmful consequences is exempt 
from criminal responsibility if such consequences cannot be foreseen or have to 
be foreseen.  
Article 21. Lack of criminal capacity  
A person who commits an act that is dangerous to society is suffering from a 
mental disease or another disease that causes him/her to lose his/her awareness 
or control of his/her behaviors is exempt from criminal responsibility.  
Article 22. Justifiable force  
1. Justifiable force in self -defense means the a person's use of force which is 
reasonably necessary to defend against another person's infringement upon 
his/her legitimate rights or interests of himself/herself, other people, the State, 
organizations.  
The use of justifiable force does not constitu te a criminal offence.  10 
 
2. Unjustified force in self -defense means the use of force which is more than 
reasonably necessary and not appropriate for the nature and danger to society 
posed by the infringement.  
The person who uses unjustified force in self -defense shall take criminal 
responsibility as prescribed by this document.  
Article 23. Urgent circumstances  
1. An urgent circumstance is a circumstance in which there is no other way but 
an amount of damage has to be inflicted in order to prevent a greater da mage to 
lawful rights and interests of oneself, another person, the State or an 
organization.  
The act of inflicting damage in an urgent circumstance does not constitute a 
criminal offense.  
2. If the damage inflicted is reasonably unnecessary in the urgent circumstance, 
the person who inflicts such damage shall bear criminal responsibility.  
Article 24. Infliction of bodily harm while capturing criminals  
1. If violence and infliction of bodily harm to a criminal is the only way to 
capture him/her, the use of violence in this case does not constitute a criminal 
offence.  
2. If the bodily harm inflicted by the use of violence is obviously more than 
necessary, the person who inflicts such damage shall bear criminal 
responsibility.  
Article 25. Risks from researches , experiments, application of technological 
advances  
The infliction of damage during the conduction of a research, experiment or 
application of technological advances does not constitute a criminal offence 
provided the procedures and regulations are compli ed with and all preventive 
measures are taken.  
The person who fails to comply with the procedures, regulations or take all 
preventive measures and causes damage shall bear criminal responsibility.  
Article 26. Following orders of commanders or superiors  
A person who inflicts damage while following an order of his/her commander or 
superior in the army to perform national defense and security duties is exempt 
from criminal responsibility if he/she complies with procedures for reporting to 11 
 
the order giver but t he order giver still request that the order be followed. In this 
case, the order giver shall bear criminal responsibility.  
This provision does not apply to the cases specified in Clause 2 Article 421, 
Clause 2 Article 422 and Clause 2 Article 423 hereof.  
Chapter V  
TIME LIMIT FOR CRIMINAL PROSECUTION; EXEMPTION FROM 
CRIMINAL RESPONSIBILITY  
Article 27. Time limit for criminal prosecution  
1. The time limit for criminal prosecution is a time limit set out by this 
document and upon the expiration of which the of fender does not face any 
criminal prosecution.  
2. Time limits for criminal prosecution:  
a) 05 years for less serious crimes;  
b) 10 years for serious crimes;  
c) 20 years for very serious crimes;  
d) 20 years for extremely serious crimes.  
3. The time limit fo r criminal prosecution begins from the day on which the 
crime is committed. During the time limit set out in Clause 2 of this Article, if 
the offender commits another crime for which the maximum sentence is over 1 
year's imprisonment, the time limit for pr osecution for the previous crime will 
be reset and begins from the day on which the new crime is committed.  
During the time limit set out in Clause 2 of this Article, if the offender 
deliberately evades capture and a wanted notice has been issued, the tim e limit 
will begin when he/she turns himself/herself in or gets arrested.  
Article 28. Non -application of time limit for criminal prosecution  
Time limit for criminal prosecution does not apply to the following crimes:  
1. Infringement of national security sp ecified in Chapter XIII hereof;  
2. Disturbing the peace, crimes against humanity and war crimes specified in 
Chapter XXVI hereof;  
3. Embezzlement in the circumstances specified in Clause 3 and Clause 4 
Article 353 hereof; acceptance of bribes in the circum stances specified in Clause 
3 and Clause 4 Article 254 hereof.  12 
 
Article 29. Basis for exemption from criminal responsibility  
1. A criminal offender shall be exempt from criminal responsibility on one of 
the following bases:  
a) A policy or law is changed dur ing the process of investigation, prosecution or 
trial and accordingly, the offender's act is no longer dangerous to society;  
b) A general amnesty is granted.  
2. A criminal offender might be exempt from criminal responsibility on one of 
the following base s: 
a) The situation is changed during the process of investigation, prosecution or 
trial and accordingly, the offender is no longer dangerous to society;  
b) The offender has a fatal disease during the process of investigation, 
prosecution or trial and no l onger poses a threat to society;  
c) The offender confesses his/her crime, contributes to the crime discovery and 
investigation; minimizes the damage inflicted by his/her crime, have made 
reparation or special contributions that are recognized by the State and society.  
3. The person who involuntarily commits a less serious crime or a serious crime 
and causes damage to life, health, honor or property of others will be exempt 
from criminal responsibility if the aggrieved person or his/he representative 
volunta rily seeks reconciliation and requests exemption from criminal 
responsibility  
Chapter VI  
SENTENCES  
Article 30. Definition of sentence  
A sentence means the most severe coercive measure of the State specified in this 
document, taken by the Court against a pe rson or corporate legal entity that 
commits a crime in order to deprive of or limit their rights and/or interests.  
Article 31. Purposes of sentences  
Sentences are meant not only for punishing people and corporate legal entities 
that commit criminal offence s, but also raising awareness of compliance with 
law, preventing them from committing other crimes, educating other people and 
corporate legal entities in compliance with the law, prevention of and fight 
against crimes.  13 
 
Article 32. Sentences against crimin als 
1. Primary sentences:  
a) Warning;  
b) Fine;  
c) Community sentence;  
d) Expulsion;  
dd) Determinate imprisonment;  
e) Life imprisonment;  
g) Death sentence.  
2. Additional sentences:  
a) Prohibition from holding certain positions or doing certain works;  
b) Pr ohibition from residence;  
c) Mandatory supervision;  
d) Deprivation of certain citizenship rights;  
dd) Confiscation of property;  
e) Fine if no administrative penalties are imposed;  
g) Expulsion if no administrative penalties are imposed.  
3. The offender sha ll incur only one primary sentence for a crime committed and 
possibly one or more additional sentences  
Article 33. Sentences against business entities committing crimes  
1. Primary sentences:  
b) Fine;  
b) Suspension of operation;  
c) Permanent shutdown.  
2. Ad ditional sentences:  
a) Ban from operating in certain fields;  
b) Prohibition from raising capital;  
c) Fine if no administrative penalties are imposed.  14 
 
3. The corporate legal entity shall incur only one primary sentence for a criminal 
offence committed and p ossibly one or more additional sentences.  
Article 34. Warning  
Warning is imposed upon people who commit less serious crimes and have 
multiple mitigating factors but are not eligible for exemption from sentence.  
Article 35. Fine  
1. Fine is imposed as a prim ary sentence against:  
a) People who commit less serious crimes or serious crimes defined by this 
document;  
b) People who commit very serious crimes against the law on economics, 
environment, public order, public safety and other crimes defined by this 
docu ment.  
2. Fine is imposed as an additional sentence against people committing crimes 
related to corruption, drugs or other crimes defined by this document.  
3. The fine level depends on the nature and level of danger of the crime with 
account taken of the of fender's property, fluctuation of prices. Nevertheless, the 
fine must not fall under VND 1,000,000.  
4. Fines imposed upon corporate legal entities committing crimes are specified 
in Article 77 hereof.  
Article 36. Community sentence  
1. 6-month to 3 -year com munity sentence shall be imposed upon people who 
commit less serious crimes or serious crimes defined by this Law and have 
stable jobs or fixed residences and do not have to be isolated from society.  
If the convict has been kept in temporary detention, the  duration of temporary 
detention shall be deducted from the duration of community sentence: 01 day of 
temporary detention equals (=) 03 days of community sentence.  
2. The person sentenced to community sentence shall be supervised and 
educated by the organi zation or agency for which he/she works or the People’s 
Committee of the commune where he/she resides. The family of the convict has 
the responsibility to cooperate with such agency or organization or the People’s 
Committee of the commune in supervising an d educating him/her.  
3. While serving the sentence, the convict must fulfill certain duties according to 
regulations on community sentence and part of his income (5% - 20%) shall be 15 
 
extracted to pay to state budget on a monthly basis. In special cases, the  court 
might not require income deduction and specify the reason in the judgment.  
The income of a sentenced person who is doing his/her military service shall not 
be deducted.  
4. If the person sentenced to community sentence is unemployed or loses his/her 
job while serving the sentence, he/she must do works serving the community 
during the period of community sentence.  
The duration of community serving must not exceeds 04 hours per day and 05 
days per week.  
This measure must not be applied to pregnant women , women raising children 
under 06 months of age, old and weak people, people having fatal diseases, 
people having severe disabilities or extremely severe disabilities.  
People sentenced to community sentence must fulfill the duties specified in the 
Law on enforcement of criminal judgments.  
Article 37. Expulsion  
Expulsion means the act of forcing sentenced foreigners to leave the territory of 
Socialist Republic of Vietnam.  
Expulsion shall be imposed as a primary sentence or additional sentence on a 
case-by-case basis.  
Article 38. Determinate imprisonment  
1. Determinate imprisonment means forcing the convict to serve his/her 
sentence in a detention facility over a certain period of time.  
The duration of determinate imprisonment imposed upon an offender is from  03 
months to 20 years.  
The duration of temporary detention shall be deducted from the imprisonment 
duration; 01 day of temporary detention equals (=) 01 day in prison.  
2. Determinate imprisonment shall not be imposed upon a person who commits 
a less serio us crime for the first time and has a fixed residence.  
Article 39. Life imprisonment  
Life imprisonment is an indefinite imprisonment imposed upon people 
committing extremely serious crimes but not punishable by death.  16 
 
Life imprisonment shall not be imposed  upon offenders under 18 years of age 
(hereinafter referred to as juvenile offenders).  
Article 40. Death sentence  
1. Death sentence is a special sentence imposed upon people committing 
extremely serious crimes that infringe national security, human life, d rug-related 
crimes, corruption -related crimes and some other extremely serious crimes 
defined by this document.  
2. Life imprisonment shall not be imposed upon juvenile offenders, women who 
are pregnant or raising children under 36 months of age and people from 75 
years of age or older when they commit the crime or during trial.  
3. The life sentence shall not be executed in the following circumstances:  
a) The convict 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 person sentenced to death for embezzlement or taking bribes, after being 
sentenced, has returned at least one third of the property embezzled or bribes 
taken, closely cooperates with the authorities in the process of investig ation or 
trial or has made reparation in an effort to atone for the crime.  
4. In the circumstances specified in Clause 3 of this Article or the death sentence 
is commuted, the death sentence shall be replaced with life imprisonment.  
Article 41. Prohibition  from holding certain positions or doing certain 
works  
Prohibition from holding certain positions or doing certain works shall be 
imposed when the convict is deemed to cause harm to society if he/she is 
allowed to hold the positions or do the works.  
The du ration of prohibition is from 01 to 05 years from the end of the 
imprisonment or from the effective date of the judgment if the primary sentence 
is a warning, fine or community sentence or the convict is put on probation.  
Article 42. Prohibition from resid ence 
Prohibition from residence means preventing the person sentenced to 
imprisonment from temporarily or permanently residing in certain 
administrative divisions.  
The duration of prohibition is from 01 to 05 years from the end of the 
imprisonment.  17 
 
Article  43. Mandatory supervision  
Mandatory supervision means forcing a person sentenced to imprisonment to 
reside, work and live within a defined area under the supervision of the local 
authority and local people. During this period, the convict must not leave t he 
commune without permission, has some citizenship rights deprived of as 
prescribed in Article 44 hereof and is banned from doing certain works.  
Mandatory supervision shall be imposed upon people committing crimes against 
national security, dangerous reci divism and other crimes prescribed by this 
document shall be kept under surveillance.  
The duration of mandatory supervision is from 01 to 05 years from the end of 
the imprisonment.  
Article 44. Deprivation of certain citizenship rights;  
1. A Vietnamese citi zen sentenced to imprisonment for infringement of national 
security or other crimes prescribed by this document shall have one or some of 
the following citizenship rights derived of:  
a) The right to nominate oneself for a post in the authorities;  
b) The ri ght to work in regulatory agencies and serve in the people's army.  
2. The duration of citizenship right deprivation is from 01 to 05 years from the 
end of the imprisonment or from the effective date of the judgment if the convict 
is put on probation.  
Artic le 45. Confiscation of property  
Confiscation of property means confiscation and transfer of part of or all of 
property under the ownership of the convict to state budget.  
Confiscation of property shall only be imposed upon people who are convicted 
of serio us crimes, very serious crimes or extremely serious crimes against 
national security, drug -related crimes, corruption or other crimes prescribed by 
this document.  
Confiscation of property shall be so carried out that the convict and his/her 
family are stil l able to carry on their life.  
Chapter VII  
JUDICIAL MEASURES  
Article 46. Judicial measures  18 
 
1. Judicial measures taken against a person committing a crime include:  
a) Confiscation of money and items directly related to the crime;  
b) Return, repair of proper ty or provision of compensation; offering of public 
apology;  
c) Mandatory disease treatment.  
2. Judicial measures taken against a corporate legal entity committing a crime 
include:  
a) Confiscation of money and items directly related to the crime;  
b) Return , repair of property or provision of compensation; offering of public 
apology;  
c) Restoration of original state;  
d) Implementation of other measures for mitigation and prevention of 
consequences.  
Article 47. Confiscation of money and items directly related  to the crime  
1. Expropriation or destruction shall be applied to:  
a) Instruments, vehicles used for the commission of the crime;  
b) Items or money earned from the commission of the crime or from selling, 
exchanging them; illegal profits earned from the co mmission of the crime;  
c) Items banned from trading by the State.  
2. Items and money illegally appropriated or used by the offender shall be 
returned to their lawful owners or managers instead of being confiscated.  
3. Items, money under the ownership of a person might be confiscated if such 
person allows the offender to use them for the commission of the crime.  
Article 48. Return, repair of property or provision of compensation; 
offering of public apology  
1. The offender must return appropriated property to  its lawful owner or 
manager, make repair or provide compensation for the damage caused by the 
crime.  
2. If the offence results in psychological trauma of the victim, the court shall 
require the offender to provide compensation in kind and offer a public a pology.  
Article 49. Mandatory disease treatment  19 
 
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 e xamination, shall decide to 
send him/her to a specialized 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 fo rensic 
examination conclusion or mental forensic examination, the Court may decide to 
send him/her to a specialized medical facility for mandatory treatment. After the 
disease is treated, that person might bear criminal responsibility.  
3. If a person servi ng 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 specia lized medical facility for mandatory 
treatment. After the disease is treated, 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.  
Chapter  VIII  
DECISION ON SENTENCES  
Section 1. GENERAL PROVISIONS  
Article 50. Basis for decision on sentences  
1. The Court shall issue the decision on sentences pursuant to this document and 
in consideration of the nature and danger of the crime to society, record  of the 
offender, mitigating factors and aggravating factors.  
2. When imposing a fine, apart from the basis specified in Clause 1 of this 
Article, the Court shall also consider the offender's property and ability to pay 
the fine.  
Article 51. Mitigating fac tors  
1. The following circumstances are considered mitigating factors:  
a) The offender has prevented or reduced the harm caused by the crime;  
b) The offender voluntarily makes rectification, pays damages or relieves the 
consequences;  
c) The crime is consi dered unjustified force in self -defense;  20 
 
d) The crime is considered unjustified force in urgent circumstance;  
dd) The crime is considered unjustified force in capturing a criminal;  
e) The crime is committed under provocation caused by the victim's illegal acts; 
g) The crime is committed because of extreme hardship that is not on the 
offender's account;  
h) The crime has not inflicted damage or the damage inflicted is not significant;  
i) The offender commits a less serious crime and does not have prior crimin al 
record;  
k) The crime is committed because the offender threatened or coerced by others;  
l) The offender commits the crime while because of lack of awareness that is not 
on his/her account;  
m) The crime is committed due to obsolescence;  
n) The offender i s a pregnant woman;  
o) The offender is 70 years of age or older;  
p) The offender has a serious physical disability or extremely serious physical 
disability;  
g) The offender has a disease that limits his/her awareness or control of his/her 
acts; 
r) The offe nder turns himself/herself in;  
s) The offender expresses cooperative attitude or contrition;  
t) The offender arduously assisting the agencies concerned in discovery of 
crimes or investigation;  
u) The offender has made reparation in an effort to atone for t he crime;  
v) The offender is an excellent worker, soldier or student;  
x) The offender is a parent, spouse or child of a war martyr or war veteran.  
2. When issuing a decision on sentences, the Court might consider the offender's 
turning himself/herself in o r other circumstances as mitigating factors and 
specify the reasons in the judgment.  
3. If a circumstance defined as a mitigating factor this document is the basis for 
determination of a crime or sentence bracket, it shall not be considered a 
mitigating fa ctor in the decision on sentences.  21 
 
Article 52. Aggravating factors  
1. The following circumstances are considered aggravating factors:  
a) Organized crime;  
b) The crime is committed in a professional manner;  
c) The offender abuses his/her position or power t o commit the crime;  
d) The crime is of a gangster -like nature;  
dd) The crime is committed by despicable motives;  
e) The offender is determined to commit the crime to the end;  
g) The offence has been committed more than once;  
h) Recidivism or dangerous reci divism;  
i) The crime is committed against a person under 16 years of age, pregnant 
woman or a person aged 70 years or older;  
k) The crime is committed against a defenseless person, a person having a 
serious physical disability or extremely serious physical  disability, a person 
whose awareness is limited or a person who is financially, spiritually, 
professionally or otherwise dependent on the offender;  
l) The offender takes advantage of war, state of emergency, natural disaster, 
epidemic or other tragic circ umstances of society to commit the crime;  
m) The offender makes use of a sophisticated, deceitful or ruthless trick to 
commit the crime;  
n) The offender uses a trick or instrument capable of harming many people to 
commit the crime;  
o) The offender incites a person aged under 18 to commit the crime;  
p) The offender has deceitful or violent actions to conceal the crime.  
2. Circumstances defined by this document as the basis for determination of a 
crime or sentence bracket shall not be considered an aggravatin g factor.  
Article 53. Recidivism and dangerous recidivism  
1. Recidivism is a situation in which a person who has an unspent conviction for 
the same offence and deliberately commits a very serious crime or involuntarily 
commits an extremely serious crime.  
2. Dangerous recidivism is a situation in which:  22 
 
a) A person who has an unspent conviction for a deliberate very serious crime or 
extremely serious crime deliberately commits a very serious crime or an 
extremely serious crime;  
b) A person who repeated the s ame offence for which the conviction has not 
been expunged deliberately commits another criminal offence.  
Section 2. DECISION ON SENTENCES IN PARTICULAR CASES  
Article 54. Decision on a sentence below lower limit of the sentence bracket.  
1. The Court may de cide a sentence lighter than the lower limit of the current 
sentence bracket if it is in the next lighter bracket provided the offender has at 
least two mitigating factors specified in Clause 1 Article 51 hereof.  
2. The Court may decide a sentence below th e lower limit of the current 
sentence bracket and it is not required to belong to the next lighter bracket 
provided the offender is an abettor with a minor role in the offense and does not 
have prior criminal record.  
3. If all of the conditions specified i n Clause 1 or Clause 2 of this Article are 
satisfied but there is only one sentence bracket or the current sentence bracket is 
already most lenient, the Court may switch over to a lighter sentence. The 
reasons for imposition of a lighter sentence must be s pecified in the judgment.  
Article 55. Decision on sentence for multiple crimes  
When a person is tried for multiple crimes, the Court shall decide the sentence 
for each of them and combined sentence as follows:  
1. Primary sentence:  
a) If all of the sentence s imposed are community sentence or determinate 
imprisonment, they shall be combined. The combined sentence shall not exceed 
03 years for community sentence and 30 years for determinate imprisonment;  
b) If the sentences imposed include community sentence and determinate 
imprisonment, community sentence shall be converted into imprisonment. 03 
days' community sentence equals (=) 01 day's imprisonment.  
c) If the most severe sentence among the sentences imposed is life 
imprisonment, the combined sentence shal l be life imprisonment;  
d) If the most severe sentence among the sentences imposed is death sentence, 
the combined sentence shall be death sentence;  
dd) Fines shall be aggregated and shall not be combined with other sentences;  23 
 
e) Expulsion shall not be co mbined with other sentences;  
2. Additional sentence:  
a) If all of the sentences imposed are of the same type, the combined sentence 
shall not exceed the limit imposed by this document; fines shall be aggregated;  
b) If the sentences imposed are of various t ypes, the convict must serve all of 
them.  
Article 56. Combination of sentences of multiple judgments  
1. If a person who is serving a sentence is tried for a crime committed before 
such sentence is imposed, the Court shall decide the sentence for the crime being 
tried and then the combined sentence as prescribed in Article 55 hereof.  
The duration of the previous sentence shall be deducted from that of the 
combined sentence.  
2. When a person who is serving a sentence is tried for a new crime, the Court 
shall decide the sentence for the new crime, then aggregate it with the unserved 
part of the sentence to make the combined sentence as prescribed in Article 55 
hereof.  
3. If a person is serving multiple sentences that are not combined, the executive 
judge of th e Court shall issue a decision on a combined sentence as prescribed in 
Clause 1 and Clause 2 of this Article.  
Article 57. Decision on sentences for preparation of crimes or unsuccessful 
crimes  
1. A sentence for preparation of a crime or unsuccessful crime shall be decided 
in accordance with Articles on corresponding crimes hereof and vary according 
to their nature, danger to society, progress of the crime and other factors that 
prevent the crime from being committed to the end.  
2. The sentence for preparati on of a crime shall be imposed within the sentence 
brackets in particular provisions of law.  
3. The maximum sentence for the unsuccessful crime shall be 20 years if the 
maximum sentence provided for by corresponding provision of law is life 
imprisonment or  death sentence. The maximum sentence for an unsuccessful 
crime shall not exceed three fourths of the determinate imprisonment sentence 
provided for by the corresponding provision of law.  
Article 58. Decision on sentence for complicacy  24 
 
When imposing senten ces upon accomplices, the Court must consider the nature 
of complicacy and the degree of participation of each accomplice.  
Mitigating factors, aggravating factors or from criminal responsibility of an 
accomplice shall only apply to that accomplice.  
Article  59. Exemption from punishment  
The offender might be exempt from punishment in the circumstances specified 
in Clause 1 and Clause 2 Article 54 hereof, provided he/she deserves the 
leniency but not to a degree eligible for exemption from criminal responsibi lity. 
Chapter IX  
TIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM 
SERVING SENTENCES, REDUCTION OF SENTENCE DURATION  
Article 60. Time limit for judgment execution  
1. The time limit for execution of a criminal judgment means a limited period of 
time defined  by this document after which the convicted person or corporate 
legal entity is no longer required to serve the given sentence.  
2. Time limits for execution of a sentence imposed upon a person:  
a) 05 years if the sentence is a fine, community sentence or i mprisonment of 03 
years or shorter;  
b) 10 years if the sentence is imprisonment of from over 03 years to 15 years;  
c) 15 years if the sentence is imprisonment of from over 15 years to 30 years;  
d) 20 years if the sentence is life imprisonment or death.  
3. Time limits for execution of a sentence imposed upon a corporate legal entity 
is 05 years.  
4. The time limit for execution of a sentence begins from its effective date. 
Within the time limit set out in Clause 2 and Clause 3 of this Article, if the 
convicte d person or corporate legal entity commits a new crime, the time limit 
will be reset and begins from the day on which the new crime is committed.  
5. During the time limit set out in Clause 2 of this Article, if the convicted 
deliberately avoid and has a wa nted decision, the time limit will begin when 
he/she turns himself/herself in or gets arrested.  
Article 61. Non -application of time limit for sentence execution  25 
 
There are no time limits for execution of sentences for the crimes specified in 
Chapter XIII an d Chapter XXVI hereof.  
Article 62. Exemption from serving sentences  
1. A convict shall be exempt from serving his/her sentence in the event of a 
parole or general amnesty.  
2. The Court, at the request of Director of the Procuracy, might exempt a person 
who is sentenced to community sentence or imprisonment of up to 03 years and 
has not served that sentence from serving the sentence in any of the following 
circumstances:  
a) The convict has made reparation in an effort to atone for the crime after being 
convi cted;  
b) The convict has a fatal disease;  
c) The convict abides by law, his/her family is facing extreme hardship and 
he/she is considered no longer dangerous to society.  
3. The Court, at the request of Director of the Procuracy, might exempt a person 
who is sentenced to imprisonment of over 03 years and has not served that 
sentence from serving the sentence if he/she has made reparation in an effort to 
atone for the crime or has a fatal disease and considered no longer dangerous to 
society.  
4. If a person who is sentenced to imprisonment of up to 03 years, has had the 
sentence suspended and has made reparation in an effort to atone for the crime 
during the suspension period or abides by law or his/her family is facing 
extreme hardship and he/she is deemed n o longer dangerous to society, the 
Court, at the request of Director of the Procuracy, might exempt him/her from 
serving the rest of the sentence.  
5. If a fined person has served part of the sentence and is facing prolonged 
financial hardship due to a natu ral disaster, conflagration, accident or disease 
and thus no longer able to pay the remaining fine or has made reparation in an 
effort to atone for the crime, the Court, at the request of Director of the 
Procuracy, might exempt him/her from paying the rema ining fine.  
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 the criminal sentence execution authority of the district 26 
 
where h e/she serves the sentence, might exempt him/her from serving the rest of 
the sentence.  
7. The person exempt from serving a sentence as set out in this Article must 
fulfill the civil obligations specified in the judgment.  
Article 63. Commutation of sentence  
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.  
The convict must serve the sentence for a sufficient period of time which is one 
third of the duration of community sentence or determinate imprisonment  or 12 
years of the life sentence.  
2. A person might receive more than one commutation. Nevertheless, at least 
half of the sentence must be served.  
The first commutation of a life sentence shall be 30 -year imprisonment. 
Nevertheless, a life sentence must b e served for at least 20 years in reality 
regardless of the number of commutations.  
3. If a person is convicted of multiple crimes and the sentence for one of which 
is life imprisonment, the Court may only give the first commutation to 30 -year 
imprisonment  after the convict has served the sentence for 15 years. 
Nevertheless, he/she must serve the sentence for at least 25 years in reality 
regardless of the number of commutations.  
4. If a person who has received a commutation commits a new crime that is less 
serious, the Court may only give the first commutation after he/she has served 
haft of the combined sentence.  
5. If a person who has received a commutation commits a new crime that is 
serious, very serious or extremely serious, the Court may only give the first 
commutation after he/she has served two thirds of the combined sentence. If the 
combined sentence is life, commutation shall be considered in accordance with 
Clause 3 of this Article.  
6. With regard a person who is sentenced to death and receives a c ommutation 
or a person sentenced to death in the circumstances specified in Point b or Point 
c Clause 3 Article 40 hereof, the first commutation may only be given after the 27 
 
convict has served the sentence for 25 years. Nevertheless, he/she must serve the 
sentence for at least 30 years in reality.  
Article 64. Commutation under special circumstances  
If the convict deserves further leniency (he/she has made reparation in an effort 
to atone for the crime, is too old and weak or has a fatal disease), the Court m ay 
consider giving a commutation sooner or at a greater degree than those set out in 
Article 63 hereof.  
Article 65. Probation  
1. Where a person is sentenced to imprisonment of up to 03 years, in 
consideration of the offender's records and mitigating factor s, the Court might 
give probation of 1 - 5 years and request the convict to fulfill certain obligations 
during this period in accordance with the Law on criminal sentence execution if 
imprisonment is deem unnecessary.  
2. During the probation period, the pe rson put on probation shall be supervised 
and educated by the organization or agency for which he/she works or the local 
authority. The family of the convict has the responsibility to cooperate with such 
agency or organization or the local authority in sup ervising and educating 
him/her.  
3. The court may impose additional sentences upon the person put on probation 
if provided for by the applied provision of law.  
4. After the person put on probation has served half the duration of the probation 
and shows impr ovements, at the request of the supervising agency/organization, 
the Court shall consider reducing the probation period.  
5. During the probation period, if the convict deliberately fails to fulfill his/her 
obligations twice or more as prescribed by the Law  on criminal sentence 
execution, the Court might require him/her to serve the suspended imprisonment 
sentence. If the convict commits a new crime, the Court shall force him/her to 
serve a combined sentence of the suspended sentenced and the new sentence as  
prescribed in Article 56 hereof.  
Article 66. Conditional parole  
1. A person serving an imprisonment sentence (prisoner) may be granted parole 
when all of the following conditions are satisfied:  
a) The prisoner does not have prior criminal record;  28 
 
b) The p risoner shows remarkable improvements;  
c) The prisoner convicted of a serious crime, very serious crime or extremely 
serious crime has received a commutation;  
d) The prisoner has a fixed residence;  
dd) The prisoner has paid fines, legal costs and civil com pensation in full;  
e) The prisoner has served at least half of determinate imprisonment or at least 
15 years of life imprisonment commuted to determinate imprisonment.  
A prisoner who is a wounded soldier, sick soldier, member of a martyr's family, 
aged 70 or older, a person suffering from a serious physical disability or 
extremely serious physical disability, a woman raising a child under 36 months 
of age must serve at least one third of determinate imprisonment or at least 12 
years of life imprisonment com muted to determinate imprisonment;  
g) The offence is not committed in any of the circumstances specified in Clause 
2 of this Article.  
2. Parole shall not be granted to:  
a) any prisoner that is convicted of infringement of national security; terrorism, 
disruption of peace, crimes against humanity, war crimes; any person sentenced 
to 10 years' imprisonment or longer for deliberate infliction of harm to human 
life, health or dignity; any person sentenced to 7 years' imprisonment for 
robbery, kidnapping for ran som, illegal manufacturing, trading, appropriation of 
narcotic substances;  
b) any person sentenced to death and granted commutation or any person in the 
circumstances specified in Clause 3 Article 40 hereof.  
3. At the request of a competent criminal senten ce execution authority, the Court 
shall decide granting parole. The person granted parole must fulfill his/her 
obligations during the probation period. The probation period equals (=) the 
remaining duration of the imprisonment sentence.  
4. If the person gr anted parole deliberately fails to fulfill his/her obligations 
twice or more or receives 02 or more administrative penalties during the 
probation period, the Court might cancel the parole and force him/her to keep 
serving the sentence.  29 
 
If such person commi ts a new crime during the probation period, the Court shall 
force him/her to serve a combined sentence of the unserved sentenced and the 
new sentence as prescribed in Article 56 hereof.  
5. After the person granted parole has served half of the probation pe riod and 
shows remarkable improvements, at the request of the competent criminal 
sentence execution authority, the Court shall consider reducing the probation 
period.  
Article 67. Deferred imprisonment sentence  
1. A person sentenced to imprisonment (the con vict) might have the sentence 
deferred in the following cases:  
a) A convict suffering from a serious disease may have the sentence deferred 
until he/she recovers;  
b) A convict who is a pregnant woman or raising a child under 36 months of age 
may have the s entence deferred until the child reaches the age of 36 months;  
c) If the convict is the sole source of income in the family and his/her 
imprisonment causes his/her family to face extreme hardship, he/she may have 
the sentence deferred for up to 01 year, un less he/she commits a crime against 
national security, a very serious crime or extremely serious crime;  
b) A person convicted of a less serious crime may have the sentence deferred for 
up to 01 year if required by his/her official duties.  
2. During the def erment, if the convict commits a new crime, the Court shall 
require him/her to serve a sentence which is a combination of the deferred 
sentence and the new sentence as prescribed in Article 56 hereof.  
Article 68. Suspended imprisonment sentence  
1. A person  who is serving an imprisonment sentence may have the sentence 
suspended in the circumstances specified in Clause 1 Article 67 hereof.  
2. The duration of suspension shall be included in the imprisonment period.  
Chapter X  
CONVICTION EXPUNGEMENT  
Article 69. Conviction expungement  30 
 
1. A convict may have his conviction expunged in accordance with Article 70 
through 73 hereof. A person whose conviction is expunged is treated as if he/she 
does not have such conviction.  
2. People convicted of involuntary and less s erious crimes or serious crimes and 
people exempt from punishments are treated as if they do not have any 
convictions.  
Article 70. Automatic conviction expungement  
1. Automatic conviction expungement is granted to people convicted of crimes 
other than thos e specified in Chapter XIII and Chapter XXVI hereof after they 
have served their primary sentences, probation period or when the time limit for 
sentence execution expires and the conditions specified in Clause 2 and Clause 3 
of this Article are met.  
2. Aut omatic conviction expungement shall be granted to a convict if he has 
served the primary sentence or the probation period, additional punishments, 
other decisions of the judgment and does not commit any new crime during the 
periods specified below:  
a) 01 y ear in case of a warning, fine, community sentence or suspended 
imprisonment;  
b) 02 years in case of imprisonment of up to 05 years;  
c) 03 years in case of imprisonment from over 05 years to 15 years;  
d) 05 years in case of imprisonment of over 15 years or  commuted life 
imprisonment.  
A convict serving an additional punishment that is mandatory supervision, 
prohibition from residence, prohibition from holding certain positions, 
prohibition from doing certain jobs, deprivation of certain citizenship rights fo r a 
period longer than those specified in Point a, b and c of this Clause, automatic 
conviction expungement shall be granted when he/she finishes serving the 
additional punishment.  
3. Automatic conviction expungement shall be granted to a convict if he/she  
does not commit any new crime during the period specified in Clause 2 of this 
Article from the end of the time limit for sentence execution.  
4. The agency managing criminal record database shall update information 
about criminal records of the convicts an d issue criminal records which contains 31 
 
certification of no convictions on request if all conditions specified in Clause 2 
or Clause 3 of this Article are satisfied.  
Article 71. Conviction expungement under a court's decision  
1. Conviction expungement unde r a court's is granted to people convicted of 
crimes specified in Chapter XIII and Chapter XXVI hereof after they have 
served their primary sentences, probation period or when the time limit for 
sentence execution expires and the conditions specified in Cl ause 2 and Clause 3 
of this Article are met.  
The court shall decide whether to grant conviction expungement to people 
convicted of the criminal offences specified in Chapter XIII and Chapter XXVI 
hereof in consideration of the nature of the crimes committe d, the convicts' 
obedience to the law and working attitude.  
2. The court shall grant conviction expungement if the convict, after serving the 
primary sentence or probation period as well as additional sentences and other 
decisions of the judgment, does not  commit any new crime over the following 
periods:  
a) 03 years in case of warning, community sentence or imprisonment of up to 05 
years;  
b) 05 years in case of 05 - 15 years' imprisonment;  
c) 07 years in case of > 15 years' imprisonment, life imprisonment o r death 
sentence that is commuted.  
If the convict is serving an additional sentence which is mandatory supervision, 
prohibition from residence or deprivation of certain citizenship rights for a 
longer period than that specified in Point a of this Clause, c onviction 
expungement shall be considered when he/she finishes serving the additional 
sentence.  
3. If a convict does not commit any new crime during the period specified in 
Clause 2 of this Article from the expiration of the time limit for sentence 
executi on. 
4. If an application for conviction expungement is rejected for the first time, it 
may only be resubmitted after 01 year; if the application for conviction 
expungement is rejected for the second time, it may only be resubmitted after 02 
years.  
Article  72. Special cases of conviction expungement  32 
 
Where a convict shows remarkable improvements and has made reparation in an 
effort to atone for the crime and conviction expungement is requested by his/her 
employer or local authority, the court shall decide to  grant conviction 
expungement if has served at least one third of the period specified in Clause 2 
Article 70 and Clause 2 Article 71 of this Law.  
Article 73. Period after which a conviction may be expunged  
1. The period after which a conviction may be exp unged specified in Article 70 
and Article 71 hereof depends on the primary sentence.  
2. If the convict who has not had the conviction expunged commits a new crime 
which leads to a conviction under an effective judgment, the period after which 
the convictio n may be expunged shall start over from the day on which the 
primary sentence has been served or the end of the probation period of the new 
judgment or from the deadline for execution of the new judgment.  
3. If the convict has committed more than one crime  and one of which is 
naturally eligible for expungement, one of which is eligible for expungement 
under a court's decision, the court shall decide expungement according to the 
period specified in Article 71 hereof.  
4. Where a person is exempt from serving the remaining sentence, it will be 
considered that the sentence has been served.  
 Chapter XI  
REGULATIONS APPLIED TO COMMERCIAL LEGAL ENTITIES 
COMMITTING CRIMINAL OFFENCES  
Article 74. Application of Criminal Code to corporate legal entities 
committing crimi nal offences  
A corporate legal entity shall bear criminal responsibility according to this 
Chapter, other regulations of Part One hereof that do not contravene this 
Chapter.  
Article 75. Conditions for a corporate legal entity to bear criminal 
responsibilit y 
1. A corporate legal entity shall only bear criminal responsibility if all of the 
following conditions are satisfied:  
a) The criminal offence is committed in the name of the corporate legal entity;  33 
 
b) The criminal offence is committed in the interests of  the corporate legal 
entity;  
c) The criminal offence is under instructions or approval of the corporate legal 
entity;  
d) The time limit for criminal prosecution specified in Clause 2 and Clause 3 
Article 27 hereof has not expired.  
2. The fact that corporat e legal entity has criminal responsibility does not 
exempt criminal responsibility of individuals.   
Article 76. Scope of criminal responsibility of corporate legal entities  
A corporate legal entity shall only bear criminal responsibility for the following 
criminal offences:  
1. Article 188 (Smuggling); Article 189 (Illegal trafficking of goods or money 
across the border); Article 190 (Manufacture or trading of banned commodities); 
Article 191 (Possession or transport of banned commodities); Article 192 
(manu facture or trading of counterfeit  goods); Article 193  (manufacture or 
trading of counterfeit foods, foodstuff or food additives); Article 194 
(Manufacture of trading of counterfeit medicines for treatment or prevention of 
diseases); Article 195 (Manufactur e or trading of counterfeit animal feeds, 
fertilizers, veterinary medicine, pesticides, plant  and animal breeds  protection 
medicine ); Article 196 (Hoarding); Article 200 (Tax evasion); Article 203 
(Illegal printing, issuance, trading of invoices or receipt s); Article 209 
(Deliberate publishing of false information or concealment of information in 
securities activities); Article 210 (Use of internal information to deal in 
securities); Article 211 (Cornering the stock market); Article 213 (Commission 
of fraud s in insurance business); Article 216 (Evasion of social insurance, health 
insurance, unemployment insurance payment for employees); Article 217 
(Violations against regulations on competition); Article 225 (Infringement of 
copyrights and rel ated rights); A rticle 226 (Infringement of industrial property 
rights); Article 227 (violations against regulations on survey, exploration and 
extraction of natural resources); Article 232 (Violations against regulations on 
forest extraction and protection); Article 234 (Violations against regulations on 
management and protection of wild animals);  34 
 
2. Article 235 (Causing environmental pollution); Article 237 (Violations 
against regulations on environmental emergency prevention, response and 
relief); Article 238 (Violation s against regulations on protection of irrigation 
works, embankments and works for protection against natural disasters; 
Violations against regulations on protection of river banks); Article 239 (Import 
of wastes into Vietnam’s territory); Article 22 (Dest ruction of aquatic 
resources); Article 243 (Forest destruction); Article 244 (Violations against 
regulations on management and protection of endangered, rare animals); Article 
245 (Violations against regulations on management of wildlife sanctuaries); 
Article 246 (Import and spread of invasive alien species).  
Article 77. Fine  
1. Fine is imposed as a primary punishment or additional punishment against 
corporate legal entities committing criminal offences.  
2. The fine level depends on the nature and level of danger of the criminal 
offence with account taken of the offender's financial capacity and fluctuation of 
prices. Nevertheless, the fine must not fall under VND 50,000,000.  
Article 78. Suspension of operation  
1. Suspension of operation means suspension of a corporate legal entity's 
activities in one or some fields in which the corporate legal entity harms human 
life, health, the environment, social security or order and the damage can be 
repaired in reality.  
2. The suspension period is from 06 months to 03 years.  
Article 79. Permanent shutdown  
1. Permanent shutdown means termination of a corporate legal entity's activities 
in one or some fields in which the corporate legal entity causes damage or 
possibly harms life, health of many people, causes environment al emergencies 
or negatively impact social security or order and the damage cannot be repaired.  
2. A corporate legal entity is established for the sole purpose of committing the 
criminal offence shall have all of its activities permanently terminated.  
Article 80. Ban from operating in certain fields  
1. Ban from certain fields shall be imposed if it is considered that the convicted 
corporate legal entity might harm human life, health or society if it keeps 
operating in such fields.  35 
 
2. The court shall decide the fields from which the convicted entity is banned.  
3. The duration of ban is from 01 to 03 years from the effective date of the 
judgment.  
Article 81. Prohibition from raising capital  
1. Prohibition from raising capital shall be applied if it is consider ed that the 
convicted corporate legal entity might harm human life, health or society if it 
keeps operating in such fields.  
2. Types of prohibition from raising capital:  
a) Prohibition from taking loans from banks, credit institutions and or 
investment fun ds; 
b) Prohibition from issuance and securities offering;  
c) Prohibition from raising capital from clients;  
d) Prohibition from cooperation and association both in Vietnam and overseas;  
dd) Prohibition from establishing real estate trusts.  
3. The court sha ll decide on one or some of the types of prohibition specified in 
Clause 2 of this Article.  
4. The duration of prohibition from raising capital is from 01 to 03 years from 
the effective date of the judgment.  
Article 82. Judicial measures taken against corp orate legal entities 
committing criminal offences  
1. The Court may decide to take the following judicial measures against a 
corporate legal entity committing criminal offences:  
a) The judicial measures specified in Article 47 and Article 48 hereof;  
b) Comp ulsory restoration of original state;  
c) Compulsory implementation of some measures for mitigation and prevention 
of consequences.  
2. The court may require the offending entity to restore the original state which 
was changed by its criminal offence.  
3. The  court, on a case -by-case basis, may require the offending entity to 
implement one or some of the following measures for mitigation and prevention 
of consequences of the offence:  36 
 
a) Compulsory dismantlement of the work or part of the work that is not 
licen sed or built against the license;  
b) Compulsory relief of environmental pollution or spread of disease;  
c) Compulsory removal from Vietnam’s territory or re -export of goods, vehicles 
taken into Vietnam’s territory against regulations of law or those tempor arily 
imported but have not been re -exported as prescribed by law; imported or 
transited goods that infringe intellectual property rights; counterfeit goods; 
vehicles, raw materials imported for manufacture or trading of counterfeit goods 
after the element s of violation have been removed;  
d) Compulsory destruction of goods or items that harm health of humans, 
animals, plants and the environment; obscene materials or other exhibits subject 
to destruction as prescribed by law;  
dd) Compulsory removal of violat ion elements on the goods, goods labels, 
means of trading or items;  
e) Compulsory recall of violating products being sold on the market.  
Article 83. Basis for deciding punishments against offending corporate legal 
entities  
The Court, pursuant to this docu ment and in consideration of the nature and 
danger of the criminal offence to society, offending entity's observation of law, 
mitigating and aggravating factors, to decide the punishment.  
Article 84. Mitigating factors mitigating factors and criminal respo nsibility 
of corporate legal entity  
1. The following circumstances are mitigating factors:  
a) The offender has prevented or reduced the harm caused by the criminal 
offence;  
b) The offender voluntarily makes rectification, pays damages or relieves the 
conse quences;  
c) The criminal offence has not caused any damage or the damage caused is 
insignificant;  
d) The offender offers cooperation with proceeding agencies during the 
proceedings;  
dd) The offender has considerable contributions to implementation of socia l 
policies.  37 
 
2. When deciding the punishments, the Court might consider the offender's other 
circumstances as mitigating factors and specify the reasons in the judgment.  
3. If a circumstance defined as a mitigating factor this document is the basis for 
determination of a crime or punishment bracket, it shall not be considered a 
mitigating factor in the decision on punishments.  
Article 85. Aggravating factors applied to corporate legal entities  
1. The following circumstances are considered aggravating factors : 
a) Committing the criminal offence in collusion with another corporate legal 
entity;  
b) Deliberately committing the criminal offence to the end;  
c) The offence has been committed more than once;  
d) Recidivism or dangerous recidivism;  
dd) The offender tak es advantage of war, state of emergency, natural disaster, 
epidemic or other tragic circumstances of society to commit the criminal 
offence;  
e) The offender makes use of sophisticated tricks to commit or conceal the 
criminal offence.  
2. Circumstances defin ed by this document as the basis for determination of a 
criminal offence or punishment bracket shall not be considered an aggravating 
factor.  
Article 86. Decision on punishment for commission of multiple criminal 
offences  
When a corporate legal entity is t ried for multiple criminal offences, the Court 
shall decide the punishment for each of them and combined punishment as 
follows:  
1. Primary punishment:  
a) If all punishments are fines, they shall be aggregated;  
b) Punishments being suspension of activities  in specific fields shall not be 
combined;  
c) Fines shall not be combined with other punishments;  
2. Additional punishment:  38 
 
a) If all of the punishments imposed are the of the same type, the combined 
punishment shall not exceed the limits specified in this  document applied to 
such punishment; fines shall be aggregated;  
b) If the punishments imposed are of various types, the convicted corporate legal 
entity must serve all of them.  
Article 87. Combination of punishments of multiple judgments  
1. If a corporate  legal entity that is serving a sentence is tried for a criminal 
offence committed before such sentence is imposed, the Court shall decide the 
sentence for the criminal offence being tried and then the combined sentence as 
prescribed in Article 86 hereof.  
The duration of the previous sentence that is suspension of operation, 
prohibition from operating in certain fields or ban from raising capital shall be 
deducted from that of the combined sentence.  
2. When a corporate legal entity that is serving a sentenc e commits a new 
criminal offence, the Court shall decide the sentence for the new offence, then 
aggregate it with the unserved part of the sentence to make the combined 
sentence as prescribed in Article 86 hereof.  
3. If a corporate legal entity is serving  multiple sentences that are not combined, 
the executive judge of the Court shall issue a decision on a combined sentence 
as prescribed in Clause 1 and Clause 2 of this Article.  
Article 88. Exemption of punishment  
An offending corporate legal entity may be  exempt from punishment after the 
damage has been repaired and compensation has been paid.  
Article 89. Expungement of conviction  
A convicted corporate legal entity shall automatically have its conviction 
expunged if it does not commit any new criminal offe nce for 02 years from the 
day on which the primary punishments, additional punishments, other decisions 
of the judgment are served or from the expiration of the time limit for execution 
of the judgment.  
Chapter XII  
REGULATIONS APPLIED TO JUVENILE OFFENDERS  
Section 1. GENERAL REGULATIONS ON CRIMINAL PROSECUTION 
AGAINST JUVENILE OFFENDERS  39 
 
Article 90. Application of Criminal Code to juvenile offenders  
A person aged from 14 to under 18 who commits a criminal offence shall take 
criminal responsibility in accorda nce with this Chapter, other regulations of Part 
One hereof that do not contravene this Chapter.  
Article 91. Rules for taking actions against juvenile offenders  
1. Actions against juvenile offenders must be taken in their best interests and for 
the purpose  of education, helping them to rectify their wrongdoing, develop 
healthily and become a helpful citizen.  
Actions taken against juvenile offenders depend on their ages, awareness of their 
criminal acts, reasons and circumstances in which the criminal offenc es are 
committed.  
2. A juvenile offender who commits a criminal offence in any of the following 
circumstances and has more than one mitigating factors, voluntarily repairs the 
most part of the damage caused may be exempt from criminal responsibility and 
the measures specified in Section 2 of this Chapter, provided it is not the case 
specified in Article 29 hereof:  
a) A person aged from 16 to under 18 commits a less serious crime or serious 
crime, except in the circumstances specified in Article 134 (deliber ate infliction 
of bodily harm upon another person); Article 141 (Rape); Article 171 
(Snatching); Article 248 (Illegal manufacture of narcotic substances); Article 
249 (Illegal possession of narcotic substances); Article 250 (Illegal trafficking of 
narcotic  substances); Article 251 (Illegal dealing in narcotic substances); Article 
252 (Appropriation of narcotic substances) hereof;  
b) A person aged from 14 to under 16 deliberately commits a very serious crime 
or serious crime specified in Clause 2 Article 12  hereof, except in the 
circumstances specified in Article 134 (homicide); Article 134, Clause 4 through 
6 (Deliberate infliction of bodily harm upon another person); Article 141 
(Rape); Article 142 (Rape of a person aged under 16); Article 144 (Non -
consens ual intercourse with a person aged from 13 to under 16); Article 150 
(Human trafficking); Article 151 (Trafficking of a person aged under 16); 
Article 168 (Robbery); Article 171 (Snatching); Article 248 (Illegal manufacture 
of narcotic substances); Article  249 (Illegal possession of narcotic substances); 
Article 250 (Illegal trafficking of narcotic substances); Article 251 (Illegal 
dealing in narcotic substances); Article 252 (Appropriation of narcotic 
substances) hereof;  40 
 
c) The juvenile offender is an acc omplice who has a minor role in the 
commission of the criminal offence.  
3. Criminal prosecution against a juvenile offender shall only be initiated if 
necessary with account taken of his/her record, the danger to society of his/her 
offence and requirements  for crime prevention.  
4. At the trial, the court shall only impose a sentence upon a juvenile offender if 
it is considered that the exemption of criminal responsibility and application any 
of the measures specified in Section 2 or compulsory education in a correctional 
institution specified in Section 3 of this Chapter do not have sufficient 
educational and deterrent effects.  
5. Life imprisonment and death sentence shall not be imposed upon a juvenile 
offender.  
6. The court shall only impose imprisonment u pon a juvenile offender if it is 
considered that other punishments and educational measures do not have 
sufficient deterrent effects.  
Where imprisonment is necessary, it shall be as short as is reasonable and more 
lenient that than applied to a person aged  18 and above (hereinafter referred to 
as adult offender) who commits a similar crime.  
Additional punishments shall not be shall not be imposed upon a juvenile 
offender.  
7. A sentence imposed upon an offender aged under 16 shall not be used as the 
basis fo r determination of recidivism or dangerous recidivism.  
Section 2. SUPERVISORY AND EDUCATIONAL MEASURES IN CASE 
OF EXEMPTION FROM CRIMINAL RESPONSIBILITY  
Article 92. Conditions  
The investigating authority, the procuracy or the court shall only grant 
exempti on of criminal responsibility and issue reprimand, call for reconciliation 
or implement compulsory educational measures in the community if the juvenile 
offender or his/her legal representative accepts one of such measures.  
Article 93. Reprimand  
1. A repr imand shall be issued against a juvenile offender in the following cases 
in order to help him/her be aware of his/her criminal act and it consequences for 
the community, society and his/her obligations:  41 
 
a) An offender aged from 16 to under 18 commits a le ss serious crime for the 
first time;  
b) An offender aged under 18 is an accomplice who has an insignificant role in 
the commission of the crime.  
2. The investigating authority, the procuracy or the court shall decide the 
issuance of reprimand. The issuance  of a reprimand against a juvenile offender 
must be witnessed by his/her parent or legal representative.  
3. The reprimanded person has the obligations to:  
a) Comply with the law, rules of his/her community, school and workplace;  
b) Report for duty at the r equest of a competent authority;  
c) Participate in educational programs and vocational training programs held by 
the local government; do appropriate jobs.  
4. The competent authority shall decide the time limit for fulfilling the 
obligations specified in P oint b and Point c Clause 3 of this Article on a case -by-
case basis, which is from 03 months to 01 year.  
Article 94. Reconciliation  
1. Reconciliation shall be applied to a juvenile offender in the following cases:  
a) An offender aged from 16 to under 18 c ommits a less serious crime or serious 
crime;  
b) An offender aged from 14 to under 16 commits a very serious crime specified 
in Point b Clause 2 Article 91 hereof.  
2. The investigating authority, the procuracy or the court shall cooperate with 
the People’s  Committee of the commune to organize the reconciliation when the 
victim or his/her legal representative voluntarily seek reconciliation and request 
exemption of criminal responsibility.  
3. The person subject to reconciliation has the obligations to:  
a) Of fer the victim apologies and pay damages;  
b) Fulfill the obligations specified in Clause 3 Article 93 hereof.  
Article 95. Compulsory educational measures in the commune  
1. The investigating authority, the procuracy or the court may apply education in 
the c ommune for 01 to 02 years to a juvenile offender in the following cases:  42 
 
b) An offender aged from 16 to under 18 commits a less serious crime or serious 
crime specified in Point a Clause 2 Article 91 hereof;  
b) An offender aged from 14 to under 16 commits a very serious crime specified 
in Point b Clause 2 Article 91 hereof.  
2. The subject to supervisory and educational measures has the obligations to:  
a) Fulfill his/her study and work duties;  
b) Be supervised and educated by his/her family and commune gover nment;  
c) Not leave the commune without permission;  
d) Fulfill the obligations specified in Clause 3 Article 93 hereof.  
3. If the person subject to educational measures has served one half of the 
duration and shows remarkable improvements, the agency that imposes the 
measures may terminate the measures at the request of the People’s Committee 
of the commune.  
Section 3. COMPULSORY EDUCATION IN CORRECTIONAL 
INSTITUTIONS  
Article 96. Education in correctional institutions  
1. The court may subject a juvenile off ender to compulsory education in 
correctional institutions for 01 - 02 years if the criminal act is considered serious 
or the measure is necessary because of his/her record or living environment.  
2. The person sent to a correctional institution must fulfil l his/her study and 
work duties under the supervision of the institution.  
Article 97. Early termination of education in correctional institutions  
If the person subject to educational measures has served one half of the duration 
and shows remarkable improve ments, the court may terminate the measures at 
the request of the institution.  
Section 4. PUNISHMENTS  
Article 98. Punishments imposed upon juvenile offenders  
A juvenile offender shall face one of the following punishments for each 
criminal offence committe d: 
1. Warning;  
2. Fine;  43 
 
3. Community sentence;  
4. Imprisonment.  
Article 99. Fine  
A fine shall be imposed as an administrative penalty upon an offender aged from 
16 to under 18 if he/she has income or private property.  
The fine incurred by an offender aged from 16 to under 18 shall not exceed one 
half of the fine specified by the law.  
Article 100. Community sentence  
1. Community sentence shall be imposed upon an offender aged from 16 to 
under 18 who involuntarily commits a less serious crime, serious crime o r very 
serious crime or an offender aged from 14 to under 16 who deliberately commits 
a very serious crime.  
2. When community sentence is imposed upon a juvenile offender, his/her 
income must not be deducted.  
The duration of community sentence imposed upon  a juvenile offender shall not 
exceed one third of the duration specified by the law.  
Article 101. Determinate imprisonment  
1. If the punishment for a crime is life imprisonment or death sentence as 
prescribed by law, the heaviest sentence imposed upon an offender aged from 16 
to under 18 shall not exceed 18 years; If the punishment for a crime is 
determinate imprisonment, the heaviest sentence imposed upon an offender aged 
from 16 to under 18 shall not exceed three quarters of the duration prescribed by 
law; 
2. If the punishment for a crime is life imprisonment or death sentence as 
prescribed by law, the heaviest sentence imposed upon an offender aged from 14 
to under 16 shall not exceed 12 years; If the punishment for a crime is 
determinate imprisonment, t he heaviest sentence imposed upon an offender aged 
from 16 to under 18 shall not exceed one half of the duration prescribed by law.  
Section 5. SENTENCE DECISION, COMBINED DECISION, SENTENCE 
EXEMPTION OR COMMUTATION, CONVICTION EXPUNGEMENT  
Article 102. Deci sion on a sentence for preparation of a crime or 
unsuccessful crime  44 
 
1. The court shall impose a sentence upon a juvenile offender for preparation of 
a crime or unsuccessful crime in accordance with Clause 1 Article 57 hereof.  
2. The heaviest sentence impos ed upon an offender aged from 14 to under 16 for 
preparation of a crime shall not exceed one third of the sentence for preparation 
of a crime prescribed by law.  
The heaviest sentence imposed upon an offender aged from 16 to under 18 for 
preparation of a cr ime shall not exceed one third of the sentence in the bracket 
for preparation of a crime prescribed by law.  
3. The heaviest sentence imposed upon an offender aged from 16 to under 18 for 
unsuccessful crime shall not exceed one third of the heaviest senten ce specified 
in Article 100 and Article 101 hereof.  
The heaviest sentence imposed upon an offender aged from 16 to under 18 shall 
not exceed one half of the sentence specified in Article 99 through 101 hereof.  
Article 103. Combined sentence for multiple cr imes  
1. Where a juvenile offender commits multiple crimes, the court shall impose a 
sentence for each of them and a combined sentence in accordance with Article 
55 hereof.  
If the combined sentence is community sentence, the duration shall not exceed 
03 yea rs. If the combined sentence is determinate imprisonment, its duration 
shall not exceed 18 years for an offender aged from 16 to under 18 and 12 years 
for an offender aged from 14 to under 16.  
2. Where a juvenile offender commits multiple crimes and one or  some of which 
are committed before he/she reaches the age of 16 and the other afterwards:  
a) If the sentence for the crime committed before the offender reaches the age of 
16 is heavier or the same as that for the crime committed afterwards, the 
combined sentence shall not exceed the heaviest sentence imposed upon an 
offender aged from 14 to under 16 prescribed in Clause 1 of this Article;  
a) If the sentence for the crime committed after the offender has reached the age 
of 16 is heavier or the same as that  for the crime committed before the offender 
reaches the age of 16, the combined sentence shall not exceed the heaviest 
sentence imposed upon an offender aged from 14 to under 16 prescribed in 
Clause 1 of this Article;  
3. Where a juvenile offender commits multiple crimes and one or some of which 
are committed when he/she reaches the age of 18 and the other afterwards:  45 
 
a) If the sentence for the crime committed before the offender reaches the age of 
18 is heavier or the same as that for the crime committed a fterwards, the 
combined sentence shall not exceed the heaviest sentence specified in Clause 1 
of this Article;  
b) If the sentence for the crime committed when the offender has reached the 
age of 18 is heavier or the same as that for the crime committed bef ore the 
offender reaches the age of 18, the combined sentence shall be the same as that 
imposed upon an adult offender.  
Article 104. Combination of punishments of multiple judgments  
If a person who is serving a sentence is tried for a crime committed befor e or 
after such sentence is imposed, the Court shall impose a combined sentence in 
accordance with Article 55 and Article 56 hereof.  
The combined sentence must not exceed the heaviest sentence specified in 
Article 103 hereof.  
Article 105. Sentence commutat ion 
1. If a juvenile offender who is sentenced to community sentence or 
imprisonment has shown improvements and has served one quarter of the 
sentence, the court shall consider commuting the sentence. Each commutation 
may reduce the sentence by up to 04 ye ars, provided the offender has to serve at 
least 2/5 of the sentence.  
2. If a juvenile offender who is sentenced to community sentence or 
imprisonment has made reparation in an effort to atone for the crime or has a 
fatal disease, commutation shall be cons idered and the remaining sentence may 
be cancelled.  
3. If the sentence imposed upon a juvenile offender is a fine but he/she is facing 
prolonged financial hardship due to a natural disaster, conflagration, accident or 
disease or has made reparation in an e ffort to atone for the crime, the court, at 
the request of Director of the Procuracy, might exempt him/her from paying the 
remaining fine.  
Article 106. Conditional parole  
1. A juvenile offender who is serving an imprisonment sentence may be given a 
parole if all of the following conditions are satisfied, except in the circumstances 
specified in Clause 2 Article 66 hereof:  
a) The convict does not have prior criminal record;  46 
 
b) He/she shows remarkable improvements;  
c) The convict has served one third of the sentence duration;  
d) The prisoner has a fixed residence;  
2. Conditional parole shall be granted in accordance with Clause 3 through 5 
Article 66 hereof.  
Article 107. Expungement of conviction  
1. A juvenile offender shall be treated as if he/she does not h ave a conviction in 
any of the following circumstances:  
a) The offender is from 14 to under 16 years of age;  
b) The offender aged from 16 to under 18 is convicted of a less serious crime, 
serious crime or an involuntary very serious crime;  
c) Judicial meas ures specified in Section 3 of this Chapter are taken.  
2. A person aged from 16 to under 18 who is convicted of a deliberate very 
serious crime or extremely serious crime shall automatically have his/her 
conviction expunged if he/she does not commit any ne w crime for 03 years from 
the day on which the primary sentence is served or from the expiration of the 
time limit for sentence execution.  
Part Two  
CRIMINAL OFFENCES  
Chapter XIII  
INFRINGEMENT OF NATIONAL SECURITY  
Article 108. High treason  
1. Any Vietnamese  citizen who colludes with foreign entities in infringing the 
independence, sovereignty and territorial integrity of Vietnam, the socialism 
regime and the State of Socialist Republic of Vietnam, its national defense and 
security shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or 
death.  
2. If the offence involves multiple mitigating factors, imprisonment duration 
shall be 07 - 15 years.  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty  of 01 - 05 years' imprisonment.  47 
 
Article 109. Activities against the people's government  
Any person who establishes or joins an organization that acts against the 
people's government shall face the following sentences:  
1. The organizer, instigator or perso n whose activities cause serious 
consequences shall face a penalty of 12 - 20 years' imprisonment, life 
imprisonment or death;  
2. Any accomplice shall face a penalty of 05 - 12 years' imprisonment;  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
Article 110. Espionage  
1. A person who commits any of the acts below shall face a penalty of 12 - 20 
years' imprisonment, life imprisonment or death:  
a) Espionage, sabotage or esta blishment 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 foreigne rs 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.  
2. A less s erious case of this offence carries a penalty of 05 - 15 years' 
imprisonment.  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
4. A person who operates as a spy, fails to a ccomplish his/her missions and turns 
himself/herself in shall be exempt from criminal responsibility for this offence.  
Article 111. Infringement upon territory  
Any person who infringes upon Vietnam's territory, distorts the national border 
or commits any  other act for the purpose of infringing the territory of Socialist 
Republic of Vietnam shall face the following penalties:  
1. The organizer or person whose activities cause serious consequences shall 
face a penalty of 12 - 20 years' imprisonment or life i mprisonment;  48 
 
2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
Article 112. Rebellion  
Any person who engages in armed activities or uses organized force to act 
against the people's government shall face the following penalties:  
1. The organizer or person whose activities cause serious consequences shall 
face a penalty of 12 - 20 years' imprisonment, life imprisonment or death;  
2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
Article 113. Terrorism to opp ose the people's government  
1. Any person who, for the purpose of opposing the people's government, 
infringes upon life of officials or other people shall face a penalty of 12 - 20 
years' imprisonment, life imprisonment or death.  
2. The following offences carry 10 - 15 years' imprisonment:  
a) Establishing, joining a terrorist organization or an organization sponsoring 
terrorism;  
b) Forcing, persuading other people to participate in terrorism; recruiting, 
training terrorists; manufacturing, providing weapons  for terrorists;  
c) Infringing upon bodily integrity, health of officials or other people.  
3. An offence that involves death threats or mental intimidation carries a penalty 
of 5 - 10 years' imprisonment.  
4. Terrorist acts against foreign organizations, in dividuals or international 
organizations for the purpose of destroying the Vietnam's international 
relationship also carry the penalties specified in this Article.  
5. Any person who makes preparation for the commission of this criminal 
offence shall face a  penalty of 01 - 05 years' imprisonment.  
Article 114. Sabotaging facilities of Socialist Republic of Vietnam;  
1. Any person who, for the purpose of opposing the people's government, 
sabotages political, national defense, national security, economic, scient ific, 49 
 
technological, cultural or social facilities of Socialist Republic of shall face a 
penalty of 12 - 20 years' imprisonment, life imprisonment or death.  
2. A less serious case of this offence carries a penalty of 05 - 15 years' 
imprisonment.  
3. Any per son who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
Article 115. Sabotaging implementation of socio -economic policies  
1. Any person who, for the purpose of opposing the people's governm ent, 
sabotages the implementation of socio -economic policies shall face a penalty of 
07 - 15 years' imprisonment.  
2. A less serious case of this offence carries a penalty of 03 - 07 years' 
imprisonment.  
3. Any person who makes preparation for the commissio n of this offence shall 
face a penalty of 06 - 36 months'' imprisonment.  
Article 116. Sabotaging implementation of solidarity policies  
1. Any person who, for the purposes of opposing the people's government, 
commits any of the following acts shall face a p enalty of 07 - 15 years' 
imprisonment:  
a) Sowing divisions between the classes of people, between the people and 
people's government, the people’s armed forces or socio -political organizations;  
b) Causing hostility, discrimination, secession, infringement upon equality rights 
among the ethnic communities of Vietnam;  
c) Sowing division between religion followers and non -followers, between 
religions, between religion followers and people's government or socio -political 
organizations;  
d) Sabotaging the impleme ntation of international solidarity policies.  
2. A less serious case of this offence carries a penalty of 02 - 07 years' 
imprisonment.  
3. Any person who makes preparation for the commission of this offence shall 
face a penalty of 06 - 36 months' imprisonme nt. 
Article 117. Making, possessing, spreading information, materials, items for 
the purpose of opposing the State of Socialist Republic of Vietnam  50 
 
1. Any person who, for the purpose of opposing the State of Socialist Republic 
of Vietnam, commits any of th e following acts shall face a penalty of 05 - 12 
years' imprisonment:  
a) Making, possessing, spreading information, materials, items whose that 
contains distorted information about the people's government;  
b) Making, possessing, spreading information, mate rials, items whose that 
contains fabricated information to cause dismay among the people;  
c) Making, possessing, spreading information, materials, items to cause 
psychological warfare.  
2. An extremely serious case of this offence carries a penalty of 10 - 20 years' 
imprisonment.  
3. Any person who makes preparation for the commission of this criminal 
offence shall face a penalty of 01 - 05 years' imprisonment.  
Article 118. Disruption of security  
1. Any person who, for the purpose of opposing the people's gov ernment, 
incites, persuades, gathers other people to disrupt security, resists law 
enforcement officers in the performance of their duties, obstruct the operation of 
agencies or organizations shall face a penalty of 05 - 15 years' imprisonment, 
except in t he circumstances specified in Article 112 hereof.  
2. Any accomplice shall face a penalty of 02 - 07 years' imprisonment.  
3. Any person who makes preparation for the commission of this offence shall 
face a penalty of 06 - 36 months'' imprisonment.  
Article 1 19. Disruption of detention facilities  
1. Any person who, for the purpose of opposing the people's government, causes 
disruption at a detention facility, assisting other people to escape from a 
detention facility, replace a detained or escorted person or e scapes from a 
detention facility shall face a penalty of 10 - 20 years' imprisonment or life 
imprisonment.  
2. A less serious case of this offence carries a penalty of 03 - 10 years' 
imprisonment.  
3. Any person who makes preparation for the commission of th is offence shall 
face a penalty of 01 - 05 years' imprisonment.  51 
 
Article 120. Organizing, coercing, instigating illegal emigration for the 
purpose of opposing the people's government  
1. Any person who, for the purpose of opposing the people's government, 
assists, forces or persuades other people to emigrate illegally shall face a penalty 
of 05 - 15 years' imprisonment.  
2. An extremely serious case of this offence carries a penalty of 12 - 20 years' 
imprisonment or life imprisonment.  
3. Any person who makes preparation for the commission of this offence shall 
face a penalty of 01 - 05 years' imprisonment.  
Article 121. Illegal emigration for the purpose of opposing the people's 
government  
1. Any person who, for the purpose of opposing the people's government,  
emigrates illegally shall face a penalty of 03 - 12 years' imprisonment.  
2. An extremely serious case of this offence carries a penalty of 12 - 20 years' 
imprisonment.  
3. Any person who makes preparation for the commission of this offence shall 
face a pen alty of 01 - 05 years' imprisonment.  
Article 122. Additional punishment  
A person who commits an offence specified in this Chapter may have some of 
his/her citizenship rights deprived of, be put under mandatory supervision, be 
prohibited from residence for 01 - 05 years or have all or part of his/her property 
confiscated.  
Chapter XIV  
OFFENCES AGAINST THE PERSON AND REPUTATION  
Article 123. Murder  
1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' 
imprisonment, life imprisonment or death:  
a) Murder of 02 or more people;  
b) Murder of a person aged under 16;  
c) Murder of a woman with the full knowledge of her pregnancy;  
d) Murder of a law enforcement officer in performance of his/her official duties 
or murder of a person because of his /her official duties;  52 
 
dd) Murder of the murderer's grandparent, parent, caregiver or teacher;  
e) Murder committed right before or after committing a very serious crime or 
extremely serious crime;  
g) Murder for the commission or concealment of another crime ; 
g) Murder for taking the victim's body parts;  
i) Brutal murder;  
k) Murder by taking advantage of the murderer's profession;  
l) Murder using a method capable of killing many people;  
m) Contract killing;  
n) Murder of a gangster -like nature;  
o) Organized mu rder; 
p) Dangerous recidivism;  
q) Murder from despicable motives.  
2. Murder in circumstances other than those specified in Clause 1 of this Article 
carries a penalty of 07 - 15 years' imprisonment.  
3. Any person who makes preparation for the commission of this offence shall 
face a penalty of 01 - 05 years' imprisonment.  
4. The offender might be forbidden from practicing his/her profession or doing 
certain jobs for 01 - 05 years, face mandatory supervision or prohibition from 
residence for 01 - 05 years.  
Article 124. Murder or abandoning of a newborn child  
1. A mother who kills her own newborn child under the impact of obsolete 
belief or in a special objective circumstance shall face a penalty of 06 - 36 
months' imprisonment.  
2. A mother who, under the impact  of obsolete belief or in a special and 
objective circumstance, abandons her own newborn child within the first 07 
days shall face a penalty of up to 02 years' community sentence or 03 - 24 
months' imprisonment if such abandonment results in the death of t he child.  
Article 125. Manslaughter under provocation  53 
 
1. Any person who commits manslaughter under provocation because of the 
victim's serious illegal actions against the perpetrator or the perpetrator’s family 
shall face a penalty of 06 - 36 months' impri sonment.  
2. The manslaughter of 02 or more people under provocation carries a penalty of 
03 - 07 years' imprisonment.  
Article 126. Involuntary manslaughter because of the use of unjustified 
force in self -defense or while capturing a criminal  
1. An involunt ary manslaughter because of the use of unjustified force in self -
defense or while capturing a criminal carries a penalty of up to 02 years' 
community sentence or 03 - 24 months' imprisonment.  
2. The involuntary manslaughter of 02 or more people in this cas e carries a 
penalty of 02 - 05 years' imprisonment.  
Article 127. Manslaughter by a law enforcement officer in performance of 
his/her official duties  
1. A law enforcement officer in performance of his/her duty who commits 
manslaughter because of violence in  circumstances other than those justified by 
law shall face a penalty of 05 - 10 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 08 - 15 years' imprisonment:  
a) The offence results in the death of 0 2 or more people;  
b) The offence is committed against a person aged under 16 or a woman with 
the full knowledge of her pregnancy.  
3. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 0 1 - 05 years.  
Article 128. Involuntary manslaughter  
1. A person who commits an involuntary manslaughter shall face a penalty of up 
to 03 years' community sentence or 01 - 5 years' imprisonment.  
2. This offence carries a penalty of 03 - 10 years' imprisonm ent if it results in the 
death of 02 or more people.  
Article 129. Involuntary manslaughter because of misconduct in 
professional practice or administrative rules  54 
 
1. A person who commits an involuntary manslaughter because of misconduct in 
professional prac tice or administrative rules shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence carries a penalty of 05 - 12 years' imprisonment if it results in the 
death of 02 or more people.  
3. The offender might be prohibited from holding certain pos itions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 130. Coercing suicide  
1. Any person who cruelly treats, frequently oppresses, abuses or humiliates 
his/her care -dependent to such an extent that the care -dependent commi ts 
suicide shall face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed against 02 or more people;  
b) The offence is commi tted against a person aged under 16 or a woman with 
the full knowledge of her pregnancy.  
Article 131. Inciting or aiding another to commit suicide  
1. A person who commits any of the following acts shall face a penalty of up to 
03 years' community sentenc e or 06 - 36 months' imprisonment:  
a) Inciting, counseling, persuading another to commit suicide;  
b) Providing financial or spiritual support for another to commit suicide.  
2. An offence that results in the suicide of 02 or more people carries a penalty of  
02 - 07 years' imprisonment.  
Article 132. Failure to assist a person in peril  
1. Any person who is capable of but fails to assist a person in peril shall face a 
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment 
if such failure results in the death of that person.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offender is the one who causes the peril the victim was in;  
b) The offender has a duty to rescue b y law or by his/her professional ethics.  55 
 
3. An offence that results in the death of 02 or more people carries a penalty of 
03 - 07 years' imprisonment.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doi ng certain jobs for 01 - 05 years.  
Article 133. Threat of murder  
1. A person who threatens to commit a murder shall face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment if there are grounds 
for the threatened person to belie ve that the threat is likely to be carried out.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed against 02 or more people;  
b) The offence involves abuse of the of fender's position or power;  
c) The threat is made against a law enforcement officer in performance of 
his/her official duties or because of his/her official duties;  
d) The threat is made against a person aged under 16;  
dd) The threat is meant to conceal an other criminal offence or avoid punishment 
for such offence.  
Article 134. Deliberate infliction of bodily harm upon another person  
1. A person who deliberately inflicts bodily harm upon another person and 
causes 11% - 33% WPI or under 11% WPI in any of the  following 
circumstances shall face a penalty of up to 03 years' community sentence or 06 - 
36 months' imprisonment:  
a) A dangerous weapon or method is used to harm 02 or more people;  
b) Sulfuric acid (H 2SO 4) or another hazardous chemical is used to inflic t bodily 
harm upon another person;  
c) The act results in a mild handicap of the victim;  
d) The offence has been committed more than once;  
dd) The offence is committed against 02 or more people;  
e) The victim is a person aged under 16, a woman whose pregnan cy is known by 
the offender, an old and weak, sick or defenseless person;  
g) The victim is the offender's grandparent, parent, caregiver or teacher;  56 
 
h) The offence is committed by an organized group;  
i) The offence involves abuse of the offender's positio n or power;  
k) The offence is committed while the offender is kept in temporary detention, 
serving his/her sentence in a prison or correctional institution or rehabilitation 
center;  
l) The offender hires another person or is hired to inflict bodily harm to  the 
victim;  
m) The offence is of a gangster -like nature;  
n) Dangerous recidivism;  
o) The offence is committed against a law enforcement officer in performance of 
his/her official duties or because of his/her official duties;  
2. A person who deliberately i nflicts bodily harm upon another people and 
causes 11% - 33% WPI in any of the circumstances specified in Point a, b, d, dd, 
e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 02 - 05 
years' imprisonment.  
3. A person who delibera tely inflicts bodily harm upon another people and 
causes 31% - 60% WPI shall face a penalty of 04 07 years' imprisonment.  
4. A person who deliberately inflicts bodily harm upon another people and 
causes 31% - 60% WPI in any of the circumstances specified i n Point a, b, d, dd, 
e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 07 - 12 
years' imprisonment.  
5. A person who deliberately inflicts bodily harm upon another person and 
causes ≥ 61% WPI, except for the case in Point c Clause 6 of this Article or the 
death of the victim shall face a penalty of 10 - 15 years' imprisonment.  
6. This offence committed in  any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence results in the death of 02 or more people;  
b) The offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 61%  WPI;  
c) The offence results in injuries to the victim’s face and causes ≥ 61% WPI;  57 
 
7. Any person who makes preparation for the commission of this offence shall 
face a penalty of up to 02 years' community sentence or 03 - 24 months' 
imprisonment.  
Article 1 35. Deliberate infliction of bodily harm upon others under 
provocation  
1. A person who deliberately inflicts bodily harm upon another people and 
causes 31% - 60% WPI under provocation because of the victim's serious 
violations of law against the offender o r the offender's family member shall face 
a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' 
community sentence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 36 months'' imprisonment:  
a) The offence results in bodily harm of 02 or more people, each of whom 
suffers from 31% - 60% WPI;  
b) The offence causes ≥ 61% WPI or death of the victim.  
Article 136. Deliberate infliction of bodily harm because of unjustified force 
in capturing crimin als 
1. Any person who deliberately inflicts 31% - 60% WPI to another person 
because of unjustified force in capturing criminals shall incur a fine of VND 
5,000,000 - VND 20,000,000 or face a penalty of up to 03 years' community 
sentence.  
2. This offence c ommitted in any of the following circumstances carries a 
penalty of 03 - 02 years' imprisonment:  
a) The offence results in bodily harm of 02 or more people, each of whom 
suffers from 31% - 60% WPI;  
b) The offence caus es ≥ 61% WPI for the victim.  
3. If this offence results in the death of a person or bodily harm of 02 or more 
people, each of whom suffers from ≥ 61% WPI, the offender shall face a penalty 
of 01 - 03 years' imprisonment.  
Article 137. Deliberate infliction of bodily harm by a law enforcement 
officer in performance of his/her official duties  
1. Any law enforcement officer in performance of his/her official duties who 
uses violence under circumstances other than those in which infliction of bodily 58 
 
harm is per mitted by law or deliberately inflicts bodily harm upon another 
person and causes 31% - 60% WPI shall face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances car ries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 31% WPI;  
b) The offence causes ≥ 61% WPI for the victim;  
c) The offence is committed against a person aged under 16, a wo man whose 
pregnancy is known by the offender, an old and weak, sick or defenseless 
person.  
3. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 138. Involuntary i nfliction of bodily harm upon others  
1. Any person who involuntarily inflicts 31% - 60% WPI to another person shall 
receive a warning, be liable to a fine of VND 5,000,000 - VND 20,000,000 or 
face a penalty of up to 03 years' community sentence.  
2. This o ffence committed in any of the following circumstances carries a 
penalty of 03 - 02 years' imprisonment:  
a) The offence results in bodily harm of 02 or more people, each of whom 
suffers from 31% - 60% WPI;  
b) The offence causes ≥ 61% WPI for the victim.  
3. If this offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 61% WPI, the offender shall face a penalty of 01 - 03 years' 
imprisonment.  
Article 139. Involuntary infliction of bodily harm because of professional 
misconduct or br each of administrative rules  
1. Any person who, because of misconduct in professional practice or violations 
against administrative rules, involuntarily inflicts 31% - 60% WPI upon another 
person shall be liable to a fine of VND 20,000,000 - VND 100,000,00 0 or face a 
penalty of up to 03 years' community sentence or 03 - 12 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 36 months'' imprisonment:  59 
 
a) The offence results in bodily harm of 02 or mo re people, each of whom 
suffers from 31% - 60% WPI;  
b) The offence causes ≥ 61% WPI for the victim.  
3. If this offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 61% WPI, the offender shall face a penalty of 01 - 05 years' 
imprisonment.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 140. Abuse  
1. A person who maltreats or humiliates his/her dependent, except in the 
circumstances  specified in Article 185 hereof, shall face a penalty of up to 03 
years' community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The victim is  a person aged under 16, a woman whose pregnancy is known by 
the offender, an old and weak, sick or defenseless person;  
b) The victim suffers from ≥ 11% mental and behavioral disability because of 
the offence;  
c) The offence is committed against 02 or more  people.  
Article 141. Rape  
1. Any person who uses violence or threatens to use violence or takes advantage 
of the victim's defenselessness or otherwise engages in non -consensual sexual 
intercourse or other sexual activities shall face a penalty of 02 - 07 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed against a person for whom the offender is 
responsible for providing care, education or medical treatment;  
c) The offence is committed by more than one person against one person;  
d) The offence has been committed more than once;  
dd) The offence is committed against 02 or more people;  60 
 
e) The offence  is of an incestuous nature;  
g) The offence results in the victim's pregnancy;  
h) The offence causes 31% - 60% WPI for the victim;  
i) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
k) Dangerous recidivism.  
3. Thi s offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence causes ≥ 61% WPI for the victim;  
b) The offender commits the offence in the knowledge of his HIV infection;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
d) The offence results in the death or suicide of the victim.  
4. The offence committed against a person aged from 16 to under 18 carries a 
penalty of 05 - 10 years' impri sonment.  
A person commits the offence in any of the circumstances specified in Clause 2 
or Clause 3 shall face corresponding penalties specified in therein.  
5. The offender might be prohibited from holding certain positions, practicing 
his/her profession o r doing certain jobs for 01 - 05 years.  
Article 142. Rape of a person under 16  
1. A person who commits any of the following acts shall face a penalty of 07 - 
15 years' imprisonment:  
a) Use of violence or threatens to use violence or takes advantage of the victim's 
defenselessness or otherwise engages in non -consensual sexual intercourse or 
other sexual activities with a person aged from 13 to under 16.  
b) Engaging in sexual intercourse or other sexual activities with a person under 
13. 
2. This offence commi tted in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence is of an incestuous nature;  
b) The offence results in the victim's pregnancy;  61 
 
c) The offence causes 31% - 60% WPI for the victim;  
d) The victim suff ers from 11% - 45% mental and behavioral disability because 
of the offence;  
dd) The offence is committed against a person for whom the offender is 
responsible for providing care, education or medical treatment;  
e) The offence has been committed more than o nce; 
g) The offence is committed against 02 or more people;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life imprisonment or death:  
a) The offence is committed by an organized group;  
b) The offence is committed by more than one person against one person;  
c) The offence is committed against a person under 10;  
d) The offence causes ≥ 61% WPI for the victim.  
dd) The victim suffers from ≥ 46% mental and behavioral disabili ty because of 
the offence;  
e) The offender commits the offence in the knowledge of his HIV infection;  
g) The offence results in the death or suicide of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profe ssion or doing certain jobs for 01 - 05 years.  
Article 143. Sexual abuse  
1. Any person who employs trickery to make his care -dependent or a person in 
extreme need to reluctantly engage in sexual intercourse or other sexual 
activities shall face a penalty o f 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by more than one person against one person;  
b) The offence has been committed more than once;  
c) The offence is committed against 02 or more people;  
d) The offence is of an incestuous nature;  62 
 
dd) The offence results in the victim's pregnancy;  
e) The offence causes 31% - 60% WPI for the victim;  
g) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 18 years' imprisonment:  
a) The offence causes ≥ 61% WPI for the victim;  
b) The victim suffe rs from ≥ 46% mental and behavioral disability;  
c) The offender commits the offence in the knowledge of his HIV infection;  
d) The offence results in the death or suicide of the victim.  
4. If this offence is committed against a person aged from 16 to under 18, the 
offender shall face a penalty of 02 - 07 years' imprisonment.  
A person commits the offence in any of the circumstances specified in Clause 2 
or Clause 3 shall face corresponding penalties specified in therein.  
5. The offender might be prohibited fr om holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 144. Sexual abuse of a person aged from 13 to under 16  
1. Any person who employs trickery to make a person aged from 13 to under 16 
who is his care -dependent or a person in extreme need to reluctantly engage in 
sexual intercourse or other sexual activities shall face a penalty of 05 - 10 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is of an incestuous nature;  
b) The offence results in the victim's pregnancy;  
c) The offence causes 31% - 60% WPI for the victim;  
d) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offen ce; 
dd) The offence has been committed more than once;  
e) The offence is committed against 02 or more people;  63 
 
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence is committed by more than one person against one person;  
b) The offence causes ≥ 61% WPI for the victim;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
d) The offender commits the offence in the knowledge of his HIV infection;  
dd) The offence results in the death or sui cide of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 145. Engaging in sexual intercourse or other sexual activities with a 
person aged from 13  to under 16  
1. Any person aged 18 or over who engages in sexual intercourse or other sexual 
activities with a person aged from 13 to under 16 in circumstances other than 
those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 
05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence is committed against 02 or more people;  
c) The offence is of an incestuous nature;  
d) The offence results in the victim's pregnancy;  
dd) The offence causes 31% - 60% WPI for the victim;  
e) The offence is committed against a person for whom the offender is 
responsible for providing care, education or medical tr eatment.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence causes ≥ 61% WPI for the victim;  
b) The offender commits the offence in the knowledge of his HIV infection.  64 
 
4. The off ender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 146. Molestation of a person under 16  
1. Any person who molests a person under 16 for purposes other than sexual 
interc ourse or other sexual activities shall face a penalty of 06 - 36 months' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) Organized crime;  
b) The offence has been committed m ore than once;  
c) The offence is committed against 02 or more people;  
d) The offence is committed against a person for whom the offender is 
responsible for providing care, education or medical treatment;  
dd) The victim suffers from 11% - 45% mental and beh avioral disability because 
of the offence;  
e) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
b) The offence results in the suicide of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certai n jobs for 01 - 05 years.  
Article 147. Employment of a person under 16 for pornographic purposes  
1. Any person aged 18 or over who persuades, entices, forces a person under 16 
to participate in a pornographic performance or watch a pornographic 
performance  in any shape or form shall face a penalty of 06 - 36 months' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) Organized crime;  65 
 
b) The offence has been committed more than on ce; 
c) The offence is committed against 02 or more people;  
d) The offence is committed against a person for whom the offender is 
responsible for providing care, education or medical treatment;  
dd) The offence is committed for commercial purposes;  
e) The vi ctim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The  victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
b) The offence results in the suicide of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs  for 01 - 05 years.  
Article 148. Transmission of HIV to others  
1. A person who, in the knowledge of his/her HIV infection, deliberately 
transmits HIV to another person, unless the victim knows the it and voluntarily 
engages in sexual intercourse, shall fac e a penalty of 01 - 03 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed against 02 or more people;  
b) The offence is committed against a perso n aged under 18;  
c) The offence is committed against a woman with the full knowledge of her 
pregnancy;  
d) The offence is committed against the physician or health worker who directly 
provides treatment for the offender;  
dd) The offence is committed against  a law enforcement officer in performance 
of his/her official duties or because of his/her official duties.  
Article 149. Deliberate transmission of HIV to others  66 
 
1. Any person who deliberately transmits HIV to another person in 
circumstances other than tho se specified in Article 148 hereof shall face a 
penalty of 03 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed against a law enforcement officer in performance of 
his/her duty or because of his/her official duties;  
c) The offence is committed against a person under 18;  
d) The offence is committed against 02 - 05 people.  
dd) The offence is c ommitted by taking advantage of the offender's profession;  
e) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imp risonment or life imprisonment:  
a) The offence is committed against a woman with the full knowledge of her 
pregnancy;  
b) The offence is committed against 06 or more people;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
d) The offence results in the suicide of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certai n jobs for 01 - 05 years.  
Article 150. Human trafficking  
1. Any person who uses violence, threatens to use violence, deceives or 
otherwise commits any of the following acts shall face a penalty of 05 - 10 
years' imprisonment:  
a) Transferring or receiving human people for transfer for money, property or 
other financial interests;  
b) Transferring or receiving human people for sexual slavery, coercive labor, 
taking body parts or for other inhuman purposes;  67 
 
c) Recruiting, transporting, harboring other people f or the commission of any of 
the acts specified in Point a or Point b of this Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 08 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The  offence is committed by despicable motives;  
c) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
d) The offence causes ≥ 31% WPI for the victim, except in the circumstances 
specified in Point b Clause 3 of this Article;  
dd) The victim is taken out of Vietnam’s territory;  
e) The offence is committed against 02 - 05 people;  
g) The offence has been commi tted more than once.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence is committed in a professional manner;  
b) The victim's body part has been taken;  
c) The victim suffers fro m ≥ 46% mental and behavioral disability because of 
the offence;  
d) The offence results in the death or suicide of the victim;  
dd) The offence is committed against 06 or more people;  
e) Dangerous recidivism;  
4. The offender may also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be put under mandatory supervision, prohibited from residence for 
01 - 05 years or have all or part of his/her property confiscated.  
Article 151. Trafficking of a person under 16  
1. A person who commits any of the f ollowing acts shall face a penalty of 07 - 
12 years' imprisonment:  
a) Transferring or receiving a person under 16 for transfer for money, property 
or other financial interests, except for humanitarian purposes;  68 
 
b) Transferring or receiving a person under 1 6 for sexual slavery, coercive labor, 
taking body parts or for other inhuman purposes;  
c) Recruiting, transporting, harboring a person under 16 for the commission of 
any of the acts specified in Point a or Point b of this Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
b) The offence involves abuse of the offender's position or power;  
b) The offender commits the offence by taking advantage of child adoption;  
c) The offence is committe d against 02 - 05 people;  
d) The offence is committed against a person for whom the offender is 
responsible for providing care;  
dd) The victim is taken out of Vietnam’s territory;  
e) The offence has been committed more than once;  
g) The offence is committe d by despicable motives;  
h) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
i) The offence causes ≥ 31% WPI for the victim, except in the circumstances 
specified in Point d Clause 3 of this Article.  
3. This offence committed in any of the following circumstances carries a 
penalty of 18 - 20 years' imprisonment or life imprisonment : 
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
d) The victim's body part has been taken;  
dd) The offence r esults in the death or suicide of the victim;  
e) The offence is committed against 06 or more people;  
g) Dangerous recidivism.  
4. The offender may also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, be prohibited from holding certain positio ns or doing certain 69 
 
works for 01 - 05 years, be put under mandatory supervision for 01 - 05 years or 
have all or part of his/her property confiscated.  
Article 152. Swapping a person under 01 year of age  
1. Any person who swaps a person under 01 year of age  with another person 
under 01 year of age shall face a penalty of 02 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed by an organized gro up; 
b) The offence involves abuse of the offender's position or power;  
c) The offence is committed against a person for whom the offender is 
responsible for providing care;  
d) The offence has been committed more than once;  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence is committed in a professional manner;  
b) Dangerous recidivism.  
4. The offender may also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohib ited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 153. Abduction of a person under 16  
1. Any person who uses violence, threatens to use violence, deceives or 
otherwise commits any of the following acts shall face a penal ty of 05 - 10 
years' imprisonment:  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's position  or power;  
c) The offence is committed against a person for whom the offender is 
responsible for providing care;  
d) The offence is committed against 02 - 05 people.  
dd) The offence has been committed more than once;  70 
 
e) The victim suffers from 11% - 45% men tal and behavioral disability because 
of the offence;  
g) The offence causes ≥ 31% WPI for the victim.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence is committed in a profess ional manner;  
b) The offence is committed against 06 or more people;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
d) The offence results in the death of the victim;  
dd) Dangerous recidivism.  
4. The offender may also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 154. Trading, appropriation of human tissues or body parts  
1. Any person who deals in or appro priates human tissues or other body parts 
shall face a penalty of 03 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized gro up; 
b) The offence is committed for commercial purposes;  
c) The offence involves abuse of the offender's position or power;  
d) The offence is committed against 02 - 05 people.  
dd) The offence has been committed more than once;  
e) The offence causes 31% - 60% WPI for the victim.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence is committed in a professional manner;  
b) The offence causes ≥ 61% WPI for the victim.  
c) The offence is committed against 06 or more people;  71 
 
d) The offence results in the death of the victim;  
dd) Dangerous recidivism.  
4. The offender may also be liable to a fine of from VND 10,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 155. Insults to another person  
1. Any person who seriously insults another person shall receive a warning, be 
liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 
03 years' community sentence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 02 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence is com mitted against 02 or more people;  
c) The offence involves abuse of the offender's position or power;  
d) The offence is committed against a law enforcement officer in performance of 
his/her official duties;  
dd) The offence is committed against a person who cares for, teaches, raises or 
provides medical treatment for the offender;  
e) The offence is committed using a computer network, telecommunications 
network or electronic device;  
g) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence.  
3. This offence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
b) The offence results in the suicid e of the victim.  
4. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 156. Slander  72 
 
1. A person who commits any of the following acts shall be liable for a fine of  
from VND 10,000,000 to VND 50,000,000, face a penalty of up to 02 years' 
community sentence or 03 - 12 months' imprisonment:  
a) Fabricating information or spreading false information to harm another 
person's reputation or infringes upon another person's l awful rights and interests;  
b) Accusing a person of a fabricated crime report it to the authorities.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organiz ed group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence is committed against 02 or more people;  
d) The offence is committed against the offender's grandparent, parent or a 
person who cares for, teaches, raises or pro vides medical treatment for the 
offender;  
dd) The offence is committed against a law enforcement officer in performance 
of his/her official duties;  
e) The offence is committed using a computer network, telecommunications 
network or electronic device;  
g) Th e victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
h) Accusing another person of a very serious crime or extremely serious crime 
which is fabricated.  
3. This offence committed in any of the following circumstances carr ies a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed by despicable motives;  
b) The victim suffers from ≥ 46% mental and behavioral disability;  
c) The offence results in the suicide of the victim.  
4. The offender may also be liable to a  fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Chapter XV  73 
 
CRIMINAL OFFENCES AGAINST PERSONAL LIBERTY, CITIZENS' 
RIGHTS TO FREEDOM AND DEMOCRACY  
Article 157. Illegal arr est, detention or imprisonment of a person  
1. Any person who arrests, detains or imprisons another person against the law, 
except in the circumstances specified in Article 377 hereof, shall face a penalty 
of up to 03 years' community sentence or 06 - 36 mo nths' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence is committed against a law enforcement officer in performance of 
his/her official duties;  
d) The offence has been committed more than once;  
dd) The offence is committed against 02 or more people;  
e) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender, an elderly, sick or defenseless person.  
g) The offence results in the victim's extreme hardship or predicament;  
h) The victim suffers from 11% - 45% mental and behavioral disability because 
of the  offence;  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence results in the victim's death or suicide;  
b) The victim is tortured or treated in a brutal and inhuman way or the vi ctim's 
dignity is destroyed;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence.  
4. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 158. Home infringement  
1. A person who comm its any of the following acts shall face a penalty of up to 
02 years' community sentence or 03 - 24 months' imprisonment:  74 
 
a) Illegally searching another person's home;  
b) Using violence or threatening to use violence or other illegal tricks to force 
anothe r person to leave his/her lawful home;  
c) Using illegal tricks to occupy a home or obstruct its lawful residents or 
managers from entering their home;  
d) Breaking in another person's home without the consent of its owner or 
manager.  
2. This offence commit ted in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence has been committed more tha n once;  
d) The offence results in the suicide of the victim;  
dd) The offence has a negative impact on social safety, order and security.  
3. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 159. Infringement upon sec ret information, mail, telephone, 
telegraph privacy or other means of private information exchange  
1. A person who recommits any of the following acts despite the fact that he/she 
has incurred a disciplinary or administrative penalty shall receive a warni ng, be 
liable to a fine of from VND 20,000,000 to VND 50,000,000 or face a penalty of 
up to 03 years' community sentence:  
a) Appropriation of another person's mails, telegraphs, telex, faxes or other 
documents which are transmitted on the postal or teleco mmunications network 
in any shape or form;  
b) Deliberately damaging, losing or obtaining another person's mails, telegraphs, 
telex, faxes or other documents which are transmitted on the postal or 
telecommunications network;  
c) Listening or recording conver sations against the law;  
d) Searching, confiscating mails or telegraphs against the law;  
dd) Other acts that infringe upon secret information, mail, telephone, telegraph 
privacy or other means of private information exchange.  75 
 
2. This offence committed in a ny of the following circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence has been committed more than once;  
d) The obtained information is disclosed and affects another person's dignity or 
reputation;  
dd) The offence results in the suicide of the victim.  
3. The offender may also be liable to a fine of from VND 5,000,000 to VND 
20,000,000, be prohibited from hold ing certain positions for 01 - 05 years.  
Article 160. Infringement upon citizens' right to vote or self -nominate or 
vote upon referendum  
1. A person who uses deception, bribery, coercion or otherwise obstructs a 
citizen from exercising his/her right to vot e, self -nominate or vote upon a 
referendum held by the State shall receive a warning or face a penalty of up to 
01 year' community sentence or 03 - 12 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty o f 01 - 02 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence results in postponement of the election day, re -election or 
postponement of the referend um.  
3. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 161. Falsification of election or referendum result  
1. Any person who is responsible for organizing, supervising the election or 
organizing the referendum and  fabricate documents, votes or otherwise falsifies 
the election or referendum result shall face a penalty of up to 02 years' 
community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penal ty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organized group;  76 
 
b) The offence results in postponement of the election or referendum.  
3. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 162. F orcing officials to resign or laying off workers against the law  
1. Any person who, for self -seeking purposes or another private motive, 
commits any of the following acts which results in the laid off person or his/her 
family extreme hardship or strike sha ll be liable to a fine of from VND 
10,000,000 to VND 100,000,000 or face a penalty of up to 01 year's community 
sentence or 03 - 12 months' imprisonment:  
a) Issuing illegal decisions on dismissal of an official;  
b) Laying off a worker against the law;  
c) Forcing or threatening an official or worker to resign.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' 
imprisonment:  
a) The offence is committed agains t 02 or more people;  
b) The offence is committed against a woman whose pregnancy is known by the 
offender;  
c) The offence is committed against a woman raising a child under 12 months of 
age; 
d) The offence results in the suicide of the person who resigns o r is laid off.  
3. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 163. Infringement upon citizens' right to association  
1. Any person who uses violence, threatens to use violence or otherwise 
obstructs or forces ot her people to associate or hold meeting despite the fact that 
he/she has incurred a disciplinary or administrative penalty shall face a penalty 
of up to 01 year's community sentence or 03 - 12 months' imprisonment.  
2. This offence committed in any of the f ollowing circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  77 
 
c) The offence has been committed more than once;  
d) The offe nce results in a demonstration;  
dd) The offence has a negative impact on social safety, order and security.  
3. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 1 64. Infringement upon the freedom of religion  
1. Any person who uses violence, threatens to use violence or otherwise 
obstructs a person from exercising his/her freedom of religion or forces another 
person to follow or not to follow a specific religion des pite the fact that he/she 
has incurred disciplinary or administrative penalty for the same offence shall 
face a penalty of up to 01 year's community sentence or 03 - 12 months' 
imprisonment.  
2. This offence committed in any of the following circumstances c arries a 
penalty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence has been committed more than once;  
d) The offence results in a demonst ration;  
dd) The offence has a negative impact on social safety, order and security.  
3. The offender might be prohibited from holding certain positions, practicing 
his/her profession or doing certain jobs for 01 - 05 years.  
Article 165. Infringement of gend er equality  
1. A person who, for reason of gender, obstructs another person from participate 
in activities in terms of politics, economics, labour, education, science and 
technology, culture, information, sports, healthcare despite the fact that he/she 
has incurred a disciplinary or administrative penalty for the same offence shall 
be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty 
of up to 2 years' community sentence.  
2. This offence committed in any of the following circumstance s carries a fine of 
from VND 50,000,000 to VND 100,000,000 or a penalty of 03 - 24 months' 
imprisonment:  
a) The offence involves the abuse of the offender's position or power;  78 
 
b) The offence has been committed more than once;  
c) The offence is committed ag ainst 02 or more people.  
3. The offender might also be forbidden from holding certain positions, 
practicing his/her profession or doing certain jobs for 01 - 05 years.  
Article 166. Infringement of the right to complain or denounce  
1. A person who commits a ny of the following acts shall face a penalty of up to 
03 years' community sentence or 06 - 36 months' imprisonment:  
a) Use of violence, threat to use violence or other tricks to obstruct the process 
of complaining or denunciation, the consideration and se ttlement of complaints 
and denunciation or the taking of actions against the person complained or 
denounced against;  
b) Abuse of position or power in obstructing the decision of an authority 
competent to consider and settle complaints and denunciations whi ch results in 
damage incurred by the complainer or denouncer.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) Revenge is taken on the co mplainer or denouncer;  
c) The act specified in Point a Clause 1 of this Article involves the abuse of the 
offender's position or power;  
d) The offence results in a demonstration;  
dd) The offence results in the suicide of the complainer or denouncer.  
3. The  offender might be forbidden from holding certain positions for 01 - 05 
years.  
Article 167. Infringement upon freedom of speech, freedom of the press, the 
right of access to information and the right to protest of citizens  
1. Any person who uses of violenc e, threatens to use violence or otherwise 
obstructs a citizen from exercising his/her freedom of speech, freedom of the 
press, right of access to information or right to protest despite the fact that 
he/she has incurred disciplinary or administrative penal ty for the same offence 
shall face a penalty of up to 02 year's community sentence or 03 - 24 months' 
imprisonment.  79 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offence is committe d by an organized group;  
b) The offence involves abuse of the offender's her position or power;  
c) The offence has a negative impact on social safety, order and security.  
3. The offender might be forbidden from holding certain positions for 01 - 05 
years.  
Chapter XVI  
PROPERTY OWNERSHIP INFRINGEMENT  
Article 168. Robbery  
1. Any person who uses violence, threat of immediate violence or commits other 
acts that render another person unable to resist in other to obtain his/her property 
shall face a penalty of 03 - 10 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offe nce causes 11% - 30% WPI for the victim;  
d) The offender uses a dangerous weapon, device or other dangerous methods to 
commit the offence;  
dd) The property taken is assessed at from VND 50,000,000 to under VND 
200,000,000;  
e) The offence is committed again st a person under 16, a woman whose 
pregnancy is known by the offender, an old and weak, sick or defenseless 
person.  
g) The offence has a negative impact on social safety, order and security;  
h) Dangerous recidivism.  
3. This offence committed in any of the  following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The property taken is assessed at from VND 200,000,000 to under VND 
500,000,000;  80 
 
b) The offence causes 31% - 60% WPI for the victim;  
c) The offender takes advantage of a natural disaster or epidemic to commit the 
offence.  
4. This offence committed in any of the following circumstances carries a 
penalty of 18 - 20 years' imprisonment or life imprisonment:  
a) The property taken is assessed at ≥ VND 500,000,000;  
b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI 
or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 
02 or more victims;  
c) The offence results in the death of the victim;  
d) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. Any person who makes preparation for the commission of this offence shall 
face a penalty of 01 - 05 years' imprisonment.  
6. The offender may a lso be liable to a fine of from VND 10,000,000 to VND 
100,000,000 , be put under mandatory supervision, prohibited from residence for 
01 - 05 years or have all or part of his/her property confiscated.  
Article 169. Kidnapping for ransom  
1. Any person who t akes another person hostage for ransom shall face a penalty 
of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offender uses a dangerous weapon, device or other dangerous methods to 
commit the offence;  
d) The offence is made against a person under 16;  
dd) The offence is committed against 02 or more peopl e; 
e) The ransom demanded is from VND 50,000,000 to under VND 200,000,000;  
g) The offence causes 11% - 30% WPI for the hostage;  81 
 
h) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence;  
i) The offence has a negative impa ct on social safety, order and security;  
k) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 18 years' imprisonment:  
a) The ransom demanded is from VND 200,000,000 to under VND 
500,000,000;  
b) The offence causes 31% - 60% WPI for the hostage;  
c) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence;  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The ransom demanded is ≥ VND 500,000,000;  
b) The offence results in bodily harm of 01 person who suffer from ≥ 61% WPI 
or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI;  
c) The offence results in ≥ 46% mental an d behavioral disability of 02 or more 
people;  
d) The offence results in the death of the victim.  
5. Any person who makes preparation for the commission of this offence shall 
face a penalty of 01 - 05 years' imprisonment.  
6. The offender may also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be put under mandatory supervision, prohibited from residence for 
01 - 05 years or have all or part of his/her property confiscated.  
Article 170. Extortion  
1. Any person who uses violence, threat of vi olence otherwise intimidates 
another person to obtain his/her property shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  82 
 
b) The offence is committed in a professional manner;  
c) The offence is committed against a person under 16, a woman whose 
pregnancy is known by the offender, an old and weak, sick or defenseless 
person;  
d) The property obt ained is assessed at from VND 50,000,000 to under VND 
200,000,000;  
dd) The offence has a negative impact on social safety, order and security;  
e) Dangerous recidivism;  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The property obtained is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The offender takes advantage of a natural disaster or epidemic to commit the 
offence.  
4. This offence committed in any of the following circ umstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The property obtained is assessed at ≥ VND 500,000,000;  
b) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or have all or part of  his/her property confiscated.  
Article 171. Snatching  
1. Any person who snatches another person's property shall face a penalty of 01 
- 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The property obtained is assessed at from VND 50,000,000 to under VND 
200,000,000;  
d) The offender employs a dangerous method to  commit the offence;  83 
 
dd) The offender attacks other people to escape;  
e) The offence causes 11% - 30% WPI for another person;  
g) The offence is committed against a person under 16, a woman whose 
pregnancy is known by the offender, an old and weak, sick or defenseless 
person;  
h) The offence has a negative impact on social safety, order and security;  
i) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The property obtain ed is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The offence causes 31% - 60% WPI for another person;  
c) The offender takes advantage of a natural disaster or epidemic to commit the 
offence.  
4. This offence committed in any of the follow ing circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The property obtained is assessed at ≥ VND 500,000,000;  
b) The offence results in bodily harm of 01 person who suffers from 61% WPI 
or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI;  
c) The offence results in the death of the victim ; 
d) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000.  
Article 172. Blatant appropriation of property  
1. A person who indiscriminat ely takes property assessed at from VND 
2,000,000 to under VND 50,000,000 or property assessed at under VND 
2,000,000 in any of the following circumstances shall face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment:  
a) The o ffender has incurred an administrative penalty for appropriation of 
property;  84 
 
b) The offender has an unspent conviction for looting or any of the criminal 
offences specified in Article 168, 169, 170, 171, 173, 174, 175 and 290 hereof;  
c) The offence has a negative impact on social safety, order and security;  
d) The property illegally obtained is the primary means of livelihood of the 
victim and the victim's family; the property illegally obtained is a souvenir, 
memento or religious item that has a spiritual  value to the victim.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The property obtained is assessed at from VND 50,000,000 to under VND 
200,000,000;  
b) The offender attacks other peop le to escape;  
c) Dangerous recidivism.  
d) The property obtain is emergency or humanitarian relief;  
dd) The property appropriated is assessed at from VND 2,000,000 to under 
VND 50,000,000 or but the offender commits the offence in any of the 
circumstances s pecified in Point a through d Clause 1 of this Article.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The property obtained is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The property appropriated is assessed at from VND 50,000,000 to under 
VND 200,000,000 or but the offender commits the offence in any of the 
circumstances specified in Point a through d Clause 1 of this Article.  
c) The offender takes advantage of a natu ral disaster or epidemic to commit the 
offence.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The property obtained is ≥ VND 500,000,000;  
b) The property appropriated is assessed at fro m VND 200,000,000 to under 
VND 500,000,000 or but the offender commits the offence in any of the 
circumstances specified in Point a through d Clause 1 of this Article.  85 
 
c) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000.  
Article 173. Theft of property  
1. A person who steals another person's property which is assessed at from VND 
2,000,000 to under VND 50,000,000 or property assessed at  under VND 
2,000,000 in any of the following circumstances shall face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment:  
a) The offender has incurred an administrative penalty for appropriation of 
property;  
b) The offender has  an unspent conviction for theft of property or any of the 
criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 
hereof;  
c) The offence has a negative impact on social safety, order and security;  
d) The property stolen is the pri mary means of livelihood of the victim and the 
victim's family; the property taken is a souvenir, memento or religious item that 
has a spiritual value to the victim.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The property obtained is from VND 50,000,000 to under VND 200,000,000;  
d) The offender employs a deceitful method or a dange rous method to commit 
the offence;  
dd) The offender attacks other people to escape;  
e) The property stolen is assessed at from VND 2,000,000 to under VND 
50,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a th rough d Clause 1 of this Article;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  86 
 
a) The property stolen is assessed at from VND 200,000,000 to under VND 
500,000,000 ; 
b) The property stolen is assessed at from VND 50,000,000 to under VND 
200,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article;  
c) The offender takes advantage of a natural d isaster or epidemic to commit the 
offence.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The property stolen is ≥ VND 500,000,000;  
b) The property stolen is assessed at from VND 200,000,000 to under VND 
500,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article;  
c) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000.  
Article 174. Obtaining property by fraud  
1. A person who uses deception to obtain a nother person's property which is 
assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed 
at under VND 2,000,000 in any of the following circumstances shall face a 
penalty of up to 03 years' community sentence or 06 - 36 months' impriso nment:  
a) The offender has incurred an administrative penalty for appropriation of 
property;  
b) The offender has an unspent conviction for theft of property or any of the 
criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 
hereof; 
c) The offence has a negative impact on social safety, order and security;  
d) The property illegally obtained is the primary means of livelihood of the 
victim and the victim's family; the property illegally obtained is a souvenir, 
memento or religious item that has a spiritual value to the victim.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  87 
 
a) The offence is committed by an organized group;  
b) The offence is committed in a professiona l manner;  
c) The property obtained is assessed at from VND 50,000,000 to under VND 
200,000,000;  
d) Dangerous recidivism;  
dd) The offence involves abuse of the offender's position or power or committed 
in the name of an agency or organization;  
e) The offend er employs deceitful methods to commit the offence;  
g) The property obtained is assessed at from VND 2,000,000 to under VND 
50,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Artic le. 
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The property obtained is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The property obtained is assessed at from VND 50 ,000,000 to under VND 
200,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article.  
c) The offender takes advantage of a natural disaster or epidemic to commit the 
offence.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The property stolen is ≥ VND 500,000,000;  
b) The property obtained is assessed at from VND 200,000,000 to under VND 
500,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article.  
c) The offender takes advantage of a war or state of emergency to commit the 
offence.  
5. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 175. Abuse of trust to appropriate property  88 
 
1. A person who commits any of the following acts to obtain another person 
property which is assessed at from VND 4,000,000 to under VND 50,000,0 00 or 
under VND 4,000,000 despite the fact that he/she has incurred an administrative 
penalty for property appropriation or has an unspent conviction for this offence 
or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 
174 an d 290 hereof or obtains a piece of property that is the primary means of 
livelihood of the victim or has a spiritual value to the victim shall face a penalty 
of up to 03 years' community sentence or 06 - 36 months' imprisonment:  
a) Taking a loan, borrowing , leasing property of another person or receiving 
property of another person under a contract, then uses deception to appropriate it 
or refuses to repay the loan or return the property when the repayment or return 
of property is due despite he/she is capab le of doing so.  
b) Taking a loan, borrowing, leasing property of another person or receiving 
property of another person under a contract and then uses it for illegal purposes 
which result in the offender's inability to repay the loan or return the property . 
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The property obtained is assesse d at from VND 50,000,000 to under VND 
200,000,000;  
d) The offence involves abuse of the offender's position or power or committed 
in the name of an agency or organization;  
dd) The offender employs deceitful methods to commit the offence;  
e) Dangerous recid ivism;  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The property obtained is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The offence has a negative impact on social s afety, order and security.  
4. If the property obtained is assessed at from ≥ VND 500,000,000, the offender 
shall face a penalty of 12 - 20 years' imprisonment.  89 
 
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000, be prohibited from holding certai n positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 176. Illegal impoundment of property  
1. Any person who finds or mistakenly receives a piece of property which is 
assessed at from VND 10,000,0 00 to under VND 200,000,000, a relic, an 
antique or an item of historical or cultural value but deliberately fails to return it 
to its legitimate owner or fails to submit it a competent authority after the owner 
or the competent authority requests the retu rn or submission of such property as 
prescribed by law shall be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 
months' imprisonment.  
2. If the property obtained is assessed at ≥ VND 200,000,000 or national 
treasure, the offender shall face a penalty of 01 - 05 years' imprisonment.  
Article 177. Illegal use of property  
1. Any person who, for self -seeking purposes, illegally uses a piece of property 
of another person which is assesse d at from VND 100,000,000 to under VND 
500,000,000 despite the fact that he/she has incurred a disciplinary or 
administrative penalty for the same offence or has an unspent conviction for the 
same offence; illegally uses a property which is a relic, an ant ique or an item of 
historical or cultural value, except in the circumstances specified in Article 220 
hereof, shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 , 
face a penalty of up to 02 years' community sentence or 03 - 24 months' 
impri sonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 50,000,000 to VND 100,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The property illegally used is assessed at from VND 500,000,000 to under 
VND 1 ,500,000,000;  
b) The property illegally used is national treasure;  
c) The offence has been committed more than once;  
d) The offence involves abuse of the offender's position or power;  
dd) Dangerous recidivism.  90 
 
3. If the property obtained is assessed at ≥ VND 1,500,000,000, the offender 
shall face a penalty of 03 - 07 years' imprisonment.  
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 
20,000,000, be prohibited from holding certain pos itions or doing certain works 
for 01 - 05 years.  
Article 178. Deliberate destruction of property  
1. Any person who deliberately destroy another person's property which is 
assessed at from VND 2,000,000 to under VND 50,000,000 or property which is 
a relic o r item of historical or cultural value or property which is assessed at 
under VND 2,000,000 in any of the following circumstances shall be liable to a 
fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment:  
a) The offender has incurred an administrative penalty for appropriation of 
property;  
b) The offender has an unspent conviction for the same offence;  
c) The offence has a negative impact on social safety, order and security;  
dd) The property destroyed is the primary means of livelihood of the victim and 
the victim's family; the property obtained is a souvenir, memento or religious 
item that has a spiritual value to the victim.  
2. This offence committed in any of the following c ircumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The property damaged is assessed at from VND 50,000,000 to under VND 
200,000,000;  
c) The property damaged is national treasure;  
d) The offe nce is committed using a flammable substance or other dangerous 
methods;  
dd) The offence is committed to conceal another crime;  
e) The offence is committed because of the victim's official duties;  
g) The property damaged is assessed at from VND 2,000,000 t o under VND 
50,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article;  91 
 
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty o f 05 - 10 years' imprisonment:  
a) The property damaged is assessed at from VND 200,000,000 to under VND 
500,000,000;  
b) The property damaged is assessed at from VND 50,000,000 to under VND 
200,000,000 or but the offender commits the offence in any of the c ircumstances 
specified in Point a through d Clause 1 of this Article.  
4. This offence committed in any of the following circumstances carries a 
penalty of 10 - 20 years' imprisonment:  
a) The property damaged is assessed at ≥ VND 500,000,000;  
b) The propert y damaged is assessed at from VND 200,000,000 to under VND 
500,000,000 or but the offender commits the offence in any of the circumstances 
specified in Point a through d Clause 1 of this Article.  
5. The offender may also be liable to a fine of from VND 10, 000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 179. Negligence that results in property damage of the State, an 
agency, organization or enterprise  
1. Any person who is responsible for management of property of the State, an 
agency, organization or enterprise and causes property damage which is 
assessed at from VND 100,000,000 to under VND 500,000,000 because of 
his/her negligence shall be liable to a fine of from VND 100,000,000 to VND 
500,000,000 , receive a warning or face a penalty of up to 3 years' community 
sentence.  
2. If the property damage is assessed at from VND 500,000,000 to under VND 
2,000,000,000, the offender shall face a penalty of 01 - 05 years' imprisonment.  
3. If th e property damage is assessed at ≥ VND 2,000,000,000, the offender shall 
face a penalty of 05 - 10 years' imprisonment.  
4. The offender might also be prohibited from holding certain positions, 
practicing his/her profession or doing certain jobs for 01 - 05 years.  
Article 180. Involuntary infliction of serious property damage  92 
 
1. Any person who involuntarily inflicts a damage to another person's property 
which is assessed at from VND 100,000,000 to under VND 500,000,000 shall 
receive a warning or face a penal ty of up to 02 years' community sentence.  
2. If the damaged is assessed at ≥ VND 500,000,000, the offender shall face a 
penalty of 03 - 24 months' imprisonment.  
Chapter XVII  
CRIMINAL OFFENCES AGAINST FAMILY LAW  
Article 181. Forced marriage or divorce, obstruction of voluntary and 
civilized marriag e, obstruction of voluntary divorce  
Any person who forces another person to marry against his/her will, obstructs 
another person from marrying or maintaining their voluntary and civilized 
marriage, forces or obstructs a divorce by means of abuse, mental in timidation, 
demand for property or other methods despite the fact that he/she has incurred a 
administrative penalty for the same offence shall receive a warning or face a 
penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.  
Articl e 182. Adultery  
1. Any married person who marries or cohabits with another person, any 
unmarried person who marries or cohabits with another person in the knowledge 
that he/she is already married and in any of the following circumstances shall 
receive a wa rning or face a penalty of up to 01 year's community sentence or 03 
- 12 months' imprisonment:  
a) The offence results in the divorce of one or both parties;  
b) The offender has incurred an administrative penalty for the same offence.  
2. This offence commit ted in any of the following circumstances carries a 
penalty of 06 - 36 months'' imprisonment:  
a) The offence results in the suicide of the spouse or child of either party;  
b) The court has issued a decision on dissolution of the marriage or compulsory 
termination of the cohabitation but the offender still defies such decision.  
Article 183. Organization of child marriage  
Any person who organizes a marriage entered into by a person under the 
marriageable age despite the fact that he/she has incurred a adminis trative 
penalty for the same offence shall be liable to a fine of from VND 10,000,000 to 
VND 30,000,000 or face a penalty of up to 02 years' community sentence.  93 
 
Article 184. Incest  
Any person who engages in sexual intercourse with another person in the 
knowledge that he/she is in a consanguineous relationship, a sibling or half -
sibling shall face a penalty of 01 - 05 years' imprisonment.  
Article 185. Maltreatment or abuse of one's grandparent, parent, spouse, 
child, grandchild or caregiver  
1. Any person who  maltreats or commits violent acts against his/her 
grandparent, parent, spouse, child, grandchild or caregiver in any of the 
following circumstances shall receive a warning, face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonme nt: 
a) The victim suffers from regular physical and mental pain;  
b) The offender has incurred an administrative penalty for the same offence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offence is committed against a person under 16, a woman with the full 
knowledge of her pregnancy or an old and weak person;  
b) The offence is committed against a person with severe or extremely severe 
disabilities or a person having a fatal disease.  
Article 186. Denial or avoidance of obligation to provide support  
If a person who has an obligation to provide support and is capable of providing 
support for another person for whom the former is responsible for providing 
support under a court decision d enies or avoids such obligation and such denial 
or avoidance results in serious bodily harm of the recipient or the offender has 
incurred an administrative penalty for the same offence, the offender shall 
receive a warning, face a penalty of up to 02 year' s community sentence or 03 - 
24 months' imprisonment.  
Article 187. Surrogacy for commercial purposes  
1. A person who organizes surrogacy for commercial purposes shall be liable for 
a fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 0 2 
years' community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offence is committed against 02 or more people;  94 
 
b) The offence has been co mmitted more than once;  
c) The offence is committed in the name of an agency or organization;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Chapter XVIII  
ECONOMIC OFFENCES  
Section 1. CRIMINAL OFFENCES AGAINST REGULATIONS OF LAW 
ON PRODUCTION, BUSINESS and TRADE  
Article 188. Smuggling  
1. Any person who conducts deals in the following goods across the borde r or 
between a free trade zone and the domestic market against the law shall be liable 
to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 
36 months' imprisonment:  
a) Goods, Vietnamese currency, foreign currencies, rare metals, ge mstones 
assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 
100,000,000 but the offender has incurred an administrative penalty for the same 
offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 
195, 196 and 2 00 hereof or has an unspent conviction for any of the 
aforementioned offences, except in the circumstances specified in Article 248, 
249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof;  
b) Relics, antiques or items of historical or cultural val ue.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The illegal goods are assessed at from VND 300,000,000 to under VND 
500,000,000;  
d) The illegal profit reaped is from VND 100,000,000 to under VND 
500,000,000;  95 
 
dd) The illegal goods are national treasure;  
e) The offence involves t he abuse of the offender's position or power;  
g) The offence is committed in the name of an agency or organization;  
h) The offence has been committed more than once;  
i) Dangerous recidivism.  
3. This offence committed in any of the following circumstances c arries a fine of 
from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 7 - 15 years' 
imprisonment:  
a) The illegal goods are assessed at from VND 500,000,000 to under VND 
1,000,000,000;  
b) The illegal profit reaped is from VND 500,000,000 to under VND  
1,000,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The illegal goods are assessed at ≥ VND 1,000,000,000;  
b) The illegal profit reaped is ≥ VND 1,000,000,000;  
c) The offender  takes advantage of a war, natural disaster, epidemic or other 
extreme hardship to commit the offence.  
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be prohibited from holding certain positions or doing certain  
works for 01 - 05 years or have all or part of his/her property confiscated.  
6. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits any of the offences speci fied in Clause 
1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 
1,000,000,000 if the smuggled items are goods, Vietnamese currency, foreign 
currencies, rare metals, gemstones assessed at from VND 200,000,000 to under 
VND 300,000,0 00 or below VND 100,000,000, relics, antiques or items of 
historical or cultural values and the offender has incurred an administrative 
penalty for the same offence or any of the offences specified in Article 189, 190, 
191, 192, 193, 194, 195, 196 and 200 hereof or the offender has an unspent 
conviction for one of the aforementioned offences, except in the circumstances 
specified in Point d of this Clause;  96 
 
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity 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 
3,000,00 0,000 to VND 7,000,000,000;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 4 of this Article shall be liable to a fine of from VND 
7,000,000,000 to VND 15,000,000,000 or has its operation suspended fo r 06 - 
36 months;  
dd) A corporate legal entity that commits this offence in the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
e) The violating entity might also be liable to a fine of from VND 50,000,000 to 
VND 300,000,000 , be banned from operating in certain fields or raising capital 
for 01 - 03 years.  
Article 189. Illegal transport of goods or money across the border  
1. Any person who illegally transports the following goods across the border or 
between a free trade zone an d the domestic market shall be liable to a fine of 
from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years 
community sentence or 03 - 24 months' imprisonment:  
a) Goods, Vietnamese currency, foreign currencies, rare metals, gemstones 
assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 
100,000,000 but the offender has incurred an administrative penalty for the same 
offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 
195, 196 and 200 hereof or  has an unspent conviction for any of the 
aforementioned offences, except in the circumstances specified in Article 248, 
249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof;  
b) Relics, antiques or items of historical or cultural value.  
2. This  offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The illegal goods are assessed at from V ND 300,000,000 to under VND 
500,000,000;  97 
 
c) The illegal goods are national treasure;  
d) The offence involves the abuse of the offender's position or power;  
dd) The offence is committed in the name of an agency or organization;  
e) The offence has been commi tted more than once;  
g) Dangerous recidivism.  
3. If the illegal goods are assessed at ≥ VND 500,000,000, the offender shall be 
liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a 
penalty of 05 - 10 years' imprisonment.  
4. The offender  might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits any of the offences specified in Clause 
1 of this Article shall be liable to a fine of from VND 200,000,000 to VND 
500,000,000 if the illegally transported items are goods, Vietnamese currency, 
foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to 
under VND 300,000,000 or relics, antiques or items of historical or cultural 
values while having incurred an administrative penalty for the same offence or 
any of the offences speci fied in Article 188, 190, 191, 192, 193, 194, 195, 196 
and 200 hereof or while having an unspent conviction for one of the 
aforementioned offences except in the circumstances specified in Point d of this 
Clause;  
b) A corporate legal entity that commits thi s offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
500,000,000 to VND 2,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 3 of this Article shal l be liable to a fine of from VND 
2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in the circumstances 
specified in Article 79 hereof shall be permanently shut down ; 98 
 
dd) The violating entity might also be liable to a fine of from VND 50,000,000 
to VND 200,000,000 , be banned from operating in certain fields or raising 
capital for 01 - 03 years.  
Article 190. Manufacturing and trading of banned goods  
1. Any person who manufactures or deals in goods banned from trading, using 
or that have not been permitted for trading or using in Vietnam by the State in 
the following cases shall be liable to a fine of from VND 100,000,000 to VND 
1,000,000,000 or face a penalty of 01 - 05 years' imprisonment.  
a) The illegal goods are chemicals, antibiotics, veterinary medicines, pesticides 
banned from farming, breeding, aquaculture, salt production, preparation, 
processing, storage of agriculture, forestry, aquaculture products and salts;  
b) Other illegal goods that are assessed at from VND 100,000,000 to under 
VND 300,000,000;  
c) The illegal profit reaped is from VND 50,000,000 to under VND 
200,000,000;  
d) Other illegal goods are assessed at under VND 100,000,000 or illegal profit is 
unde r VND 50,000,000 but the offender has incurred an administrative penalty 
for the same offence or any of the offences specified in Article 188, 189, 191, 
192, 193, 194, 195, 196 and 200 hereof or the offender has an unspent 
conviction for any of the aforeme ntioned offences ;  
dd) Banned goods assessed at from VND 50,000,000 to under VND 
100,000,000 are traded across the border or between a free trade zone and the 
domestic market, illegal profit reaped is from VND 20,000,000 to under VND 
50,000,000.  
2. This of fence committed in any of the following circumstances carries a fine of 
from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 05 - 10 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves the abuse of the off ender's position or power;  
c) The offence is committed in the name of an agency or organization;  
d) The offence is committed in a professional manner;  
dd) Illegal goods are assessed at from VND 300,000,000 to under VND 
500,000,000;  99 
 
e) The illegal profit ea rned is from VND 200,000,000 to under VND 
500,000,000;  
g) Banned goods in the circumstances specified in Point a through d Clause 1 of 
this Article are traded across the border or between a free trade zone and the 
domestic market;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 08 - 15 years' imprisonment:  
a) The illegal goods are assessed at ≥ VND 500,000,000;  
b) The illegal profit earned is ≥ VND 500,000,000.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certa in 
works for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of this Article sha ll be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
3,000,000,000 to VND 6,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate lega l entity that commits this offence in the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operat ing in certain 
fields or raising capital for 01 - 03 years.  
Article 191. Possession and transport of banned goods  
1. Any person who possesses or transports goods banned from trading, using or 
that have not been permitted for trading or using in Vietnam by the State in the 100 
 
following cases, except in the circumstances specified in Article 249, 250, 253, 
254, 304, 305, 306, 309 and 311 hereof, shall be liable to a fine of from VND 
50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' 
imprisonment:  
a) The illegal goods are chemicals, antibiotics, veterinary medicines, pesticides 
banned from farming, breeding, aquaculture, salt production, preparation, 
processing, storage of agriculture, forestry, aquaculture products and salts;  
b) The illegal goods are assessed at from VND 100,000,000 to under VND 
300,000,000;  
c) The illegal profit reaped is from VND 50,000,000 to under VND 
200,000,000;  
d) Other illegal goods are assessed at under VND 100,000,000 or illegal profit is 
under VND 50,000,000 but the offe nder has incurred an administrative penalty 
for the same offence or any of the offences specified in Article 188, 189, 190, 
192, 193, 194, 195, 196 and 200 hereof or the offender has an unspent 
conviction for any of the aforementioned offences ;  
dd) Banned  goods assessed at from VND 50,000,000 to under VND 
100,000,000 are trafficked across the border or between a free trade zone and 
the domestic market, illegal profit reaped is from VND 20,000,000 to under 
VND 50,000,000.  
2. This offence committed in any of  the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves the abuse of the offender's position or power;  
c) The offence is committed in the name of an agency or organization;  
d) The offence is committed in a professional manner;  
dd) Illegal goods are assessed at from VND 300,000,000 to under VND 
500,000,000;  
e) The illegal profit earned is from VND 200,000,00 0 to under VND 
500,000,000;  101 
 
g) Banned goods in the circumstances specified in Point a through d Clause 1 of 
this Article are traded across the border or between a free trade zone and the 
domestic market;  
h) Dangerous recidivism.  
3. This offence committed i n any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The illegal goods are assessed at ≥ VND 500,000,000;  
b) The illegal profit reaped is ≥ VND 500,000,000;  
c) Banned goods in the circumstances specified in Point a, b, c, d, dd, e and h 
Clause 2 of this Article are traded across the border or between a fr ee trade zone 
and the domestic market.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate le gal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of this Article shall be liable to a fine of from VND 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstan ces 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in the circumstances 
specified in Ar ticle 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 192 . Manufacturing and trading of counterfeit goods  102 
 
1. Any person who manufactures or deals in counterfeit goods in the following 
cases shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 
or face a penalty of 01 - 05 years' imprisonment:  
a) The counterfeit goods are assessed at from VND 20,000,000 to under VND 
100,000,000 according to their selling prices, posted prices or prices on 
invoices;  
b) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods or goods of the sam e specifications or uses assessed at from VND 
30,000,000 to under VND 150,000,000 if selling prices, posted prices or prices 
on invoices of counterfeit goods cannot be determined;  
c) The counterfeit goods are assessed at under VND 20,000,000 according to 
their selling prices, posted prices or prices on invoices or the quantity of 
counterfeit goods is equivalent to an amount of genuine goods or goods of the 
same specifications or uses assessed at under VND 30,000,000 but the offender 
has incurred an administ rative penalty for the same offence or any of the 
offences specified in Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 
hereof or has an unspent conviction for any of the aforementioned offences ;  
dd) The counterfeit goods assessed at under VND 20,0 00,000 according to their 
selling prices, posted prices or prices on invoices or the quantity of counterfeit 
goods is equivalent to an amount of genuine goods or goods of the same 
specifications or uses assessed at under VND 30,000,000  but they cause eithe r 
31% - 60% WPI for a person, a total WPI of 31% - 60% for 02 or more people, 
or property damage assessed at from VND 100,000,000 to under VND 
500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organizati on; 
dd) The counterfeit goods are assessed at from VND 100,000,000 to under VND 
200,000,000 according to their selling prices, posted prices or prices on 
invoices;  103 
 
e) The quantity of counterfeit goods is equivalent to an amount of genuine goods 
or goods of  the same specifications or uses assessed at from VND 150,000,000 
to under VND 500,000,000 if selling prices, posted prices or prices on invoices 
of counterfeit goods cannot be determined;  
g) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
h) The offence results in the death of a person;  
i) The offence causes ≥ 61% WPI for a person;  
k) The offence causes a total WPI of 61% - 121% for 02 or more people;  
l) The property damage is from VND 500,000,000 to under VND 
1,500,000,000;  
m) Counterfeit goods in the circumstances specified in Clause 1 of this Article 
are traded across the border or between a free trade zone and the domestic 
market;  
n) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The production cost of counterfeit goods is ≥ VND 100,000,000;  
b) The counterfeit goods are assessed at ≥ VND 200,000,000 according to their 
selling prices, posted prices or prices on invoices;  
c) The quantity of counterfeit goods is equivalent to an amount of genuine go ods 
or goods of the same specifications or uses assessed at ≥ VND 500,000,000 if 
selling prices, posted prices or prices on invoices of counterfeit goods cannot be 
determined;  
d) The illegal profit earned is ≥ VND 500,000,000;  
dd) The offence results in th e death of 02 or more people;  
e) The offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 61% WPI;  
g) The offence causes a total WPI of ≥ 122% for 02 or more people;  
h) The property damage is ≥ VND 1,500,000,000.  104 
 
4. The offender  might also be liable to a fine of from VND 20,000,000 to VND 
50,000,000 , be prohibited from holding certain positions or doing certain works 
for 01 - 05 years or have all or part of his/her property confiscated.  
5. Punishments incurred by a corporate leg al entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
3,000,000,000 to VND 6,000,000,000;  
c) A corporate legal entity that commits this offence in the circumsta nces 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in the circumstances 
specified in A rticle 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 19 3. Manufacturing and trading of counterfeit food or food 
additives  
1. Any person who manufactures or deals in counterfeit food or food additives 
shall face a penalty of 02 - 05 years' imprisonment.  
2. This offence committed in any of the following circumst ances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) Dangerous recidivism.  
d) The offence involves the abuse of the offender's position or power;  
dd) The offence is committed in the name of an agency or organization;  105 
 
e) Counterfeit goods are trafficked across the border or between a free trade 
zone and the domestic market;  
g) The counterfeit goods are assessed at from VND 100,000,000 to under VND 
200,000,000 according to their selling prices, posted prices or prices on 
invoices;  
h) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at from VND 150,000,000 to under VND 500,000,000 if selling 
prices, posted prices o r prices on invoices of counterfeit goods cannot be 
determined;  
i) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
k) The offence causes 31% - 60% WPI for a person;  
l) The offence causes a total WPI of 31% - 60% for 02 or more p eople;  
m) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The counterfeit goods are  assessed at ≥ VND 200,000,000 according to their 
selling prices, posted prices or prices on invoices;  
b) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at ≥ VND 500,000,000 if selling prices, posted prices or prices  
on invoices of counterfeit goods cannot be determined;  
c) The illegal profit reaped is from VND 500,000,000 to under VND 
1,500,000,000;  
d) The offence results in the death of a person;  
dd) The offence causes ≥ 61% WPI for a person;  
e) The offence causes a  total WPI of 61% - 121% for 02 or more people;  
g) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years'  imprisonment or life imprisonment:  
a) The illegal profit earned is ≥ VND 1,500,000,000;  106 
 
b) The offence results in the death of 02 or more people;  
c) The offence results in bodily harm of 02 or more people, each of whom 
suffers from ≥ 61% WPI;  
d) The offence causes a total WPI of ≥ 122% WPI for 02 or more people;  
dd) The property damage is ≥ VND 1,500,000,000.  
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
6. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of  this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
3,000,000,000 to VN D 6,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
6,000,000,000 to VND 9,000,000,000;  
d) A corporate legal entity that commits this offen ce in the circumstances 
specified in Clause 4 of this Article shall be liable to a fine of from VND 
9,000,000,000 to VND 18,000,000,000 or has its operation suspended for 06 - 
36 months;  
dd) A corporate legal entity that commits this offence in the circums tances 
specified in Article 79 hereof shall be permanently shut down;  
e) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 300,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 194. Manufacturing and trading of counterfeit medicines for 
treatment or prevention of diseases  
1. Any person who manufactures or deals in counterfeit medicines for treatment 
or prevention of diseases shall face a penalty of 02 - 07 years ' imprisonment.  107 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) Dangerous recidivi sm. 
d) The offence involves the abuse of the offender's position or power;  
dd) The offence is committed in the name of an agency or organization;  
e) Counterfeit goods are trafficked across the border or between a free trade 
zone and the domestic market;  
g) The counterfeit goods are assessed at from VND 100,000,000 to under VND 
200,000,000 according to their selling prices, posted prices or prices on 
invoices;  
h) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at from V ND 150,000,000 to under VND 500,000,000 if selling 
prices, posted prices or prices on invoices of counterfeit goods cannot be 
determined;  
i) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
k) The offence causes 31% - 60% WPI for  a person;  
l) The offence results in bodily harm to 02 or more people, each of whom suffers 
from 31% - 60% WPI;  
m) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
3. This offence committed in any of t he following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The counterfeit goods  are assessed at ≥ VND 200,000,000 according to their 
selling prices, posted prices or prices on invoices;  
b) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at ≥ VND 500,000,000 if selling prices, posted prices or pr ices 
on invoices of counterfeit goods cannot be determined;  
c) The illegal profit reaped is from VND 500,000,000 to under VND 
2,000,000,000;  108 
 
d) The offence results in the death of a person;  
dd) The offence causes ≥ 61% WPI for a person;  
e) The offence resu lts in a total 61% - 121% WPI of 02 or more people;  
g) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life imprisonment or death:  
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 or more people, each of whom 
suffers from ≥ 61% WPI;  
dd) The offence causes a total WPI of ≥ 122% for  02 or more people;  
dd) The property damage is ≥ VND 1,500,000,000.  
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all  or part of his/her property confiscated.  
6. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of th is Article shall be liable to a fine of from VND 
1,000,000,000 to VND 4,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
4,000,000,000 to VND 9 ,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
9,000,000,000 to VND 15,000,000,000;  
d) A corporate legal entity that commits this offence  in the circumstances 
specified in Clause 4 of this Article shall be liable to a fine of from VND 
15,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 
03 years;  109 
 
dd) A corporate legal entity that commits this offence in the circumsta nces 
specified in Article 79 hereof shall be permanently shut down;  
e) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 300,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 195. Manufacturing and trading of counterfeit animal feeds, 
fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds  
1. Any person who manufactures or deals in counterfeit animal feeds, fertilizers, 
veterinary medicines , pesticides, plant varieties, animal breeds in the following 
cases shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 
or face a penalty of 01 - 05 years' imprisonment:  
a) The counterfeit goods are assessed at from VND 20,000,000 to und er VND 
100,000,000 according to their selling prices, posted prices or prices on 
invoices;  
b) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods or goods having the same functions assessed at from VND 30,000,000 to 
under VND 150, 000,000 if selling prices, posted prices or prices on invoices of 
counterfeit goods cannot be determined;  
c) The counterfeit goods are assessed at under VND 20,000,000 according to 
their selling prices, posted prices or prices on invoices or the quantity o f 
counterfeit goods is equivalent to an amount of genuine goods or goods having 
the same functions assessed at under VND 30,000,000 but the offender has 
incurred an administrative penalty for the same offence or any of the offences 
specified in Article 188 , 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has 
an unspent conviction for any of the aforementioned offences ;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in  any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) Dangerous recidivism.  
d) The offence involves the abuse of the  offender's position or power;  110 
 
dd) The offence is committed in the name of an agency or organization;  
e) Counterfeit goods are trafficked across the border or between a free trade 
zone and the domestic market;  
g) The counterfeit goods are assessed at from VND 100,000,000 to under VND 
200,000,000 according to their selling prices, posted prices or prices on 
invoices;  
h) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at from VND 150,000,000 to under VND 500,000,000 if s elling 
prices, posted prices or prices on invoices of counterfeit goods cannot be 
determined;  
i) The property damage is from VND 500,000,000 to under VND 
1,500,000,000;  
k) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The counterfeit goods are assessed at ≥ VND 200,000,000 according to their 
selling prices, posted prices or prices on invoices;  
b) The quantity of counterfeit goods is equivalent to an amount of genuine 
goods assessed at ≥ VND 500,000,000 if selling pri ces, posted prices or prices 
on invoices of counterfeit goods cannot be determined;  
c) The property damage caused by the offence is assessed at from VND 
1,500,000,000 to under VND 3,000,000,000;  
d) The illegal profit reaped is from VND 500,000,000 to under  VND 
2,000,000,000;  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The property damage is ≥ VND 3,000,000,000;  
b) The illegal profit earned is ≥ VND 2,000,000,000.  
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  111 
 
6. Punishments incurred by a corporate legal ent ity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
3,000,000,000 to VND 6,000,000,000;  
c) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
6,000,000,000 to VND 9,000,000,000;  
d) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 4 of this Article shall be liable to a fine of fr om VND 
9,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 
36 months;  
dd) A corporate legal entity that commits this offence in the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
e) The violating corpor ate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 300,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 196. Hoarding  
1. Any person who takes advantage of the scarcity or fakes sc arcity during a 
natural disaster, epidemic, war or financial hardship to buy in large quantities 
and stockpile goods from a price stabilization program or goods priced by the 
State in order to earn illegal profit in any of the following circumstances shall  be 
liable to a fine of from VND 30,000,000 to VND 300,000,000 or face a penalty 
of 06 - 36 months' imprisonment:  
a) The goods are assessed at from VND 500,000,000 to under VND 
1,500,000,000;  
b) The illegal profit reaped is from VND 100,000,000 to under VN D 
500,000,000.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  112 
 
a) The offence is committed by an organized group;  
b) The offence involv es the abuse of the offender's position or power;  
c) The offence is committed in the name of an agency or organization;  
d) The goods are assessed at from VND 1,500,000,000 to under VND 
3,000,000,000;  
dd) The illegal profit earned is from VND 500,000,000 to  under VND 
1,000,000,000;  
e) The offence has a negative impact on social safety, order and security.  
3. This offence committed in any of the following circumstances carries a fine of 
from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 07 - 15 years ' 
imprisonment:  
a) The goods are assessed at ≥ VND 3,000,000,000;  
b) The illegal profit reaped is ≥ VND 1,000,000,000;  
c) Dangerous recidivism.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
200,000,000, be prohibited from holding certain pos itions or doing certain 
works for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 4,000,000,000;  
c) A corporate legal entity 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 
4,000,000,000 to VND 9,000,000,000;  
d) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 300,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 197. False advertising  113 
 
1. Any person who falsely advertises his/her goods or se rvices despite the fact 
that he/she has incurred an administrative penalty or has an unspent conviction 
for the same offence shall be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence.  
2. The  offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 198. Deceiving customers  
1. Any person who fraudulently measures goods or servi ces or commits other 
fraudulent acts while buying or selling goods/services in any of the following 
circumstances shall receive a warning, be liable to a fine of from VND 
10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community 
sentence : 
a) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence;  
b) The illegal profit reaped is from VND 5,000,000 to under VND 50,000,000.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offence involves the use of deceitful methods;  
d) The illegal profit earned is ≥ VND 50,000,000.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 199. Offences related t o electricity supply  
1. A person who commits any of the following acts and causes bodily harm for a 
person who suffers 31% - 60% WPI, causes bodily harm for 02 or more people 
who suffers a total WPI of 31% - 60% or causes property damage assessed at 
from V ND 100,000,000 to under VND 500,000,000 or such person has incurred 
a disciplinary or administrative penalty or has an unspent conviction for the 
same offence shall be liable to a fine of from VND 30,000,000 to VND 114 
 
150,000,000, face a penalty of up to 02 y ears' community sentence or 03 - 24 
months' imprisonment:  
a) Cutting electricity without legitimate reasons or notification as prescribed;  
b) Refuses to supply electricity without legitimate reasons;  
c) Delaying solving an electricity break down without l egitimate reasons;  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 150,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence results in the death of a person;  
b) The offence result s in bodily harm to a person who suffers ≥ 61% WPI or 
bodily harm to 02 or more people who suffer totally 61% - 121% WPI;  
c) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed  in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of 02 or more people;  
b) The offence results in bodily harm to 02 or more people, each of whom 
suffers ≥ 61% WPI or bodily harm to 02 or more people who suffer totally ≥ 
122% WPI;  
c) The property damage is ≥ VND 1,500,000,000.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Section 2. OFFENCES RELATED TO TAXATION, FINANCE, 
BANKING, SECURITIES, INSURANCE  
Article 200. Tax evasion  
1. A person who commits any of the following acts of tax evasion with an 
amount of from VND 100,000,000 to under VND 300,000,000 or un der VND 
100,000,000 despite the fact that he/she has incurred an administrative penalty 
for tax evasion or has an unspent conviction for any of the offences specified in 
Article 188, 189, 190, 191, 192, 193, 194, 195, 196, 202, 248, 249, 250, 251, 
252, 253 , 254, 304, 305, 306, 309 and 311 hereof shall be liable to a fine of from 115 
 
VND 100,000,000 to VND 500,000,000 or face a penalty of 03 - 24 months' 
imprisonment:  
a) Failure to submit the application for tax registration; failure to submit tax 
declaration; f ailure to submit tax declarations on schedule as prescribed by law;  
b) Failure to record revenues related to the determination of tax payables in 
accounting books;  
c) Failure to issue invoices after selling goods/services or write lower values on 
invoices than actual values of goods/services sold;  
d) Use of illegal invoices or vouchers to record purchased goods and raw 
materials that results in reduction of tax payable or increase exempt, reduced, 
deductible or refundable tax;  
dd) Use of other illegal docum ents to falsify the amount of tax payable or 
increase exempt, reduced, deductible or refundable tax;  
e) Making incorrect declaration of exported or imported goods without making 
an additional declaration after customs clearance are granted;  
g) Deliberately  omitting tax or declaring incorrect tax on exported or imported 
goods;  
h) Colluding with the shipper to import goods;  
i) Using tax -free goods, goods eligible for tax exemption or conditional tax 
exemption for improper purposes without notifying the change  of purposes to 
the tax authority.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 1,500,000,000 or a penalty of 01 - 03 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The amount of tax evaded is from VND 300,000,000 to under VND 
1,000,000,000;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence has been committed more than once;  
dd) Dangerous recidivism.  116 
 
3. If the evaded tax is ≥ VND 1,000,000,000, the offender shall be liable to a 
fine of from VND 1,500,000,000 to VND 4,500,000,000 or face a penalty of 02 
- 07 years' imprisonment.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) Any corporate le gal entity that commits an offence specified in Clause 1 of 
this Article despite the fact that it has incurred an administrative penalty or has 
an unspent conviction for the same offence shall be liable to a fine of from VND 
300,000,000 to VND 1,000,000,00 0; 
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity 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 
3,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 
36 months;  
d) A corporate legal entity that commits this offence in any of the circ umstances 
specified in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operating in certain 
fields or raising capital for 0 1 - 03 years.  
Article 201. Usury in civil transactions  
1. Any person who offers loans at an interest rate that is five times higher than 
the maximum interest rate specified in the Civil Code and earns an illegal profit 
of from VND 30,000,000 to under VND 1 00,000,000 or recommits this offence 
despite the fact that he/she has incurred an administrative penalty or has an 
unspent conviction for the same offence shall be liable to a fine of from VND 
50,000,000 to VND 200,000,000 or face a penalty of up to 03 yea rs' community 
sentence.  117 
 
2. If the illegal profit earned is ≥ VND 100,000,000, the offender shall be liable 
to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of 
06 - 36 months' imprisonment.  
3. The offender might also be liable to a fine of from VND 30,000,0 00 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 202. Making, dealing in fake stamps or tickets  
1. Any person who makes or deals in fake stamps or tickets in any of the 
following circumst ances shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 
- 36 months' imprisonment:  
a) The quantity of fake stamps or tickets without face values is from 15,000 to 
under 30,000 pieces;  
b) The value of fake stamps or tickets having face values is from VND 
50,000,000 to under VND 200,000,000;  
c) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence;  
d) The illegal profit reaped is fro m VND 30,000,000 to under VND 
100,000,000;  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence is committed by an organized gr oup; 
b) The offence involves the abuse of the offender's position or power;  
c) The quantity of fake stamps or tickets without face values is ≥ 30,000 pieces;  
d) The value of fake stamps or tickets having face values is ≥ VND 
200,000,000;  
dd) The illegal pr ofit earned is ≥ VND 100,000,000;  
c) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  118 
 
Article 203. Printing,  issuing, dealing in illegal invoices and receipts for 
payment of state revenues  
1. Any person who prints, issues, deals in illegal blank invoices and receipts for 
payment of state revenues with a quantity of 50 - 100 or illegal filled invoices 
and receipt s with a quantity of 10 - 30 or the illegal profit earned is from VND 
30,000,000 to under VND 100,000,000 shall be liable to a fine of from VND 
50,000,000 to VND 200,000,000, face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonm ent. 
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offence involves the abuse of the offender's position or power;  
d) The quantity of blank invoices and receipts is ≥ 100; the quantity of filled 
invoices an receipts is ≥ 30;  
dd) The illegal profit earned is ≥ VND 100,000,000;  
e) The loss incurred by state budget is ≥ VND 100,000,000;  
g) Dangerous recidivism.  
3. The off ender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences speci fied in this Article:  
a) A corporate legal entity 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 
100,000,000 to VND 500,000,000;  
b) A corporate legal entity that commits th is offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
500,000,000 to VND 1,000,000,000;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Article 79 her eof shall be permanently shut down;  119 
 
d) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 204. Violations a gainst regulations on preservation, management of 
invoices and receipts for payment of state revenues  
1. Any person who is responsible for preservation, management of invoices and 
receipts and violates regulations of the State on preservation and managemen t of 
invoices and receipts and causes a loss of from VND 100,000,000 to under VND 
500,000,000 incurred by the state budget or another person shall be liable to a 
fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 
years community s entence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 06 - 03 years' 
imprisonment:  
a) The offence has been committed more than once;  
b) The loss is ≥ VND 500,000,0 00. 
3. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 205. Establishing illegal funds  
1. Any person who abuses his/her position or power to establish a fund against 
the law and the use of such fund results in damage state property from VND 
50,000,000 to under VND 200,000,000 or recommits this offence despite the 
fact that he/she has incurred a disciplinary penalty for the same offence shall be 
liable to a fine of from VND 50,000,000 to V ND 100,000,000 or face a penalty 
of up to 03 years' community sentence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) Deceitful met hods are employed to avoid control;  
b) The fund is established to commit other illegal acts;  
c) The damage to state property is from VND 200,000,000 to under VND 
1,000,000,000;  120 
 
3. If the damage to state property is ≥ VND 1,000,000,000, the offender shall 
face a penalty of 05 - 10 years' imprisonment.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 206. Violations against re gulations on operation of credit institutions 
and branches of foreign banks  
1. A person who deliberately commits any of the following acts that lead to 
property damage assessed at from VND 100,000,000 to under VND 
300,000,000 shall be liable to a fine of from VND 50,000,000 to VND 
300,000,000 or face a penalty of 06 - 36 months' imprisonment:  
a) Extending credit to entities ineligible for credit extension, except for credit 
cards;  
b) Extending credits without guarantee or extending credits with preferentia l 
conditions for entities ineligible for credit extension as prescribed by law;  
c) Trespassing credit safety limits prescribed by the Law on credit institutions or 
falsely increasing value of collateral during assessment in order to extend credit;  
d) Viola tions against regulations on total credit balance applied to entities 
restricted from credit extension;  
dd) Extending credits beyond the equity to a client and relevant persons, unless 
the approval is granted by a competent person as prescribed by law;  
e) Violations against regulations on capital contribution, capital contribution 
limit, shares purchase, conditions for credit extension or asset trading;  
g) Issuing, providing, using of illegal payment facilities; forging payment 
documents or payment faciliti es; using fake payment documents or payment 
facilities; engaging in banking operation without permission by a competent 
authority.  
2. If the property damage caused by the offence is assessed at from VND 
300,000,000 to under VND 1,000,000,000, the offender shall face a penalty of 
03 - 07 years' imprisonment.  
3. If the property damage caused by the offence is assessed at from VND 
1,000,000,000 to under VND 3,000,000,000, the offender shall face a penalty of 
07 - 12 years' imprisonment.  121 
 
4. If the property dama ge caused by the offence is assessed at ≥ VND 
3,000,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 207. Pro duction, possession, transport of counterfeit money  
1. Any person who produces, possesses or transports counterfeit money shall 
face a penalty of 03 - 07 years' imprisonment.  
2. If value of counterfeit money is from VND 5,000,000 to under VND 
50,000,000, t he offender shall face a penalty of 05 - 12 years' imprisonment.  
3. If value of counterfeit money is ≥ VND 50,000,000, the offender shall face a 
penalty of 10 - 20 years' imprisonment or life imprisonment.  
4. A person who prepares for the commission of this offence shall face a penalty 
of up to 03 years' community sente nce or 01 - 03 years' imprisonment.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or have all or part of his/her property confiscated.  
Article 208. Production, possession, transport, circulation of counterfeit 
negotiable instruments or other valuable papers  
1. Any person who produces, possesses, transports or circulates counterfeit 
negotiable instruments or other valuable papers shall face a penalty of 02 - 07 
years' imprisonment.  
2. If value of counterfeit negotia ble instruments or valuable papers is from VND 
10,000,000 to under VND 100,000,000, the offender shall face a penalty of 05 - 
10 years' imprisonment.  
3. If value of counterfeit negotiable instruments or valuable papers is from VND 
100,000,000 to under VND 300,000,000, the offender shall face a penalty of 10 
- 15 years' imprisonment.  
4. If value of counterfeit negotiable instruments or valuable papers is ≥ VND 
300,000,000, the offender shall face a penalty of 15 - 20 years' imprisonment.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or have all or part of his/her property confiscated.  
Article 209. Provision of false information or concealment of information in 
securities activities  122 
 
1. Any person who deliberately provides false information or conceals 
information in offering, listing, trading securit ies, market organization, 
registration, depositing, clearing or paying for securities in any of the following 
circumstances shall be liable to a fine of from VND 100,000,000 to VND 
500,000,000 or up to 02 years' community sentence or 03 - 24 months' 
impris onment:  
a) The loss incurred by investors is from VND 1,000,000,000 to under VND 
3,000,000,000;  
b) The illegal profit reaped is from VND 500,000,000 to under VND 
1,000,000,000;  
c) The offender has incurred an administrative penalty for the same offence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 2,000,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The illegal profit reaped is ≥ VND 1,000,000,000;  
c) The loss incurred by investors is ≥ VND 3,000,000,000;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, be prohibited from holding cer tain positions or doing certain 
works for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in any of the circumstances 
speci fied in Clause 1 of this Article shall be liable to a fine of from VND 
500,000,000 to VND 2,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
2,000,000,000 to VND 5,000,000,000;  
c) The violating corporate legal entity might also be banned from operating in 
certain fields or raising capital for 01 - 03 years.  
Article 210. Use of internal information for trading securities  123 
 
1. Any person who has inf ormation about a public company or public fund 
which has not been published and could remarkably affect securities price of 
that public company or public fund but and uses such information to deal in 
securities or discloses it or provides it for another pe rson for trading securities 
and earns an illegal profit of from VND 300,000,000 to under VND 
1,000,000,000 or causes a loss to investors of from VND 500,000,000 to under 
VND 1,500,000,000 shall be liable to a fine of from VND 500,000,000 to VND 
2,000,000,0 00 or face a penalty of 07 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The illegal profit reaped is ≥ VND 1,000,000,000;  
c) The loss incurred by investors is ≥ VND 1,500,000,000;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, be prohibi ted from holding certain positions or doing certain 
works for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
1,000,000,000 to VND 5,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable  to fine of from VND 
5,000,000,000 to VND 10,000,000,000;  
c) The violating corporate legal entity might also be banned from operating in 
certain fields or raising capital for 01 - 03 years.  
Article 211. Manipulation of securities market  
1. A person who del iberately commits any of the following acts and earns a 
profit of from VND 500,000,000 to under VND 1,500,000,000 or causes a loss 
to investors of from VND 1,000,000,000 to under VND 3,000,000,000 shall be 124 
 
liable to a fine of from VND 500,000,000 to VND 2, 000,000,000 or face a 
penalty of 06 - 36 months' imprisonment:  
a) Using one or multiple accounts of the offender or another person or colluding 
with another person, to continuously buying and selling securities in order to 
create false demand and supply;  
b) Colluding with another person to place orders for purchase and sale of the 
same type of securities within the day or selling and buying securities without 
actual transfer of ownership or ownership is only transferred within the group in 
order to create f alse demand and supply;  
c) Continuously buying or selling securities with a controlling quantity at the 
opening or closing time of the market in order to create a new closing price or 
opening price for such type of securities on the market;  
d) Trading secu rities by colluding with another person or persuade another 
person to continuously place securities purchase and sale orders to remarkably 
affect the demand, supply and securities prices or manipulate securities prices;  
dd) Offer opinions whether directly or via the media about a type of securities or 
securities issuer in order to affect the price of that type of securities after a 
transaction has been made in order to have an advantage from it.  
e) Using other methods or commit other acts to create false de mand and supply 
in order to manipulate securities prices.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 2,000,000,000 to VND 4,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence is committed  by an organized group;  
b) The illegal profit reaped is ≥ VND 1,500,000,000;  
c) The loss incurred by investors is ≥ VND 3,000,000,000;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
250,000,000, be pro hibited from holding certain positions or doing certain 
works for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  125 
 
a) A corporate legal entity 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 5,000,000,000;  
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be li able to fine of from VND 
5,000,000,000 to VND 10,000,000,000;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
d) The violating corporate legal entity might als o be liable to a fine of from 
VND 500,000,000 to VND 2,000,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 212. Forging documents in offering or listing profile  
1. A person who forges documents of the offer ing or listing profile and earns a 
profit of from VND 1,000,000,000 to under VND 2,000,000,000 or causes a loss 
to investors of from VND 1,000,000,000 to under VND 3,000,000,000 shall be 
liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face  a 
penalty of 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The illegal profit earned is ≥ VND 2,000,000,000;  
b) The loss incurred by investors is ≥ VND 3,000,000,000;  
c) The offence is committed by an organized group;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000  to VND 
250,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 213. Insurance fraud  
1. A person who commits any of the following acts and illegally obtain an 
amount of insurance payout of from VND 20,000 ,000 to under VND 
100,000,000 or causes damage assessed at from VND 50,000,000 to under VND 
200,000,000 shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence:  126 
 
a) Colluding with the insur ed to receive indemnity or insurance payout against 
the law;  
b) Forging documents, falsifying information to reject insurance claims in an 
occurrence;  
c) Forging documents, falsifying information in the request for indemnity or 
insurance payout;  
d) Causing  damage to the offender's property or health to receive insurance 
benefits unless otherwise prescribed by law.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 300,000,000 or a penalty of 01 - 03 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves the use of deceitful methods;  
b) The amount of insurance payout illegally obtained is from VND 100,000,000 
to under VND 500,000,000;  
d) The property damage cau sed by the offence is assessed at from VND 
200,000,000 to under VND 1,000,000,000;  
dd) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The amount of insurance payout  illegally obtained is ≥ VND 500,000,000;  
b) The damage is ≥ VND 1,000,000,000.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) If this offence involves any of the factors specified in Clause 1 of this Article 
and the amount of insurance payout illegally obtained is f rom VND 200,000,000 
to under VND 1,000,000,000 or the damage inflicted is from VND 400,000,000 
to under VND 2,000,000,000, the offender shall be liable to a fine of from VND 
200,000,000 to VND 1,000,000,000;  127 
 
b) If this offence involves any of the factors s pecified in Point a through d 
Clause 2 of this Article and the amount of insurance payout illegally obtained is 
from VND 1,000,000,000 to under VND 3,000,000,000 or the damage inflicted 
is from VND 2,000,000,000 to under VND 5,000,000,000, the offender sha ll be 
liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;  
c) If the insurance payout illegally obtained is ≥ VND 3,000,000,000 or the 
damage inflicted is ≥ VND 5,000,000,000, the offender shall be liable to a fine 
of from VND 3,000,000,000 to VND 7,000,000,000;  
d) The corporate legal entity that commits this offe nce might also be banned 
from operating in certain fields or raising capital for 01 - 03 years.  
Article 214. Social insurance and unemployment insurance fraud  
1. A person who commits any of the following acts and to illegally obtain an 
amount of social ins urance or unemployment insurance payout of from VND 
10,000,000 to under VND 100,000,000 or causes damage assessed at from VND 
20,000,000 to under VND 200,000,000 except in the circumstances specified in 
Article 174, 353 and 355 hereof shall be liable to a fine of from VND 
20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment:  
a) Forging or falsifying social insurance or unemployment insurance documents 
to deceive social insurance authorities;  
b) Using forged or falsified documents to deceive social insurance authorities 
into providing social insurance or unemployment insurance benefits.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The amount of social insurance or unemployment insurance payout illegally 
obtained is from VND 100,000,000 to under VND 500,000,000;  
d) The property damage caused by the offence is assessed at from VND 
200,000,000 to under VND 500,000,000;  
dd) The offence involves the use of deceitful methods;  
c) Dangerous recidivism.  128 
 
3. This offence committed i n any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The amount of social insurance or unemployment insurance payout illegally 
obtained is ≥ VND 500,000,000;  
b) The damage is ≥ VND 500,000,000.  
4. The offender might als o be liable to a fine of from VND 10,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 215. Health insurance fraud  
1. A person who commits any of the following acts and to illegally o btain an 
amount of health insurance payout of from VND 10,000,000 to under VND 
100,000,000 or causes damage assessed at from VND 20,000,000 to under VND 
200,000,000 except in the circumstances specified in Article 174, 353 and 355 
hereof shall be liable to  a fine of from VND 20,000,000 to VND 100,000,000 or 
face a penalty of up to 02 years' community sentence or 03 - 24 months' 
imprisonment:  
a) Forging medical records or prescriptions, falsely increase the quantity or 
types of medicines, medical equipment, services, treatment costs and other costs 
that are not incurred by the patient;  
b) Forging documents, health insurance cards or using fake, revoked, falsified 
health insurance cards, health insurance cards of other people in order to 
illegally obtain healt h insurance benefits.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence i s committed in a professional manner;  
c) The amount of health insurance payout illegally obtained is from VND 
100,000,000 to under VND 500,000,000;  
d) The property damage caused by the offence is assessed at from VND 
200,000,000 to under VND 500,000,000;  
dd) The offence involves the use of deceitful methods;  
c) Dangerous recidivism.  129 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The amount of health insurance payout illegally obtained is ≥ VND 
500,000,000;  
b) The damage is ≥ VND 500,000,000.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
Article 216. Evading pay ment of social insurance, health insurance, 
unemployment insurance for workers  
1. A person who is responsible for paying social insurance, health insurance and 
unemployment insurance for his/her workers but fails to pay or pays 
insufficiently for 06 months  or more in any of the following circumstances 
despite the fact that he/she has incurred an administrative penalty for the same 
offence shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 
or face a penalty of up to 01 year's community sente nce or 03 - 12 months' 
imprisonment:  
b) The amount of insurance contribution evaded is from VND 50,000,000 to 
under VND 300,000,000;  
b) The offenders evades paying pay insurance for 10 - 49 workers.  
2. This offence committed in any of the following circums tances carries a fine of 
from VND 200,000,000 to VND 500,000,000 or a penalty of 06 - 36 months' 
imprisonment:  
a) The offence has been committed more than once;  
b) The amount of insurance contribution evaded is from VND 300,000,000 to 
under VND 1,000,000,0 00; 
c) The offenders fails to pay insurance for 50 - 199 workers;  
d) The offenders collects or deducts insurance contribution from the workers as 
prescribed in Point a or Point b Clause 1 of this Article but fails to pay 
insurance.  
3. This offence committe d in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  130 
 
a) Th e amount of insurance contribution evaded is ≥ VND 1,000,000,000;  
b) The offender fails to pay insurance for ≥ 200 workers;  
c) The offenders collects or deducts insurance contribution from the workers as 
prescribed in Point b or Point c Clause 2 of this Ar ticle but fails to pay 
insurance.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
200,000,000 to VND 500,000,000;   
b) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
500,000,000 to VND 1,000,000,000;  
c) A corporate legal entity that commits this offence in any of the cir cumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000.  
Section 3. OTHER CRIMINAL OFFENCES AGAINST ECONOMIC 
LAW  
Article 217. Offences against regulations of law on competition  
1. Any person  who participates in or commits any of the following violations 
against regulations on competition and earns an illegal profit of from VND 
500,000,000 to under VND 3,000,000,000 or causes damage for another person 
assessed at from VND 1,000,000,000 to unde r VND 5,000,000,000 shall be 
liable to a fine of from VND 200,000,000 to VND 1000,000,000 or face a 
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.  
a) Reaching an agreement on preventing another enterprise from participating 
the market or developing its business;  
b) Reaching an agreement on eliminating another enterprise which is not a party 
to such agreement from the market;  131 
 
c) Reaching an agreement on limited competition while the parties to such 
contract has a total market share of ≥ 30%, including: agreement on directly or 
indirectly pricing goods/services; agreement on division of market, 
goods/services supply; agreement on restriction or control of quantity of 
goods/services; agreement on restriction on technological deve lopment or 
investment; agreement on imposition of conditions upon other enterprises for 
conclusion of sale contracts or forcing other enterprises to assume obligations 
that are not related to the contracts.  
2. This offence committed in any of the following  circumstances carries a fine of 
from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence has been committed more than once;  
b) The offence involves the use of deceitful methods;  
c) The offenders takes advanta ge of its dominant position or monopoly on the 
market;  
d) The illegal profit earned is ≥ VND 5,000,000,000;  
dd) The damage incurred by other enterprises is ≥ VND 3,000,000,000.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this off ence in any of the circumstances 
specified in Clause 1 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of thi s Article shall be liable to a fine of from VND 
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 24 
months;  
c) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, banned from operating in certain fields 
or raising capital for 01 - 03 years.  
Article 218. Offences against regulations of law property auction  132 
 
1. A person who commits any of the following violations and earns an illegal 
profit of from VND 30,000,000 to under VN D 200,000,000 or causes damage 
for another person assessed at from VND 50,000,000 to under VND 
300,000,000 shall be liable to a fine of from VND 20,000,000 to VND 
200,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 
months' impris onment.  
a) Making a fake list of registered bidders;  
b) Forging documents to participate in the auction;  
c) Colluding with other people to decrease or increase prices during a property 
auction.  
2. This offence committed in any of the following circumstance s carries a fine of 
from VND 200,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The illegal profit reaped is ≥ VND 200,000,000;  
c) The damage is ≥ VND 300,000,000;  
d) The offe nce has been committed more than once;  
dd) The offence involves the use of deceitful methods;  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, prohibited from holding certain positions or doing certain works for 
01 - 05 years.  
Article 219. Offences against regulations on the management and use of 
State -owned property that lead to losses or wastefulness  
Any person who is responsible for the management and use of State -owned 
property but causes a loss or wastefulness of  from VND 100,000,000 to under 
VND 300,000,000 or under VND 100,000,000 while having incurred a 
disciplinary penalty for the same offence shall face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence is committed for self -seeking purposes;  
b) The offence is committed by an organized group;  133 
 
c) The offence involves the use of deceitful methods;  
d) The p roperty damage caused by the offence is assessed at from VND 
300,000,000 to under VND 1,000,000,000.  
3. If the property damage caused by the offence is assessed at from ≥ VND 
1,000,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited from holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 220. Offences against regulations on the management and use public 
capital that le ad to serious consequences  
1. A person who abuses his/her position or power to commit any of the 
following acts and causes damage assessed at from VND 100,000,000 to under 
VND 300,000,000 or under VND 100,000,000 while having incurred a 
disciplinary penalt y for the same offence except for the case in Article 224 of 
hereof shall face a penalty of up to 03 years' community sentence or 01 - 05 
years' imprisonment:  
a) Violations against regulations on decision of investment policies;  
b) Violations against regul ations on establishment and assessment of investment 
policies;  
c) Violations against regulations on deciding investment in programs/projects;  
d) Violations against regulations on counseling and designing 
programs/projects.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence is committed for self -seeking purposes;  
b) The offence is committed by an organized group;  
c) The offence involves the use of deceitful methods;  
d) The offence results in damage from VND 300,000,000 to under VND 
1,000,000,000.  
3. If the damage caused by the offence is assessed at VND 1,000,000,000 to 
over, the offender shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited f rom holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property confiscated.  134 
 
Article 221. Offences against regulations of law on accounting that lead to 
serious consequences  
1. A person who abuses his/her posi tion or power to commit any of the 
following acts and causes damage assessed at from VND 100,000,000 to under 
VND 300,000,000 or under VND 100,000,000 while having incurred a 
disciplinary penalty for the same offence shall face a penalty of up to 03 years'  
community sentence or 01 - 05 years' imprisonment:  
a) Forging, falsifying accounting documents or colluding with, forcing another 
person to do so;  
b) Inciting, colluding with or forcing another person to provide or certify 
incorrect accounting information  and data;  
c) Omitting assets of or related to the accounting unit from its accounting books;  
d) Destroying or deliberately damaging accounting documents before expiration 
of retention period prescribed in the Law on Accounting;  
dd) Making two or more acc ounting book systems to omit assets, capital 
sources, funds of the accounting unit from its accounting books.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence is committed for self-seeking purposes;  
b) The offence is committed by an organized group;  
c) The offence involves the use of deceitful methods;  
d) The offence results in damage from VND 300,000,000 to under VND 
1,000,000,000.  
3. If the damage caused by the offence is asse ssed at VND 1,000,000,000 to 
over, the offender shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited from holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property co nfiscated.  
Article 222. Offences against regulations of law on bidding that lead to 
serious consequences  
1. A person who commits any of the following acts and causes damage assessed 
at from VND 100,000,000 to under VND 300,000,000 or under VND 
100,000,000 while having incurred a disciplinary penalty for the same offence 135 
 
shall face a penalty of up to 03 years' community sentence or 01 - 05 years' 
imprisonment:  
a) Illegally interfering with bidding activities;  
b) Colluding with other bidders in bidding;  
c) Co mmit frauds in bidding;  
d) Obstructing bidding activities;  
dd) Committing regulations of law on assurance of fairness and transparency of 
bidding;  
e) Holding contractor selection before capital sources are determined that result 
in inability to pay contrac tors; 
g) Illegally transferring the contract.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence is committed for self -seeking purposes;  
b) The offence is committed by an organiz ed group;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence involves the use of deceitful methods;  
dd) The offence results in damage from VND 300,000,000 to under VND 
1,000,000,000.  
3. If the damage caused by the offence  is assessed at VND 1,000,000,000 to 
over, the offender shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited from holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her pro perty confiscated.  
Article 223. Collusion with taxpayer that lead to serious consequences  
1. A person who abuses his/her position or power to commits any of the 
following acts and causes a loss of tax from VND 100,000,000 to under VND 
300,000,000 or under VND 100,000,000 while having incurred a disciplinary 
penalty for the same offence shall face a penalty of up to 03 years' community 
sentence or 01 - 05 years' imprisonment:  136 
 
a) Granting tax exemption or reduction, cancellation of tax debt or fine or 
refundi ng tax against the Law on Tax administration and other regulations of 
law on taxation;  
b) Certifying a taxpayer's fulfillment of his/her tax liability against the Law on 
Tax administration and other regulations of law on taxation.  
2. This offence committed  in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence is committed for self -seeking purposes;  
b) The offence is committed by an organized group;  
c) The offence involves the use of deceitful methods;  
d) The amount of tax loss is from VND 300,000,000 to under VND 
1,000,000,000.  
3. If offence results in a tax loss of VND 1,000,000,000 to over, the offender 
shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited from holding  certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 224. Offences against regulations of law on investment in 
construction that lead to serious consequences  
1. A person who abuses his/her  position or power to commits any of the 
following acts and causes damage assessed at from VND 100,000,000 to under 
VND 300,000,000 or under VND 100,000,000 while having incurred a 
disciplinary penalty for the same offence shall face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment:  
a) Deciding investment in construction against the Law on Construction;  
b) Making, assessing, approving a design or budget estimate, adjusting a budget 
estimate, accepting a construction funded by t he State against the Law on 
Construction;  
c) Selecting unqualified contractors to execute the construction;  
d) Colluding with another entities in falsifying the result of project planning, 
survey, design, construction supervision.  
2. This offence committed  in any of the following circumstances carries a 
penalty of 03 - 12 years' imprisonment:  137 
 
a) The offence is committed for self -seeking purposes;  
b) The offence is committed by an organized group;  
c) The offence involves the use of deceitful methods;  
d) The offence results in damage from VND 300,000,000 to under VND 
1,000,000,000.  
3. If the damage caused by the offence is assessed at VND 1,000,000,000 to 
over, the offender shall face a penalty of 10 - 20 years' imprisonment.  
4. The offender might also be proh ibited from holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 225. Infringement of copyrights and relevant rights  
1. A person who, without the consent of the holders of copyright s and relevant 
rights, deliberately commits any of the following acts which infringe upon 
copyrights and relevant rights protected in Vietnam and earns an illegal profit of 
from VND 50,000,000 to under VND 300,000,000 or causes a loss of from 
VND 100,000,0 00 to under VND 500,000,000 for the holders of such copyrights 
and relevant rights or with the violating goods assessed at from VND 
100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 
50,000,000 to VND 300,000,000 or face a penalty o f up to 03 years' community 
sentence:  
a) Making copies of works, video recordings or audio recordings;  
b) Making the copies of works, video recordings or audio recordings publicly 
available.  
2. This offence committed in any of the following circumstances c arries a fine of 
from VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 - 03 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The illegal profit reaped is ≥ VND 300,000,000;  
d) The loss incurred by the holders of copyrights and relevant rights is ≥ VND 
500,000,000;  
dd) The illegal goods are assessed at ≥ VND 500,000,000.  138 
 
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
200,000,000, prohibited from h olding certain positions or doing certain works 
for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) Any corporate legal entity that commits an offence specified in Clause 1 o f 
this Article despite the fact that it has incurred an administrative penalty or has 
an unspent conviction for the same offence shall be liable to a fine of from VND 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this offence i n any of the circumstances 
specified in Clause 2 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 24 
months;  
c) The violating corporate legal entity might also be liable to a f ine of from 
VND 100,000,000 to VND 300,000,000 , be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 226. Infringement of industrial property rights  
1. A person who infringes industrial property rights to a trademark  or 
geographical indication protected in Vietnam and earns an illegal profit of from 
VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 
200,000,000 to under VND 500,000,000  to the owner of such trademark  or 
geographical indication or with t he infringing  goods assessed at from VND 
200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 
50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community 
sentence.  
2. The  offence committed in any of the following circ umstances carries a fine of 
from VND 500,000,000 to VND 1,000,000,000 or a penalty of 06 months - 03 
years' imprisonment:  
a) It is o rganized  crime ;  
b) It is committed twice or more;  
c) The illegal profit reaped is from  VND 300,000,000;  139 
 
d) The loss caused to the owner of the trademark or geographical indication is 
from  VND 500,000,000;  
dd) The illegal goods are assessed at from VND 500,000,000.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
200,000,000, be prohibited from holdi ng certain positions or doing certain 
works for 01 - 05 years.  
4. A corporate legal entity that commits any of the offences specified in this 
Article shall be penalized as follows : 
a) Any corporate legal entity that commits an offence specified in Clause 1  of 
this Article despite the fact that it has incurred an administrative penalty or has 
an unspent conviction for the same offence ,  shall be liable to a fine of from 
VND 500,000,000 to VND 2,000,000,000;  
b) A corporate legal entity that commits this offen ce in any of the circumstances 
specified in Clause 2 of this Article shall be liable to a fine of from VND 
2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 24 
months;  
c) A crime -committing  corporate legal entity might also be liab le to a fine of 
from VND 100,000,000 to VND 500,000,000, be banned from operating in 
certain fields or raising capital for 01 - 03 years.  
Article 227. Offences against regulations on survey, exploration and 
extraction of resources  
1. Any person who violate s regulations of the State on survey, exploration and 
extraction of resources on land, islands, inland waterway, territorial waters, 
exclusive economic zones, continental shelves and airspace of Vietnam without 
a license or against the license in any of th e following circumstances or 
recommits this offence despite the fact that he/she has incurred an administrative 
penalty or has an unspent conviction for the same offence shall be liable to a 
fine of from VND 300,000,000 to VND 1,500,000,000 or face a penal ty of 06 - 
36 months' imprisonment:  
a) The illegal profit from survey, exploration, extraction of water resources, 
petroleum or other resources is from VND 100,000,000 to under VND 
500,000,000;  140 
 
b) The resources extracted are assessed at from VND 500,000,00 0 to under 
VND 1,000,000,000;  
c) The offence causes 31% - 60% WPI for a person.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) Th e illegal profit from survey, exploration, extraction of water resources, 
petroleum or other resources is ≥ VND 500,000,000;  
b) The resources extracted are assessed at ≥ VND 1,000,000,000;  
c) The offence is committed by an organized group;  
d) The offence r esults in an environmental emergency;  
dd) The offence results in bodily harm to 02 people, each of whom suffers ≥ 
61% WPI; or bodily harm to 04 people, each of whom suffers ≥ 31% WPI;  
e) The offence results in the death of a person.  
3. The offender might a lso be liable to a fine of from VND 50,000,000 to VND 
500,000,000.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) Any corporate legal entity that commits the offence specified in Clause 1 of 
this Article despite the fact that it has incurred an administrative penalty or has 
an unspent conviction for the same offence shall be liable to a fine of from VND 
1,500,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offenc e in any of the circumstances 
specified in Clause 2 of this Article shall be liable to a fine of from VND 
3,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 
months;  
c) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 228. Offences against regulations on land use  
1. Any person who appropriates land, transfers land use right or uses land 
against regulations of law on management and use of land despite the fact that 141 
 
he/she has incurred an administrative penalty or has an unspent conviction for 
the same offence shall be liable to a fine of from VND 50,000,000 to VND 
500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 
months' imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The  offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 229. Offences against regulations on la nd management  
1. Any person who abuses his/her position or power to allocate, lease out land or 
permit transfer of land use right or permit land repurposing against the law in 
any of the following circumstances shall face a penalty of up to 03 years' 
commu nity sentence or 06 - 36 months' imprisonment:  
a) The offence involves an area of paddy land from 5,000 m2 to under 30,000 
m2; specialized forest, protection forest, production forest land from 10,000 m2 
to under 50,000 m2; farming land and non -agricultura l land from 10,000 m2 to 
under 40,000 m2; 
b) The offence involves an area of farming land whose land use right is assessed 
at from VND 500,000,000 to under VND 2,000,000,000; non -agricultural land 
whose land use right is assessed at from VND 1,000,000,000 to under VND 
5,000,000,000;  
c) The offender has incurred a disciplinary penalty for the same offence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organi zed group;  
b) The offence involves an area of paddy land from 30,000 m2 to under 70,000 
m2; specialized forest, protection forest, production forest land from 50,000 m2 
to under 100,000 m2; farming land and non -agricultural land from 40,000 m2 to 
under 80, 000 m2; 142 
 
c) The offence involves an area of farming land whose land use right is assessed 
at from VND 2,000,000,000 to under VND 7,000,000,000; non -agricultural land 
whose land use right is assessed at from VND 5,000,000,000 to under VND 
15,000,000,000;  
d) The offence has a negative impact on social safety, order and security.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence involves an area of paddy land of ≥ 70,000 m2; specialized forest, 
protection forest, production forest land of ≥ 100,000 m2; farming land and non -
agricultural land of 80,000 m2; 
b) The offence involves an area of farming land whose land use  right is assessed 
at ≥ VND 7,000,000,000; non -agricultural land whose land use right is assessed 
at ≥ VND 5,000,000,000.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
150,000,000, prohibited from holding certain positions or  doing certain works 
for 01 - 05 years.  
Article 230. Offences against regulations on compensation, support and 
relocation upon land withdrawal by the State  
1. A person who abuses his/her position or power to commits any of the 
following acts and causes pro perty damage assessed at from VND 100,000,000 
to under VND 300,000,000 or under VND 100,000,000 while having incurred a 
disciplinary penalty for the same offence shall face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment:  
a) Violations against regulations of law on compensation for loss of land, 
support and relocation;  
b) Violations against regulations of law on compensation for property damage 
and business operation.  
2. This offence committed in any of the following circumsta nces carries a 
penalty of 03 - 12 years' imprisonment:  
a) The offence if committed for self -seeking purposes or other selfish motives;  
b) The offence is committed by an organized group;  
c) The offence involves the use of deceitful methods;  
d) The offence h as a negative impact on social safety, order and security;  143 
 
dd) The offence results in damage from VND 300,000,000 to under VND 
1,000,000,000.  
3. If the damage caused by the offence is assessed at VND 1,000,000,000 to 
over, the offender shall face a penalty  of 10 - 20 years' imprisonment.  
4. The offender might also be prohibited from holding certain positions or doing 
certain works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 231. Offences against regulations on distribution  of relief money or 
relief goods  
1. Any person who abuses his/her position or power to act against regulations on 
distribution of relief money or relief goods and causes a loss of relief money or 
relief goods of from VND 100,000,000 to under VND 300,000,00 0 shall receive 
a warning, be liable to a fine of from VND 50,000,000 to VND 200,000,000 or 
face a penalty of up to 02 years' community sentence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND  1,000,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The loss of relief money or relief goods is ≥ VND 300,000,000;  
d) The offence has a negative  impact on social safety, order and security.  
3. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 232. Offences against regulations on extraction and protection of 
forests and forest product management  
1. A pe rson who commits any of the following acts, except in the circumstances 
specified in Article 243 hereof, shall be liable to a fine of from VND 50,000,000 
to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 
06 - 36 months' imprison ment:  
a) Illegal logging in a production forest with a volume of from 20 m3 to under 40 
m3 of timber of common species; from 12.5 m3 to under 25 m3 of timber of 
endangered, rare species in Group IIA;  144 
 
b) Illegal logging in a protection forest with a volume of from 15 m3 to under 30 
m3 of timber of common species; from 10 m3 to under 20 m3 of timber of 
endangered, rare species in Group IIA;  
c) Illegal logging in a specialized forest with a volume of from 15 m3 to under 
30 m3 of timber of common species; from 5 m3 to under 10 m3 of timber of 
endangered, rare species in Group IIA; extraction of species in group IIA 
assessed at from VND 50,000,000 to under VND 100,000,000;  
d) Illegal extraction of forest plants other than timber assessed at from VND 
100,000,000 t o under VND 200,000,000;  
dd) Extraction of species in Group IA assessed at from VND 30,000,000 to 
under VND 60,000,000 or from 1 m3 to under 2 m3 of timber in a production 
forest or from 0.5 m3 to under 1.5 m3 of timber in a protection forest or from 0.5 
m3 to under 1 m3 of timber in a specialized forest or a wildlife sanctuary;  
e) Illegal possession, transport, treatment, trading of from 1.5 m3 to under 3 m3 
of timber of species in Group IA or alien species in Appendix I of CITES or List 
of endangered and rare species; from 10 m3 to under 20 m3 of timber of 
endangered, rare species in Group IIA or alien species in Appendix II of CITES; 
from 20 m3 to under 40 m3 of timber of common species;  
g) Illegal possession, transport, treatment, trading of other specie s of wild flora 
assessed at from VND 300,000,000 to under VND 600,000,000;  
h) The volume or value of illegal goods is below the lower levels specified in 
Point a through e of this Clause but the offender has incurred an administrative 
penalty or has an uns pent conviction for the same offence ;  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,500,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) Illegal logging in a production forest with a  volume of from 40 m3 to under 80 
m3 of timber of common species; from 25 m3 to under 50 m3 of timber of 
endangered, rare species in Group IIA;  
b) Illegal logging in a protection forest with a volume of from 30 m3 to under 60 
m3 of timber of common species ; from 20 m3 to under 40 m3 of timber of 
endangered, rare species in Group IIA;  145 
 
c) Illegal logging in a specialized forest with a volume of from 30 m3 to under 
60 m3 of timber of common species; from 10 m3 to under 20 m3 of timber of 
endangered, rare speci es in Group IIA;  
d) Illegal extraction of forest plants other than timber assessed at from VND 
200,000,000 to under VND 400,000,000;  
dd) Illegal possession, transport, treatment, trading of from 3 m3 to under 6 m3 
of timber of species in Group IA or alien species in Appendix I of CITES or List 
of endangered and rare species; from 20 m3 to under 40 m3 of timber of 
endangered, rare species in Group IIA or alien species in Appendix II of CITES; 
from 40 m3 to under 80 m3 of timber of common species;  
e) Illegal possession, transport, treatment, trading of other species of wild flora 
assessed at from VND 600,000,000 to under VND 1,200,000,000;  
g) The offence is committed across the border or between a free trade zone and 
the domestic market;  
h) The offence is comm itted by an organized group;  
i) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) Illegal logging in a production forest with a volume of ≥ 80 m3 of timber of 
common species; ≥ 50 m3 of timber of endangered, rare species in Group IIA;  
b) Illegal logging in a protection forest with a volume of ≥ 60 m3 of timber of 
common species; ≥ 40 m3 of timber of endangered, rare s pecies in Group IIA;  
c) Illegal logging in a specialized forest with a volume of ≥ 60 m3 of timber of 
common species; ≥ 20 m3 of timber of endangered, rare species in Group IIA;  
d) Illegal extraction of other forest plants assessed at ≥ VND 400,000,000;  
dd) Illegal possession, transport, treatment, trading of ≥ 6 m3 of timber of 
species in Group IA or alien species in Appendix I of CITES or List of 
endangered and rare species; ≥ 40 m3 of timber of endangered, rare species in 
Group IIA or alien species in Ap pendix II of CITES; ≥ 80 m3 of timber of 
common species;  
e) Illegal possession, transport, treatment, trading of other species of wild flora 
assessed at VND ≥ 1,200,000,000.  146 
 
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,00 0,000.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in the circumstances 
specified in Clause 1 of this Article despite the fact that it  has incurred an 
administrative penalty for the same offence, except in the circumstances 
specified in Point g Clause 1 of this Article, shall be liable to a fine of from 
VND 300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this o ffence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to a fine of from VND 
1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 36 
months;  
c) A corporate legal entity that commits this offence in an y of the circumstances 
specified in Clause 3 of this Article shall be liable to a fine of from VND 
3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 233. Offences against regulations on forest management  
1. A person who abuses his/her position or power to commits any of t he 
following acts shall face a penalty of up to 03 years' community sentence or 06 - 
36 months' imprisonment:  
a) Illegal allocation or withdrawal of forest or afforestation land which involves 
an area of from 20,000 m2 to under 25,000 m2 of production fore st, from 15,000 
m2 to under 20,000 m2 of protection forest or from 10,000 m2 to under 15,000 
m2 of specialized forest, except for the case in Article 229 hereof;  
b) Permitting illegal repurposing of forest or afforestation land which involves 
an area of fr om 10,000 m2 to under 12,500 m2 of production forest, from 7,500 
m2 to under 10,000 m2 of protection forests or from 5,000 m2 to under 7,500 m2 
of specialized forest, except for the case in Article 229 hereof;  
c) Permitting illegal extraction or transport of forest products in any of the 
circumstances specified in Clause 1 Article 232 hereof;  147 
 
d) The offender has incurred a disciplinary for the same offence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' i mprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) Illegal allocation or withdrawal forest or afforestation land which involves an 
area of from 25,000 m2 to under 40,000 m2 of production for est, from 20,000 m2 
to under 30,000 m2 of protection forest or from 15,000 m2 to under 25,000 m2 of 
specialized forest;  
d) Permitting illegal repurposing of forest or afforestation land which involves 
an area of from 12,500 m2 to under 17,000 m2 of product ion forest, from 10,000 
m2 to 15,000 m2 of protection forest or from 7,500 m2 to 12,000 m2 of 
specialized forest;  
dd) Permitting illegal extraction or transport of forest products in any of the 
circumstances specified in Clause 2 Article 232 hereof.  
3. Thi s offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) Illegal allocation or withdrawal forest or afforestation land which involves an 
area of ≥ 40,000 m2 of production forest, 30,000 m2 or over of pr otection forest 
or 25,000 m2 or over of specialized forest;  
b) Permitting illegal repurposing of forest or afforestation land which involves 
an area  of ≥ 17,000 m2 of production forest, ≥ 15,000 m2 of protection forest or 
≥ 12,000 m2 of specialized forest.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 234. Offences against regulations on management and protection of 
wild animals  
1. A person who commits any of the following acts, except in the circumstances 
specified in Article 242 and Article 244 hereof, shall be liable to a fine of from 
VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' 
community sente nce or 06 - 36 months' imprisonment:  148 
 
a) Illegal hunting, killing, raising, imparking, transporting, trading of 
Endangered, rare animals in Group IIB or animals in Appendix II of CITES 
assessed at from VND 300,000,000 to under VND 1,000,000,000; other 
commo n wild animals assessed at from VND 500,000,000 to under VND 
1,500,000,000;  
b) Illegal possession, transport, trading of endangered, rare animals in Group IIB 
or animals in Appendix II of CITES or body parts or products thereof assessed 
at from VND 300,000 ,000 to under VND 1,000,000,000; common wild animals 
or body parts thereof assessed at from VND 500,000,000 to under VND 
1,500,000,000;  
c) The value of animals or body parts or products thereof is below the lower 
limits specified in Point a and Point b of this Clause but the offender has 
incurred an administrative penalty or has an unspent conviction for the same 
offence .  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,500,000,000 or a penalty  of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in the name of an agency or organization;  
c) The offence is committed using banned hunting equipment;  
d) Hunting in a no -hunting area or during a no-hunting period;  
dd) The illegal goods are traded or transported across the border;  
e) The quantity of Endangered, rare animals in Group IIB or animals in 
Appendix II of CITES is assessed at from VND 1,000,000,000 to under VND 
2,000,000,000; the quanti ty of common wild animals or body parts or products 
thereof is assessed at ≥ VND 1,500,000,000;  
g) The illegal profit reaped is from VND 200,000,000 to under VND 
500,000,000;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circum stances carries a 
penalty of 07 - 12 years' imprisonment:  149 
 
a) The quantity of Endangered, rare animals in Group IIB or animals in 
Appendix II of CITES, body parts or products thereof is assessed at ≥ VND 
2,000,000,000;  
b) The illegal profit reaped is ≥ VND 500,000,000.  
4. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal  entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity 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 
3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified in A rticle 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Chapter XI X 
ENVIRONMENTAL OFFENCES  
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 01 - 05 
years' imprisonment:  
a) Burying, dum ping or discharging into the environment from 3,000 kg to 
under 5,000 kg of hazardous wastes or persistent organic pollutants in Appendix 
A of Stockholm Convention on persistent organic pollutants against the law;  150 
 
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 on wastes 10 times or more;  
c) Discharging into the environment wastewater that contain radioactive 
substances that cause contamination f rom 02 - under 04 times above permissible 
limits in technical regulations;  
d) Discharging into the environment from 5,000 m3/day to under 10,000 m3/day 
of wastewater whose pH is from 0 to under 2 or from 12.5 to 14;  
dd) Discharging into the environment 30 0,000 m3/day to under 500,000 m3/day 
of dust or exhaust gas exceeding the limits in technical regulations 10 times or 
more;  
e) Burying, dumping or discharging into the environment from 200,000 kg to 
under 500,000 kg of conventional solid wastes against the  law; 
g) Wastes contain radioactive substances that are radioactive sources of average 
danger according to National Technical Regulation on radiation safety and 
categorization of radioactive sources beyond permissible limits;  
h) Dispersing radiation into t he environment from 02 to under 04 times above 
the limits in technical regulations.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) Burying, dumping or discharging into  the environment ≥ 5,000 kg of 
hazardous wastes or persistent organic pollutants in Appendix A of Stockholm 
Convention on persistent organic pollutants against the law;  
b) Discharging into the environment ≥ 10,000 m3/day of wastewater with 
pollution indica tors exceeding the limits in technical regulations on wastes 10 
times or more;  
c) Discharging into the environment wastewater that contain radioactive 
substances that cause contamination ≥ 04 times above permissible limits in 
technical regulations;  
d) Disc harging into the environment ≥ 10,000 m3/day of wastewater whose pH 
is from 0 to under 2 or from 12.5 to 14;  151 
 
dd) Discharging into the environment ≥ 500,000 m3/day of dust or exhaust gas 
exceeding the limits in technical regulations 10 times or more;  
e) Bur ying, dumping or discharging into the environment  ≥ 500,000 kg of 
conventional solid wastes against the law;  
g) Wastes contain radioactive substances that are radioactive sources of above 
average danger according to National Technical Regulation on radiat ion safety 
and categorization of radioactive sources beyond permissible limits;  
h) Dispersing radiation into the environment ≥ 04 times above the limits in 
technical regulations.  
3. A person that commits any of the following acts despite the fact that he/s he 
has incurred an administrative penalty or has an unspent conviction for the same 
offence shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 
or face a penalty of 03 - 24 months' imprisonment:  
a) Burying, dumping or discharging into the e nvironment  from 1,000 kg to 
under 3,000 kg of hazardous wastes or persistent organic pollutants in Appendix 
A of Stockholm Convention on persistent organic pollutants against the law;  
b) Transferring, giving, buying, selling ≥ 2,000 kg of banned hazardous wastes 
or persistent organic pollutants against the law;  
c) Discharging into the environment from 1,000 m3/day to 10,000 m3/day of 
wastewater whose pollution indicators exceed the limi ts in technical regulations 
on wastes from 05 to under 10 times;  
d) Discharging into the environment wastewater that contain radioactive 
substances that cause contamination from 01 - under 02 times above permissible 
limits in technical regulations;  
dd) Dis charging into the environment from 1,000 m3/day to under 10,000 
m3/day of wastewater whose pH is from 0 to under 2 or from 12.5 to 14;  
e) Discharging into the environment from 150,000 m3/day to under 300,000 
m3/day of dust or exhaust gas exceeding the lim its in technical regulations 10 
times or more;  
g) Burying, dumping or discharging into the environment  from 100,000 kg to 
under 200,000 kg of conventional solid wastes against the law;  152 
 
h) Wastes contain radioactive substances that are radioactive sources of below 
average danger according to National Technical Regulation on radiation safety 
and categorization of radioactive sources beyond permissible limits;  
i) Dispersing radiation into the environment from 01 to under 02 times above the 
limits in technical  regulations.  
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 
200,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any  of the 
offences specified in this Article:  
a) A corporate legal entity 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 
1,000,000,000 to VND 5,000,000,000;  
b) A corporate le gal entity 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 
5,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 
36 months;  
c) A corporate legal entity 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 
500,000,000 to VND 3,000,000,000;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified  in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 500,000,000, banned from operating in certain fields 
for 01 - 03 years.  
Article 236. Offences agains t regulations on hazardous waste management  
1. Any competent person who permits another entity to bury, dump, discharge 
from 3,000 kg to under 5,000 kg of hazardous wastes on the list of persistent 
organic pollutants in Appendix A of Stockholm Convention o n persistent 
organic pollutants against the law or wastes containing radioactive substances 
that are radioactive sources of below average danger according to National 
Technical Regulation on radiation safety and categorization of radioactive 
sources beyond  permissible limits shall be liable to a fine of from VND 153 
 
50,000,000 to VND 200,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment:  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' 
imprisonment:  
a) The offence involves from 5,000 kg to under 10,000 kg of hazardous wastes 
on the list of persistent organic pollutants in Appendix A of Stockholm 
Convention on per sistent organic pollutants or wastes containing radioactive 
substances that are radioactive sources of average danger according to National 
Technical Regulation on radiation safety and categorization of radioactive 
sources beyond permissible limits;  
b) The  offence is committed by an organized group;  
c) The offence has been committed more than once;  
d) Dangerous recidivism.  
3. If the offence involves 10,000 kg or more of hazardous wastes on the list of 
persistent organic pollutants in Appendix A of Stockholm  Convention on 
persistent organic pollutants or wastes containing radioactive substances that are 
radioactive sources of above average danger according to National Technical 
Regulation on radiation safety and categorization of radioactive sources above 
permissible limits, the offender shall face a penalty of 05 - 10 years' 
imprisonment;  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
150,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 237. Offences against regulations on prevention, response and relief 
of environmental emergencies  
1. A person who commits any of the following acts shall be liable to a fine of 
from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 y ears' 
community sentence or 06 - 36 months' imprisonment:  
a) Violations against regulations on prevention of environmental emergencies 
that lead to an environmental emergency;  
b) Violations against regulations on response to and relief of environmental 
emergencies that lead to serious pollution or 31% WPI or more of another 
person or losses of from VND 1,000,000,000 to under VND 3,000,000,000.  154 
 
2. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 2,000 ,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence results in the death of a person;  
b) The offence results in losses of from VND 3,000,000,000 to under VND 
7,000,000,000.  
3. This offence committed in any of the following circumstances ca rries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of 02 or more people;  
b) The property damage caused by the offence is assessed at ≥ VND 
7,000,000,000.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, prohibited from holding certain positions or doing certain works for 
01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
3,000,000,000 to VND 5,000,000,000;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 3 of this Article shall be liable to fine of from VND 
5,000,000,000 to VND 10,000,000,000;  
d) A corporate legal entity that commits this offence in any of the circumstan ces 
specified in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, banned from operating in certain fields 
for 01 - 03 years.  
Article 238. O ffences against regulations on protection of irrigation works, 
embankments and disaster protection works; offences against regulations 
on protection of river banks  155 
 
1. A person who commits any of the following violations and causes bodily 
harm for another p erson who suffers from ≥ 31% WPI or causes losses of from 
VND 100,000,000 to under VND 300,000,000 shall be liable to a fine of from 
VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' 
community sentence or 03 - 24 months' imprisonment:  
a) Illegally building houses or works within the perimeter of irrigation works, 
dykes and disaster protection works;  
b) Destroying or damaging irrigation works, dykes and disaster protection 
works; works for protection, extraction, monitoring of water res ources, works 
for protection and relief from harmful effects of water, except in the 
circumstances specified in Article 303 hereof;  
c) Illegally drilling, surveying, extracting soil, stones, sand, gravel, minerals, 
groundwater;  
d) Using explosives, causing  explosion or fire within the perimeter of irrigation 
works, dykes and disaster protection works; works for protection, extraction, 
monitoring of water resources, works for protection and relief from harmful 
effects of water, unless there is a license or i n an emergency prescribed by law;  
dd) operating a reservoir, flood diversion work or flood control work against the 
procedures or technical regulations, unless it is requested by a competent person.  
2. This offence committed in any of the following circums tances carries a fine of 
from VND 300,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence results in the death of a pe rson;  
d) The offence results in losses of from VND 300,000,000 to under VND 
1,000,000,000;  
dd) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in  the death of 02 or more people;  
b) The offence results in losses of ≥ VND 1,000,000,000.  156 
 
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 02 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 1 of this Article shall be liabl e to a fine of from VND 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 3 of this Article shall be liable to fine of from VND 
3,000,000,000 to VND 5,000,000,000;  
d) A corporate legal entity that commits this offence in any of the c ircumstances 
specified in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, banned from operating in certain fields 
for 01 - 03 years.  
Artic le 239. Bringing wastes into Vietnam’s territory  
1. A person who commits any of the following acts shall be liable to a fine of 
from VND 200,000,000 to VND 1,000,000,000 or face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonmen t: 
a) Bringing from 1,000 kg to 3,000 kg of hazardous wastes or persistent organic 
pollutants in Appendix A of Stockholm Convention into Vietnam’s territory;  
b) Bringing from 70,000 kg to under 170,000 kg of other wastes into Vietnam’s 
territory.  
2. This o ffence 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 02 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The quantity of hazardous wastes or pers istent organic pollutants in Appendix 
A of Stockholm Convention is from 3,000 kg to under 5,000 kg;  157 
 
c) The quantity of other wastes is from 170,000 kg to under 300,000 kg.  
3. This offence committed in any of the following circumstances carries a 
penalty of  05 - 10 years' imprisonment:  
a) The quantity of hazardous wastes or persistent organic pollutants in Appendix 
A of Stockholm Convention is ≥ 5,000 kg;  
c) The quantity of other wastes is ≥ 300,000 kg.  
4. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal enti ty 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 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity 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 
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 12 
months;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Cla use 3 of this Article shall be liable to a fine of from VND 
5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified in Article 79 here of shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 500,000,000, banned from operating in certain fields 
for 01 - 03 years.  
Article 240. Spreading dangerous infectious di seases in human  
1. A person who commits any of the following acts that spread dangerous 
infectious diseases in human shall be liable to a fine of from VND 50,000,000 to 
VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:  158 
 
a) Bringing or allowi ng another entity to bring animals, plants or products 
thereof or other items that are likely to transmit dangerous infectious diseases in 
human out of the epidemic zone, unless otherwise prescribed by law;  
b) Bringing or allowing another entity to bring a nimals, plants or products 
thereof or other products that are infected or carry dangerous pathogens that are 
likely to be transmitted to human into Vietnam’s territory;  
c) Other acts that spread dangerous infections in human.  
2. This offence committed in a ny of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in a declaration of an epidemic by the President of the 
People’s Committee of a province or the Minister of Health;  
b) The offence results in the dea th of a person.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 12 years' imprisonment:  
a) The offence results in a declaration of an epidemic by the Prime Minister;  
b) The offence results in the death of 02 or mor e people.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 241. Spreading dangerous infectious diseases in animals or plant s 
1. A person who commits any of the following acts that spread dangerous 
infectious diseases in animals or plants and causes property damage assessed at 
from VND 100,000,000 to under VND 500,000,000 or while having incurred a 
administrative penalty for th e same offence shall be liable to a fine of from VND 
50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment:  
a) Bringing or allowing another entity to bring animals, plants or products 
thereof or other items that are infected or carry pathogens into or out of the 
epidemic zone, unless otherwise prescribed by law;  
b) Bringing or allowing another entity to bring animals, plants or products 
thereof that are required to undergo quarantine into Vietn am’s territory without 
following regulations of law on quarantine;  
c) Other acts that spread dangerous infectious diseases in animals or plants.  159 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonmen t: 
a) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,000,000,000;  
b) The offence results in a declaration of an epidemic by the President of the 
People’s Committee of a district or province.  
3. This offence com mitted in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The property damage caused by the offence is assessed at from ≥ VND 
1,000,000,000;  
b) The offence results in a declaration of an epidemic by the Minister of 
Agriculture and Rural development.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
Article 242. Destruction of aquatic resources  
1. A person who violates regulations on protection of aquatic resources in any of 
the following circumstances and causes losses to aquatic resources of from VND 
100,000,000 to under VND 500,000,000 or extracts a quantity of aquatic 
products assessed at from VND 50,000,000 to under VND 200,000,000 or 
commits any of them while having incurred an administrative penalty or has an 
unspent conviction for the same offence shall be liable to a fine of from VND 
50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment:  
a) Using poisons, explosives, other chemicals, electricity or banned fishing 
equipment for fishing or destructing aquatic resources;  
b) Fishing in a banned area or a temporarily banned area as p rescribed by law;  
c) Extracting species banned from fishing as prescribed by law;  
d) Destroying the habitat of aquatic species on the list of endangered species as 
prescribed by law;  
dd) Causing bodily harm to another person who suffers from 31% - 61% WPI.  
e) Violations against other regulations on protection of aquatic resources.  160 
 
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 05 years' 
imprisonment:  
a) The off ence results in losses to aquatic resources of from VND 500,000,000 
to under VND 1,500,000,000 the a quantity of aquatic products extracted is 
assessed at from VND 200,000,000 to under VND 500,000,000;  
b) The offence results in bodily harm to 02 people, ea ch of whom suffers ≥ 61% 
WPI; or bodily harm to 04 people, each of whom suffers ≥ 31% WPI;  
c) The offence results in the death of a person.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in losses to aquatic resources of ≥ VND 1,500,000,000 or 
the extracted quantity of aquatic products is assessed at ≥ VND 500,000,000;  
b) The offence results in the death of 02 or more people.  
4. The offender might also be liable to a f ine of from VND 20,000,000 to VND 
100,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporat e legal entity 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 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumst ances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
1,000,000,000 to VND 3,000,000,000;  
c) A corporate legal entity 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 
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 243. Forest destruction  161 
 
1. Any person who sets fire or destroys forests or otherwise inflicts damage to 
forests in any of the following circumstances shall be liable to a fine of from 
VND 50,000,000 to VND  500,000,000 or face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment:  
a) The offence involves an area of from over 30,000 m2 to under 50,000 m2 of 
immature forests or contained cultivation site;  
b) The offence involves an ar ea of from over 5,000 m2 to under 10,000 m2 of 
production forest;  
c) The offence involves an area of from over 3,000 m2 to under 7,000 m2 of 
protection forest;  
d) The offence involves an area of from over 1,000 m2 to under 3,000 m2 of 
specialized forest;  
dd) The offence results in losses of forest products assessed at from over VND 
30,000,000 to under VND 60,000,000 for natural production forests; from over 
VND 50,000,000 to under VND 100,000,000 for planted production forests and 
forest restoration sites i n case it is not possible to determine the area of 
destroyed forest because the offence is not committed within a limited area;  
e) The destroyed forest area or volume of forest products is below the levels 
specified in Point a through dd Clause 1 of this A rticle but the offender has 
incurred an administrative penalty or has an unspent conviction for the same 
offence .  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed  by an organized group;  
b) The offence is committed in the name of an agency or organization;  
c) Dangerous recidivism.  
d) The offence involves an area of from over 50,000 m2 to under 100,000 m2 of 
non-forest planted trees or forest restoration site;  
dd) Th e offence involves an area of from over 10,000 m2 to under 50,000 m2 of 
production forest;  
e) The offence involves an area of from over 7,000 m2 to under 10,000 m2 of 
protection forest;  162 
 
g) The offence involves an area of from over 3,000 m2 to under 5,000 m2 of 
specialized forest;  
h) The offence results in losses of forest products assessed at from VND 
60,000,000 to under VND 120,000,000 for natural production forests; from 
VND 100,000,000 to under VND 200,000,000 for planted production forests 
and forest re storation site in case it is not possible to determine the area of 
destroyed forest because the offence is not committed within a limited area;  
i) The offence involves endangered, rare plants that need protection, other 
Group IA plants assessed at from ove r VND 60,000,000 to under VND 
100,000,000; Group IIA plants assessed at from VND 100,000,000 to under 
VND 200,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves  an area of ≥ 100,000 m2 of non -forest planted trees or 
forest restoration site;  
b) The offence involves an area of ≥ 50,000 m2 of production forest;  
c) The offence involves an area of ≥ 10,000 m2 of protection forest;  
d) The offence involves an area of ≥ 5,000 m2 of specialized forest;  
dd) The offence results in losses of forest products assessed at ≥ VND 
120,000,000 for natural production forests; ≥ VND 100,000,000 for planted 
production forests and forest restoration site in case it is not possible to 
determine the area of destroyed forest because the offence is not committed 
within a limited area;  
e) The offence involves endangered, rare plants that need protection, other 
Group IA plants assessed at ≥ VND 100,000,000; Group IIA plants assessed at ≥ 
VND 2 00,000,000.  
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any o f the 
offences specified in this Article:  163 
 
a) A corporate legal entity 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 
500,000,000 to VND 2,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article shall be liable to fine of from VND 
2,000,000,000 to VND 5,000,000,000;  
c) A corporate legal entity 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 
5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 
months;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified in Ar ticle 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 200,000,000 , be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 244 . Offences against regulations on management and protection of 
endangered, rare animals  
1. Any person who violates regulations on management and protection of 
animals on the List of endangered and rare species; endangered, rare animals of 
Group IB or in Ap pendix I of CITES in any of the following circumstances shall 
be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a 
penalty of 01 - 05 years' imprisonment:  
a) Illegally hunting, killing, imparking, transporting, trading animals on the List 
of endangered and rare species;  
b) Illegally possessing, transporting, trading animals specified in Point a of this 
Clause or body parts thereof; from 02 kg to under 20 kg of elephant tusks; from 
0.05 kg to under 01 kg of rhino horns;  
c) Illegal hunti ng, killing, raising, imparking, trading of Group IB animals or 
animals in Appendix I of CITES other than those specified in Point a of this 
Clause involving 03 - 07 individuals of class mammalia, 03 - 07 individuals of 
class aves or class reptilia or 10 - 15 individuals of other classes;  
d) Illegally possessing, transporting, trading vital body parts of 03 - 07 animals 
of class mammalia, vital body parts of 07 - 10 individuals of class aves or class 164 
 
reptilia or vital body parts of 10 -15 individuals of oth er classes specified in 
Point c of this Clause;  
dd) The quantity of animals illegally hunted, killed, imparked, transported; body 
parts of animals illegally possessed, transported, traded is below the lower limit 
specified in Point b through d of his Claus e but the offender has incurred an 
administrative penalty or has an unspent conviction for the same offence .  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by a n organized group;  
b) The offence is committed in the name of an agency or organization;  
c) The offence is committed using banned hunting equipment;  
d) Hunting in a no -hunting area or during a no -hunting period;  
dd) The illegal goods are traded or transpor ted across the border;  
e) The offence involves a quantity of animals on the List of endangered and rare 
species or a quantity of 07 - 10 individuals of class mammalia, 07 - 10 
individuals of class aves or class reptilia, 10 -15 individuals of other classes  on 
the List of endangered and rare species or vital body parts thereof;  
g) The offence involves a quantity of endangered, rare animals specified in Point 
c Clause 1 of this Article or a quantity of 08 - 11 individuals of class mammalia, 
11 - 15 individual s of class aves or class reptilia, 16 -20 individuals of other 
classes or vital body parts thereof;  
h) The offence involves 01 - 02 elephants or vital body parts thereof; 03 - 05 
bears, tigers or vital body parts thereof; from 20 kg to under 90 kg of eleph ant 
tusks; from 01 kg to under 09 kg of rhino horns;  
i) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence involves a quantity of ≥ 08 individuals of class mammalia, ≥ 11 
individuals of class aves or class reptilia or ≥ 16 individuals of other classes of 
animals on the List of endangered and rare species or vital body parts thereof;  
b) The offenc e involves endangered, rare animals specified in Point c Clause 1 
of this Article or a with a quantity of ≥ 12 individuals of class mammalia, ≥ 16 165 
 
individuals of class aves or class reptilia, ≥ 21 individuals of other classes or 
vital body parts thereof;  
c) The offence involves ≥ 03 elephants or vital body parts thereof; ≥ 06 bears, 
tigers or vital body parts thereof; ≥ 90 kg of elephant tusks; ≥ 09 kg of rhino 
horns;  
4. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
5. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
1,000,000,000 to VND 5,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Article s hall be liable to fine of from VND 
5,000,000,000 to VND 10,000,000,000;  
c) A corporate legal entity 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 
10,000,000,000 to VND 15,0 00,000,000 or has its operation suspended for 06 - 
36 months;  
d) A corporate legal entity that commits this offence in any of the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
dd) The violating corporate legal entity might al so be liable to a fine of from 
VND 300,000,000 to VND 600,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 245. Offences against regulations on management of wildlife 
sanctuaries  
1. Any person who violates r egulations on wildlife sanctuaries in any of the 
following circumstances shall be liable to a fine of from VND 50,000,000 to 
VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 
- 36 months' imprisonment:  
a) The property damage cau sed by the offence is assessed at from VND 
50,000,000 to under VND 200,000,000;  166 
 
b) The offence results in damage to the landscape, ecology in the strictly 
restricted area of the wildlife sanctuary with a total area of from 300 m2 to under 
500 m2; 
c) The of fender has incurred an administrative penalty for the same offence or 
has an unspent conviction for the same offence .  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The property damage caused by the offence is assessed at from ≥ VND 
200,000,000;  
b) The offence results in damage to the landscape, ecology in the strictly 
restricted area of the wildlife sanctuary with a total area of ≥ 500 m2; 
c) The offence is committed by an organized gro up; 
d)The offence involves the use of banned instruments or methods;  
dd) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000, prohibited from holding certain positions or doing certain works 
for 01  - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 1 of this Article shall be li able to a fine of from VND 
300,000,000 to VND 1,000,000,000;  
b) A corporate legal entity 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 
1,000,000,000 to VND 3,000,000,000 o r has its operation suspended for 06 - 36 
months;  
c) A corporate legal entity that commits this offence in any of the circumstances 
specified in Article 79 hereof shall be permanently shut down;  
d) The violating corporate legal entity might also be liable to a fine of from 
VND 50,000,000 to VND 500,000,000, be banned from operating in certain 
fields or raising capital for 01 - 03 years.  
Article 246. Importing, spreading invasive species  167 
 
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 up to 03 
years' community sentence or 01 - 05 years' imprisonment:  
a) Illegally importing invasive species or potentially invasive species assessed at 
from VND 250,000,000 to under VND 500,000,000 or under VND 250,000,000 
but the offender has incurred an administrative penalty for the same offence;  
b) Spreading invasive species or potentially invasive species that causes 
property damage assessed at from VND 150,000,000 to under VND 
500,0 00,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) Illegally importing invasive alien species or potentially invasive species 
assessed at ≥ VND 500,000,000;  
c) Spreading invasive species or potentially invasive species that causes property 
damage assessed at ≥ VND 500,000,000;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
500,00 0,000, prohibited from holding certain positions or doing certain works 
for 01 - 05 years.  
4. Punishments incurred by a corporate legal entity that commits any of the 
offences specified in this Article:  
a) A corporate legal entity 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 
1,000,000,000 to VND 3,000,000,000;  
b) A corporate legal entity that commits this offence in any of the circumstances 
specified in Clause 2 of this Ar ticle shall be liable to a fine of from VND 
3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 
months;  
c) The violating corporate legal entity might also be liable to a fine of from 
VND 100,000,000 to VND 1,000,000,000, be banned  from operating in certain 
fields or raising capital for 01 - 03 years.  
Chapter XX  168 
 
DRUG -RELATED OFFENCES  
Article 247. Growing opium poppy plants, coca plants, cannabis plants or 
other plants containing narcotic substances  
1. Any person who grows opium popp y plants, coca plants, cannabis plants or 
other plants containing narcotic substances in any of the following 
circumstances shall face a penalty of 06 - 36 months' imprisonment:  
a) The offender has been reprimanded twice and enabled to earn decent living;  
b) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence ;  
c) The offence involves a quantity of from 500 to under 3,000 plants.  
2. This offence committed in any of the following circumstances carries a 
penal ty of 03 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves a quantity of ≥ 3,000 plants;  
c) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000.  
4. The person who commits the offence specified in Clause 1 of this Article but 
voluntarily destroys the plants or submit them to a competent authority before 
harvesting might be exempt from criminal responsibility.  
Article 248. Illegal manufacturing of narco tic substances  
1. Any person who manufactures narcotic substances in any shape of form shall 
face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organization;  
dd) The offence involves a quantity of from 500 g to under 01 kg of opium 
poppy resin, cannabis resin or coca glue;  169 
 
e) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
g) The offence involves a quantity  of from 20 g to under 100 g of other solid 
narcotic substances;  
h) The offence involves a quantity of from 100 ml under 200 ml of other liquid 
narcotic substances;  
i) Dangerous recidivism;  
k) The offence involves ≥ 02 narcotic substances the total quantit y of which is 
equivalent to the quantity of narcotic substances specified in Point dd through h 
of this Clause.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence is committed in  a professional manner;  
b) The offence involves a quantity of from 01 kg to under 05 kg of opium poppy 
resin, cannabis resin or coca glue;  
c) The offence involves a quantity of from 30 g to under 100 g of heroin, 
cocaine, methamphetamine, amphetamine or M DMA;  
d) The offence involves a quantity of from 100 g to under 300 g of other solid 
narcotic substances;  
dd) The offence involves a quantity of from 200 ml under 750 ml of other liquid 
narcotic substances;  
e) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point b through dd of this 
Clause.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life imprisonment or death:  
a) The offence involves a quantity of ≥ 05 kg of opium poppy resin, cannabis 
resin or coca glue;  
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of ≥ 300 g of othe r solid narcotic substances;  170 
 
d) The offence involves a quantity of ≥ 750 ml of other liquid narcotic 
substances;  
dd) The offence involves ≥ 02 narcotic substances the total quantity is 
equivalent to the quantity of narcotic substances specified in Point a through d 
of this Clause.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
500,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 249. Illegal possession of narcotic substances  
1. Any person who possesses narcotic substances for purposes other than 
trading, transporting or manufacturing narcotic substances in any of the 
following circumstances shall face a penalty of 01 - 05 ye ars' imprisonment:  
a) The offender has incurred an administrative penalty for the same offence or 
has an unspent conviction for the same offence ;  
b) The offence involves a quantity of from 01 g to under 500 g of opium poppy 
resin, cannabis resin or coca g lue;  
c) The offence involves a quantity of from 0,1 g to under 05 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
d) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leav es;  
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium 
poppy fruits;  
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium 
poppy fruits;  
g) The offence involves a quantity of from 01 g to under 20 g of other solid 
narcotic substances;  
h) The offence involves a quantity of from 10 ml under 100 ml of other liquid 
narcotic substances;  
i) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point b through h of this 
Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  171 
 
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or or ganization;  
dd) The offence involves employment of a person under 16 for commission of 
the offence;  
e) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, 
cannabis resin or coca glue;  
g) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
h) The offence involves a quantity of from 25 kg to under 75 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
i) The offence involves a quantity of from 50 kg  to under 200 kg of dried opium 
poppy fruits;  
k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium 
poppy fruits;  
l) The offence involves a quantity of from 20 g to under 100 g of other solid 
narcotic substances;  
m) The offence i nvolves a quantity of from 100 ml under 250 ml of other liquid 
narcotic substances;  
n) Dangerous recidivism;  
o) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point e throu gh m of this 
Clause.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, 
cannabis resin or coca glue;  
b) The offe nce involves a quantity of from 30 g to under 100 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of from 25 kg to under 75 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  172 
 
d) The offen ce involves a quantity of from 200 kg to under 600 kg of dried 
opium poppy fruits;  
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh 
opium poppy fruits;  
e) The offence involves a quantity of from 100 g to under 300 g of other sol id 
narcotic substances;  
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid 
narcotic substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified i n Point a through g of this 
Clause.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin or 
coca glue;  
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, 
branches, flowers, fruits or coca leaves;  
d) The offence involves a quan tity of ≥ 600 kg of dried opium poppy fruits;  
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;  
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;  
g) The offence involves a quantity of ≥ 750 ml of  other liquid narcotic 
substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point a through g of this 
Clause.  
5. The offender might also be liable to a fine of fro m VND 5,000,000 to VND 
500,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 250. Illegal transport of narcotic substances  173 
 
1. Any person who transport s narcotic substances for purposes other than 
manufacturing, trading or possessing narcotic substances in any of the following 
circumstances shall face a penalty of 02 - 07 years' imprisonment:  
a) The offender has incurred an administrative penalty for the  same offence or 
has an unspent conviction for the same offence ;  
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, 
cannabis resin or coca glue;  
c) The offence involves a quantity of from 0,1 g to under 05 g of heroin, 
cocaine , methamphetamine, amphetamine or MDMA;  
d) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium 
poppy fruits;  
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium 
poppy fruits;  
g) The offence involves a quantity of from 01 g to under 20 g of other solid 
narcotic substances;  
h) The offence involves a quantity of from 10 ml un der 100 ml of other liquid 
narcotic substances;  
i) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point b through h of this 
Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment : 
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organization;  
dd) The offe nce involves employment of a person under 16 for commission of 
the offence;  
e) Narcotic substances are transported across the border;  174 
 
g) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, 
cannabis resin or coca glue;  
h) The offen ce involves a quantity of from 05 g to under 30 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
i) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
k) The offence  involves a quantity of from 50 kg to under 200 kg of dried opium 
poppy fruits;  
l) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium 
poppy fruits;  
m) The offence involves a quantity of from 20 g to under 100 g of other solid 
narcotic substances;  
n) The offence involves a quantity of from 100 ml under 250 ml of other liquid 
narcotic substances;  
o) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Poin t g through n of this 
Clause.  
p) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, 
cannabi s resin or coca glue;  
b) The offence involves a quantity of from 30 g to under 100 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of from 25 kg to under 75 kg of cannabis 
leaves, roots, branches, flowers, fr uits or coca leaves;  
d) The offence involves a quantity of from 200 kg to under 600 kg of dried 
opium poppy fruits;  
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh 
opium poppy fruits;  
e) The offence involves a quantity of from  100 g to under 300 g of other solid 
narcotic substances;  175 
 
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid 
narcotic substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point a through g of this 
Clause.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life imprisonment or death:  
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin or 
coca glue;  
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
c) The offen ce involves a quantity of ≥ 75 kg of cannabis leaves, roots, 
branches, flowers, fruits or coca leaves;  
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;  
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits ;  
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;  
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic 
substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to th e quantity of narcotic substances specified in Point a through g of this 
Clause.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
500,000,000, be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 251. Illegal deal in narcotic substances  
1. Any person who illegally deals in narcotic substances shall face a penalty of 
02 - 07 years' imprisonment.  
2. This offence committed in any of the foll owing circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) Narcotic substances are traded with more than one person;  176 
 
d) The offence involves the abuse of the offender's position or power;  
dd) The offence is committed in the name of an agency or organization;  
e) The offence involves employment of a person under 16 for commission of the 
offence;  
g) The offence involves a quantity of from 500 g to  under 01 kg of poppy resin, 
cannabis resin or coca glue;  
h) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
i) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium 
poppy fruits;  
l) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium 
poppy fruits;  
m) The off ence involves a quantity of from 20 g to under 100 g of other solid 
narcotic substances;  
n) The offence involves a quantity of from 100 ml under 250 ml of other liquid 
narcotic substances;  
o) The offence involves ≥ 02 narcotic substances the total quantity  is equivalent 
to the quantity of narcotic substances specified in Point a through n of this 
Clause;  
p) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence i nvolves a quantity of from 01 kg to under 05 kg of poppy resin, 
cannabis resin or coca glue;  
b) The offence involves a quantity of from 30 g to under 100 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of fro m 25 kg to under 75 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
d) The offence involves a quantity of from 200 kg to under 600 kg of dried 
opium poppy fruits;  177 
 
dd) The offence involves a quantity of from 50 kg to under 150 kg o f fresh 
opium poppy fruits;  
e) The offence involves a quantity of from 100 g to under 300 g of other solid 
narcotic substances;  
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid 
narcotic substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point a through g of this 
Clause.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life i mprisonment or death:  
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin or 
coca glue;  
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, 
branches, flowers, fruits or coca leaves;  
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;  
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;  
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;  
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic 
substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic subs tances specified in Point a through g of this 
Clause.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
500,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his /her property confiscated.  
Article 252. Appropriation of narcotic substances  
1. Any person who appropriates narcotic substances in any shape or form in any 
of the following circumstances shall face a penalty of 01 - 05 years' 
imprisonment:  178 
 
a) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence;  
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, 
cannabis resin or coca glue;  
c) The offence involves a quantity of from 0,1 g to under  05 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
d) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
dd) The offence involves a quantity of from 05 kg to under  50 kg of dried opium 
poppy fruits;  
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium 
poppy fruits;  
g) The offence involves a quantity of from 01 g to under 20 g of other solid 
narcotic substances;  
h) The offence involves a q uantity of from 10 ml under 100 ml of other liquid 
narcotic substances;  
i) The offence inv olves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point b through h of this 
Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' impris onment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organization;  
dd) Th e offence involves employment of a person under 16 for commission of 
the offence;  
e) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, 
cannabis resin or coca glue;  
g) The offence involves a quantity of from 05 g to under 30 g of  heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  179 
 
h) The offence involves a quantity of from 10 kg to under 25 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
i) The offence involves a quantity of from 50 kg to under 200 kg o f dried opium 
poppy fruits;  
k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium 
poppy fruits;  
l) The offence involves a quantity of from 20 g to under 100 g of other solid 
narcotic substances;  
m) The offence involves a quantity  of from 100 ml under 250 ml of other liquid 
narcotic substances;  
n) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point e through m of this 
Clause;  
o) Dangerous recidivis m; 
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, 
cannabis resin or coca glue;  
b) The offence involves a qua ntity of from 30 g to under 100 g of heroin, 
cocaine, methamphetamine, amphetamine or MDMA;  
c) The offence involves a quantity of from 25 kg to under 75 kg of cannabis 
leaves, roots, branches, flowers, fruits or coca leaves;  
d) The offence involves a quan tity of from 200 kg to under 600 kg of dried 
opium poppy fruits;  
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh 
opium poppy fruits;  
e) The offence involves a quantity of from 100 g to under 300 g of other solid 
narcotic substa nces;  
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid 
narcotic substances;  180 
 
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point a through g of this 
Clause.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin or 
coca glue;  
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, 
methamphetamine, amphetamine or MDMA;  
c) The offence  involves a quantity of ≥ 75 kg of cannabis leaves, roots, 
branches, flowers, fruits or coca leaves;  
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;  
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;  
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;  
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic 
substances;  
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent 
to the quantity of narcotic substances specified in Point a through g of this 
Clause.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
500,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years o r have all or part of his/her property confiscated.  
Article 253. Possession, transport, trading or appropriation of precursors 
for illegal manufacturing of narcotic substances  
1. Any person who possesses, transports, deals in or appropriates precursors for  
illegal manufacturing of narcotic substances in any of the following 
circumstances shall face a penalty of 01 - 06 years' imprisonment:  
a) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence;  
b) The offenc e involves a quantity of from 50 g to under 200 g of solid 
precursors or from 75 ml to under 300 ml of liquid precursors.  181 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 13 years' imprisonment:  
a) The offence is co mmitted by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organization;  
dd) The offence involves a quantit y of from 200 g to under 500 g of solid 
precursors;  
e) The offence involves a quantity of from 300 ml under 750 ml of liquid 
precursors;  
g) The offence involves employment of a person under 16 for commission of the 
offence;  
h) Precursors are transported or  traded across the border;  
i) Dangerous recidivism.  
3. If the quantity of solid precursors is from 500 g to under 1,200 g or liquid 
precursors from 750 ml to under 1,850 ml, the offender shall face a penalty of 
13 - 20 years' imprisonment.  
4. If the quanti ty of solid precursors is ≥ 1,200 g or liquid precursors ≥ 1,850 ml, 
the offender shall face a penalty of 20 years' imprisonment or life imprisonment.  
5. If the offence involves both solid precursors and liquid precursors, 01 g of 
solid precursor shall be equivalent to 1.5 ml of liquid precursor. After 
conversion, the offender shall be prosecuted accordingly.  
6. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000, be prohibited from holding certain positions or doing certain works 
for 01 - 05 years or have all or part of his/her property confiscated.  
Article 254. Manufacturing, possession, transport, trading of instruments 
and equipment serving illegal manufacturing or use of narcotic substances  
1. Any person who manufactures,  possesses, transports or deals in instruments 
and equipment serving illegal manufacturing or use of narcotic substances in 
any of the following circumstances shall face a penalty of 01 - 05 years' 
imprisonment:  182 
 
a) The offender has incurred an administrati ve penalty or has an unspent 
conviction for the same offence;  
b) The offence involves 06 - 19 pieces of instruments or equipment of the same 
type or various types.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves the abuse of the offender's position or power;  
d) The offence is committed in the name of an agency or organi zation;  
dd) The offence involves the transport of ≥ 20 pieces of instruments or 
equipment of the same type or various types;  
e) The instruments or equipment are transported across the border;  
g) The offence involves employment of a person under 16 for commission o f the 
offence;  
h) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 
500,000,000 , be prohibited from holding certain positions or doing certain 
works for 01 - 05 years or have all or part of his/her property confiscated.  
Article 255. Facilitation of illegal use of narcotic substances  
1. Any person who facilitates the use of narcotic substances in any shape of 
form shall face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the fol lowing circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence involves ≥ 02 users;  
c) The offence involves a user aged from 13 to under 18;  
d) The offence involves a female user whos e pregnancy is known by the 
offender;  
dd) The offence involves a user undergoing rehabilitation;  
e) The offence causes 31% - 60% WPI for a person;  183 
 
g) The offence results in infection of a dangerous disease of another person;  
h) Dangerous recidivism.  
3. Thi s offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence causes ≥ 61% WPI or death of a person;  
b) The offence results in bodily harm to more than one person, each of whom 
suffers from 31% - 60% WPI;  
c) The offence results in infection of a dangerous disease of more than one 
person;  
d) The offence  involves a user aged under 13.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment or life imprisonment:  
a) The offence results in bodily harm to more than one person, each of whom 
suffers from ≥ 61%  WPI;  
b) The offence results in the death of 02 or more people.  
5. The offender might also be liable to a fine of from VND 50,000,000 to VND 
500,000,000, put under o mandatory supervision, prohibited from residence for 
01 - 05 years or have all or part of his/her property confiscated.  
Article 256. Concealment of illegal use of narcotic substances  
1. Any person who leases out, lends premises or otherwise conceals the illegal 
use of narcotic substances, except for the cases in Article 255 hereof, shall face a 
penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves the abuse of the offender's position or power;  
b) The offence has been commi tted more than once;  
c) The offence involves a user aged under 16;  
d) The offence involves ≥ 02 users;  
dd) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 50,000,000 to VND 
200,000,000 or have all or part of his/her propert y confiscated.  184 
 
Article 257. Forcing others to use narcotic substances  
1. Any person who uses violence or threatens to use violence or otherwise 
intimidates another person into illegally using narcotic substances against that 
person's will shall face a pen alty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed by despicable motives or self -seeking purpose;  
d) The offence is committed against a person aged from 13 to under 18;  
dd) The offence is committed against a female whose pregnancy is known by 
the offender;  
e) The offence is committe d against more than one person;  
g) The offence is committed against a person undergoing rehabilitation;  
h) The offence causes 31% - 60% WPI for a person;  
i) The offence results in infection of a dangerous disease of a person;  
k) Dangerous recidivism;  
3. Th is offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence causes ≥ 61% WPI or death of a person;  
b) The offence results in infection of a dangerous disease of more than one 
person;  
c) The of fence is committed against a person under 13;  
4. If this offence results in the death of more than one person, the offender shall 
face a penalty of 20 years' imprisonment or life imprisonment.  
5. The offender might also be liable to a fine of from VND 5,00 0,000 to VND 
100,000,000.  
Article 258. Persuading or inciting others to use narcotic substances  
1. Any person who persuades, incites or otherwise persuades another person to 
illegally use narcotic substances shall face a penalty of 01 - 05 years' 
imprison ment.  185 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed by desp icable motives or self -seeking purpose;  
d) The offence is committed against a person aged from 13 to under 18;  
dd) The offence is committed against a female whose pregnancy is known by 
the offender;  
e) The offence is committed against more than one person;  
g) The offence is committed against a person undergoing rehabilitation;  
h) The offence causes 31% - 60% WPI for a person;  
i) The offence results in infection of a dangerous disease of a person;  
k) Dangerous recidivism;  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence causes ≥ 61% WPI or death of a person;  
b) The offence results in infection of a dangerous disease of more than one 
person;  
c) The offence is committed against a person under 13;  
4. If this offence results in the death of more than one person , the offender shall 
face a penalty of 15 - 20 years' imprisonment or life imprisonment.  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
100,000,000.  
Article 259. Offences against regulations on management, use of narcotic 
subst ances, precursors, narcotic drugs and psychotropic drugs  
1. A person who is responsible for manufacturing, transport, preservation, 
storage, trading, distribution, use, processing, exchange, export, import, transit 
through Vietnam’s territory, prescription , sale, analysis, research of narcotic 
substances, precursors, narcotic drugs or psychotropic drugs but commits any of 
the following acts despite the fact that he/she has incurred a disciplinary or 
administrative penalty or has an unspent conviction for a drug-related crime 186 
 
shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a 
penalty of 01 - 05 years' imprisonment:  
a) Violations against regulations on export, import, temporary import, transit 
through Vietnam’s territory substances containing narcotic substances, narcotic 
drug, psychotropic drug and precursors;  
b) Violations against regulations on research, analysis, manufacturing, storage of 
narcotic substances and/or precursors;  
c) Violations against regulations on delivery, posse ssion, transport of narcotic 
substances and/or precursors;  
d) Violations against regulations on distribution, trading, use, exchange of 
narcotic substances and/or precursors;  
dd) Violations against regulations on management, control, storage of narcotic 
substances and/or precursors in the border checkpoint area or at sea;  
e) Allowing an unqualified person to keep or use narcotic substances or 
psychotropic substances or other narcotic substances.  
2. This offence committed in any of the following circumstanc es carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, prohibited from holding certain positions or doing certain works for 
01 - 05 years.  
Chapter XXI  
INFRINGEMENT UPON PUBLIC SAFETY, PUBLIC ORDER  
Section 1. INFRINGEMENT UPON TRAFFIC SAFETY  
Article 260. Road traffic offences  
1. Any person who viola tes regulations on road traffic safety in any of the 
following circumstances shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 
- 05 years' imprisonment:  187 
 
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender does n ot have a driving license as prescribed;  
b) The offender is under the influence of alcohol with blood or breath alcohol 
content above the limit or under the influence of drugs or other strong stimulants 
banned by law;  
c) The offender leaves the site after the accident to evade responsibility or 
refuses to help the victim;  
d) The offender fails to comply with the traffic controller's commands;  
dd) The offence results in the death of 02 people;  
e) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
g) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
h) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm t o ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  188 
 
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
4. If the offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to 02 or more people w ho suffer from a total WPI of 
31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence.  
5. If a road traffic offence poses a threat to life, health or property of ot her 
people and is not promptly prevented, the offender shall be liable to a fine of 
from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's 
community sentence or 03 - 12 months' imprisonment.  
6. The offender might also be prohibited from  holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 261. Obstruction of road traffic  
1. Any person who illegally digs, drills, cuts, buries road traffic works; illegally 
places or spills materials, wastes, garbage, slippery substan ces, sharp items or 
other obstacles that obstruct road traffic; illegally removes, moves, blocks or 
destroys road signs, traffic lights, milestones, road mirrors, median strip or other 
road safety equipment; opens illegal crossing; illegally uses sidewalks , 
carriageway; illegally uses road safety corridors or commits violations against 
regulations on road traffic safety during construction on public roads in any of 
the following circumstances shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,0 00, up to 03 years' community sentence or 06 - 36 months' 
imprisonment:  
a) The offence results in the death of 01 person or  bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The proper ty damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' 
imprisonm ent: 189 
 
a) The offence is committed on a mountain pass, freeway or dangerous road;  
b) The offence results in the death of 02 people;  
c) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
d) The offence results in bodil y harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalt y of 05 - 10 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to ≥ 03 people, each of whom suffers from 
≥ 61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a to tal WPI 
of ≥ 201%.  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
4. Any person who illegally digs, drills, cuts, buries road traffic works; illegally 
places or spills materials, wastes, garbage, slippery substances, sharp  items or 
other obstacles that obstruct road traffic; illegally removes, moves, blocks or 
destroys road signs, traffic lights, milestones, road mirrors, median strip or other 
road safety equipment; opens illegal crossing; illegally uses sidewalks, 
carriage way; illegally uses road safety corridors or commits violations against 
regulations on road traffic safety during construction on public roads and as a 
result causes bodily harm for 01 person who suffers from 31% - 60% WPI or 
bodily harm to more than one p erson who suffers from a total WPI of 31% - 
60% shall be liable to a fine of from VND 30,000,000 to VND 100,000,000, up 
to 03 years' community sentence.  
5. If this offence poses a threat to life, health or property of other people and is 
not promptly preve nted, the offender shall be liable to a fine of from VND 
5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community 
sentence.  190 
 
Article 262. Allowing the use of unroadworthy road vehicles, heavy -duty 
vehicles on public roads  
1. Any person who  is responsible for operation or operating conditions of 
vehicles but allows the use of unroadworthy road vehicles or heavy -duty 
vehicles on public roads in any of the following circumstances shall be liable to 
a fine of from VND 20,000,000 to VND 100,000, 000 or face a penalty of up to 
03 years' community sentence or 06 - 36 months' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonmen t: 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The prop erty damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of 03 or  more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  191 
 
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
4. Any person who is responsible for operation or operating conditions of 
vehicles but allows the use of unroadworthy road vehicles or heavy -duty 
vehicles on public roads and as a results causes bodily harm for 01 person who 
suffers from 31% - 60% WPI or bodily harm to more than one person who 
suffer from a total WPI of 31% - 60% shall b e liable to a fine of from VND 
20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community 
sentence.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 263. Requesting a n unqualified person to operate a vehicle on public 
roads  
1. Any person who makes use of his/her power to request another person to 
operate a vehicle on public roads in the knowledge that he/she does not have a 
driver license, does not have capable health,  has not reached the driving age or is 
under the minimum driving age, is under the influence of alcohol with blood or 
breath alcohol content above the limit or under the influence of drugs or other 
strong stimulants and as a results causes any of the follo wing consequences shall 
be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a 
penalty of up to 03 years' community sentence or 01 - 03 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence  is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bod ily harm to 02 people, each of whom suffers from 
61% WPI or more;  192 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm t o ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
4. Any person who makes use of his/her power to request another person to 
operate a vehicle on public roads in the knowled ge that he/she does not have a 
driver license, capable health or is under the minimum driving age, is under the 
influence of alcohol with blood or breath alcohol content above the limit or 
under the influence of drugs or other strong stimulants and as a re sults causes 
bodily harm for 01 person who suffers from 31% - 60% WPI or bodily harm to 
more than one person who suffer from a total WPI of 31% - 60% shall be liable 
to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up 
to 03 years' c ommunity sentence:  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
30,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 264. Allowing an unqualified person to operate a vehicl e on public 
roads  
1. Any person who owns or manages a road vehicle and allows another person 
to operate the vehicle on public roads in the knowledge that he/she does not 
have a driver license or is under the minimum driving age or under the influence 
of al cohol with blood or breath alcohol content above the limit or under the 
influence of drugs or other strong stimulants or otherwise unqualified and as a 
results causes any of the following consequences shall be liable to a fine of from 193 
 
VND 10,000,000 to VND  50,000,000 or face a penalty of up to 03 years' 
community sentence:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 50,000,000 to VND 20 0,000,000 or a penalty of 06 - 36 months' 
imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people wh o suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' impri sonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
4. Any person who owns or manages a road vehicle and allows another person 
who does not have a driver license or is under the minimum driving age or under 
the influence of alcoh ol with blood or breath alcohol content above the limit or 194 
 
under the influence of drugs or other strong stimulants or otherwise unqualified 
and as a results causes bodily harm for 01 person who suffers from 31% - 60% 
WPI or bodily harm to more than one per son who suffer from a total WPI of 
31% - 60% shall be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or face a penalty of up to 02 years' community sentence.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
30,000,000 . 
Article 265. Organizing illegal street races  
1. Any person who illegally organizes a street race which involves automobiles, 
motorbikes or other motor vehicles shall be liable to a fine of from VND 
30,000,000 to VND 100,000,000 or face a penalty of up to  03 years' community 
sentence or 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The street race is parti cipated by ≥ 10 vehicles or the offender organizes ≥ 02 
street races at the same time;  
b) The street race involves betting;  
c) The offender organizes resistance to people in charge of road traffic safety 
and order or people in charge of dismissing the stre et race;  
d) The street race is held in a crowded area;  
dd) Safety equipment is removed from the racing vehicles;  
e) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
g) The offence results in bodily harm to ≥02 people, each of whom suffers from 
31% - 60% WPI;  
h) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 61% - 121%;  
i) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,00 0; 
k) This offence or street racing is recommitted.  195 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to  02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
dd) Dangerous recidivism.  
4. This offence committe d in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI o r more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
5. If the offence results in bodily harm to 01 person who suffers from 31% - 
60% WP I or bodily harm to ≥ 02 who suffer from a total WPI of 31% - 60%, the 
offender shall face a penalty of 01 - 06 years' imprisonment.  
6. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 266. Illegal street racing  
1. Any person who participates in an illegal street race which involves 
automobiles, motorbikes or other motor vehicles in any of the following 
circumstances shall be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 
months' imprisonment:  
a) The offence results in bodily harm to 01 people who suffers from 31% - 60% 
WPI;  196 
 
b) The offence results in bodily harm to more than one person who suffer from a 
total WPI of 31% - 60%;  
c) The off ender has incurred an administrative penalty or has an unspent 
conviction for the same offence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 50,000,000 to VND 150,000,000 or a penalty of 01 - 05 years' 
imprison ment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from  ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assesse d at from VND 
100,000,000 to under VND 500,000,000;  
dd) The offender causes an accident and leaves the site to evade responsibility or 
refuses to help the victim;  
e) The offender participates in betting;  
g) The offender resists people in charge of road tra ffic safety and order or people 
in charge of dismissing the street race;  
h) The street race is held in a crowded area;  
i) Safety equipment is removed from the racing vehicles;  
k) Dangerous recidivism.  
3. This offence committed in any of the following circu mstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people  who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  197 
 
4. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' im prisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
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 10,000,000 to VND 
50,000 ,000.  
Article 267. Offences against regulations on control of railway vehicles  
1. The commander or operator of a railway vehicle who violates regulations on 
railway safety in any of the following circumstances shall be liable to a fine of 
from VND 50,000,0 00 to VND 200,000,000 or face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonmen t: 
a) The offender does not have a license, qualification or certificate suitable for 
his/her duties;  
b) The offender commits the offence under the influence of alcohol with blood 
or breath alcohol content above the limit or under the influence of drugs or  other 
strong stimulants banned by law;  198 
 
c) The offender leaves the site after causing the accident to evade responsibility 
or refuses to help the victim;  
d) The offender fails to comply with the commands of the commander or person 
in charge of railway safe ty; 
dd) The offence results in the death of 02 people;  
e) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
g) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
h) The pr operty damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence poses a threat to life, health or property of other people and i s 
not promptly prevented, the offender shall be liable to a fine of from VND 
10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment.  
5. If this offence results in bodily harm to 01 person who su ffers from 31% - 
60% WPI or bodily harm to 02 or more people who suffer from a total WPI of 
31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or up to 03 years' community sentence or 03 - 24 months' 
imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 268. Obstruction of rail traffic  199 
 
1. Any person who places obstacles on the railway; moves the rail or sleepers; 
illegally drills, digs,  cuts the railway ground, opens crossing, builds drains or 
other illegal works across the railway; breaks, changes, moves, blocks railway 
signals, signs, milestones; lets animals cross the railway against the rules or 
allows animals pulling a vehicle acros s the railway without a rider; illegally uses 
a self -made vehicle or vehicle banned from railway; damages railway vehicles 
or illegally occupies railway safety corridors or perimeters in any of the 
following circumstances shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 
- 03 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who su ffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
dd) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence .  
2. T his offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following c ircumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  200 
 
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to  ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one perso n who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 10,000,000 to 
VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 
- 24 months' imprisonment:  
5. If this offence poses a threat to life,  health or property of other people and is 
not promptly prevented, the offender shall be liable to a fine of from VND 
10,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment.  
Article 269. Allowi ng the use of unsafe railway vehicles or equipment  
1. Any person who is responsible for operation or operating conditions of 
railway vehicles but allows the use of a vehicle or piece of equipment that does 
not have the certificate of registration, inspect ion or that does not satisfy 
technical standards or safety standards and as a result causes any of the 
following consequences or does it while having incurred a disciplinary penalty 
for the same offence shall be liable to a fine of from VND 20,000,000 to V ND 
100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 
years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 peop le, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  201 
 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) Th e offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circu mstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person wh o suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 20,000,000 to 
VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 
- 24 months' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 270. Requesting an unqualified person to operate railway vehicles  
1. Any person who requests or allows a person who does not have a license for 
train operation or a person under the  influence of alcohol with blood or breath 
alcohol content above the limit or under the influence of drugs or other strong 
stimulants or otherwise unqualified to operate a railway vehicle and as a results 
causes any of the following consequences or does it  while having incurred a 
disciplinary penalty for the same offence shall be liable to a fine of from VND 
30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community 
sentence or 01 - 05 years' imprisonment:  202 
 
a) The offence results in the dea th of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm t o ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one pers on who suffer from a total WPI 
of 31% - 60% or the offender has incurred a disciplinary penalty for the same 
offence, the offender shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence o r 03 - 24 
months' imprisonment.  203 
 
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 271. Allowing an unqualified person to operate railway vehicles  
1. Any person who allows a person who d oes not have a license for train 
operation or a person under the influence of alcohol with blood or breath alcohol 
content above the limit or under the influence of drugs or other strong stimulants 
or otherwise unqualified to operate a railway vehicle and as a results causes any 
of the following consequences or does it while having incurred a disciplinary 
penalty for the same offence shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence o r 06 
- 36 months' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penal ty of 02 - 07 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total  WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offen ce results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  204 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender has incurred a d isciplinary penalty for the same 
offence, the offender shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence.  
5. The offender might also be prohibited from holding certain positions or d oing 
certain jobs for 01 - 05 years.  
Article 272. Offences against regulations on control of water -borne vehicles  
1. Any water -borne vehicle operator who violates regulations on waterway 
traffic safety and as a result causes any of the following consequenc es shall be 
liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty 
of up to 03 years' community sentence or 01 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at  from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender does not have a license or qualification suitable for his/her 
position or the vehicle as prescribed;  
b) The offender is under the influence of alcohol with blood or breath alcohol 
content above the limit or under the influence of drugs or other strong 
stimulants;  
c) The offender leaves the site after causing the accident to evade re sponsibility 
or refuses to help the victim;  205 
 
d) The offender fails to comply with the commands of commander or person in 
charge of waterway traffic safety;  
dd) The offence results in the death of 02 people;  
e) The offence results in bodily harm to 02 people , each of whom suffers from 
61% WPI or more;  
g) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
h) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm t o ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence poses a threat to life, health or property of other people and is 
not promptly prevented, the offender shall be liable to a fine of from VND 
10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment.  
5. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm  to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 
- 24 months' imprisonment.  
6. The offender mig ht also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 273. Obstruction of waterway traffic  
1. Any person who illegally drills or digs and as a result damages the structure 
of waterway traffic works; placing o bstacles that obstruct waterway traffic 
without putting up and signs; moves the signs; remove the signs or destroy 206 
 
waterway traffic works; occupies channels or safety corridor of waterway traffic 
or otherwise obstructs waterway traffic and causes any of th e following 
consequences shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 
years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 perso n who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results  in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offe nce results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstanc es carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 peop le who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  207 
 
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suff er from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 10,000,000 to 
VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 
24 months' imprisonment.  
5. If this offence poses a threat to life, health or property of other people and is 
not promptly prevented, the offender shall be liable to a fine of from VND 
10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment.  
Article 274. Allowing the use o f unsafe water -borne vehicles  
1. Any person who is responsible for operation or operating conditions of water -
borne vehicles but allows the use of a water -borne vehicle that is obviously 
unsafe and as a result causes any of the following consequences or do es it while 
having incurred a disciplinary or administrative penalty for the same offence or 
having an unspent conviction for the same offence shall be liable to a fine of 
from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' 
communit y sentence or 01 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carr ies a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer f rom a total WPI 
of 122% - 200%;  208 
 
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% W PI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender has incurred a disciplinary penalty or 
administrative penalty for the same offence or has an unspent conviction for the 
same offence , the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 
- 24 months' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 ye ars. 
Article 275. Requesting an unqualified person to operate water -borne 
vehicles  
1. Any person who requests a person who does not have an appropriate license, 
certificate or qualification or is otherwise unqualified to operate a water -borne 
vehicles and as a result causes any of the following consequences or does it 
while having incurred a disciplinary or administrative penalty for the same 
offence or having an unspent conviction for the same offence shall be liable to a 
fine of from VND 30,000,000 to VND  100,000,000 or face a penalty of up to 03 
years' community sentence or 01 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people , each of whom suffers from 
31% - 60% WPI;  209 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This of fence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circums tances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender has incurred a disciplinary or administrative 
penalty for the same offence or has an unspent conviction for the same offence, 
the offender shall be liable to a fine of from VND 30,000,000 to VND 
100,000, 000 or face a penalty of up to 03 years' community sentence or 03 - 24 
months' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 276. Allowing an unqualified person to ope rate water -borne vehicles  210 
 
1. Any person who allows another person who does not have an appropriate 
license, certificate or qualification or is otherwise unqualified to operate a water -
borne vehicles and as a result causes any of the following consequences or does 
it while having incurred a disciplinary or administrative penalty for the same 
offence or has an unspent conviction for the same offence shall be liable to a 
fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 
years' commun ity sentence or 06 - 36 months' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offen ce results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances c arries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffe r from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment : 
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The pr operty damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  211 
 
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender ha s incurred a disciplinary or administrative 
penalty or has an unspent conviction for the same offence, the offender shall be 
liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty 
of up to 03 years' community sentence.  
5. The offender  might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 277. Offences against regulations on airplane operation  
1. An airplane commander or operator who commits a violation against 
regulations on air traffi c safety which poses a threat to life, health or property of 
other people and is not promptly prevented shall be liable to a fine of from VND 
30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community 
sentence or 01 -05 years' imprisonmen t. 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonmen t: 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The prop erty damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  212 
 
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence results in the death of 03 or  more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 278. Obstruction of air traffic  
1. A person who commits any of the following acts which obstruct air traffic and 
result in to the death of 01 person or bodily harm to 01 person who suffers from 
31% - 60% WPI or bodily  harm to 02 people, each of whom suffers from 31% - 
60% WPI or bodily harm to ≥ 03 people who suffer from a total WPI of 62% - 
121% or property damage assessed at from VND 100,000,000 to under VND 
500,000,000 or does it while having incurred a disciplinary  or administrative 
penalty for the same offence or has an unspent conviction for the same offence 
shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a 
penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment.  
a) Placing obstacles that obstruct air traffic;  
b) Illegally moving, blocking or destroying air traffic signs or signals;  
c) Incorrectly using or jamming communication frequencies;  
d) Deliberately providing false information to an extent that threatens the s afety 
of the flying airplane or on the ground, safety of passengers, flight crew, ground 
crew, people at the airport/airfield or civil aviation equipment;  
dd) Damaging airport equipment or other ancillary equipment serving flight 
safety;  
e) Other acts obs tructing air traffic.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  213 
 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffe rs from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
e) The offender is in cha rge of air traffic safety assurance or air traffic safety 
equipment.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% W PI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender has incurred a disciplinary or administrative 
penalty for the same offence or has an unspent conviction for the same offence, 
the offender shall be liable to  a fine of from VND 10,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 
months' imprisonment.  
5. If this offence poses a threat to life, health or property of other people and is 
not promptly prevented, the offe nder shall be liable to a fine of from VND 
10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs f or 01 - 05 years.  
Article 279. Allowing the use of unsafe air transport vehicles  214 
 
1. Any person who is responsible for operation or operating conditions of air 
transport vehicles but allows the use of a vehicle that is obviously unsafe shall 
face a penalty of 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) Th e offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 08 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The  offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following circum stances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  215 
 
5. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who  suffer from a total WPI 
of 31% - 60%, the offender shall face a penalty of 06 - 36 months' 
imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 280. Requesting or allowing a n unqualified person to operate air 
transport vehicles  
1. Any person who requests or allows a person who does not have a license for 
airplane operation is otherwise unqualified as prescribed by law to operate air 
transport vehicles shall face a penalty of 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The o ffence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,00 0,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  216 
 
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm t o ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
5. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one pers on who suffer from a total WPI 
of 31% - 60%, the offender shall face a penalty of 06 - 36 months' 
imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 281. Offences against r egulations of maintenance, repair, 
management of traffic works  
1. A person who is in charge of maintenance, repair or management of road 
traffic, rail traffic, waterway traffic or air traffic works and commits any of the 
following acts which results in bod ily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence . 
a) Failure to comply with or correctly comply with regulations on maintenance, 
repair, management of traffic works which make them fail to assure technical 
safety and satisfy technical standards of works related to traffic safety;  
b) Failure to repair da maged traffic works that threaten traffic safety;  
c) Failure to follow or correctly follow instructions on traffic control, placement 
of signs, milestones, fences for prevention of accidents when a traffic work is 
damaged or under repair or maintenance;  
d) Failure to frequently check and take measures for assurance of traffic safety 
on a dangerous mountain pass, road segments where landslide, stone fall or 
flood is likely or unsafe road segments;  217 
 
dd) Failure to promptly take measures for prevention of accid ents when 
receiving information about a damaged traffic work under the offender's 
management;  
e) Failure to place or adequately place warning signals according to regulations 
on construction and repair of traffic works;  
g) Failure to clean up warning signs , fences, equipment and materials after the 
construction is complete;  
h) Other violations against regulations on maintenance, repair, management of 
traffic works.  
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 36 months' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily har m to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 12 2% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results  in the death of 03 or more people;  218 
 
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
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 10,000,000 to VND 
50,000 ,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 282. Hijacking of an airplane or ship  
1. Any person who uses violence, threat of violence or otherwise hijacks an 
airplane or ship shall face a penalty of 07  - 15 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves the use of dangerous weapons or equipme nt; 
c) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
d) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
dd) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 61% - 121%;  
e) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty  of 20 years' imprisonment or life imprisonment:  
a) The offence results in the death of 02 or more people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people w ho suffer from a total WPI 
of ≥ 122%;  219 
 
d) The property damage caused by the offence is assessed at ≥ VND 
500,000,000.  
4. The offender might also be put under mandatory supervision or prohibition 
from residence for 01 - 05 years.  
Article 283. Operating airpl anes against aviation laws of Socialist Republic 
of Vietnam  
1. Any person who operates an airplane to or from Vietnam against regulations 
of law on aviation of Socialist Republic of Vietnam, except for the cases in 
Article 110 and Article 111 hereof, shall  be liable to a fine of from VND 
100,000,000 to VND 300,000,000 or face a penalty of 03 - 36 months' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily  harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in b odily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  220 
 
4. This offence committed in any of the following circumstances carries a fin e of 
from VND 1,500,000,000 to VND 3,000,000,000 or a penalty of 05 - 12 years' 
imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The of fence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
5. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bod ily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 100,000,000 to 
VND 300,000,000 or face a penalty of up to 03 years' community sentence.  
Article 284. Operating maritime vehicles a gainst maritime laws of Socialist 
Republic of Vietnam  
1. A person who operates a ship or another maritime vehicle to or from Vietnam 
or across Vietnam's territorial sea and commits any of the following acts which 
causes 31% - 60% WPI for 01 person or a tot al WPI of 31% - 60% for more 
than one person or does it while having incurred an administrative penalty for 
the same offence, except for the cases in Article 110 and Article 111 hereof, the 
offender shall be liable to a fine of from VND 50,000,000 to VND 2 00,000,000 
or face a penalty of up to 03 years' community sentence:  
a) Exceeding speed limit in port waters;  
b) Failure to operate within permissible areas;  
c) Failure to follow or fully follow procedures for entering, leaving the port, 
pilotage regulatio n, procedures for anchoring, docking, side -by-side docking, 
regulations on order and hygiene, fire safety, prevention of environmental 
pollution by maritime vehicles;  
d) Failure to comply with or correctly comply with regulations on operating, 
evading, ove rtaking, yielding in maritime traffic or the maritime vehicle does 
not have honks, bells, gongs or the volume of which is not conformable;  221 
 
dd) Failure to adhere to the route or comply with signals as prescribed; failure to 
comply with or correctly comply w ith regulations on making sound or light 
signals.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 50,000,000 to VND 200,000,000 or a penalty of 03 - 24 months' 
imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND 500,000,000 or a penalty of 01 - 03 year s' 
imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence results in the death of 03 or more people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  222 
 
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
Section 2. OFFENCES AGAINST REGULATIONS ON INFORMATION 
TECHNOLOGY AND TELECOMMUNICA TIONS NETWORK  
Article 285. Manufacturing, trading, exchanging, giving instruments, 
equipment, software serving illegal purposes  
1. Any person who manufactures, deals in, exchanges, gives out instruments, 
equipment or software meant to attack a computer net work, telecommunications 
network or an electronic device serving illegal purposes shall be liable to a fine 
of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 
years' community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 100,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed in a professional manner;  
d) The illegal profit earned is from VND 50,000,000 to under VND 
500,000,000;  
dd) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 1,000,000,000;  
e) Dangerous recid ivism.  
3. This offence committed in any of the following circumstances carries a fine of 
from VND 500,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
e) The illegal profit earned is ≥ VND 500,000,000;  
b) The property damage caused  by the offence is assessed at ≥ VND 
1,000,000,000.  
4. The offender might also be liable to a fine of from VND 5,000,000 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.  223 
 
Article 286. Spreading software programs harmful for computer networks, 
telecommunications networks or electronic devices   
1. Any person who deliberately spreads a software program that is harmful for a 
computer network, telecommunica tions network or an electronic device in any 
of the following circumstances shall be liable to a fine of from VND 50,000,000 
to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 
06 - 36 months' imprisonment:  
a) The illegal profit e arned is from VND 50,000,000 to under VND 
200,000,000;  
b) The property damage caused by the offence is assessed at from VND 
50,000,000 to under VND 300,000,000;  
c) The harmful program is infected by 50 - 199 electronic devices or by an 
information system w ith 50 - 199 users;  
d) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND 500,000,000 or a pen alty of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The illegal profit earned is from VND 200,000,000 to under VND 
500,000,000;  
c) The property damage caused by the offence is assessed at from VND 
300,000,000 to under  VND 1,000,000,000;  
d) The harmful program is infected by 200 - 499 electronic devices or by an 
information system with 200 - 499 users;  
dd) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence is committed against a system of data which is classified 
information or an information system serving national defense and security;  
b) The offence is committed against national information infrastructure; national 
grid control information system; banking or finance information system; traffic 
control information system;  224 
 
c) The illegal profit earned is ≥ VND 500,000,000;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,000,000,000;  
dd) The harmful program is infected by ≥ 500 electronic devices or by an 
information system with ≥ 500 users.  
4. The offende r might also be liable to a fine of from VND 30,000,000 to VND 
200,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 287. Obstruction or disturbance of computer networks, 
telecommunications networks or el ectronic devices  
1. Any person who deletes, damages or changes a software program or 
electronic data or illegally obstructs the transmission of data of a computer 
network, telecommunications network or an electronic device or otherwise 
obstructs or distur bs a computer network, telecommunications network or an 
electronic device in any of the following circumstances, except for the cases in 
Article 286 and Article 289 hereof, shall be liable to a fine of from VND 
30,000,000 to VND 200,000,000 or face a penal ty of 06 - 36 months' 
imprisonment:  
a) The illegal profit earned is from VND 50,000,000 to under VND 
200,000,000;  
b) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
c) The offence results in shutdown or suspension or the computer network, 
telecommunications network or electronic device for a period from 30 minutes 
to under 24 hours or from 03 to under 10 times within 24 hours;  
d) The offence results in suspension of operation of an organization for a p eriod 
from 24 hours to under 72 hours;  
dd) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence .  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND  1,000,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  225 
 
b) The offender misuses his/her position as the administrator of the computer 
network or telecommunications network;  
c) Dangerous recidivism;  
d) The illegal profit earned is from VND 200,000,000 to under VND 
1,000,000,000;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
e) The offence results in suspension or the computer network, 
teleco mmunications network or electronic device for a period from 24 hours to 
under 168 hours or from 10 to under 50 times within 24 hours;  
g) The offence results in suspension of operation of an organization for a period 
from 72 hours to under 168 hours.  
3. Thi s offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence is committed against a system of data which is classified 
information or an information system serving national defense and security;  
b) The offence is committed against national information infrastructure; national 
grid control information system; banking or finance information system; traffic 
control information system;  
c) The illegal profit earned is ≥ VND 1,000,000,000;  
d) The prope rty damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
dd) The offence results in suspension or the computer network, 
telecommunications network or electronic device for ≥ 168 hours or ≥ 50 times 
within 24 hours;  
e) The offence results in sus pension of operation of an organization for ≥ 168 
hours.  
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 
200,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 288. Illegal pro vision or use of information on computer networks 
or telecommunications networks  226 
 
1. A person who commits any of the following acts and earns an illegal profit of 
from VND 50,000,000 to under VND 200,000,000 or causes property damage 
assessed at from VND 10 0,000,000 to under VND 500,000,000 or damages 
reputation of an organization or individual shall be liable to a fine of from VND 
30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community 
sentence or 03 - 36 months' imprisonment:  
a) Upload ing information on a computer or telecommunications network against 
regulations of law, except in the circumstances specified in Article 117, 155, 
156 and 326 hereof;  
b) Trading, exchanging, giving, changing or publishing lawfully private 
information of an  organization or individual on the computer or 
telecommunications network without the consent of the information owner;  
c) Other acts that involve illegal use of information on the computer or 
telecommunications network.  
2. This offence committed in any of  the following circumstances carries a fine of 
from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offender misuses his/her position as the administrator of the co mputer or 
telecommunications network;  
c) The illegal profit earned is ≥ VND 200,000,000;  
d) The property damage caused by the offence is assessed at ≥ VND 
500,000,000;  
dd) The offence involves infringement of privacy which results in the suicide of 
the victim;  
e) The offence has a negative impa ct on social security, order or safety or 
Vietnam's diplomatic relationship;  
g) The offence results in a demonstration.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
200,000,000 or prohibited from holding certain positions or  doing certain jobs 
for 01 - 05 years.  
Article 289. Illegal infiltration into the computer network, 
telecommunications network or electronic device of another person  227 
 
1. Any person who deliberately bypasses the warning, hacks the password or 
firewall or use s the administrator’s right of another person to infiltrate another 
person's computer network, telecommunications network or electronic device in 
order to take control, interfere the operation of the electronic device; steal, 
change, destroy, fabricate dat a or illegally use services shall be liable to a fine of 
from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses his/her position or power to commit the offence;  
c) The illegal profit earned is from VND 200,000,000 to under VND 
500,000, 000; 
d) The property damage caused by the offence is assessed at from VND 
300,000,000 to under VND 1,000,000,000;  
dd) The offence is committed against a national Internet exchange point, domain 
name database system or national domain name server system;  
e) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence is committed against a system of data which is classified 
information or an information system serving n ational defense and security;  
b) The offence is committed against a national information infrastructure; 
national grid control information system; banking or finance information 
system; traffic control information system;  
c) The illegal profit earned is ≥ VND 500,000,000;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,000,000,000.  
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing certa in jobs for 
01 - 05 years.  228 
 
Article 290. Appropriation of property using a computer network, 
telecommunications network or electronic device  
1. Any person who uses a computer network, telecommunications network or 
electronic device to commit any of the foll owing acts, except for the cases in 
Article 173 and Article 174 hereof, shall face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment:  
a) Using information about another organization's or individual's bank account 
or card to ap propriate the account holder's or card holder's property or illegally 
pay for the offender's purchases;  
b) Making, possessing, trading, using fake bank cards to steal money of card 
holders or illegally pay for the offenders' purchases;  
c) Illegally accessi ng the account of an organization or individual in order to 
appropriate their property;  
d) Commit frauds in electronic commerce, electronic payment, online currency 
trading, online capital raising, online multi -level marketing or online securities 
trading for the purpose of property appropriation;  
dd) Illegally establishing or providing telecommunications or Internet services 
for the purpose of property appropriation;  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed in a professional manner;  
d) The offence involves 50 - 199 fake cards;  
dd) The property appropriated i s assessed at from VND 50,000,000 to under 
VND 200,000,000;  
e) The property damage caused by the offence is assessed at from VND 
50,000,000 to under VND 300,000,000;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances c arries a 
penalty of 07 - 15 years' imprisonment:  229 
 
a) The property appropriated is assessed at from VND 200,000,000 to under 
VND 500,000,000;  
b) The property damage caused by the offence is assessed at from VND 
300,000,000 to under VND 500,000,000;  
c) The of fence involves 200 - 499 fake cards.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The property appropriated is assessed at ≥ VND 500,000,000;  
b) The property damage caused by the offen ce is assessed at ≥ VND 
500,000,000;  
c) The offence involves ≥ 500 fake cards.  
5. The offender might also be liable to a fine of from VND 20,000,000 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.  
Article 291. Illegal collection, possession, exchanging, trading, publishing of 
information about bank accounts  
1. Any person who illegally collects, possesses, exchanges, trades, publishes 
information abou t other people's bank accounts with a quantity of 20 - 49 
accounts or earns an illegal profit of from VND 20,000,000 to under VND 
50,000,000 shall be liable to a fine of from VND 20,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 1000,000,000 to VND 200,000,000 or a penalty of 03 - 24 months' 
imprisonment:  
a) The offence involves information about 50 - 199 accounts of other people;  
b) The offence is committed by an organized group;  
c) The offence is committed in a professional manner;  
d) The illegal profit earned is from VND 50,000,000 to under VND 
200,000,000;  
dd) Dangerous recidivism.  230 
 
3. This offence committed in any of the followi ng circumstances carries a fine of 
from VND 200,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence involves information about ≥ 200 accounts of other people;  
b) The illegal profit earned is ≥ VND 200,000,000;  
4. The offe nder might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years or have part or all of his/her property confiscated.  
Article 292. Illegal provision of service s on computer network or 
telecommunications network  
1. A person who provides any of the following services on a computer network 
or telecommunications network without a license or against the license and 
earns a profit of from VND 50,000,000 to under VND 2 00,000,000 or a revenue 
of from VND 500,000,000 to under VND 2,000,000,000 shall be liable to a fine 
of from VND 200,000,000 to VND 500,000,000 or face a penalty of up to 02 
years' community sentence:  
a) Trading gold on accounts;  
b) Electronic commerce exc hange;  
c) Multi -level marketing;  
d) Payment services;  
dd) Online video games;  
e) Other services on computer networks or telecommunications networks as 
prescribed by law.  
2. This offence committed in any of the following circumstances carries a fine of 
from  VND 500,000,000 to VND 1,500,000,000 or a penalty of 03 - 24 months' 
imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed in a professional manner;  
d) Dangerous reci divism.  231 
 
dd) The illegal profit earned is from VND 200,000,000 to under VND 
500,000,000 or illegal revenue of from VND 2,000,000,000 to under VND 
5,000,000,000.  
3. If the illegal profit is ≥ 500,000,000 or revenue ≥ VND 5,000,000,000, the 
offender shall be liable to a fine of from VND 1,500,000,000 to VND 
5000,000,000 or face a penalty of 02 - 05 years' imprisonment.  
4. The offender might also be liable to a fine of from VND 20,000,000 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.  
Article 293. Illegal use of radio frequencies dedicated to emergency service s, 
safety services, search and rescue or national defense and security  
1. Any person who illegally uses radio frequencies dedicated to emergency 
services, safety services, search and rescue or national defense and security and 
as a result causes property d amage assessed at from VND 200,000,000 to under 
VND 500,000,000 or does it while having incurred an administrative penalty for 
the same offence or having an unspent conviction for the same offence shall be 
liable to a fine of from VND 50,000,000 to VND 100 ,000,000 or face a penalty 
of up to 03 years' community sentence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The property damage ca used by the offence is assessed at ≥ VND 
500,000,000;  
c) Dangerous recidivism.  
Article 294. Deliberate harmful interference of radio frequencies  
1. Any person who deliberately causes harmful interference or obstructs the 
normal operation of the radio infor mation system and as a result causes property 
damage assessed at from VND 200,000,000 to under VND 500,000,000 or does 
it while having incurred an administrative penalty for the same offence or 
having an unspent conviction for the same offence shall be lia ble to a fine of 
from VND 50,000,000 to VND 100,000,000 or face a penalty of up to 03 years' 
community sentence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  232 
 
a) The offence is committed b y an organized group;  
b) The property damage caused by the offence is assessed at ≥ VND 
500,000,000;  
c) Dangerous recidivism.  
Section 3. OTHER OFFENCES AGAINST PUBLIC SAFETY  
Article 295. Violations against regulations of law on occupational safety, 
occupat ional hygiene and safety in crowded areas  
1. Any person who violates regulations of law on occupational safety, 
occupational hygiene or safety in crowded areas in any of the following 
circumstances shall be liable to a fine of from VND 20,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 
years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonmen t: 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from ≥ 
61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000;  
dd) The offender is the person in charge of occupational safety, occupational 
hygiene or safety in crowded areas.  233 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imp risonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property d amage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be lia ble to a fine of from VND 20,000,000 to 
VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 
- 24 months' imprisonment.  
5. If this offence is likely to cause harm to life, health or property of other 
people and is not promptly prev ented, the offender shall face a penalty of up to 
03 year's community sentence or 06 - 36 months' imprisonment.  
6. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing ce rtain jobs for 
01 - 05 years.  
Article 296. Violations against regulations of law on employment of workers 
under 16  
1. Any person who employs a person under 16 to do hard or dangerous works or 
works that involve contact with harmful substances on the list c ompiled by the 
State in any of the following circumstances shall be liable to a fine of from VND 
30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment:  
a) The offender has incurred an administ rative penalty or has an unspent 
conviction for the same offence;  
b) The offence results in bodily harm to 01 people who suffers from 31% - 60% 
WPI;  
c) The offence results in bodily harm to more than one person who suffer from a 
total WPI of 31% - 60%.  234 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence involves ≥ 02 workers under 16;  
c) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
d) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
dd) The offence results in  bodily harm to ≥ 03 people who suffer from a total 
WPI of ≥ 61%.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of more than one person;  
b) The offence results in bodily harm to more than one person, each of whom 
suffers from ≥ 61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 122%.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 297. Coercive labor  
1. Any person who uses violence, threat of violence or otherwise forces a person 
to work against his/her will in any of the following circumstances shall be liable 
to a fine of from VND 50,000,000 to VND 200,000,000 or  face a penalty of up 
to 03 years' community sentence or 06 - 36 months' imprisonment:  
a) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence;  
b) The offence results in bodily harm to 01 people who suffers from 31% - 60% 
WPI;  
c) The offence results in bodily harm to more than one person who suffer from a 
total WPI of 31% - 60%.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  235 
 
a) The offence is committed by an organized group;  
b) The offence involves ≥ 02 workers under 16;  
c) The offence is committed against a person under 16, a woman whose 
pregnancy is known by the offender, an old and weak person, a person suffering 
for severe or extremely severe physical disability;  
d) The of fence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
dd) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
e) The offence results in bodily harm to ≥ 03 people who suffer fr om a total WPI 
of ≥ 61%;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence results in the death of more than one person;  
b) The offence results in bodil y harm to more than one person, each of whom 
suffers from ≥ 61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 122%.  
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or pro hibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 298. Offences against regulations of law on construction that lead to 
serious consequences  
1. Any person who violates regulations of law on construction in terms of 
survey, design, construction, use of materials, machinery, construction 
supervision, acceptance or other issues in any of the following circumstances, 
except for the cases in Article 224 or 281 hereof, shall be liable to a fine of from 
VND 50,000,000 to VND 5 00,000,000 or face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  236 
 
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 62% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offe nce committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender is the person in charge;  
b) The offence results in the death of 02 people;  
c) The offence results in bodily harm to 02 people, each of who m suffers from 
61% WPI or more;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following  circumstances carries a 
penalty of 08 - 20 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person wh o suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 50,000,000 to 
VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 
- 36 months' imprisonment.  237 
 
5. The offender might also be liable to a fine  of from VND 30,000,000 to VND 
100,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 299. Terrorism  
1. Any person who harms other people's life or destroy property of another 
organization or individual to  bring terror to the public shall face a penalty of 10 - 
20 years' imprisonment, life imprisonment or death.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 15 years' imprisonment:  
a) Establishing or participating in a terrorist organization or terrorism -financing 
organization;  
b) Forcing, persuading, recruiting, training terrorists; manufacturing or 
providing weapons for terrorists;  
c) Infringing upon bodily integrity, health or appropriating, damaging property 
of another organization or individual.  
3. A person that threatens to commit any of the acts specified in Clause 1 of this 
Article or uses other methods to cause mental intimidation shall face a penalty 
of 02 - 07 years' imprisonment.  
4. A person that prepares  for the commission of this offence shall face a penalty 
of 01 - 05 years' imprisonment.  
5. The offender might also have some citizenship rights deprived of, be put 
under mandatory supervision or prohibition from residence for 01 - 05 years or 
have all or part of his/her property confiscated.  
Article 300. Terrorism financing  
1. Any person who raises or provides money or property in any shape or form to 
a terrorist or terrorist organization shall face a penalty of 05 - 10 years' 
imprisonment.  
2. A person th at prepares for the commission of this offence shall face a penalty 
of 01 - 05 years' imprisonment.  
3. The offender might also be put under mandatory supervision or prohibition 
from residence for 01 - 05 years or have all or part of his/her property 
confis cated.  
Article 301. Taking hostages  238 
 
1. Any person who takes another person hostage and threatens to kill, hurt the 
hostage or detains the hostage to force a nation, territory, international 
organization or another organization or individual to act or not t o act as a 
condition for releasing the hostage, except for the cases in Article 113 and 
Article 299 hereof, shall face a penalty of 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 ye ars' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses his/her position or power to commit the offence;  
c) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender or a perso n aged ≥ 70;  
d) The offence is committed against a law enforcement officer in performance of 
his/her official duties;  
dd) The offence is committed against more than one person;  
e) The offence results in bodily harm to 01 person who suffers from 31% - 60% 
WPI or bodily harm to ≥ 02 who suffer from a total WPI of 31% - 60%;  
g) The victim suffers from 11% - 45% mental and behavioral disability because 
of the offence.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
e) The victim suffers from ≥ 46% mental and behavioral disability because of 
the offence.  
4. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  239 
 
a) The offence results in the death of more than one person;  
b) The offence results in bodily harm to more than one person, each of whom 
suffer s from ≥ 61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 122%;  
d) The property damage caused by the offence is assessed at ≥ VND 
500,000,000.  
5. A person that prepares for the commission of this offence shall face a penalty 
of 06 - 36 months' imprisonment.  
Article 302. Piracy  
1. A person who commits any of the following acts shall face a penalty of 05 - 
10 years' imprisonment:  
a) Attacking a ship, aircraft or another maritime vehicle at sea or in an area 
which is not under any nation's jurisdiction;  
b) Attacking or capturing people on a ship, aircraft or another maritime vehicle 
specified in Point a of this Clause;  
c) Robbing or destroying property on a ship, aircraft or another maritime vehicle 
specified in Poi nt a of this Clause.  
2. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
c) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 61% - 121%;  
dd) The property appropriated is  assessed at from VND 50,000,000 to under 
VND 300,000,000;  
e) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  240 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence  results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property appropriated is assessed at from VND 300,000,000 to under 
VND 1,000,000,000;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,00 0 to under VND 1,500,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment or life imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property appropriated is assessed at ≥ VND 1,000,000,000;  
dd) The property damage caused by the offence is  assessed at ≥ VND 
1,500,000,000.  
5. A person that prepares for the commission of this offence shall face a penalty 
of 01 - 05 years' imprisonment.  
Article 303. Destruction of work, facility, equipment important for national 
security  
1. Any person who des troys a work, facility, means of transport, means of 
communications, electricity work, fuel transport work, irrigation work or 
another work that is important for national security, of economic, technological 
or cultural and social importance, except for th e cases in Article 114 hereof, 
shall face a penalty of 03 - 12 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 10 - 20 years' imprisonment or life imprisonment:  241 
 
a) The offence is committed by an org anized group;  
b) The offence results in damage or breakdown of the work, facility or 
equipment important for national security;  
c) The offence results in the death of ≥ 03 people;  
d) The offence results in bodily harm to 03 people, each of whom suffers fro m 
61% WPI or more;  
dd) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of ≥ 200%;  
e) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000;  
g) The offence has a negative impact of socio -economic situatio n; 
h) Dangerous recidivism.  
3. A person that prepares for the commission of this offence shall face a penalty 
of 01 - 05 years' imprisonment.  
4. The offender might also be put under mandatory supervision for 01 - 05 years.  
Article 304. Illegal manufacture,  possession, transport, use or appropriation 
of military weapons or devices  
1. Any person who illegally manufactures, possesses, transports, uses or 
appropriates a military weapon or device shall face a penalty of 01 - 07 years' 
imprisonment.  
2. This offen ce committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves: 03 - 10 pistols, rifles or sub machine guns; 01 - 05 
infantry guns of other typ es such as light machine guns, machine guns, 12.7 mm 
- 25 mm anti -aircraft guns, B40 or B41 guns; 05 - 15 mines or grenades; 03 - 10 
mortar bombs or mortar shells; 300 - 1,000 bullets ≤ 11.43 mm; 200 - 600 
bullets of 12.7 mm - 25 mm anti -aircraft guns; 10 kg - 30 kg of explosives or 
1,000 - 3,000 detonators; from 1,000 m to under 10,000 m of delay fuse.  
c) Illegal goods are transported or traded across the border;  
d) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  242 
 
dd) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
e) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
g) The property damage caused by the offence is assesse d at from VND 
100,000,000 to under VND 500,000,000;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
dd) The offence involves: 11 - 30 pistols, rifles or sub machine guns; 06 - 20 
infantry guns of other types such as light machine guns, machine guns, 12.7 mm 
- 25 mm anti -aircraft guns, B40 or B41 guns; 16 - 45 mines or grenades; 11 - 30 
mortar bombs or mortar shells; 1,001 - 3,000 bullets ≤ 11.43 mm; 601  - 2,000 
bullets of 12.7 mm - 25 mm anti -aircraft guns; 31 kg - 100 kg of explosives or 
3,001 - 10,000 detonators; from 10,000 m to under 30,000 m of delay fuse.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The offence involves: ≥ 31 pistols, rifles or sub machine guns; ≥ 21 guns of 
other types such as light machine guns, machine guns, 12.7 mm - 25 mm anti -
aircraft guns, B40 or B41 guns; ≥ 46 mines or grenades; ≥ 31  mortar bombs or 
mortar shells; ≥ 3,001 bullets ≤ 11.43 mm; ≥ 2,001 bullets of 12.7 mm - 25 mm 
anti-aircraft guns; ≥ 101 kg of explosives or ≥ 10,001 detonators; ≥ 30,000 m of 
delay fuse.  
b) The offence results in the death of ≥ 03 people;  
c) The offence r esults in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  243 
 
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of ≥ 201%;  
dd) 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 10,000,000 to VND 
50,000,000, put under mandatory supervision or prohibited from residence for 
01 - 05 years.  
Article 305. Illegal manufacture, possession, transport, use, trading or 
appropriation of explosive materials  
1. Any person who illegally manufactures, possesses, transports, uses, deals in 
or appropriates explosive materials shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances car ries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves 10 kg - 30 kg of explosive or 1,000 - 3,000 detonators 
or from 3,000 m to under 10,000 m of delay fuse;  
c) Illegal goods are transport ed or traded across the border;  
d) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
dd) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
e) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
g) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves 31 kg - 100 kg of explosive or 3,001 - 10,000 detonators 
or from 10,000 m to under 30,000 m of delay fuse;  
b) The offence results in the death of 02 people;  244 
 
c) The offence results in bodily harm to 02 pe ople, each of whom suffers from 
61% WPI or more;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following  circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
b) The offence involves ≥ 101 kg of explosive or ≥ 10,001 detonators or ≥ 
30,000 m of delay fuse;  
b) The offence results in the death of ≥ 03 people;  
c) The offence resul ts in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of ≥ 201%;  
dd) 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 10,000,000 to VND 
50,000,000, put under mandatory supervision or prohibited from residence for 
01 - 05 years.  
Article 306. Illegal manufacture, possession, transport, use, trading or 
appropriation of hunt ing rifles, cold weapons, sporting weapons, combat 
gears and other weapons with similar functions  
1. Any person who illegally manufactures, possesses, transports, uses, deals in 
or appropriates a hunting rifle, cold weapon, sporting weapon, combat gear or 
another weapon with similar functions despite the fact that he/she has incurred 
an administrative penalty for the same offence or has an unspent conviction for 
the same offence shall face a penalty of 03 - 24 months' imprisonment.  
2. This offence committed  in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offence is committed by an organized group;  245 
 
b) The offence involves ≥ 11 hunting rifles, cold weapons, sporting weapons, 
combat gears or other weapons that are not on the list of weapons compiled by 
the Government but have similar functions as military weapons;  
c) Illegal goods are transported or tr aded across the border;  
d) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
dd) The offence results in bodily harm to more than one person, each of whom 
suffers from 31% - 60% WPI;  
e) The offence results  in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
g) The property damage caused by the offence is assessed at ≥ VND 
100,000,000;  
h) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000, put under mandatory supervision or prohibited from residence for 
01 - 05 years.  
Article 307. Offences against regulations of law on management of weapons, 
explosive materials and combat gears  
1. Any person who violates regulations of law on man agement of the 
manufacture, repair, provision, use, preservation, storage, transport, trading of 
military weapons, hunting rifles, sporting weapons, explosive materials and 
combat gears in any of the following circumstances shall face a penalty of 01 - 
05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm  to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  246 
 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122 % - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the off ence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from V ND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 
- 36 months' imprisonment.  
5. If this offence poses a threat to life, health or property of other people and is 
not promptly prevented, the offender shall face a  penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 308. Negligence in management of weapons, explosive mat erials and 
combat gears that results in serious consequences  
1. Any person who is responsible for management of military weapons, hunting 
rifles, sporting weapons, explosive materials or combat gears but negligently 
allows another person to use them in any  of the following circumstances shall 
face a penalty of up to 03 years' community sentence or 06 - 36 months' 
imprisonment:  247 
 
a) The offence results in the death of 01 person or bodily harm to 01 perso n who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results  in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who  suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 
- 24 months' imprisonment.  248 
 
5. The offender might also be prohibited from h olding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 309. Illegal manufacture, possession, transport, use, spreading, 
trading or appropriation of radioactive substances or nuclear materials  
1. Any person who illegally manufactures, pos sesses, transports, uses, spreads, 
deals in or appropriates radioactive substances or nuclear materials shall face a 
penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years'  imprisonment:  
a) The offence is committed by an organized group;  
b) Illegal goods are transported or traded across the border;  
c) The offence results in the death of 01 person or bod ily harm to 01 person who 
suffers from ≥ 61% WPI;  
d) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
dd) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 61% - 121%;  
e) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The offence results in the death of ≥ 03 people;  249 
 
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results i n bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
5. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to mor e than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 
- 36 months' imprisonment.  
6. The offender might also  be liable to a fine of from VND 5,000,000 to VND 
50,000,000, put under mandatory supervision or prohibited from residence for 
01 - 05 years.  
Article 310. Offences against regulations of law on management of 
radioactive substances and nuclear materials  
1. Any person who violates regulations of law on manufacture, provision, use, 
preservation, storage, transport, trading of radioactive substances or nuclear 
materials in any of the following circumstances shall face a penalty of 03 - 10 
years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who su ffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment : 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  250 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The prope rty damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The offence results in the death of ≥ 03 p eople;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to 
VND 1 00,000,000 or face a penalty of 01 - 05 years' imprisonment.  
5. If this offence is likely to cause harm to life, health or property of other 
people and is not promptly prevented, the offender shall face a penalty of up to 
03 year's community sentence or 06  - 36 months' imprisonment.  
6. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 311. Illegal manufacture, possession, transport, use or trading of 
flammable or toxic substances  
1. Any per son who illegally manufactures, possesses, transports, uses or deals in 
flammable or toxic substances shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' i mprisonment:  
a) The offence results in bodily harm to 01 people who suffers from 31% - 60% 
WPI;  
b) The offence results in bodily harm to more than one person who suffer from a 
total WPI of 31% - 60%.  251 
 
3. This offence committed in any of the following circum stances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) Illegal goods are transported or traded across the border;  
c) The offence involves Schedule 3 chemicals of Convention on the Prohibition 
of the Development, Production, Stockpiling and Use of Chemical Weapons and 
on their Destruction;  
d) The offence results in the death of 01 p erson or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
dd) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
e) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
g) T he property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
h) Dangerous recidivism.  
4. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence  involves Schedule 2 chemicals of Convention on the Prohibition 
of the Development, Production, Stockpiling and Use of Chemical Weapons and 
on their Destruction;  
b) The offence results in the death of 02 people;  
c) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of 122% - 200%;  
dd) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000 . 
5. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  252 
 
a) The offence involves Schedule 1 chemicals of Convention on the Prohibition 
of the Development, Production, Stockpili ng and Use of Chemical Weapons and 
on their Destruction;  
b) The offence results in the death of ≥ 03 people;  
c) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
d) The offence results in bodily harm to ≥ 03 people who suffer from a total 
WPI of ≥ 201%;  
dd) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
6. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000, put under mandatory supervision or prohibited from residence for 
01 - 05 years.  
Article 312. Offences a gainst regulations of law on management of 
flammable substances and toxic substances  
1. Any person who violates regulations of law on manufacture, provision, use, 
preservation, storage, transport, trading of flammable substances or toxic 
substances in any of the following circumstances shall face a penalty of 01 - 05 
years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who s uffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonmen t: 
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  253 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The prop erty damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall face a penalty of up to 02 year's community 
senten ce or 03 - 24 months' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 313. Offences against regulations of law on fire safety and fire 
fighting  
1. Any person who violate s regulations of law on fire safety or fire fighting in 
any of the following circumstances shall face a penalty of up to 03 years' 
community sentence or 02 - 05 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 pers on who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the  offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  254 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 08 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence result s in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm  to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07  - 12 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, the offender shall face a penalty of up to 02 year's community 
sentence or 03 - 24 months' imprisonment.  
5. If this offence is likely to cause harm to life, health or property of other 
people and is not promptly prevented, the offender shall face a penal ty of up to 
01 year's community sentence or 03 - 24 months' imprisonment.  
6. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 314. Offences against regulations of law on electricity work safety  
1. A person who commits any of the following acts which result in bodily harm 
to 01 person who suffers from 31% - 60% WPI or bodily harm to more than one 
person who suffer from a total WP I of 31% - 60% or property damage assessed 
at from VND 100,000,000 to under VND 500,000,000 or commits them while 255 
 
having incurred a disciplinary or administrative penalty for the same offence or 
having an unspent conviction for the same offence shall be li able to a fine of 
from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment:  
a) Allowing the construction of a house or work or building a house or work 
within the safety corridor of the electricity work;  
b) Negligence that results in explosion, fire, slash -and-burn or falling trees 
affecting electricity work safety;  
c) Digging, driving piles, building houses on the safety corridor of underground 
electric cables;  
d) Anchoring a ship in the  safety corridor of underground electric cables under 
the river bed or sea bed despite the warning sign;  
dd) Installing electrical equipment or building electrical line unsafely.  
2. This offence committed in any of the following circumstances carries a fin e of 
from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' 
imprisonment:  
a) The offence results in the death of a person;  
b) The offence results in bodily harm to 01 person who suffers from ≥ 61% WPI 
or bodily harm to ≥ 02 who suffer from a total WPI of 61% - 121%;  
c) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in the death of more than one person;  
b) The offence results in bodily harm to more than one person, each of whom 
suffers from ≥ 61% WPI or bodily harm to ≥ 02 who suffer from a total WPI of 
≥ 122%;  
c) The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000.  
4. If this offence poses a threat to life, health or property of other people and is 
not promptly prevented, the offender shall be liable to a fine of from VND 
20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment.  256 
 
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 315. Offences against regulations on medical examination, medical 
treatment, manufacture, concoction, dispense of medicines, selling 
medicines or other medical services  
1. Any person who violates regulations of  law on medical examination, medical 
treatment, manufacture, concoction, dispense of medicines, selling medicines or 
other medical services in any of the following circumstances, except for the 
cases in Article 259 hereof, or commits the offence while havi ng incurred a 
disciplinary or administrative penalty for the same offence or having an unspent 
conviction for the same offence shall face a penalty of 01 - 05 years' 
imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person  who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the o ffence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from ≥ 
61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND  1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  257 
 
b) The offence results in bodily harm to 03 people, each of whom suffers from ≥ 
61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 200%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000 ,000.  
4. If this offence results in bodily harm of 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or the offender has incurred a disciplinary or administrative 
penalty for the same o ffence or has an unspent conviction for the same offence, 
the offender shall face a penalty of up to 02 year's community sentence or 03 - 
24 months' imprisonment.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or pr ohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 316. Illegal abortion  
1. Any person who illegally performs an abortion on another person in any of 
the following circumstances shall face a penalty of up to 03 years' community 
sentence or 01 - 03 years' imprisonment:  
a) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The offender has incurred a disciplinary or administrative penalty or has an 
unspent conviction for the same offence .  
2. This offence committed in any of the follo wing circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from ≥ 
61% WPI;  258 
 
c) The offence results in bodily harm to ≥ 03 pe ople who suffer from a total WPI 
of 122% - 200%.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to 03 people, each of whom suffers from ≥ 
61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%.  
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000 or prohibited from holding ce rtain positions or doing certain jobs for 
01 - 05 years.  
Article 317. Offences against regulations of law on food safety and hygiene  
1. A person who commits any of the following violations against regulations of 
law on food safety shall be liable to a fin e of from VND 50,000,000 to VND 
200,000,000 or a penalty of 01 - 05 years' imprisonment:  
a) Using banned substances in manufacture, preparation, processing, 
preservation of food or selling, providing food in the knowledge that it contains 
banned substances ; 
b) Using chemicals, antibiotics, veterinary medicines, pesticides banned from 
farming, breeding, aquaculture, salt production, preparation, processing, 
preservation of agricultural, forestry, aquaculture products and salt creating an 
amount of residue be yond permissible limit in products;  
c) Using chemicals, antibiotics, veterinary medicines, pesticides, environment 
recovery substances that are not on the list of permissible substances or of 
unknown origins or against regulations on preparation, processin g, preservation 
of agricultural, forestry, aquaculture products creating an amount of residue 
beyond permissible limit in products; or committing the offence while having 
incurred an administrative penalty for any of the offences specified in this Point 
or Point a of this Clause;  
d) Processing, providing or selling food in the knowledge that it does not 
comply with technical regulations or regulations on food safety; using 
chemicals, additives, processing agents that are not on the list of permissible 
subst ances or of unknown origins for manufacture, preparation, processing or 259 
 
preservation of food causing bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60% or earning an illeg al profit of from 50,000,000 - VND 
100,000,000.  
2. This offence committed in any of the following circumstances carries a fine of 
from VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' 
imprisonment:  
a) The offence is committed by an organiz ed group;  
b) The offence results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
c) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
d) The offence results in bodily harm to ≥ 03 pe ople who suffer from a total 
WPI of 61% - 121%.  
dd) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
e) The offence has been committed more than once;  
g) Dangerous recidivism.  
3. This offence committed in any of the following cir cumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from ≥ 
61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who  suffer from a total WPI 
of 122% - 200%;  
d) The illegal profit earned is from VND 500,000,000 to under VND 
1,000,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence resul ts in the death of ≥ 03 people;  
b) The offence results in bodily harm to ≥ 03 people, each of whom suffers from 
≥ 61% WPI;  260 
 
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 200%;  
d) The illegal profit earned is ≥ VND 1,0 00,000,000.  
5. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Section 4. OTHER OFFENCES AGAINST PUBLIC ORDER  
Article 318. Disturban ce of public order  
1. Any person who causes disturbance of public order which negatively impacts 
social safety, order or security or does it while having incurred an administrative 
penalty for the same offence or having an unspent conviction for the same 
offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or 
face a penalty of up to 02 years' community sentence or 03 - 24 months' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves use of weapons or vandalism;  
c) The offence results in serious traffic congestion or suspension of public 
activities;  
d) The offender incites other people to cau se disturbance;  
dd) The offender attacks the person who intervenes to maintain public order;  
e) Dangerous recidivism.  
Article 319. Infringement upon human bodies, graves or remains  
1. Any person who commits grave robbery or otherwise infringes upon a dead 
body, grave or human remains shall face a penalty of up to 02 years' community 
sentence or 03 - 02 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence has a n egative impact on social security, order or safety;  
b) The offence involves appropriation or destruction of historically or culturally 
valuable items;  261 
 
c) The offender is committed by despicable motives;  
d) The offence is for the purpose of taking part of t he body or remains.  
Article 320. Practicing superstitions  
1. Any person who practices fortune -telling, witchcraft or other types of 
superstitions despite the fact that he/she has incurred an administrative penalty 
for the same offence or has an unspent con viction for the same offence shall be 
liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty 
of up to 03 years' community sentence or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carrie s a 
penalty of 03 - 10 years' imprisonment:  
a) The offence results in the death of a person;  
b) The illegal profit earned is ≥ VND 200,000,000;  
c) The offence has a negative impact on social security, order or safety.  
3. The offender might also be liable t o a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 321. Illegal gambling  
1. Any person who illegally gambles in any shape or form with the stakes (in 
cash or kind) assessed at from VND 5,000,000 to under VND 50,000,000 or 
under VND 5,000,000 despit e the fact that he/she has incurred an administrative 
penalty or has an unspent conviction for the same offence or any of the offences 
specified in Article 322 hereof shall face a penalty of up to 03 year's community 
sentence or 06 - 36 months' imprisonmen t. 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed in a professional manner;  
b) The stake is assessed at VND ≥ 50,000,000;  
c) The offence is committed using the I nternet, a computer network, 
telecommunications network or electronic device;  
d) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 322. Organizing gambling or running gambling -dens  262 
 
1. Any  person who organizes gambling or runs a gambling den in any of the 
following circumstances carries be liable to a fine of from VND 50,000,000 to 
VND 300,000,000 or face a penalty of 01 - 05 years' imprisonment:  
a) The offender uses a place under his/her o wnership or management for ≥ 10 
people to gamble at the same time or for ≥ 02 gambling mats with the stakes of 
≥ VND 5,000,000;  
b) The total value of stakes at a time is ≥ VND 20,000,000;  
c) The offender provides pawnbroker services for gamblers; installs equipment 
serving the gambling; appoint people to guard or serve; prepares escape in case 
of raid; uses equipment for assisting the gambling;  
d) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence or any of  the offences specified in Article 321 
hereof .  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed in a professional manner;  
b) The illegal profit earned is ≥ VND 50 ,000,000;  
c) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 or have part or all of his/her property confiscated.  
Article 323. Storing or buying property obtained by crime  
1. Any person who, w ithout prior promise, stores or buys a piece of property in 
the knowledge that it is obtained through another person's commission of a 
crime shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or 
face a penalty of up to 03 years' community sentence or 06 - 36 months' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional man ner; 
c) The illegal piece of property is assessed at from VND 100,000,000 to under 
VND 300,000,000;  263 
 
d) The illegal profit earned is from VND 20,000,000 to under VND 
100,000,000;  
dd) Dangerous recidivism.  
3. This offence committed in any of the following ci rcumstances carries a 
penalty of 07 - 10 years' imprisonment:  
a) The illegal piece of property is assessed at from VND 300,000,000 to under 
VND 1,000,000,000;  
b) The illegal profit earned is from VND 100,000,000 to under VND 
300,000,000.  
4. This offence co mmitted in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The illegal piece of property is assessed at ≥ VND 1,000,000,000;  
b) The illegal profit earned is ≥ VND 300,000,000;  
5. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000 or have all or part of his/her property confiscated.  
Article 324. Money laundering  
1. A person who commits any of the following acts shall face a penalty of 01 - 
05 years' imprisonment:  
a) Directly or indirect ly participating in finance transactions, banking 
transactions or other transactions to conceal the illegal origin of the money or 
property obtained through his/her commission of a crime or obtained through 
another person's commission of a crime to his/her  knowledge;  
b) Using money or property obtained through his/her commission of a crime or 
obtained through another person's commission of a crime to his/her knowledge 
for doing business or other activities;  
c) Concealing information about the true origin, n ature, location, movement or 
ownership of money or property obtained through his/her or commission of a 
crime or obtained through another person's commission of a crime to his/her 
knowledge or obstructing the verification of such information;  
d) Committing  any of the offences specified in Point a through c of this Clause 
in the knowledge that the money or property is obtained through transfer, 
conversion of money or property obtained through another person's commission 
of a crime.  264 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses his/her position or power to commit the offence;  
c) The offence has been committed more than o nce; 
d) The offence is committed in a professional manner;  
dd) The offence involves deceitful methods;  
e) The illegal money or property is assessed at from VND 200,000,000 to under 
VND 500,000,000;  
g) The illegal profit earned is from VND 50,000,000 to und er VND 
100,000,000;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The illegal money or property is assessed at ≥ VND 500,000,000;  
b) The illegal profit earned i s ≥ VND 100,000,000;  
c) The offence has a negative impact on security of the national currency or 
finance system.  
4. A person that prepares for the commission of this offence shall face a penalty 
of 01 - 05 years' imprisonment.  
5. The offender might also b e liable to a fine of from VND 20,000,000 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.  
Article 325. Persuading, forcing a person under 18 to com mit a criminal 
offence or harboring a person under 18 who committed a criminal offence  
1. Any person aged 18 or over who commits any of the following violations 
against a person under 18 shall face a penalty of 01 - 05 years' imprisonment:  
a) Persuading, i nciting a person under 18 to commit a criminal offence or 
indulge in debauchery;  
b) Threatening, using violence or otherwise forcing a person under 18 to commit 
a criminal offence;  265 
 
c) Harboring a person under 18 who committed a offence.  
2. This offence com mitted in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves more than one person under 18;  
c) The offence involves a person under 13;  
d) The offen ce involves very serious crime or extremely serious crime 
committed by the person under 18;  
dd) Dangerous recidivism.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000.  
The person who commits this offence in the circu mstances in Point dd Clause 2 
of this Article might also be put under mandatory supervision for 01 - 05 years.  
Article 326. Distribution pornographic materials  
1. Any person who makes, duplicates, publishes, transports, deals in or 
possesses books, magazin es, pictures, films, music or other items that contain 
pornographic contents for the purpose of distributing them or distributes 
pornographic materials in any of the following circumstances shall be a fine of 
from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment:  
a) The offence involves an amount of digital data from 01 GB to under 05 GB in 
size; 
b) The offence involve 50 - 100 physical books or magazines;  
c) The offence involves 100 - 200 physical pictures;  
d) Pornographic materials are distributed among 10 - 20 people;  
dd) The offender has incurred an administrative penalty or has an unspent 
conviction for the same offence .  
2. This offence committed in any of the following circumstan ces carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  266 
 
b) The offence involves an amount of digital data from 05 GB to under 10 GB in 
size; 
c) The offence involve 51 - 100 physical books or magazines;  
d) Th e offence involves 201 - 500 physical pictures;  
d) Pornographic materials are distributed among 21 - 100 people;  
e) Pornographic materials are distributed to people under 18;  
g) The offence is committed using the Internet, a computer network, 
telecommunica tions network or electronic device;  
h) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves an amount of digital data ≥ 10 GB;  
b) The offence involve  ≥ 101 physical books or magazines;  
c) The offence involves ≥ 501 physical pictures;  
d) Pornographic materials are distributed among ≥ 101 people;  
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 
30,000,000 or prohibited from hol ding certain positions or doing certain jobs for 
01 - 05 years.  
Article 327. Harboring prostitutes  
1. Any person who harbors prostitutes shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances ca rries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) Forced prostitution;  
c) The offence has been committed more than once;  
d) The offence involves ≥ 04 people engaged in prostitution;  
dd) The offence involv es a person aged from 16 to under 18 engaged in 
prostitution;  267 
 
e) The offence results in 11% - 45% mental and behavioral disability of the aged 
from 16 to under 18;  
g) The illegal profit earned is from VND 50,000,000 to under VND 
200,000,000;  
h) Dangerous r ecidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence involves a person aged from 13 to under 16 engaged in 
prostitution;  
b) The illegal profit earned is from VND 200,000 ,000 to under VND 
500,000,000;  
c) The offence results in ≥ 46% mental and behavioral disability of the person 
engaged in prostitution.  
4. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment or life imprisonment:  
a) The offence involves more than one person aged from 13 to under 16engaged 
in prostitution;  
b) The illegal profit earned is ≥ VND 500,000,000;  
c) Forced prostitution that results in the victim's death or suicide.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or put under mandatory supervision for 01 - 05 years or have part 
or all of his/her property confiscated.  
Article 328. Procuring  
1. Any person who encourages or assists the prostitution of other s shall face a 
penalty of 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence involves a person aged from 16 to under 18 engaged in 
prostitution;  
b) The offence is committed by an organized group;  
c) The offence is committed in a professional manner;  268 
 
d) The offence has been committed more than once;  
dd) The offence involves more than one person;  
e) The illegal profit earned is from VND 100,000,000 to u nder VND 
500,000,000;  
g) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves a person aged from 13 to under 16 engaged in 
prostitution;  
b) The illeg al profit earned is ≥ VND 500,000,000;  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Article 329. Engaging in prostitution with a person under 18  
1. Any person aged ≥ 18 who engages in prostitution with a person u nder 18, 
except for the case in Point b Clause 1 Article 142 hereof, shall face a penalty of 
01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence has b een committed more than once;  
b) The person engaged in prostitution is from 13 to under 16 years of age;  
c) The offence causes 31% - 60% WPI for the victim.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years'  imprisonment:  
a) The offence has been committed more than once and the person engaged in 
prostitution is from 13 to under 16 years of age;  
b) The offence causes ≥ 61% WPI for the victim.  
4. The offender might also be liable to a fine of from VND 10,000,00 0 to VND 
50,000,000.  
Chapter XXII  
OFFENCES AGAINST ADMINISTRATIVE MANAGEMENT ORDER  269 
 
Article 330. Resisting a law enforcement officer in performance of his/her 
official duties   
1. Any person who uses violence, threat of violence or otherwise obstructs a law 
enforcement officer from performing his/her official duties or forces a law 
enforcement officer to act against the law shall face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment:  
2. This offence committed in any of the follo wing circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offender persuades or incites another person to commit the offence;  
d) The pro perty damage caused by the offence is assessed at ≥ VND 50,000,000;  
dd) Dangerous recidivism.  
Article 331. Abusing democratic freedoms to infringe upon the interests of 
the State, lawful rights and interests of organizations and/or citizens  
1. Any person w ho abuses the freedom of speech, freedom of the press, freedom 
of religion, freedom of association and other democratic freedoms to infringe 
upon the interests of the State, lawful rights and interests of organizations and/or 
citizens shall receive a warni ng or face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment.  
2. If the offence has a negative impact on social security, order or safety, the 
offender shall face a penalty of 02 - 07 years' imprisonment.  
Article 332. Avoiding  conscription  
1. Any person who fails to comply with regulations of law on conscription, 
defies an enlistment order or military training order despite the fact that he/she 
has incurred an administrative penalty or has an unspent conviction for the same 
offence shall face a penalty of up to 02 years' community sentence or 03 - 24 
months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offender injures himself/herself to av oid conscription;  
b) The offence is committed in wartime;  270 
 
c) The offender drags another person into committing the offence.  
Article 333. Defying order for enlistment of military reserve force members  
1. Any person who is a member of a military reserve for ce but defies the 
enlistment order in case of a general mobilization order or local mobilization 
order, war or necessary enhancement of the standing army to protect the local 
territory or the nation's sovereignty shall face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender injures himself/herself to avoid enlistment;  
b) The offender drags another pe rson into committing the offence.  
Article 334. Violation against regulations of law on conscription  
1. Any person who abuses his/her position to commit a violation against 
regulations of law on conscription, enlistment, military training order shall face 
a penalty of up to 03 years' community sentence or 06 - 36 months' 
imprisonment.  
2. If this offence is committed in wartime, the offender shall face a penalty of 02 
- 07 years' imprisonment.  
3. The offender might also be prohibited from holding certain pos itions for 01 - 
05 years.  
Article 335. Obstruction of conscription  
1. Any person who deliberately obstructs conscription, enlistment, military 
training order shall receive a warning or face a penalty of up to 02 years' 
community sentence or 03 - 24 months'  imprisonment.  
2. If this offence involves the offender's abuse of his/her power or position or is 
committed in wartime, the offender shall face a penalty of 02 - 05 years' 
imprisonment.  
Article 336. Illegal civil registration  
1. Any person who abuses his/ her position or power to register or issue civil 
registration documents against the law despite the fact that he/she has incurred a 
disciplinary penalty for the same offence shall receive a warning or face a 
penalty of up to 03 years' community sentence.  271 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 24 months' imprisonment:  
a) Registering or issuing civil registration documents to more than one person;  
b) The civil registration documents issued or registered again st the law are used 
for commission of illegal acts.  
3. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 337. Deliberate disclosure of classified information; appropriation, 
trading, destruction of classified d ocuments  
1. Any person who deliberately discloses or deals in classified information, 
except in the circumstances specified in Article 110 hereof, shall face a penalty 
of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circum stances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The information is classified as second -degree top secret;  
b) The offender misuses his/her position or power to commit the offence;  
c) The offence causes losses in terms of national defense and s ecurity or results 
in diplomatic, economic or cultural damage.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The information is classi fied as first -degree top secret;  
c) The offence has been committed more than once;  
d) The offence infringes upon the political regime, independence, sovereignty 
and territorial integrity of Vietnam.  
4. The offender might also be liable to a fine of from VN D 10,000,000 to VND 
100,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 338. Involuntary disclosure of classified information; loss of 
classified documents or items  272 
 
1. Any person who involuntarily discl oses classified information or loses a 
classified document or item shall face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 year s' imprisonment:  
a) The information is classified as top secret;  
b) The offence results in losses in terms of national defense and security; causes 
diplomatic, economic or cultural damages; infringes upon the political regime, 
independence, sovereignty and  territorial integrity.  
3. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 339. Criminal impersonation  
Any person who assumes a false position or rank to commit illegal acts other 
than a ppropriation of property shall face a penalty of up to 02 years' community 
sentence or 03 - 24 months' imprisonment.  
Article 340. Falsification and use of certificates or documents of 
organizations  
1. Any person who falsifies the content of a passport, vis a, household 
registration book, civil registration document, certificate or another document of 
an agency or organization and uses it to commits a criminal offence or does it 
while having incurred an administrative penalty for the same offence or having 
an unspent conviction for the same offence shall receive a warning, be liable to a 
fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offence has been committed more than once;  
b) The falsified document is used to commit a very serious crime or extremely 
serious crime.  
3. The offender might also be liable to  a fine of from VND 5,000,000 to VND 
20,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  273 
 
Article 341. Fabricating an organization's seal or documents and use 
thereof  
1. Any person who fabricates an organization' s seal or document or use it to 
commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 
100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 
months' imprisonment:  
2. This offence committed in any of the follo wing circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence involves 02 - 05 fabricated seals or documents;  
d) The fabricated seal or document is used to commit a criminal offence;  
dd) The illegal profit earned is from VND 10,000,000 to under VND 
50,000,000;  
e) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imp risonment:  
a) The offence involves ≥ 6 fabricated seals or documents;  
b) The fabricated seal or document is used to commit a very serious crime or 
extremely serious crime;  
c) The illegal profit earned is ≥ VND 50,000,000  
4. The offender might also be liabl e to a fine of from VND 5,000,000 to VND 
50,000,000.  
Article 342. Appropriation, trading, destruction of an organization's seal or 
document  
1. Any person who appropriates, sells, buys or illegally destroys an 
organization's seal or document which is not a classified information or work 
secret shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or 
face a penalty of up to 02 years' community sentence or 03 - 24 months' 
imprisonment.  
2. This offence committed in any of the following circumstances  carries a 
penalty of 02 - 05 years' imprisonment:  274 
 
a) The offence is committed by an organized group;  
b) The illegal profit earned is ≥ VND 10,000,000;  
c) The offence is meant to commit an illegal act;  
d) Dangerous recidivism.  
3. The offender might also be  liable to a fine of from VND 5,000,000 to VND 
20,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 343. Offences against regulations of law on housing management  
1. Any person who illegally occupies a r esidence or builds a house despite the 
fact that he/she has incurred an administrative penalty for the same offence or 
has an unspent conviction for the same offence shall face a penalty of up to 02 
years' community sentence or 03 - 24 months' imprisonment . 
The house or work illegally built might be demolished, requisitioned or 
confiscated.  
2. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000.  
Article 344. Offences against regulations of law on publishing  
1. Any person who  violates regulations of law on publishing in any of the 
following circumstances shall receive a warning, be liable to a fine of from 
VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years' 
community sentence or 03 - 24 months' imprisonment:  
a) The offender fails to comply with regulations on editing and approving drafts 
but still allows the publishing of the work despite the fact that he/she has 
incurred an administrative penalty for the same offence;  
b) The offender has 2,000 copies of each  work printed without certification of 
publishing registration, publishing decision or license for non -commercial 
publishing; without an approved draft bearing the editor's signature as prescribed 
by law;  
c) The offender permits the publishing or printing of a work which has been 
suspended from publishing, recalled, confiscated, banned, destroyed or illegally 
imported with ≥ 500 copies;  
d) The offender posts on electronic media a work which is banned or without 
certification of publishing registration, publ ishing decision or license for 275 
 
publishing of non -business documents; without an approved draft bearing the 
editor's signature as prescribed by law;  
dd) The quantity of copies is below the levels specified in Point b or Point c of 
this Clause but the offend er has incurred an administrative penalty for any of the 
offences specified in therein or has an unspent conviction for the same offence ;  
e) The offender has a work published without submitting its deposit despite the 
fact that he/she has incurred an admi nistrative penalty for the same offence.  
2. This offence committed in any of the following circumstances, except in the 
circumstances specified in Article 117 hereof, shall face a penalty of 02 - 05 
years' imprisonment:  
a) The offence is committed by an or ganized group;  
b) The offender falsifies the approved draft or draft of a non -commercial 
document bearing the seal of the issuer of the license for publishing in order to 
publish banned contents according to the law on publishing;  
c) Publishing works havin g banned contents according to the Law on 
Publishing.  
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 
100,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Article 345. Offences again st regulations on protection and use of historic - 
cultural sites or famous landscapes that lead to serious consequences  
1. Any person who violates regulations of law on protection and use of historic - 
cultural sites or famous landscapes and cause damage assessed at from VND 
100,000,000 to under VND 500,000,000 to the site or landscape; destroys or 
change the contributing factors of the site or landscape classified as provincial 
heritage or does it while having incurred an administrative penalty for the sa me 
offence or having an unspent conviction for the same offence shall receive a 
warning, be liable to a fine of from VND 10,000,000 to VND 100,000,000 or 
face a penalty of up to 03 years' community sentence or 06 - 36 months' 
imprisonment.  
2. If the damage  inflicted is assessed at ≥ VND 500,000,000 or the site or 
landscape is classified as national heritage or special national heritage, the 
offender shall face 03 - 07 years' imprisonment.  
Article 346. Offences against regulations of law on bordering area  276 
 
1. Any person who commits violations against regulations on residence, travel 
or regulations on bordering areas despite the fact that he/she has incurred an 
administrative penalty for the same offence or has an unspent conviction for the 
same offence shall be liable to a fine of from VND 10,000,000 to VND 
100,000,000 or face a penalty of 06 - 36 months' imprisonment.  
2. In case of recidivism or the offence has a negative impact on social safety, 
order security of the bordering area, the offender shall face a  penalty of 02 - 07 
years' imprisonment.  
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from residence for 01 - 05 years.  
Article 347. Offences against regulations of law on immigration; illegal stay 
in Vietnam  
Any person who illegally enters, exits Vietnam or stays in Vietnam despite the 
fact that he/she has incurred an administrative penalty for the same offence shall 
be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty 
of 06 - 36 months' imprisonment.  
Article 348. Brokering illegal entry, exit or stay in Vietnam  
1. Any person who, for self -seeking purposes, brokers the illegal entry, exit or 
stay in Vietnam of another person shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offender abuses his/her position or power to commit the offence;  
b) The offence has been committed more than once;  
c) The offence invo lves 05 - 10 people;  
d) The offence is committed in a professional manner;  
dd) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
e) Dangerous recidivism.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves ≥ 11 people;  277 
 
b) The illegal profit earned is ≥ VND 500,000,000;  
c) The offence results in the death of a person.  
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 349. Organizing, brokering illegal emigration  
1. Any person who organizes or brokers illegal emigration of another person, 
except for the case in Article 1 20 hereof, shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offender abuses his/her position or power to commit the offence;  
b) Th e offence has been committed more than once;  
c) The offence involves 05 - 10 people;  
d) The offence is committed in a professional manner;  
dd) The illegal profit earned is from VND 100,000,000 to under VND 
500,000,000;  
e) Dangerous recidivism.  
3. This offe nce committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves ≥ 11 people;  
b) The illegal profit earned is ≥ VND 500,000,000;  
c) The offence results in the death of a person.  
4. The offender m ight also be liable to a fine of from VND 10,000,000 to VND 
50,000,000 or prohibited from holding certain positions or doing certain jobs for 
01 - 05 years.  
Article 350. Forcing another person to illegally emigrate  
1. Any person who forces another person t o illegally emigrate, except for the 
case in Article 120 hereof, shall face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  278 
 
a) The offence has been  committed more than once;  
b) The offence involves 05 - 10 people;  
c) The offence is committed in a professional manner;  
d) The offender is committed by despicable motives;  
dd) Dangerous recidivism.  
3. This offence committed in any of the following circums tances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offence involves ≥ 11 people;  
b) The offence results in the death a person.  
Article 351. Desecration of national flag, national emblem, national anthem  
Any person who deliberately desecrates t he national flag, national emblem, 
national anthem shall receive a warning or face a penalty of up to 03 years' 
community sentence or 06 - 36 months' imprisonment.  
Chapter XXIII  
OFFENCES RELATED TO ABUSE OF POWER  
Article 352. Concept  
1. Abuse of power mean s acts of infringement upon rightful activities of an 
agency or organization committed by an officer -holder in performance of his/her 
official duties.  
2. An office -holder means a person who is given certain duties and power 
through appointment, election, c ontract conclusion or another method. An 
office -holder might or might not receive salaries.  
Section 1. CORRUPTION -RELATED CRIMES  
Article 353. Embezzlement  
1. Any person who abuses his/her position or power to embezzle property under 
his/her management asse ssed at from VND 2,000,000 to under VND 
100,000,000 or under VND 2,000,000 in any of the following circumstances 
shall face a penalty of 02 - 07 years' imprisonment:  
a) The offender was disciplined for the same offence;  
b) The offender has an unspent convi ction for any of the offences specified in 
Section 1 of this Chapter .  279 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence invol ves deceitful or dangerous methods;  
c) The offence has been committed more than once;  
d) The property appropriated is assessed at from VND 100,000,000 to under 
VND 500,000,000;  
dd) The money or property embezzled was meant for poverty reduction, 
provision of benefits for wartime contributors, contribution to reserve funds, 
provision of emergency aid for people in areas suffering from a natural disaster 
or epidemic or extremely disadvantaged areas;  
e) The property damage caused by the offence is assessed at from VND 
1,000,000,000 to under VND 3,000,000,000;  
g) The offence has a negative impact on life of officials, public employees and 
workers of an agency or organization.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15  - 20 years' imprisonment:  
a) The property embezzled is assessed at from VND 500,000,000 to under VND 
1,000,000,000;  
b) The property damage caused by the offence is assessed at from VND 
3,000,000,000 to under VND 5,000,000,000;  
c) The offence has a negativ e impact on social security, order or safety;  
d) The offence result in bankruptcy or shutdown of another enterprise or 
organization.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment, life imprisonm ent or death:  
a) The property embezzled is assessed at ≥ VND 1,000,000,000;  
b) The property damage caused by the offence is assessed at ≥ VND 
5,000,000,000.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 0 1 - 05 years, liable to a fine of from VND 30,000,000 to VND 
100,000,000 or have part or all of his/her property confiscated.  280 
 
6. Officer -holders in enterprises and organizations other than state organizations 
who take bribes shall be dealt with in accordan ce with this Article.  
Article 354. Taking bribes  
1. Any person who abuses his/her power to directly or through an intermediary 
receive or promise to receive any of the following benefits for himself/herself or 
for another person or organization as a condit ion to act or not to act in the 
interests of or at the request of the bribe giver shall face a penalty of 02 - 07 
years' imprisonment:  
a) Money, property or other tangible benefit assessed at from VND 2,000,000 to 
under VND 100,000,000 or under VND 2,000,0 00 but the bribe recipient has 
incurred a disciplinary penalty for the same offence or has an unspent conviction 
for any of the offences specified in Section 1 of this Chapter ;  
b) Intangible benefits.  
2. This offence committed in any of the following circ umstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses his/her position or power to commit the offence;  
c) The bribe is money, property or other tangible benefits assessed at fr om VND 
100,000,000 to under VND 500,000,000;  
d) The property damage caused by the offence is assessed at from VND 
1,000,000,000 to under VND 3,000,000,000;  
dd) The offence has been committed more than once;  
e) The offender knows that the bribe is state pro perty;  
g) The offender solicits bribes or employ a deceitful method to take bribes.  
3. This offence committed in any of the following circumstances carries a 
penalty of 15 - 20 years' imprisonment:  
a) The bribe is money, property or other tangible benefits  assessed at from VND 
500,000,000 to under VND 1,000,000,000;  
b) The property damage caused by the offence is assessed at from VND 
3,000,000,000 to under VND 5,000,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty o f 20 years' imprisonment, life imprisonment or death:  281 
 
a) The bribe is money, property or other tangible benefits assessed at ≥ VND 
1,000,000,000;  
b) The property damage caused by the offence is assessed at ≥ VND 
5,000,000,000.  
5. The offender might also be  prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 
100,000,000 or have part or all of his/her property confiscated.  
6. Officer -holders in enterprises and organizations other th an state organizations 
who take bribes shall be dealt with in accordance with this Article.  
Article 355. Abuse of power or position for appropriation of property  
1. Any person who abuses his/her position or power to appropriate another 
person's property a ssessed at from VND 2,000,000 to under VND 100,000,000 
or under VND 2,000,000 in any of the following circumstances shall face a 
penalty of 01 - 06 years' imprisonment:  
a) The offender has incurred a disciplinary penalty for the same offence;  
b) The offen der has an unspent conviction for any of the offences specified in 
Section 1 of this Chapter .  
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 13 years' imprisonment:  
a) The offence is committed by an organized gro up; 
b) The offence involves deceitful or dangerous methods;  
c) The offence has been committed more than once;  
d) The property appropriated is assessed at from VND 100,000,000 to under 
VND 500,000,000;  
dd) The property damage caused by the offence is assess ed at from VND 
1,000,000,000 to under VND 3,000,000,000;  
e) The money or property appropriated was meant for poverty reduction, 
provision of benefits for wartime contributors, contribution to reserve funds, 
provision of emergency aid for people in areas su ffering from a natural disaster 
or epidemic or extremely disadvantaged areas.  
3. This offence committed in any of the following circumstances carries a 
penalty of 13 - 20 years' imprisonment:  282 
 
a) The property embezzled is assessed at from VND 500,000,000 to  under VND 
1,000,000,000;  
b) The property damage caused by the offence is assessed at from VND 
3,000,000,000 to under VND 5,000,000,000;  
c) The offence result in bankruptcy or shutdown of another enterprise or 
organization;  
d) The offence has a negative im pact on social security, order or safety.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment or life imprisonment:  
a) The property embezzled is assessed at ≥ VND 1,000,000,000;  
b) The property damage  caused by the offence is assessed at ≥ VND 
5,000,000,000.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 
100,000,000 or have part or all of hi s/her property confiscated.  
Article 356. Abuse of power or position in performance of official duties   
1. Any person who, for personal gain or other self -seeking purposes, abuses 
his/her power or position in performance of official duties to act against hi s/her 
official duties and as a result causes property damage assessed at from VND 
10,000,000 to under VND 200,000,000 or otherwise infringes upon state 
interests, lawful rights and interests of another organization or individual shall 
face a penalty of up to 03 years' community sentence or 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been com mitted more than once;  
c) The property damage caused by the offence is assessed at from VND 
200,000,000 to under VND 1,000,000,000.  
3. If The property damage caused by the offence is assessed at ≥ VND 
1,000,000,000, the offender shall face a penalty of 10 - 15 years' imprisonment.  283 
 
4. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 
100,000,000.  
Article 357. Acting beyond authority in performance of of ficial duties   
1. Any person who, for personal gain or other self -seeking purposes, acts against 
his/her official duties beyond his/her authority and as a result causes property 
damage assessed at from VND 10,000,000 to under VND 100,000,000 or 
otherwise i nfringes upon state interests, lawful rights and interests of another 
organization or individual shall face a penalty of 01 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' impris onment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. If The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000, the offender shall face a penalty of 
10 - 15 years' imprisonment.  
4. If The property damage caused by the offence is assessed at ≥ VND 
1,500,000,000, the offender shall face a penalty of 15 - 20 years' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 
100,000,000.  
Article 358. Abuse of power or position to influenc e another person for 
personal gain  
1. Any person who abuses his/her position or power to directly or through an 
intermediary request, receive or promise to receive any of the following benefits 
in order to influence an office -holder to perform or not to pe rform certain duties 
or tasks or to commit a prohibited act shall face a penalty of 01 - 06 years' 
imprisonment:  
a) Money, property or other tangible benefits assessed at from VND 2,000,000 
to under VND 100,000,000 or under VND 2,000,000 but the offender w as 
disciplined for the same offence;  284 
 
b) Intangible benefits.  
2. This offence committed in any of the following circumstances carries a 
penalty of 06 - 13 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been commit ted more than once;  
c) The money, property or other tangible benefits are assessed at from VND 
100,000,000 to under VND 500,000,000;  
d) The property damage caused by the offence is assessed at from VND 
1,000,000,000 to under VND 3,000,000,000.  
3. This offe nce committed in any of the following circumstances carries a 
penalty of 13 - 20 years' imprisonment:  
a) The money, property or other tangible benefits are assessed at from VND 
500,000,000 to under VND 1,000,000,000;  
b) The property damage caused by the of fence is assessed at from VND 
3,000,000,000 to under VND 5,000,000,000.  
4. This offence committed in any of the following circumstances carries a 
penalty of 20 years' imprisonment or life imprisonment:  
a) The money, property or other tangible benefits are assessed at ≥ VND 
1,000,000,000;  
b) The property damage caused by the offence is assessed at ≥ VND 
5,000,000,000.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years, liable to a fine of from VND 30,000,000 to VND 
100,000,000.  
Article 359. Commission of fraud in performance of duties  
1. Any person who, for personal gain or other self -seeking purposes, abuses 
his/her position or power to commit any of the following acts shall face a 
penalty of 01 - 05 years' imprisonment:  
a) Falsifying a document;  
b) Fabricating a document or issuing a fabricated document;  
c) Forging an office holder's signature.  285 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' impri sonment:  
a) The offence is committed by an organized group;  
b) The offender is the person in charge of making or issuing documents;  
c) The offence involves 02 - 05 fabricated documents.  
3. This offence committed in any of the following circumstances carrie s a 
penalty of 07 - 15 years' imprisonment:  
a) The offence involves 05 - 10 fabricated documents;  
b) The offence is meant to serve the commission of a less serious crime or 
serious crime.  
4. This offence committed in any of the following circumstances carr ies a 
penalty of 12 - 20 years' imprisonment:  
a) The offence involves ≥ 11 fabricated documents;  
b) The offence is meant to serve the commission of very serious crime or 
extremely serious crime.  
5. The offender might also be liable to a fine of VND 10,000, 000 - VND 
100,000,000 or prohibited from holding certain positions or doing certain jobs 
for 01 - 05 years.  
Section 2. OTHER OFFENCES RELATED TO ABUSE OF POWER  
Article 360. Negligence that results in serious consequences  
1. Any person who negligently fails  to perform or correctly perform his/her in 
any of the following circumstances, except for the cases in Article 179, Article 
308 and Article 376 hereof, shall face a penalty of up to 03 years' community 
sentence or 06 - 60 months' imprisonment:  
a) The offe nce results in the death of 01 person or bodily harm to 01 person who 
suffers from ≥ 61% WPI;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
31% - 60% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 61% - 121%;  
d) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000.  286 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The o ffence results in the death of 02 people;  
b) The offence results in bodily harm to 02 people, each of whom suffers from 
61% WPI or more;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of 122% - 200%;  
d) The property damage  caused by the offence is assessed at from VND 
500,000,000 to under VND 1,500,000,000.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence results in the death of ≥ 03 people;  
b) The offence results in bodily harm to ≥ 03 people, each of whom suffers from 
≥ 61% WPI;  
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI 
of ≥ 201%;  
d) The property damage caused by the offence is assessed at ≥ VND 
1,500,000, 000. 
4. If this offence results in bodily harm to 01 person who suffers from 31% - 
60% WPI or bodily harm to more than one person who suffer from a total WPI 
of 31% - 60%, except for the cases in Article 179, 308 and 376 hereof, the 
offender shall face a p enalty of up to 02 year's community sentence or 03 - 24 
months' imprisonment.  
5. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 361. Deliberate revelation of work secrets; appropriation , trading, 
destruction of work secret documents  
1. Any person who deliberately discloses, appropriates, buys, sells or destroys 
work secrets, except in the circumstances specified in Article 110, 337 and 342 
hereof, shall face a penalty of up to 03 years' community sentence or 06 - 35 
months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  287 
 
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The illegal profit earned is ≥ VND 50,000,000;  
d) The property damage caused by the offence is assessed at ≥ VND 
100,000,000;  
dd) The offence has a negative impact on the operation of an agency or 
organization;  
e) The secrets are used by anot her person to commit violations of law.  
3. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 362. Involuntary revelation of work secrets; loss of work secret 
documents  
1. Any person who in voluntarily discloses work secrets or loses work secret 
documents in any of the following circumstances, except in the circumstances 
specified in Article 338 hereof, shall receive a warning or face a penalty of up to 
03 years' community sentence:  
a) The of fence has a negative impact on the operation of an agency or 
organization;  
b) The property damage caused by the offence is assessed at from VND 
100,000,000 to under VND 500,000,000;  
c) The secrets are used by another person to serve the commission of a les s 
serious crime or serious crime.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 24 months' imprisonment:  
a) The property damage caused by the offence is assessed at ≥ VND 
500,000,000;  
b) The secrets are used by a nother person to serve the commission of very 
serious crime or extremely serious crime.  
3. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 363. Abandonment of duties  288 
 
1. Any official or p ublic employee who abandons his/her duties in any of the 
following circumstances shall face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment:  
a) The offence causes ≥ 31% WPI for another person;  
b) The property damage caused by the offence is assessed at from VND 
300,000,000 to under VND 1,000,000,000;  
c) The offender has incurred a disciplinary penalty for the same offence.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imp risonment:  
a) The offence results in the death of a person;  
b) The offender persuades another person to abandon his/her duty;  
c) The property damage caused by the offence is assessed at ≥ VND 
1,000,000,000;  
d) The offence is committed in wartime, occurren ce of a natural disaster, 
epidemic or hardship of society.  
3. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 364. Giving bribes  
1. Any person who directly or through an intermediary gives or promises to giv e 
any of the following benefits to an office holder or another person or 
organization in order to influence him/her to perform or not to perform certain 
tasks in the interests of or at the request of the bribe giver shall be liable to a fine 
of from VND 20 ,000,000 to VND 200,000,000 or face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment:  
a) Money, property or other tangible benefits assessed at from VND 2,000,000 
to under VND 100,000,000;  
b) Intangible benefits.  
2. This offe nce committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence involves deceitful methods;  
c) The bribe is state property;  289 
 
d) The offender abuses his/h er position or power to commit the offence;  
dd) The offence has been committed more than once;  
e) The bribe is money, property or other tangible benefits assessed at from VND 
100,000,000 to under VND 500,000,000.  
3. If the bribe is money, property or other  tangible benefits assessed at from 
VND 500,000,000 to under VND 1,000,000,000, the offender shall face a 
penalty of 07 - 12 years' imprisonment.  
4. If the bribe is money, property or other tangible benefits assessed at ≥ VND 
1,000,000,000, the offender sh all face a penalty of 12 - 20 years' imprisonment.  
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
6. Any person who promises to bribe a foreign official, an official of a public 
international organization or an off ice holder in an enterprise or organization 
other than state organizations shall be dealt with in accordance with this Article.  
7. Any person who is forced to give bribes but voluntarily reports the bribery 
before being discovered shall be acquitted and ha ve the money or property used 
as bribe returned. Any person who is not forced to give bribes but voluntarily 
report the bribery before being discovered might be exempt from criminal 
responsibility and have all or part of the money or property used as bribe  
returned.  
Article 365. Brokering bribery  
1. Any person who brokers a bribery in any of the following circumstances shall 
be liable to a fine of from VND 20,000,000 to under VND 200,000,000 or face a 
penalty of up to 0 years' community sentence or 06 - 36 months' imprisonment:  
a) The bribe is money, property or other tangible benefits assessed at from VND 
2,000,000 to under VND 100,000,000;  
b) The bribe is intangible benefits.  
2. This offence committed in any of the following circumstances carries a 
penalty  of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence is committed in a professional manner;  
c) The offence involves deceitful methods;  290 
 
d) The offender knows that the bribe is state property;  
dd) The offender ab uses his/her position or power to commit the offence;  
e) The offence has been committed more than once;  
g) The bribe is assessed at from VND 100,000,000 to under VND 500,000,000.  
3. If the bribe is assessed at from VND 500,000,000 to under VND 
1,000,000,00 0, the offender shall face a penalty of 05 - 10 years' imprisonment.  
4. If the bribe is assessed at ≥ VND 1,000,000,000, the offender shall face a 
penalty of 08 - 15 years' imprisonment.  
5. The offender might also be liable to a fine of from VND 20,000,000  to VND 
200,000,000.  
6. The bribe broker who voluntarily reports the bribery before being discovered 
might be exempt from criminal responsibility.  
7. Any person who brokers bribery in an enterprise or organization other than 
state organizations shall be de alt with in accordance with this Article.  
Article 366. Abuse of influence over an office holder for personal gain  
1. Any person who directly or through an intermediary receives any of the 
following benefits in order to use his/her influence over an office -holder to urge 
him/her to perform or not to perform certain duties or tasks or to commit a 
prohibited act, or does it while having incurred a disciplinary penalty for the 
same offence shall face a penalty of up to 03 years' community sentence 06 - 36 
month s' imprisonment:  
a) Money, property or other tangible benefits assessed at from VND 2,000,000 
to under VND 100,000,000;  
b) Intangible benefits.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment : 
a) The offence has been committed more than once;  
b) The bribe is money, property or other tangible benefits assessed at from VND 
100,000,000 to under VND 500,000,000;  
c) Dangerous recidivism.  
3. If the bribe is money, property or other tangible benefits  assessed at ≥ VND 
500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.  291 
 
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 
50,000,000.  
Chapter XXIV  
PUBLIC JUSTICE OFFENCES  
Article 367. Concept  
Public just ice offences are acts of infringement upon the righteousness of 
proceedings and enforcement of judgments.  
Article 368. Bringing criminal prosecution against an innocent person  
1. Any competent person who brings criminal prosecution against a person in 
the knowledge that the person is innocent shall face a penalty of 01 - 05 years' 
imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The innocent person is prosecuted for infringeme nt upon national security or 
another extremely serious crime;  
b) The offence is committed against 02 - 05 people;  
c) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender or an old and weak person;  
d) The offe nce results in 11% - 45% mental and behavioral disability of the 
victim;  
dd) The offence results in a wrongful conviction of an innocent person for a less 
serious crime or serious crime;  
e) The offence has a negative impact on social security, order or saf ety.  
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence is committed against ≥ 06 people;  
b) The offence results in a wrongful conviction of an innocent person for a very 
seriou s crime or extremely serious crime;  
c) The offence results in ≥ 46% mental and behavioral disability of the victim;  
d) The offence results in the suicide of the person wrongly prosecuted.  292 
 
4. The offender might also be prohibited from holding certain positi ons for 01 - 
05 years.  
Article 369. Failure to bring criminal prosecution against a guilty person  
1. Any competent person who fails to bring criminal prosecution against a 
person in the knowledge that the person is guilty shall face a penalty of 06 - 36 
months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The person who escapes criminal prosecution committed a very serious 
crime;  
b) The offence involves 02 - 05 people who escape criminal prosecution;  
c) The person who escapes criminal prosecution has fled or obstructs the process 
of investigation, prosecution, trial or continues to commit another less serious 
crime or serious crime;  
d) The offence results in the person who  escapes criminal prosecution taking 
revenge on the person(s) who reported the crime, the victim or witness;  
dd) The offence has a negative impact on social security, order or safety.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence involves ≥ 05 people who escape criminal prosecution;  
b) The person who escapes criminal prosecution committed infringement upon 
national security or an extremely serious crime;  
c) The person who es capes criminal prosecution continues to commit another 
very serious crime or extremely serious crime;  
d) The offence results in the suicide of the victim.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 37 0. Passing an illegal judgment  
1. Any judge or jury member who passes a judgment in the knowledge that it is 
illegal shall face a penalty of 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 0 5 - 10 years' imprisonment:  293 
 
a) The offence has been committed more than once;  
b) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender or an old and weak person;  
c) The offence results in a wrongful conviction  of an innocent person for a 
serious crime or very serious crime;  
d) The offence results in omission of a serious crime or very serious crime or a 
perpetrator of a serious crime or very serious crime;  
dd) The offence result in 11% - 45% mental and behavior al disorder of the 
defendant, victim or plaintiff;  
e) The property damage caused by the offence is assessed at VND 500,000,000 - 
VND 1,000,000,000;  
g) The offence has a negative impact on social security, order or safety.  
3. This offence committed in any o f the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in a wrongful conviction of an innocent person for an 
extremely serious crime;  
b) The offence results in omission of an extremely serious crime or a perp etrator 
of an extremely serious crime;  
c) The offence result in ≥ 46% mental and behavioral disorder of the defendant, 
victim or plaintiff;  
d) The offence result in the suicide of the defendant, victim or plaintiff;  
dd) The property damage caused by the of fence is assessed at ≥ VND 
1,000,000,000.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 371. Issuing an illegal decision  
1. Any competent person who, in the course of proceedings or enforcement of 
judgme nt, issues a decision in the knowledge that it is illegal and as a result 
causes property damage assessed at from VND 50,000,000 to under VND 
200,000,000 or infringes upon lawful rights and interests of the State or another 
organization or individual, exce pt for the cases in Article 368, 369, 370, 377 and 294 
 
378 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 
months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' i mprisonment:  
a) The offence is committed by an organized group;  
b) The offence has been committed more than once;  
c) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender or an old and weak person;  
d) The offe nce result in 11% - 45% mental and behavioral disorder of the person 
who is arrested, taken into police custody, the suspect, the defendant, the 
convict, the person required to serve the judgment, the victim or the plaintiff;  
dd) The property damage caused  by the offence is assessed at from VND 
200,000,000 to under VND 1,000,000,000;  
e) The offence has a negative impact on social security, order or safety.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' im prisonment:  
a) The offence result in ≥ 46% mental and behavioral disorder of the person who 
is arrested, taken into police custody, the suspect, the defendant, the convict, the 
person required to serve the judgment, the victim or the plaintiff;  
b) The offe nce result in the suicide of the person who is arrested, taken into 
police custody, the suspect, the defendant, the convict, the person required to 
serve the judgment, the victim or the plaintiff;  
c) The property damage caused by the offence is assessed at  ≥ VND 
1,000,000,000.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 372. Forcing a judicial officer to act against the law  
1. Any person who abuses his/her position or power to force a judicial officer t o 
act against the law and as a results infringes upon the interest of the State or the 
lawful rights and interests or another organization or individual or causes 
property damage assessed at from VND 50,000,000 to under VND 200,000,000 
shall face a penalty  of 06 - 36 months' imprisonment.  295 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
b) The offence has been committed more than once;  
b) The offence results in an illegal judgment or decision ; 
c) The offence involves the use of violence, threat of violence or other 
dangerous or deceitful methods;  
d) The property damage caused by the offence is assessed at from VND 
200,000,000 to under VND 1,000,000,000;  
dd) The offence has a negative impact on  social security, order or safety.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence results in wrongful conviction of an innocent person or omission 
of a crime;  
b) The property  damage caused by the offence is assessed at ≥ VND 
1,000,000,000.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 373. Use of torture  
1. Any person who, in the course of proceedings, trial or implementatio n of 
measures including mandatory attendance at a correctional institution or 
rehabilitation center, uses torture or brutally treats or insults another person in 
any shape or form shall face a penalty of 06 - 36 months' imprisonment.  
2. This offence commit ted in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence is committed against more than one person;  
c) The offence involves deceitful methods;  
d) The offenc e is committed against a person under 18, a woman whose 
pregnancy is known by the offender, an old and weak person or a person having 
a serious physical disability or extremely serious physical disability;  
dd) The offence causes 11% - 60% WPI for another p erson.  296 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence causes ≥ 61% WPI for another person;  
b) The offence results in the suicide of the tortured person.  
4. If the offence res ults in the death of the tortured person, the offender shall 
face a penalty of 12 - 20 years' imprisonment or life imprisonment.  
5. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 374. Obtainment of testimony  by duress  
1. Any person who, in the course of proceedings, employs illegal methods to 
force an interrogated person to provide information about the case shall face a 
penalty of 06 - 36 months' imprisonment.  
2. This offence committed in any of the followin g circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence has been committed more than once;  
b) The offence is committed against more than one person;  
c) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender, an old and weak person or a person having 
a serious physical disability or extremely serious physical disability;  
d) The offender uses torture, maltreats or insults the interrogated person;  
dd) The offence involves deceitful methods;  
e) The offence results in falsification of the result of accusation, investigation, 
prosecution or trial;  
g) The interrogated person is forced to provide false statements.  
3. This offence committed in any of the following circumstances carries a 
penalty o f 07 - 12 years' imprisonment:  
a) The offence results in the suicide of the interrogated person;  
b) The offence results in omission of a less serious crime or serious crime.  
4. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life imprisonment:  
a) The offence results in the suicide of the interrogated person;  297 
 
b) The offence results in wrongful conviction of an innocent person;  
c) The offence results in omission of a very serious crime or extrem ely serious 
crime.  
5. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 375. Falsification of case files  
1. Any investigator, prosecutor, judge, jury member, court clerk or any other 
judicial officer, advocates  of litigant who falsifies, swaps, destroys or damages 
documents or evidence of the case or otherwise falsifies the content of the case 
shall face a penalty of 01 - 05 years' imprisonment.  
2. This offence committed in any of the following circumstances car ries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence results in wrong result of the case;  
c) The property damage caused by the offence is assessed at from VND 
500,000,000 to under VND 1,000,000,00 0. 
3. This offence committed in any of the following circumstances carries a 
penalty of 10 - 15 years' imprisonment:  
a) The offence results in wrongful conviction of an innocent person or omission 
of a crime;  
b) The offence result in the suicide of the per son who is arrested, taken into 
police custody, the suspect, the defendant, the convict, the person required to 
serve the judgment, the victim or the plaintiff;  
c) The property damage caused by the offence is assessed at ≥ VND 
1,000,000,000.  
4. The offende r might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 376. Negligence resulting in escape of a detainee or prisoner  
1. Any person who is responsible for guarding or escorting a detainee or 
prisoner but negligently lets him/he r escape in any of the following 
circumstances shall face a penalty of up to 03 years' community sentence or 06 - 
36 months' imprisonment:  298 
 
a) The offence results in the suspension of the case;  
b) The escapee takes revenge on the proceeding officer or parti cipant;  
c) The escapee continues to commit another less serious crime or serious crime.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence results in the termination of the case;  
b) The escapee continues to commit another very serious crime;  
c) The offence involves 02 - 05 escapees;  
d) The escapee committed a very serious crime;  
dd) The offence has a negative impact on social security, order or safety.  
3. This offence committed in  any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The escapee continues to commit another extremely serious crime;  
b) The offence involves ≥ 06 escapees;  
c) The escapee committed a extremely serious crime.  
4. The offe nder might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 377. Abuse of position or power to hold a person in detention or 
custody against the law  
1. Any person who abuses his/her position or power to commit any of the 
followi ng acts shall face a penalty of 06 - 36 months' imprisonment:  
a) Failure to issue a decision to release a person who is released as prescribed by 
law; 
b) Issuing a decision to arrest or hold a person in detention or custody without 
any basis as prescribed by law;  
c) Failure to implement the decision to release a person who is released as 
prescribed by law;  
d) Arresting, holding a person in detention or custody without an order or 
decision as prescribed by law or without an effective one;  
dd) Failure to issu e an order or decision to extend the period of detention or 
custody; changing, cancelling the temporary detention method at the end of the 299 
 
temporary detention period causing the detainee to be held in detention behind 
schedule.  
2. This offence committed in  any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence involves 02 - 05 people held in detention or custody against the 
law; 
b) The offence result in 31% - 60% WPI of the person held in detention or 
custody aga inst the law;  
c) The offence results in extreme hardship of the detainee or his/her family;  
d) The offence is committed against a person under 18, a woman whose 
pregnancy is known by the offender, an old and weak person or a person having 
a serious physica l disability or extremely serious physical disability.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence involves ≥ 06 people held in detention or custody against the law;  
b) Th e offence result in ≥ 61% WPI or death of the person held in detention or 
custody against the law;  
c) The offence results in the suicide of the detainee;  
d) The offence results in separation of the detainee's family.  
4. The offender might also be prohibite d from holding certain positions for 01 - 
05 years.  
Article 378. Illegally releasing a person under arrest, a person held in 
temporary detention or a prisoner  
1. Any person who abuses his/her position or power to illegally release a person 
under arrest, a person held in temporary detention or a prisoner shall face a 
penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment;  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) Illegally releasing a person under arrest, a person held in temporary detention 
or a prisoner who committed a very serious crime or extremely serious crime;  300 
 
b) The illegally released person escapes or obstructs the process of investigation, 
prosecution, trial or continues to commit another less serious crime or serious 
crime;  
c) The illegally released person takes revenge on the proceeding officer or 
participant;  
dd) The offence involves 02 - 05 people illegally released.  
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The offence involves ≥ 06 people illegally released;  
b) The illegally released person committed a very serious crime or extremely 
serious crime.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 379. Failure to execute a judgment  
1. Any competent person who deliberately omits to issue a decision to execute a 
judgment or fails to execute a judgment or decision of a court in any  of the 
following circumstances shall face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment:  
a) The offender has incurred a disciplinary penalty for the same offence;  
b) The offence results in the escape of the convict;  
c) The time limit for judgment execution expires;  
d) The offence gives an opportunity for the convict to liquidate or hide his/her 
property and thus fails to implement the judgment with an amount of from VND 
50,000,000 to under VND 200,000,000.  
2. This offen ce committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence has been committed more than once;  
b) The convict continues to commit another less serious crime or serious crime;  
c) The offence gives an o pportunity for the convict to liquidate or hide his/her 
property and thus fails to implement the judgment with an amount of from VND 
200,000,000 to under VND 1,000,000,000.  301 
 
3. This offence committed in any of the following circumstances carries a 
penalty o f 05 - 10 years' imprisonment:  
a) The convict continues to commit another very serious crime or extremely 
serious crime;  
b) The offence gives an opportunity for the convict to liquidate or hide his/her 
property and thus fails to implement the judgment with  an amount of ≥ VND 
1,000,000,000.  
4. The offender might also be prohibited from holding certain positions for 01 - 
05 years.  
Article 380. Failure to serve a judgment  
1. If a person who is capable of but fails to serve a judgment or decision of the 
court w hich has taken effect despite the fact that enforcement measures have 
been taken as prescribed by law or an administrative penalty for the same 
offence was imposed, such person shall face a penalty of 03 - 24 months' 
imprisonment.  
2. This offence committe d in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offender resists the bailiff or a law enforcement officer;  
b) The offence involves deceitful methods;  
c) The offender liquidates or hides his/her property.  
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 
50,000,000.  
Article 381. Obstruction of judgment execution  
1. Any person who abuses his/her position or power to obstruct the execution of 
a judgment in any of the following circumsta nces shall face a penalty of up to 03 
years' community sentence or 06 - 36 months' imprisonment:  
a) The offence results in the escape of the convict;  
b) The time limit for judgment execution expires;  
c) The offence gives an opportunity for the convict to  liquidate or hide his/her 
property and thus fails to implement the judgment with an amount of from VND 
50,000,000 to under VND 200,000,000;  302 
 
d) The property damage caused by the offence is assessed at from VND 
50,000,000 to under VND 200,000,000.  
2. This o ffence committed in any of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offence has been committed more than once;  
b) The convict continues to commit another crime;  
c) The offence gives an opportunity for the convict  to liquidate or hide his/her 
property and thus fails to implement the judgment with an amount of ≥ VND 
200,000,000;  
d) The property damage caused by the offence is assessed at ≥ VND 
200,000,000.  
3. The offender might also be prohibited from holding certai n positions for 01 - 
05 years.  
Article 382. Providing false documents or giving false statements  
1. A witness, expert, valuator, translator, interpreter, advocate who gives a false 
conclusion, makes a false translation or provides documents in the knowledg e 
that they are untruthful shall receive a warning or face a penalty of up to 01 
year's community sentence or 03 - 12 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offence results in misjudgment of the case.  
3. This offence committed in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence has been committed more tha n once;  
b) The offence results in wrongful conviction of an innocent person or omission 
of a crime.  
4. The offender might also be prohibited from holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 383. Refusal to give testimony, exp ert's conclusion, valuator's 
conclusion or refusal to provide documents  303 
 
1. A witness other than those specified in Clause 2 Article 19 hereof, an expert, 
valuator, translator or interpreter who refuses to or avoid giving expert's 
conclusion or valuator's c onclusion or refuses to provide documents without 
acceptable reasons shall receive a warning or face a penalty of up to 01 year's 
community sentence or 03 - 12 months' imprisonment.  
2. The offender might also be prohibited from holding certain positions or  doing 
certain jobs for 01 - 05 years.  
Article 384. Bribing or forcing another person to give testimony or provide 
documents  
1. Any person who bribes or forces the witness, victim, litigant in a criminal, 
administrative or civil case to give false testimon y or provide untruthful 
documents or not to give testimony or provide documents; bribes or forces the 
expert or valuator to give a false conclusion or the translator or interpreter to 
make incorrect translation shall face a penalty of up to 03 years' commu nity 
sentence or 03 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence involves the use of violence, threat of violence or other 
dangerous methods;  
b) The offender abuses his/her position or power to commit the offence;  
c) The offence results in misjudgment of the case.  
Article 385. Offenses against regulations on sealing, distraining property, 
freezing accounts  
1. Any person who is responsible for manag ement of distrained property, sealed 
property, sealed exhibits or frozen accounts but commits any of the following 
acts shall face a penalty of up to 02 years' community sentence or 03 - 24 
months' imprisonment:  
a) Breaking the seal or unfreezing the acco unt without a decision of a competent 
person;  
b) Using, transferring, swapping, hiding or destroying distrained property.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence resul ts in misjudgment of the case;  304 
 
b) The offence results in the failure of the suspect, the convict or the person 
responsible for executing the judgment to execute the judgment with an amount 
of ≥ VND 100,000,000.  
3. The offender might also be prohibited from  holding certain positions or doing 
certain jobs for 01 - 05 years.  
Article 386. Escape from detention facility or during escort or trial  
1. Any person who escapes while being kept in detention, escorted, tried or 
serving an imprisonment shall face a penal ty of 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender uses violence against the guards of esc orters.  
Article 387. Swapping a person under arrest, a person held in temporary 
detention or a prisoner  
1. Any person who swaps a person under arrest, a person held in temporary 
detention or a prisoner, except in the circumstances specified in Article 119 
hereof, shall face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses his/her  position or power to commit the offence;  
c) The offender uses violence against the guards of escorters;  
d) The person swap committed a criminal offence against national security or is 
sentenced to death.  
3. The offender might also be prohibited from holdi ng certain positions for 01 - 
05 years.  
Article 388. Violations against regulations on detention  
1. A person who commits any of the following violations against regulations of 
law on detention despite the fact that he/she has incurred a disciplinary or 
administrative penalty for the same offence or has an unspent conviction for the 
same offence , except for the cases in Article 119, 170, 252, 253, 254 and 255 
hereof, shall face a penalty of 06 - 36 months' imprisonment:  305 
 
a) Causing disruption or defying orde rs of the competent person in detention 
management;  
b) Destroying or deliberately damaging property;  
c) Extortion of property;  
d) Bringing in, possessing, appropriating or organizing the use of narcotic 
substances, narcotic drugs or psychotropic drugs;  
dd) Bringing in, possessing or using personal communications devices.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed by an organized group;  
b) The offender abuses h is/her position or power to commit the offence;  
c) The offence involves deceitful methods;  
d) Dangerous recidivism.  
3. The offender might also be prohibited residence for 01 - 03 years, prohibited 
from holding certain positions for 01 - 03 years.  
Article 3 89. Concealment of crimes  
1. Any person who, without prior promises, conceals any of the following 
crimes, except for the cases in Clause 2 Article 18 hereof, shall face a penalty of 
up to 03 years' community sentence or 06 - 60 months' imprisonment:  
a) Th e crimes against national security specified in Article 108 through 121;  
b) Article 123 (Murder); Article 141, Clause 2 through 4 (Rape); Article 142 
(Rape of a person under 16); Article 144 (Forcible sexual intercourse with a 
person aged from 13 to under 16) Article 146, Clause 2 and 3 (Obscenity 
towards a person under 16); Article 150, Clause 2 and 3 (Human trafficking);  
c) Article 151 (Trafficking of a person under 16); Article 152 (Swapping a 
person under 01 year of age); Article 153 (Abduction of a per son under 16); 
Article 154 (Trading, appropriation of human tissues or body parts);  
d) Article 168 (Robbery); Article 169 (Kidnapping for ransom); Article 174, 
Clause 2 through 4 (Theft of property); Article 174, Clause 2 through 4 
(Obtaining property by f raud); Article 175, Clause 2 through 4 (Abuse of trust to 
appropriate property); Article 178, Clause 2 through 4 (Deliberate destruction of 
property);  306 
 
dd) Article 188, Clause 3 and 4 (Smuggling); Article 189, Clause 3 (Illegal 
transport of goods or money a cross the border); Article 190, Clause 2 and 3 
(Manufacturing and trading of banned goods); Article 191, Clause 2 and 3 
(Possession, transport of banned goods); Article 192, Clause 2 and 3 (producing 
and trading counterfeit goods); Article 193 (Manufacturi ng and trading of 
counterfeit food or food additives); Article 194 (Manufacturing and trading of 
counterfeit medicines for treatment or prevention of diseases); Article 195, 
Clause 2 and 3 (Manufacturing and trading of counterfeit animal feeds, 
fertilizers , veterinary medicines, pesticides, plant varieties, animal breeds); 
Article 196, Clause 2 and 3 (Hoarding); Article 205, Clause 3 and 4 
(Establishing illegal funds); Article 206, Clause 2 and 3 (Violations against 
regulations on operation of credit instit utions and branches of foreign banks); 
Article 207 (Production, possession, transport of counterfeit money); Article 208 
(Production, possession, transport, circulation of counterfeit negotiable 
instruments or other valuable papers); Article 219, Clause 2 and Clause 3 
(Offences against regulations on the management and use of State -owned 
property that lead to losses or wastefulness); Article 220, Clause 2 and 3 
(Offences against regulations on the management and use public capital that 
lead to serious conse quences); Article 221, Clause 2 and 3 (Offences against 
regulations of law on accounting that lead to serious consequences); Article 222, 
Clause 2 and 3 (Offences against regulations of law on bidding that lead to 
serious consequences); Article 223, Clause  2 and 3 (Collusion with taxpayer that 
lead to serious consequences); Article 224, Clause 2 and 3 (Offences against 
regulations of law on investment in construction that lead to serious 
consequences); Article 243, Clause 2 and 3 (Forest destruction);  
e) Ar ticle 248 (Illegal manufacturing of narcotic substances); Article 249 (Illegal 
possession of narcotic substances(; Article 250 (Illegal transport of narcotic 
substances); Article 251 (Illegal trading of narcotic substances); Article 252 
(Appropriation of n arcotic substances); Article 253. (Possession, transport, 
trading or appropriation of precursors for illegal manufacturing of narcotic 
substances); Article 254, Clause 2 (Manufacturing, possession, transport, trading 
of instruments and equipment serving il legal manufacturing or use of narcotic 
substances); Article 255 (Illegal organization of use of narcotic substances); 
Article 256 (Concealment of illegal use of narcotic substances); Article 257 
(Forcing others to use narcotic substances); Article 258. (Pe rsuading or inciting 
others to use narcotic substances); Article 259, Clause 2 (Offences against 307 
 
regulations on management, use of narcotic substances, precursors, narcotic 
drugs and psychotropic drugs);  
g) Article 265, Clause 2 through 4 (Organizing illeg al street races); Article 282 
(Hijacking of an airplane or ship); Article 304 (Illegal manufacture, possession, 
transport, use or appropriation of military weapons or devices); Article 299 
(Terrorism); Article 301 (Taking hostages); Article 302 (Piracy); A rticle 303 
(Destruction of work, facility, equipment important for national security); 
Article 304 (Illegal manufacture, possession, transport, use or appropriation of 
military weapons or devices); Article 305, Clause 2 through 4 (Illegal 
manufacture, poss ession, transport, use, trading or appropriation of explosive 
materials); Article 309, Clause 2 through 4 (Illegal manufacture, possession, 
transport, use, spreading, trading or appropriation of radioactive substances or 
nuclear materials); Article 311, Cl ause 2 through 4 (Illegal manufacture, 
possession, transport, use or trading of flammable or toxic substances);  
h) Article 329, Clause 2 and 3 (Procuring a minor for prostitution);  
i) Article 353, Clause 2 through 4 (Embezzlement); Article 354, Clause 2 
through 4 (Taking bribes); Article 355, Clause 2 through 4 (Abuse of power or 
position for appropriation of property); Article 356, Clause 2 and 3 (Abuse of 
power or position in performance of official duties); Article 357, Clause 2 and 3 
(Acting beyond auth ority in performance of duties); Article 358, Clause 2 
through 4 (Abuse of power or position to influence another person for personal 
gain); Article 359, Clause 2 through 4 (Commission of fraud in performance of 
duties); Article 364, Clause 2 through 4 (Gi ving bribes); Article 365, Clause 2 
through 4 (Brokering bribery);  
k) Article 373, Clause 3 and 4 (Use of torture); Article 374, Clause 3 and 4 
(Obtainment of testimony by force); Article 386, Clause 2 (Escape from 
detention facility or during escort or tr ial); 
l) Disruption of peace, crimes against humanity and war crimes specified in 
Article 421 through 425.  
2. If the offence involves the offender's abuse of power or other acts of 
protecting the criminal, the offender shall face a penalty of 02 - 07 years ' 
imprisonment.  
Article 390. Misprision  
1. Any person who knows about the preparation or commission of any of the 
crimes specified in Article 389 hereof but fails to report it, except for the cases 308 
 
in Clause 2 Article 19 hereof, shall face a penalty of up to 03 years' community 
sentence or 06 - 36 months' imprisonment.  
2. The person who fails to report the crime but does try to stop the criminal or 
reduce the consequences of the crime might be exempt from criminal 
responsibility or punishment.  
Article 391. Disruption in court  
1. Any person who insults jury members or other people present at the court or 
damages property shall be liable to a fine of from VND 10,000,000 to VND 
100,000,000, face a penalty of up to 01 year's community sentence or 03 - 12 
months ' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 03 years' imprisonment:  
a) The court session has to be suspended;  
b) A member of the trial panel is attacked.  
Chapter XXV  
INFRINGEMENTS UPON DUTIES AN D RESPONSIBILITIES OF 
SERVICEMEN AND COOPERATORS WITH THE ARMY IN 
WARTIME  
Article 392. People having criminal responsibility for infringement upon 
duties and responsibilities of servicemen  
1. Servicemen, military workers and employees.  
2. Reserve serviceme n during training period.  
3. Militia members in cooperation with the army in wartime.  
4. Citizens recruited to the army.  
Article 393. Giving orders against the law  
1. Any person who abuses his/her position to give order against the law and as a 
result caus es serious consequences shall face a penalty of up to 03 years' 
community sentence or 06 - 60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committe d in battle;  309 
 
b) The offence is committed in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) The offence results in very serious consequences.  
3. If the offence results in extremely serio us consequences or in other extremely 
serious cases, the offender shall face a penalty of 07 - 15 years' imprisonment.  
Article 394. Insubordination  
1. Any person who defies or deliberately fails to follow an order given by a 
competent person shall face a p enalty of 06 - 60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offender drags another person into comm itting the offence;  
c) The offence involves the use of violence;  
d) The offence results in very serious consequences.  
3. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offence is commi tted in battle;  
b) The offence is committed in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) The offence results in very serious consequences.  
4. If the offence results in extremely se rious consequences, the offender shall 
face a penalty of 12 - 20 years' imprisonment or life imprisonment.  
Article 395. Failure to strictly follow orders  
1. Any person who follows an order given by a competent person in an 
inattentive, tardy or arbitrary m anner and as a result causes serious 
consequences shall face a penalty of up to 03 years' community sentence or 06 - 
36 months' imprisonment.  310 
 
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) The offence results in very serious consequences or extremely seriou s 
consequences.  
Article 396. Obstruction of companions from carrying out their duties  
1. Any person who obstructs a companion from carrying out his/her mission and 
causes him/her to fail to accomplish or fully accomplish the mission shall face a 
penalty of  up to 03 years' community sentence or 03 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offender d rags another person into committing the offence;  
c) The offence involves the use of violence;  
d) The offence results in serious consequences or very serious consequences.  
3. This offence committed in any of the following circumstances carries a 
penalty of  05 - 10 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) The offence results in extremely serio us consequences.  
Article 397. Insulting companions  
1. Any person who seriously insult his/her companion in their working 
relationship shall face a penalty of up to 02 years' community sentence or 03 - 
24 months' imprisonment.  311 
 
2. This offence committed in a ny of the following circumstances carries a 
penalty of 02 - 05 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence is committed against a commander or superior officer;  
c) The offence is committed because of the vict im's official duties;  
dd) The offence is committed in a warzone;  
dd) The offence has been committed more than once;  
e) The offence is committed against more than one person;  
g) The offence results in ≥ 46% mental and behavioral disability of the victim;  
h) The offence result in the suicide of the victim.  
Article 398. Assaulting companions  
1. Any person who deliberately inflicts bodily harm to his/her companion in 
working relationship, except for the cases in Article 135 hereof, shall face a 
penalty of up to  03 years' community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence is commi tted against a commander or superior officer;  
c) The offence is committed because of the insulted person's official duties;  
dd) The offence is committed in a warzone;  
dd) The offence results in serious consequences, very serious consequences or 
extremely s erious consequences.  
Article 399. Surrendering to enemy  
1. Any person who surrenders himself/herself to the enemy shall face a penalty 
of 03 - 10 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 15 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offender surrender a weapon or military equipment to the enemy;  312 
 
c) The offender provides important documents or discloses military secrets to 
the enemy;  
d) The offender  drags another person into committing the offence;  
dd) The offence results in serious consequences or very serious consequences.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment or life impris onment:  
a) The offender provides or classified documents or items or discloses classified 
information to the enemy;  
b) The offence results in extremely serious consequences.  
Article 400. Providing information or voluntarily working for the enemy as 
a priso ner of war  
1. Any person who provides secret military information or voluntarily works for 
the enemy while being captured as a prisoner of war shall face a penalty of 01 - 
07 years' imprisonment.  
2. This offence committed in any of the following circumstan ces carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offender treats other prisoners cruelly;  
c) The offender persuades another person to commit this offence;  
d) The offence results in serious  consequences or very serious consequences.  
3. This offence committed in any of the following circumstances carries a 
penalty of 12 - 20 years' imprisonment:  
a) The offender provides or classified documents or items or discloses classified 
information to t he enemy;  
b) The offence results in extremely serious consequences.  
Article 401. Abandonment of combat position or failure to discharge duties 
in battle  
1. Any person who abandons his/her combat position or fails to discharge 
his/her duties in battle shall  face a penalty of 02 - 07 years' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 05 - 12 years' imprisonment:  313 
 
a) The offender is a commander or commissioned officer;  
b) The offender abandons military equi pment or military secret documents;  
c) The offender drags another person into committing the offence;  
d) The offence results in serious consequences or very serious consequences.  
3. If the offence results in extremely serious consequences, the offender sha ll 
face a penalty of 10 - 20 years' imprisonment.  
Article 402. Desertion  
1. Any person who leaves the unit to evade military service whether in wartime 
or while having incurred a disciplinary penalty for the same offence or causing 
serious consequences sha ll face a penalty of up to 03 years' community sentence 
or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender is a commander or commissioned office r; 
b) The offender drags another person into committing the offence;  
c) The offender carries, abandons military weapons or equipment or secret 
documents;  
d) The offence results in very serious consequences.  
3. This offence committed in any of the followin g circumstances carries a 
penalty of 05 - 12 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) Th e offence results in extremely serious consequences.  
Article 403. Breaches of duty  
1. Any person who injures himself/herself or employs other deceitful methods to 
evade discharging his/her duties shall face a penalty of up to 02 years' 
community sentence o r 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  314 
 
a) The offender is a commander or commissioned officer;  
b) The offender drags another person into committing t he offence;  
c) The offence is committed in wartime;  
d) The offence is committed during a rescue mission;  
dd) The offence is committed in time of emergency;  
e) The offence results in very serious consequences.  
3. If the offence results in very serious cons equences or extremely serious 
consequences, the offender shall face a penalty of 05 - 10 years' imprisonment.  
Article 404. Deliberate disclosure of military secrets  
1. Any person who deliberately discloses military secrets, except in the 
circumstances spec ified in Article 110, 337 and 361 hereof, shall face a penalty 
of 06 - 60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender is a commander or commissioned  officer;  
b) The offence is committed in a warzone;  
c) The offence is committed in battle;  
d) The offence results in serious consequences, very serious consequences or 
extremely serious consequences.  
Article 405. Appropriation, trading or destruction of mi litary secret 
documents  
1. Any person who appropriates, buys, sells or destroys military secret 
documents, except in the circumstances specified in Article 110, 337 and 361 
hereof, shall face a penalty of 06 - 60 months' imprisonment.  
2. This offence commi tted in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence is committed in a warzone;  
c) The offence is committed in battle;  
d) The offence results in serious consequences, very serious consequences or 
extremely serious consequences.  315 
 
Article 406. Involuntary disclosure of military secrets  
1. Any person who involuntarily discloses military secrets, except in the 
circumstances specified in Article 338 and 362 hereof, shall face a penalty of up 
to 02 years' community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offender is a commander or comm issioned officer;  
b) The offence is committed in a warzone;  
c) The offence is committed in battle;  
d) The offence results in serious consequences, very serious consequences or 
extremely serious consequences.  
Article 407. Loss of military secret documents  
1. Any person who loses military secret documents, except in the circumstances 
specified in Article 338 and 362 hereof, shall face a penalty of up to 02 years' 
community sentence or 03 - 24 months' imprisonment.  
2. This offence committed in any of the follo wing circumstances carries a 
penalty of 01 - 05 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence is committed in a warzone;  
c) The offence is committed in battle;  
d) The offence results in serious consequences, ve ry serious consequences or 
extremely serious consequences.  
Article 408. Making false records  
1. Any person who deliberately makes false records on military operations and 
causes serious consequences shall face a penalty of up to 03 years' community 
sentenc e or 06 - 36 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offence is committe d in time of emergency;  316 
 
d) The offence results in very serious consequences or extremely serious 
consequences.  
Article 409. Breaches of guard duty  
1. Any person who fails to strictly discharge his guard duty and causes serious 
consequences shall face a pe nalty of up to 03 years' community sentence or 06 - 
60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committe d in a warzone;  
c) The offence is committed during a rescue mission;  
d) The offence is committed in time of emergency;  
dd) The offence results in very serious consequences or extremely serious 
consequences.  
Article 410. Offences against regulations of law on protection  
1. Any person who fails to strictly comply with regulations on patrol, guard or 
escort in any of the following circumstances shall face a penalty of up to 03 
years' community sentence or 06 - 60 months' imprisonment:  
a) The guarded or escort ed person is injured;  
b) The offence results in damage of military equipment;  
c) The property damage caused by the offence is assessed at from VND 
100,000,000 to VND 500,000,000;  
d) The offence results in very serious consequences.  
2. This offence committe d in any of the following circumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offence results in the death of the guarded or escorted person;  
b) The offence results in loss of military equipment;  
c) The offence is committed in battle;  
dd) The offence is committed in a warzone;  
dd) The offender persuades another person to commit the offence;  317 
 
e) The offence results in very serious consequences or extremely serious 
consequences.  
Article 411. Offences against regulations of law on safety in battle or 
training  
1. Any person who fails to strictly comply with regulations on safety in battle or 
training and causes serious consequences shall face a penalty of up to 03 years' 
community sentence or 01 - 05 years' imprisonment.  
2. If the offence res ults in very serious consequences or extremely serious 
consequences, the offender shall face a penalty of 03 - 10 years' imprisonment.  
Article 412. Offences against regulations of law on use of military weapons 
or equipment  
1. Any person who violates regu lations on use of military weapons or equipment 
and causes serious consequences shall face a penalty of up to 03 years' 
community sentence or 06 - 60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of  03 - 10 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offence results in very serious consequences or extremely serious 
consequences.  
Article 413. Infliction of damage or deliberate destructio n of military 
weapons or equipment  
1. Any person who damages or deliberately destroys a military weapon or a 
piece of military equipment, except in the circumstances specified in Article 114 
and 303 hereof, shall face a penalty of 02 - 07 years' imprisonm ent. 
2. This offence committed in any of the following circumstances carries a 
penalty of 07 - 12 years' imprisonment:  
a) The offence is committed in battle;  
b) The offence is committed in a warzone;  
c) The offender drags another person into committing the  offence;  
d) The offence results in very serious consequences.  318 
 
3. If the offence results in very serious consequences or extremely serious 
consequences, the offender shall face a penalty of 12 - 20 years' imprisonment or 
life imprisonment.  
Article 414. Los s or involuntary destruction of military weapons or 
equipment  
1. Any person who is responsible for management of military weapons or 
equipment but loses or involuntary damages them and causes serious 
consequences shall face a penalty of up to 03 years' co mmunity sentence or 06 - 
60 months' imprisonment.  
2. If the offence results in very serious consequences or extremely serious 
consequences, the offender shall face a penalty of 03 - 07 years' imprisonment.  
Article 415. Harassment of the people  
1. Any perso n who harasses the people after despite the fact that he/she has 
incurred a disciplinary penalty for the same offence or causing serious 
consequences shall face a penalty of up to 03 years' community sentence or 06 - 
36 months' imprisonment.  
2. This offenc e committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offender drags another person into committing the offence;  
c) The offence is committed in a warzone;  
d) The offence is committed in an area where state of emergency is declared;  
dd) The offence results in very serious consequences or extremely serious 
consequences.  
Article 416. Abuse of military authority in performance of duties  
1. Any person wh o, in performance of his/her official duties, abuses military 
authority and causes property damage assessed at from VND 100,000,000 to 
under VND 500,000,000 to the State or an organization or individual shall face a 
penalty of up to 03 years' community sen tence or 06 - 36 months' imprisonment.  
2. If The property damage caused by the offence is assessed at ≥ VND 
500,000,000, the offender shall face a penalty of 03 - 07 years' imprisonment.  319 
 
Article 417. Abandonment of wounded or dead soldiers or failure to tr eat 
wounded soldiers  
1. Any person who is responsible but deliberately abandons a wounded or dead 
soldier in the battlefield or fails to treat a wounded soldier and causes the 
missing or death of such soldier shall face a penalty of up to 03 years' 
communi ty sentence or 06 - 60 months' imprisonment.  
2. This offence committed in any of the following circumstances carries a 
penalty of 03 - 10 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence involves ≥ 02 wounded or d ead soldiers.  
Article 418. Appropriation or destruction of dead soldiers' mementos  
1. Any person who appropriates or destroys a dead soldier's memento shall face 
a penalty of up to 03 years' community sentence or 06 - 36 months' 
imprisonment.  
2. This offe nce committed in any of the following circumstances carries a 
penalty of 02 - 07 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The offence involves mementos of ≥ dead soldiers.  
Article 419. Appropriation or destruction of  war trophies  
1. Any person who appropriates or destroys war trophies in battle or during 
battlefield clean -up shall face a penalty of up to 03 years' community sentence 
or 06 - 60 months' imprisonment.  
2. This offence committed in any of the following cir cumstances carries a 
penalty of 03 - 07 years' imprisonment:  
a) The offender is a commander or commissioned officer;  
b) The war trophies are assessed at from VND 100,000,000 to under VND 
500,000,000;  
c) The offence had a negative impact on the army's reput ation;  
d) The war trophies have military value;  
dd) The offence results in serious consequences or very serious consequences.  320 
 
3. This offence committed in any of the following circumstances carries a 
penalty of 05 - 10 years' imprisonment:  
a) The war troph ies are assessed at ≥ VND 500,000,000;  
b) The war trophies have special military value;  
c) The offence results in extremely serious consequences.  
Article 420. Maltreatment of prisoners of war  
Any person who maltreats a prisoner of war shall face a penalty of up to 01 
year's community sentence or 03 - 24 months' imprisonment.  
Chapter XXVI  
DISTURBING THE PEACE, CRIMES AGAINST HUMANITY AND 
WAR CRIMES  
Article 421. Disruption of peace, provocation of war of aggression  
1. Any person who advocates or provokes a w ar of aggression or prepares, 
carries out or participates in an war of aggression against the independence, 
sovereignty and territorial integrity of a nation or sovereign territory shall face a 
penalty of 12 - 20 years' imprisonment, life imprisonment or d eath.  
2. This offence is committed under pressure or order given by superior officers, 
the offender shall face a penalty of 10 - 20 years' imprisonment.  
Article 422. Crimes against humanity  
1. Any person who, whether in peacetime or wartime, commits genoci de against 
population of an area, destroys sources of living, cultural or spiritual life of a 
nation or sovereign territory, upsets the foundation of a society in order to 
sabotage it or commits other acts of genocide or destroys of the environment 
shall f ace a penalty of 10 - 20 years' imprisonment, life imprisonment or death.  
2. This offence is committed under pressure or order given by superior officers, 
the offender shall face a penalty of 10 - 20 years' imprisonment.  
Article 423. War crimes  
1. Any per son in wartime who orders or directly commits the murder of 
civilians, wounded people or prisoner of wars; pillages; destroys residential 
areas; uses banned war instruments or methods or commits other acts that 
seriously violate international law or an int ernational agreement to which 321 
 
Socialist Republic of Vietnam is a signatory shall face a penalty of 10 - 20 years' 
imprisonment, life imprisonment or death  
2. This offence is committed under pressure or order given by superior officers, 
the offender shall f ace a penalty of 10 - 20 years' imprisonment.  
Article 424. Recruiting, training or employing mercenaries  
Any person who recruits, trains or employs mercenaries to fight against a nation 
or sovereign territory shall face a penalty of 10 - 20 years' imprison ment or life 
imprisonment.  
Article 425. Working as a mercenary  
Any person who works as a mercenary to fight against a nation or sovereign 
territory shall face a penalty of 05 - 15 years' imprisonment.  
Part Three  
IMPLEMENTATION  
Article 426. Effect  
This docu ment comes into force from July 01, 2016.  
Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment 
to Criminal Code are null and void from the effective date of this document.  
 
This document was passed by the 13th National Assembly of the Socia list 
Republic of Vietnam, at its 6th session on November 27, 2015.  
   CHAIRMAN OF THE NATIONAL 
ASSEMBLY  
 
 
 
 
Nguyen Sinh Hung