Penal Code 2015 (100/2015/QH13)

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Penal Code.

Part One

GENERAL PROVISIONS

Chapter I. BASIC PROVISIONS

Article 1. Tasks of the Criminal Code

The Criminal Code has the task of protecting national sovereignty and the country's security, protecting the socialist regime, human rights, citizens' rights, protecting equality among people of all ethnic groups, protecting the interests of the State and organizations, protecting legal order, combating all acts of crime; educating everyone to have a sense of law compliance, preventing and fighting crime.

This Code stipulates crimes and punishments.

Article 2. Basis of criminal liability

1. Only a person who commits a crime prescribed by the Criminal Code shall bear criminal liability.

2. Only a commercial legal entity that commits a crime stipulated in Article 76 of this Code shall bear criminal liability.

Article 3. Principles of handling

1. For offenders:

a) All criminal acts committed by individuals must be promptly detected and handled quickly and impartially in accordance with the law;

b) All offenders are equal before the law, without discrimination based on gender, ethnicity, belief, religion, background, or social status;

c) Strictly punish those who orchestrate, lead, command, stubbornly resist, act violently, are repeat offenders, or exploit their positions and powers to commit crimes;

d) Strictly punish offenders who use cunning means, are organized, have a professional nature, or intentionally cause particularly serious consequences.

Leniency is granted to those who voluntarily confess, surrender, sincerely report, expose accomplices, make merits to atone for their crimes, repent, feel remorse, and voluntarily repair or compensate for the damage caused;

d) For first-time offenders of minor crimes, a lighter penalty than imprisonment can be applied, such as placing them under the supervision and education of an agency, organization, or family;

e) For those sentenced to imprisonment, they must serve their sentence at detention facilities, work, and study to become useful members of society; if they meet the conditions stipulated by this Code, they may be considered for a reduction in the term of imprisonment or conditional early release;

g) Individuals who have completed their sentence are provided with opportunities to work, live honestly, and reintegrate into the community, and when they meet the conditions prescribed by law, their criminal record may be expunged.

2. For commercial legal entities committing crimes:

a) All criminal acts committed by commercial legal entities must be detected promptly, handled quickly and impartially, in accordance with the law;

b) All commercial legal entities that commit crimes are equal before the law, regardless of ownership form and economic sector;

c) Strictly punish commercial legal entities that commit crimes using sophisticated methods, with a professional nature, intentionally causing particularly serious consequences;

d) Mitigate penalties for commercial legal entities that actively cooperate with investigative bodies during the resolution of the case, voluntarily repair or compensate for damages caused, and proactively prevent or remedy the resulting consequences.

Article 4. Responsibility for crime prevention and combat

1. The Police, People's Procuracy, People's Courts, and other relevant agencies are responsible for fully performing their functions, duties, and powers, while guiding and assisting other state agencies, organizations, and individuals in preventing and fighting crime, as well as supervising and educating offenders in the community.

2. Agencies and organizations have the duty to educate those under their management to raise awareness, protect, and comply with the law, respect the rules of socialist social life; and promptly take measures to eliminate the causes and conditions that lead to crime within their agencies and organizations.

3. All citizens have the obligation to actively participate in crime prevention and combat.

Chapter II. EFFECTIVENESS OF THE CRIMINAL CODE

Article 5. Effectiveness of the Criminal Code for criminal acts committed on the territory of the Socialist Republic of Vietnam

1. The Criminal Code applies to all criminal acts committed on the territory of the Socialist Republic of Vietnam.

This provision also applies to criminal acts or the consequences of criminal acts that occur on aircraft and ships of Vietnamese nationality or within the exclusive economic zone and continental shelf of Vietnam.

2. For foreigners who commit crimes on the territory of the Socialist Republic of Vietnam and are entitled to diplomatic or consular immunity under Vietnamese law, under international treaties to which the Socialist Republic of Vietnam is a party, or under international custom, the issue of their criminal liability shall be resolved in accordance with the provisions of that international treaty or international custom; in cases where that international treaty does not provide or where there is no international custom, their criminal liability shall be resolved through diplomatic channels.

Article 6. The effectiveness of the Criminal Code for acts committed outside the territory of the Socialist Republic of Vietnam

1. Vietnamese citizens or Vietnamese commercial legal entities who commit crimes outside the territory of the Socialist Republic of Vietnam that are defined as crimes by this Code may be prosecuted for criminal liability in Vietnam in accordance with the provisions of this Code.

This regulation also applies to stateless persons permanently residing in Vietnam.

2. Foreigners and foreign commercial legal entities committing crimes outside the territory of the Socialist Republic of Vietnam may be prosecuted criminally under the provisions of this Code in cases where the criminal acts infringe upon the rights and lawful interests of Vietnamese citizens or harm the interests of the Socialist Republic of Vietnam, or in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

3. For criminal acts or the consequences of criminal acts committed on aircraft or ships that do not have Vietnamese nationality while located in the sea or in the airspace beyond the territory of the Socialist Republic of Vietnam, the offender may be held criminally liable according to the provisions of this Code if an international treaty to which the Socialist Republic of Vietnam is a party provides so.

Article 7. Effectiveness of the Criminal Code over time

1. The law applicable to a criminal act is the law in effect at the time the criminal act is committed.

2. A law that stipulates a new crime, a heavier penalty, a new aggravating circumstance, or restricts the applicability of suspended sentences, exemption from criminal liability, exclusion of criminal liability, exemption from punishment, reduction of punishment, expungement of criminal records, and other provisions not favorable to the offender, shall not be applied to acts committed before that law comes into effect.

3. A law that abolishes a crime, a penalty, an aggravating circumstance, provides a lighter penalty, a new mitigating circumstance, or expands the applicability of suspended sentences, exemption from criminal liability, exclusion of criminal liability, exemption from punishment, reduction of punishment, conditional early release, expungement of criminal records, and other provisions favorable to the offender, shall be applied to acts committed before that law comes into effect.

Chapter III. CRIMES

Article 8. Concept of crime

1. A crime is an act that is dangerous to society as prescribed in the Criminal Code, committed intentionally or negligently by a person with criminal responsibility or by a commercial legal entity, infringing on the independence, sovereignty, unity, and territorial integrity of the Fatherland; infringing on the political regime, economic regime, culture, national defense, security, social order and safety, the rights and legitimate interests of organizations; infringing on human rights, the rights and legitimate interests of citizens; infringing on other areas of the socialist legal order which, according to the provisions of this Code, must be subject to criminal sanctions.

2. Acts that have characteristics of a crime but whose danger to society is insignificant are not considered crimes and are handled by other measures.

Article 9. Classification of crimes

Based on the nature and level of danger to society of the criminal act as prescribed in this Code, crimes are classified into the following four types:

1. Minor crimes are crimes that have a nature and degree of danger to society that is not significant, where the maximum penalty prescribed by this Code for that crime is a fine, non-custodial reform, or imprisonment of up to 03 years;

2. Serious crimes are crimes that have a nature and degree of danger to society that is significant, where the maximum penalty prescribed by this Code for that crime is from over 03 years to 07 years of imprisonment;

3. Very serious crimes are crimes that have a nature and degree of danger to society that is very significant, where the maximum penalty prescribed by this Code for that crime is from over 07 years to 15 years of imprisonment;

4. Especially serious crimes are crimes that have a nature and degree of danger to society that is exceptionally significant, where the maximum penalty prescribed by this Code for that crime is from over 15 years to 20 years of imprisonment, life imprisonment, or death penalty.

Article 10. Intentional commission of a crime

Intentional crime is a crime in the following cases:

1. The offender is fully aware that their act is dangerous to society, foresees the consequences of that act, and desires the consequences to occur;

2. The offender is fully aware that their act is dangerous to society, foresees that the consequences of that act may occur, and although does not desire them, still consciously allows the consequences to happen.

Article 11. Negligent crime

Negligent crime is a crime in the following cases:

1. The offender foresees that their act may cause socially harmful consequences but believes that those consequences will not occur or can be prevented.

2. The offender does not foresee that their act may cause socially harmful consequences, even though they should have and could have foreseen them.

Article 12. Age of criminal responsibility

1. Persons aged 16 and above shall bear criminal responsibility for all crimes, except for crimes for which this Code provides otherwise.

2. Persons aged 14 and above, but under 16, shall only bear criminal responsibility for murder, intentional injury or infliction of harm on another person's health, rape, rape of persons under 16, sexual assault of persons aged 13 to under 16, robbery, kidnapping for the purpose of appropriation of property; and for particularly serious crimes and extremely serious crimes stipulated in one of the following articles:

a) Article 143 (rape); Article 150 (human trafficking); Article 151 (trafficking of persons under 16);

b) Article 170 (extortion); Article 171 (snatching); Article 173 (theft); Article 178 (destruction or intentional damage to property).

c) Article 248 (crime of illegally producing narcotics); Article 249 (crime of illegally possessing narcotics); Article 250 (crime of illegally transporting narcotics); Article 251 (crime of illegally trading narcotics); Article 252 (crime of appropriating narcotics);

d) Article 265 (crime of organizing illegal racing); Article 266 (crime of illegal racing);

d) Article 285 (crime of producing, trading, exchanging, or giving tools, devices, software for use for illegal purposes); Article 286 (crime of spreading computer programs that harm the operation of computer networks, telecommunications networks, electronic means); Article 287 (crime of obstructing or disturbing the operation of computer networks, telecommunications networks, electronic means); Article 289 (crime of unauthorized intrusion into another person's computer network, telecommunications network, or electronic means); Article 290 (crime of using computer networks, telecommunications networks, electronic means to commit appropriation of property);

e) Article 299 (terrorism crime); Article 303 (crime of destroying important constructions, facilities, means related to national security); Article 304 (crime of manufacturing, storing, transporting, using, illegally trading, or appropriating military weapons, military technical equipment).

Article 13. Committing a crime under the influence of alcohol, beer, or other strong stimulants

A person who commits a crime in a state of impaired cognitive ability or impaired control of their actions due to the use of alcohol, beer, or other strong stimulants shall still bear criminal responsibility.

Article 14. Preparation to commit a crime

1. Preparation to commit a crime involves seeking, preparing tools, means, or creating other conditions to carry out the crime, or forming or joining a criminal group, except in cases prescribed in Article 109, point a, clause 2 of Article 113, or point a, clause 2 of Article 299 of this Code.

2. A person who prepares to commit one of the following crimes shall bear criminal responsibility:

a) Article 108 (crime of betraying the Fatherland); Article 110 (crime of espionage); Article 111 (crime of infringing on territorial security); Article 112 (crime of riot); Article 113 (crime of terrorism aimed at opposing the people's government); Article 114 (crime of sabotaging the material and technical bases of the Socialist Republic of Vietnam); Article 117 (crime of creating, storing, disseminating, or propagating information, documents, or items aimed at opposing the State of the Socialist Republic of Vietnam); Article 118 (crime of disturbing security); Article 119 (crime of sabotaging detention facilities); Article 120 (crime of organizing, forcing, or instigating others to flee abroad or remain abroad to oppose the people's government); Article 121 (crime of fleeing abroad or remaining abroad to oppose the people's government);

b) Article 123 (homicide); Article 134 (intentional injury or causing harm to another person's health);

c) Article 168 (theft); Article 169 (kidnapping for the purpose of appropriation of property);

d) Article 299 (terrorism); Article 300 (terrorism financing); Article 301 (hostage-taking); Article 302 (piracy); Article 303 (destruction of important works, facilities, or means related to national security); Article 324 (money laundering).

3. Persons from 14 to under 16 years old preparing to commit crimes specified in point b and point c of clause 2 of this Article shall be held criminally responsible.

Article 15. Attempted crime

Attempted crime is the intentional commission of a crime but not completed due to reasons beyond the perpetrator's control. Persons who attempt a crime shall be held criminally responsible for the attempted crime.

Article 16. Voluntarily stopping the commission of a crime halfway

Voluntarily desisting from committing a crime halfway is when someone chooses not to carry out the crime to completion, even though there is nothing preventing them from doing so. A person who voluntarily desists from committing a crime halfway is exempt from criminal liability for the attempted crime; if the actions already committed meet the elements of another crime, the person must bear criminal liability for that crime.

Article 17. Perpetrator Participation

1. Perpetrator participation is the case where two or more people intentionally commit a crime together.

2. Organized crime is a form of perpetrator participation involving close collusion among those committing the crime.

3. Accomplices include organizers, perpetrators, instigators, and assistants. The perpetrator is the person who directly commits the crime. The organizer is the mastermind, leader, who commands the execution of the crime. The instigator is the person who incites, entices, or encourages others to commit the crime. The assistant is the person who provides mental or material support for the commission of the crime.

4. Accomplices are not criminally responsible for acts that go beyond what the perpetrator does.

Article 18. Concealing a crime

1. A person who does not make a prior promise but, after knowing that a crime has been committed, conceals the offender, traces, evidence of the crime, or takes other actions that hinder the detection, investigation, or handling of the offender, shall be criminally responsible for the offense of concealing a crime in cases prescribed by this Code.

2. A person who conceals a crime who is a grandfather, grandmother, father, mother, child, grandchild, sibling, wife, or husband of the offender shall not bear criminal responsibility under the provisions of clause 1 of this Article, except in the case of concealing crimes that infringe upon national security or other particularly serious crimes specified in Article 389 of this Code.

Article 19. Failure to Report Crime

1. Any person who is aware that a crime is being prepared, is being committed, or has been committed, but does not report it, shall bear criminal responsibility for failure to report a crime in the cases specified in Article 389 of this Code.

2. Persons who fail to report are grandfathers, grandmothers, fathers, mothers, children, grandchildren, siblings, wives, or husbands of the offender and shall not bear responsibility under the provisions of clause 1 of this Article, except in the case of failing to report crimes that infringe upon national security or other particularly serious crimes specified in Article 389 of this Code.

3. The defense counsel shall not bear criminal liability under the provisions of Clause 1 of this Article in cases where they do not report a crime committed or participated in by the person they are defending, which the defense counsel becomes aware of while performing their defense duties, except in cases of not reporting crimes against national security or other particularly serious crimes as prescribed in Article 389 of this Code.

Chapter IV. EXCLUDED CASES

CRIMINAL LIABILITY

Article 20. Unforeseen Event

A person who performs an act that causes harmful consequences to society in the case where the consequences of that act could not be foreseen or were not required to be foreseen shall not be criminally responsible.

Article 21. Condition of Lack of Criminal Responsibility Capacity

A person who commits dangerous acts against society while suffering from a mental illness or another disease that impairs their cognitive abilities or their capacity to control their behavior shall not be held criminally responsible.

Article 22. Justifiable defense

1. Justifiable defense is an act of a person to protect his or her legitimate rights or interests, the rights or interests of others, or the interests of the State, agencies, or organizations by resisting in a necessary manner a person who is infringing upon those rights or interests. Justifiable defense is not considered a crime.

2. Exceeding the limits of justifiable defense is the act of clearly resisting beyond what is necessary, inappropriate to the nature and level of social danger of the harmful act. A person who exceeds the limits of justifiable defense must bear criminal responsibility according to the provisions of this Code.

Article 23. Urgent situation

1. An emergency situation is a situation in which a person, in order to avoid causing damage to their own or others' lawful rights and interests, or to the interests of the State, agencies, or organizations, has no other way but to cause a smaller harm than the harm that needs to be prevented. Acts causing harm in an emergency situation are not considered crimes.

2. In cases where the harm caused clearly exceeds the requirement of the emergency situation, the person causing the harm must bear criminal responsibility.

Article 24. Causing harm while apprehending a person committing a crime

1. The act of a person in order to apprehend a person committing a crime, when there is no other way but to use necessary force causing harm to the person being apprehended, is not considered a crime.

2. In cases where harm is caused due to the use of force clearly exceeding the necessary level, the person causing the harm must bear criminal responsibility.

Article 25. Risks in research, experimentation, and application of scientific, technical, and technological advances

Acts that cause damage while conducting research, experimentation, or applying new scientific, technical, and technological advances, even if the procedures and standards are properly followed and all preventive measures are applied, do not constitute a crime. Anyone who does not follow the procedures and standards or does not apply all preventive measures and causes damage shall still bear criminal responsibility.

Article 26. Compliance with orders from commanders or superiors

A person who causes damage while executing the orders of a commander or superior in the people's armed forces to carry out national defense and security tasks, if they have fully followed the reporting procedures to the person issuing the order but the person issuing the order still insists on compliance, shall not bear criminal responsibility. In this case, the person issuing the order shall bear criminal responsibility.

This provision does not apply to the cases stipulated in Clause 2, Article 421, Clause 2, Article 422, and Clause 2, Article 423 of this Code.

Chapter V. STATUTE OF LIMITATIONS FOR CRIMINAL LIABILITY,

Chapter V. STATUTE OF LIMITATIONS FOR CRIMINAL LIABILITY, EXEMPTION FROM CRIMINAL LIABILITY

Article 27. Statute of limitations for criminal prosecution

1. The statute of limitations for criminal prosecution is the period prescribed by this Code, after which the offender shall not be prosecuted for criminal liability.

2. The statute of limitations for criminal prosecution is regulated as follows:

a) 5 years for minor crimes;

b) 10 years for serious crimes;

c) 15 years for very serious crimes;

d) 20 years for especially serious crimes.

3. The statute of limitations for criminal prosecution is calculated from the date the crime is committed. If within the period prescribed in Clause 2 of this Article, the offender commits a new criminal act for which this Code prescribes a maximum penalty exceeding 1 year of imprisonment, the statute of limitations for the previous crime shall be recalculated from the date the new criminal act is committed.

If within the period prescribed in Clause 2 of this Article, the offender deliberately evades and there has been a wanted notice issued, the statute of limitations shall be recalculated from the time the person surrenders or is apprehended.

Article 28. Non-application of statute of limitations for criminal prosecution

The statute of limitations for criminal prosecution prescribed in Article 27 of this Code shall not apply to the following crimes:

1. Crimes infringing upon national security as prescribed in Chapter XIII of this Code;

2. Crimes of sabotage of peace, crimes against humanity, and war crimes prescribed in Chapter XXVI of this Code;

3. Embezzlement of property in the cases prescribed in Clauses 3 and 4 of Article 353 of this Code; bribery in the cases prescribed in Clauses 3 and 4 of Article 354 of this Code.

Article 29. Grounds for exemption from criminal liability

1. An offender shall be exempt from criminal liability if one of the following grounds exists:

a) During investigation, prosecution, or trial, due to a change in policy or law, the criminal act is no longer dangerous to society;

b) When there is a decision of amnesty.

2. An offender may be exempt from criminal liability if one of the following grounds exists:

a) During investigation, prosecution, or trial, due to developments in the situation, the offender is no longer dangerous to society;

b) When conducting investigation, prosecution, and trial, if the offender suffers from a serious illness leading to the inability to pose any danger to society;

c) If the offender confesses, clearly explains the matter, effectively contributes to the detection and investigation of the crime, tries to minimize the consequences of the crime, and performs significant meritorious acts or has special contributions, recognized by the State and society.

3. A person who commits a minor crime or a serious crime unintentionally causing damage to the life, health, honor, dignity, or property of another person, and is voluntarily reconciled by the victim or the victim's representative and requests exemption from criminal liability, may be exempted from criminal responsibility.

Chapter VI. PENALTIES

Article 30. Concept of punishment

Punishment is the strictest coercive measure of the State stipulated in this Code, decided by the Court to be applied to a person or a commercial legal entity who commits a crime in order to deprive or limit the rights and interests of that person or commercial legal entity.

Article 31. Purpose of punishment

Punishment is not only intended to penalize the person or commercial legal entity who commits a crime but also to educate them to be aware of complying with the law and the rules of life, to prevent them from committing new crimes; to educate other persons and commercial legal entities to respect the law, prevent and fight crime.

Article 32. Types of punishments for persons who commit crimes

1. Principal punishments include:

a) Warning;

b) Fines;

c) Non-custodial reform;

d) Expulsion;

đ) Fixed-term imprisonment;

e) Life imprisonment;

g) Death penalty.

2. Supplementary punishments include:

a) Prohibition from holding certain positions, practicing certain professions or doing certain jobs;

b) Residence prohibition;

c) Probation;

d) Deprivation of certain civil rights;

d) Confiscation of property;

e) Fine, when not applied as the main punishment;

g) Expulsion, when not applied as the main punishment.

3. For each crime, the offender is only subject to one principal punishment and may be subject to one or several additional punishments.

Article 33. Punishments for corporate entities committing crimes

1. Principal punishments include:

a) Fine;

b) Temporary suspension of operations;

c) Permanent suspension of operations.

2. Supplementary punishments include:

a) Prohibition from doing business, prohibition from operating in certain fields;

b) Prohibition on capital mobilization;

c) Fine, when not applied as the main punishment.

3. For each crime, the corporate entity committing the crime is only subject to one principal punishment and may be subject to one or several additional punishments.

Article 34. Warning

A warning is applied to offenders who commit minor offenses and have many mitigating circumstances but have not reached the level of exemption from punishment.

Article 35. Fine

1. Fines are applied as the principal punishment in the following cases:

a) Persons committing minor offenses or serious offenses as stipulated by this Code;

b) Persons committing especially serious offenses that infringe upon the order of economic management, the environment, public order, public safety, and some other crimes as prescribed by this Code.

2. Fines are applied as supplementary punishments for persons committing crimes related to corruption, drugs, or other crimes as prescribed by this Code.

3. The amount of fines is determined based on the nature and level of danger of the crime, while taking into account the offender's property situation and price fluctuations, but must not be lower than 1,000,000 VND.

4. Fines for commercial legal entities committing crimes are regulated in Article 77 of this Code.

Article 36. Non-custodial rehabilitation

1. Non-custodial reform is applied for a period of 06 months to 03 years for offenders committing minor offenses or serious offenses as stipulated by this Code who have a stable workplace or clear place of residence, if it is considered unnecessary to isolate the offender from society.

If the convicted person has been detained or held in custody, the period of detention or custody is deducted from the time of serving the non-custodial reform sentence, with 1 day of detention or custody counted as 3 days of non-custodial reform.

2. The court shall hand over the person sentenced to non-custodial reform to the agency, organization where that person works or studies, or to the commune-level People's Committee where that person resides for supervision and education. The family of the convicted person is responsible for coordinating with the agency, organization, or commune-level People's Committee in supervising and educating that person.

3. During the period of serving the sentence, the convicted person must fulfill certain obligations according to the regulations on non-custodial rehabilitation and have a portion of their income, ranging from 5% to 20%, deducted to contribute to the state fund. Income deductions are carried out monthly. In special cases, the Court may exempt income deduction, but the reasons must be clearly stated in the judgment. Income is not deducted for those serving their sentence who are performing military service.

No income deduction for a person serving a sentence who is performing military duties.

4. In the case where a person serving non-custodial rehabilitation has no job or loses their job during the period of serving this sentence, they must perform certain community service work during the period of non-custodial rehabilitation.

Community service labor shall not exceed 04 hours in one day and 05 days in one week. Community service labor measures do not apply to pregnant women or those nursing children under 06 months old, the elderly or weak, people with serious illnesses, people with severe disabilities or special severe disabilities.

Persons sentenced to non-custodial reform must fulfill the obligations stipulated by the Law on Criminal Judgment Enforcement.

Article 37. Expulsion

Expulsion is the act of forcing a foreigner who has been convicted to leave the territory of the Socialist Republic of Vietnam.

Expulsion may be applied by the Court as the principal penalty or as an additional penalty in specific cases.

Article 38. Fixed-term imprisonment

1. Fixed-term imprisonment is the act of forcing a convicted person to serve the sentence at a detention facility for a certain period.

Fixed-term imprisonment for an offender of a crime has a minimum term of 03 months and a maximum term of 20 years.

The time of temporary detention and temporary custody is deducted from the term of imprisonment; every 1 day of temporary detention or custody counts as 1 day of imprisonment.

2. Fixed-term imprisonment is not applied to a person committing a minor offense for the first time due to negligence and having a clear residence.

Article 39. Life imprisonment

Life imprisonment is an imprisonment without a fixed term applied to persons committing particularly serious crimes but not reaching the level of the death penalty. Life imprisonment is not applied to persons under 18 years old who commit a crime.

Article 40. Death penalty

1. The death penalty is a special punishment applied only to persons committing particularly serious crimes belonging to one of the groups of crimes against national security, crimes against human life, drug-related crimes, corruption, and some other particularly serious crimes as prescribed by this Code.

2. The death penalty shall not be applied to persons under 18 years old at the time of committing the crime, pregnant women, women nursing children under 36 months old, or persons aged 75 and above at the time of committing the crime or during trial.

Amended and supplemented provisions:

3. The death sentence shall not be carried out for a person convicted if they fall under one of the following cases:

a) Pregnant women or women nursing children under 36 months old;

b) Persons aged 75 and above;

c) Persons sentenced to death for embezzlement or bribery who, after being convicted, have voluntarily returned at least three-quarters of the embezzled or bribed property and actively cooperated with the authorities in detecting, investigating, and handling the crime or made significant contributions.

4. In the cases specified in clause 3 of this Article or in the case where a person sentenced to death is granted clemency, the death penalty shall be commuted to life imprisonment.

Article 41. Prohibition from holding certain positions, practicing certain professions, or performing certain jobs

Prohibition from holding a position, practicing a profession, or performing certain work is applied when it is deemed that allowing the convicted person to hold the position, practice the profession, or perform that work could pose a danger to society. The duration of the prohibition is from 1 year to 5 years, starting from the date of completion of the prison sentence or from the effective date of the judgment if the main penalty is a warning, a fine, non-custodial reform, or if the convicted person is granted probation.

Article 42. Prohibition from residence

Prohibition from residence is a requirement that the person sentenced to imprisonment is not allowed to temporarily or permanently reside in certain localities. The duration of the prohibition from residence is from 1 year to 5 years, starting from the date of completion of the prison sentence.

Article 43. Supervision

Suspension of liberty is the requirement for a person convicted of imprisonment to reside, make a living, and be reformed in a certain locality under the supervision and education of the local authorities and the people. During the period of suspension of liberty, the convicted person is not allowed to leave the place of residence at will, is deprived of certain civil rights according to the provisions of Article 44 of this Code, and is prohibited from practicing certain professions or jobs.

Suspension of liberty is applied to persons who commit crimes against national security, dangerous recidivists, or in other cases prescribed by this Code.

The term of suspension of liberty is from 01 year to 05 years, counting from the date of completion of the prison sentence.

Article 44. Deprivation of certain civil rights

1. Vietnamese citizens who are sentenced to imprisonment for crimes against national security or other crimes in cases prescribed by this Code shall be deprived of one or several of the following civil rights:

a) The right to be elected as a representative of State power agencies;

b) The right to work in state agencies and the right to serve in the people's armed forces.

2. The duration of deprivation of certain civil rights is from 01 year to 05 years, counted from the date of completing the prison sentence or from the date the judgment takes legal effect in the case where the convicted person is granted probation.

Article 45. Confiscation of property

Confiscation of property is the deprivation of part or all of the property owned by the convicted person to be submitted to the state budget.

Confiscation of property is only applied to persons convicted of serious crimes, very serious crimes, or particularly serious crimes that infringe national security, crimes related to drugs, corruption, or other crimes stipulated by this Code.

When confiscating all property, conditions are still left for the convicted person and their family to live.

Chapter VII. JUDICIAL MEASURES

Article 46. Judicial measures

1. Judicial measures against offenders include:

a) Confiscation of property or money directly related to the crime;

b) Returning property, repairing or compensating for damages; requiring a public apology;

c) Mandatory medical treatment.

2. Judicial measures against commercial legal entities committing crimes include:

a) Confiscation of property or money directly related to the crime;

b) Returning property, repairing or compensating for damages; requiring a public apology;

c) Restoring the original state;

d) Implementing certain measures to remedy or prevent the consequences from continuing.

Article 47. Confiscation of property or money directly related to the crime

1. Confiscation into the state budget or confiscation for destruction applies to:

a) Tools or means used to commit the crime;

b) Property or money obtained through committing the crime or by trading, exchanging these items; illicit gains from committing the crime;

c) Property prohibited by the State from circulation.

2. For objects or money that have been appropriated or used illegally by the offender, they shall not be confiscated but returned to the owner or the lawful manager.

3. Objects or money that belong to others, if that person is at fault for allowing the offender to use them to commit a crime, may be confiscated.

Article 48. Returning property, repairing or compensating for damage; requiring public apology

1. The offender must return the property that has been appropriated to the owner or the lawful manager, and must repair or compensate for the material damage identified as caused by the criminal act.

2. In cases where the crime causes psychological harm, the Court shall require the offender to compensate materially and publicly apologize to the victim.

Amended and supplemented provisions:

Article 49. Mandatory medical treatment

1. For a person who commits acts dangerous to society while suffering from an illness specified in Article 21 of this Code, the Procuracy or the Court, based on the conclusions of forensic examination or forensic psychiatric examination, may decide to place them in a specialized medical facility for mandatory treatment.

2. For a person who commits a crime while having criminal responsibility but, before being sentenced, suffers from an illness to the extent of losing the ability to perceive or control their behavior, based on the conclusions of forensic examination or forensic psychiatric examination, the Court may decide to place them in a specialized medical facility for mandatory treatment. After recovery, the person may be held criminally responsible.

3. For a person serving a prison sentence who becomes ill to the extent of losing the ability to perceive or control their behavior, based on the conclusions of a forensic examination or psychiatric evaluation, the Court may decide to place them in a specialized treatment facility for compulsory medical treatment. After recovery, if there is no other reason to exempt them from serving the sentence, the person must continue to serve the sentence. The time spent in compulsory treatment shall be deducted from the duration of the prison sentence.

Chapter

VIII DECISION ON SENTENCING

Section 1. GENERAL PROVISIONS ON SENTENCING DECISIONS

Article 50. Basis for sentencing decisions

1. When deciding on a sentence, the Court shall base its judgment on the provisions of this Code, considering the nature and level of social danger of the criminal act, the offender's personal circumstances, mitigating and aggravating circumstances of criminal liability.

2. When deciding to impose a fine, in addition to the grounds stipulated in Clause 1 of this Article, the Court shall base on the property situation and the ability to comply of the offender.

Article 51. Circumstances mitigating criminal liability

1. The following circumstances are mitigating factors for criminal liability:

a) The offender has prevented or reduced the harm of the crime;

b) The offender voluntarily rectifies, compensates for the damage, or remedies the consequences;

c) Committing a crime in cases exceeding the limits of legitimate defense;

d) Committing a crime in cases exceeding the requirements of an emergency situation;

e) Committing a crime in cases exceeding what is necessary when apprehending an offender;

f) Committing a crime under mental provocation caused by the victim's illegal act;

g) Committing a crime due to particularly difficult circumstances not caused by oneself;

h) Committing a crime but has not caused damage or caused only minor damage;

i) Committing the crime for the first time and in less serious cases;

k) Committing the crime because of being threatened or coerced by others;

l) Committing the crime in cases of limited cognitive ability not caused by one's own fault;

m) Committing the crime due to backwardness;

n) The offender is a pregnant woman;

o) The offender is a person aged 70 years or older;

p) The offender is a person with severe or particularly severe disabilities;

q) The offender is a person with a disease that limits cognitive ability or the ability to control their behavior;

r) The offender confesses voluntarily;

s) The offender sincerely reports or repents;

t) The offender actively assists competent agencies in detecting or investigating the crime;

u) The offender has performed meritorious deeds to redeem their offense;

v) The offender is a person with outstanding achievements in production, combat, study, or work;

x) The offender is the father, mother, wife, husband, or child of a martyr or a person who has contributed to the revolution.

2. When deciding the penalty, the Court may consider surrender or other circumstances as mitigating factors, but must clearly state the reasons for mitigation in the judgment.

3. Mitigating circumstances already prescribed by this Code as elements for criminal classification or penalty framing shall not be considered mitigating factors when deciding the penalty.

Article 52. Circumstances Aggravating Criminal Responsibility

1. Only the following circumstances are considered aggravating criminal responsibility:

a) Committing the crime in an organized manner;

b) Committing the crime in a professional manner;

c) Taking advantage of position or authority to commit the crime;

d) Committing the crime in a hooligan manner;

d) Committing the crime with a despicable motive;

e) Intentionally carrying out the crime to the end;

f) Committing the crime two or more times;

h) Reoffending or especially dangerous reoffending;

i) Committing crimes against persons under 16 years old, pregnant women, or persons aged 70 or older;

k) Committing crimes against persons who are unable to defend themselves, severely or particularly severely disabled persons, persons with limited cognitive abilities, or persons dependent on the offender in terms of material, mental, work, or other aspects;

l) Taking advantage of situations of war, emergency, natural disasters, epidemics, or other special difficulties in society to commit crimes;

m) Using sophisticated, cunning, or cruel methods to commit crimes;

n) Using methods or means that can endanger many people to commit crimes;

o) Inciting persons under 18 years old to commit crimes;

p) Acting cunningly or aggressively to evade or conceal crimes.

2. The circumstances already stipulated by this Code as elements for defining a crime or determining the penalty framework shall not be regarded as aggravating circumstances.

Article 53. Recidivism, Dangerous Recidivism

1. Recidivism is the case of having been convicted, not yet expunged, and then committing a criminal act intentionally or committing a crime of very serious nature or particularly serious crime due to negligence.

2. The following cases are considered dangerous recidivism:

a) Having been convicted of a very serious crime or particularly serious crime intentionally, not yet expunged, and then committing a very serious or particularly serious crime intentionally;

b) Having reoffended, not yet expunged, and then committing a criminal act intentionally.

Section 2. DETERMINATION OF PENALTY IN SPECIFIC CASES

Article 54. Determination of a penalty below the minimum of the prescribed penalty range is applied

1. The court may decide on a penalty below the minimum level of the applicable penalty range, but it must be within the next lower penalty range of the statute when the offender has at least two mitigating circumstances specified in Clause 1, Article 51 of this Code.

2. The court may decide on a penalty below the minimum level of the applicable penalty range but is not required to be within the next lower penalty range of the statute for a first-time offender who aided in a joint offense but played an insignificant role.

3. In the case where all the conditions specified in Clause 1 or Clause 2 of this Article are met but the law only has one penalty bracket or that penalty bracket is the lightest, the Court may decide to convert to another lighter type of penalty. The reason for the mitigation must be clearly stated in the judgment.

Article 55. Decision on penalties in the case of committing multiple crimes

When trying a person for multiple crimes at the same time, the Court decides the penalty for each crime and aggregates the penalties according to the following provisions:

1. For the principal penalty:

a) If the penalties pronounced are both reform without detention or both fixed-term imprisonment, these penalties are combined into a common sentence; the common sentence must not exceed 3 years for reform without detention, 30 years for fixed-term imprisonment;

b) If the pronounced punishments are non-custodial reform or fixed-term imprisonment, the non-custodial reform punishment is converted into imprisonment at the rate of 3 days of non-custodial reform converted into 1 day of imprisonment to be combined into a common punishment according to the provisions at point a, clause 1 of this Article;

c) If the heaviest punishment among the pronounced punishments is life imprisonment, then the common punishment is life imprisonment;

d) If the heaviest punishment among the pronounced punishments is the death penalty, then the common punishment is the death penalty;

đ) Fines are not combined with other types of punishments; fine amounts are accumulated into a common punishment;

e) Expulsion is not combined with other types of punishments;

2. For supplementary punishments:

a) If the imposed penalties are of the same type, the combined penalty is determined within the limits prescribed by this Code for that type of penalty; in the case of fines, the fines are added together to form the combined penalty;

b) If the imposed penalties are of different types, the convicted person must serve all the imposed penalties.

Article 56. Aggregation of penalties from multiple judgments

1. In the case where a person is serving a sentence and is subsequently tried for an offense committed before that sentence, the Court shall decide the penalty for the offense being tried, and then determine the combined penalty in accordance with Article 55 of this Code.

The time already served for the previous sentence is deducted from the term of the combined penalty.

2. When trying a person who is serving a sentence and commits a new criminal act, the Court shall decide the punishment for the new crime, then combine it with the unserved portion of the previous sentence and then decide the total punishment according to the provisions of Article 55 of this Code.

3. In the case of a person who has to serve multiple sentences that have come into legal effect but the punishments of these sentences have not been combined, the Chief Justice of the competent Court shall issue a decision to combine the punishments of the sentences according to the provisions of clauses 1 and 2 of this Article.

Article 57. Decision on punishment in cases of attempts to commit a crime or incomplete crimes

1. For acts of preparing to commit a crime and attempted crimes, the punishment is determined according to the provisions of this Code regarding the corresponding crimes depending on the nature, level of danger to society of the act, the degree of implementation of the criminal intent, and other circumstances that prevent the crime from being fully carried out.

2. In the case of preparing to commit a crime, the punishment is determined within the penalty framework specified in the specific statutory provisions.

3. In the case of an attempted crime, if the applicable law provides a maximum penalty of life imprisonment or death, a prison term of no more than 20 years shall be applied; if it is a term of imprisonment, the penalty shall not exceed three-quarters of the imprisonment penalty provided by law.

Article 58. Determination of penalties in cases of co-perpetrators

When deciding the punishment for accomplices, the Court must consider the nature of the complicity, and the nature and level of participation in the crime of each accomplice.

Any mitigating, aggravating circumstances or exemption from criminal liability applicable to a specific accomplice shall only apply to that person.

Article 59. Exemption from penalty

A person who commits a crime may be exempted from punishment if they fall under the cases provided in Clause 1 and Clause 2 of Article 54 of this Code and deserve special leniency, but not to the extent of being exempted from criminal liability.

Chapter IX. STATUTE OF LIMITATIONS FOR EXECUTION OF JUDGMENTS, EXEMPTION FROM EXECUTION OF PUNISHMENT,

REDUCTION OF THE TERM OF EXECUTION OF PUNISHMENT

Article 60. Statute of limitations for execution of judgments

1. The statute of limitations for the execution of a criminal judgment is the period prescribed by this Code, upon the expiration of which the convicted person or convicted corporate entity is not required to execute the pronounced judgment.

2. The statute of limitations for the enforcement of a criminal judgment against an individual sentenced is as follows:

a) 5 years for cases of monetary fines, non-custodial rehabilitation, or imprisonment of 3 years or less;

b) 10 years for cases of imprisonment of over 3 years up to 15 years;

c) 15 years for cases of imprisonment of over 15 years up to 30 years;

d) 20 years for cases of life imprisonment or the death penalty.

3. The statute of limitations for the enforcement of a criminal judgment against a commercial legal entity is 5 years.

4. The statute of limitations for the enforcement of a criminal judgment is calculated from the date the judgment takes legal effect. If within the periods prescribed in Clauses 2 and 3 of this Article, the convicted person or the convicted commercial legal entity commits a new criminal act, the statute of limitations shall be recalculated from the date of the new criminal act.

5. Within the time limit specified in Clause 2 of this Article, if the convicted person deliberately evades and there is already a warrant for their arrest, the statute of limitations shall be recalculated from the date the person surrenders or is apprehended.

Article 61. Non-application of the statute of limitations for the execution of sentences

The statute of limitations for the execution of sentences does not apply to crimes specified in Chapter XIII and Chapter XXVI of this Code.

Article 62. Exemption from serving a sentence

1. A convicted person is exempt from serving a sentence when granted a pardon or amnesty.

2. A person sentenced to non-custodial reform or imprisonment for a term of up to 3 years who has not yet served the sentence may, upon the proposal of the Chief Procurator, be decided by the Court to be exempt from serving the sentence if one of the following cases applies:

a) Has rendered meritorious service after being convicted;

b) Suffers from a serious illness;

c) Comply well with the law, have a particularly difficult family situation, and it is considered that the person is no longer dangerous to society.

3. A person sentenced to imprisonment for a term of more than 03 years, who has not yet served the sentence, if they have made great achievements or suffer from a serious illness and the person is no longer dangerous to society, then upon the proposal of the Chief Procurator, the Court may decide to exempt the entire sentence from execution.

4. A person sentenced to imprisonment of up to 03 years, who has been temporarily suspended from serving the sentence, if during the suspension period they have made achievements or complied well with the law, have a particularly difficult family situation, and it is considered that the person is no longer dangerous to society, then upon the proposal of the Chief Procurator, the Court may decide to exempt the remaining portion of the sentence from execution.

5. A person sentenced to a fine who has actively complied with part of the penalty but falls into a prolonged situation of extreme economic difficulty caused by natural disasters, fire, accidents, or illness that makes it impossible to continue serving the remaining part of the penalty, or who has made great contributions, may, upon the proposal of the Chief of the Procuracy, be granted by the Court a decision to exempt the remaining part of the fine.

6. A person sentenced to residence prohibition or probation, if they have served half of the sentence and have reformed well, may, upon the proposal of the district-level criminal enforcement agency where the person is serving the sentence, be granted by the Court a decision to exempt the remaining part of the penalty.

7. A person exempted from serving the penalty under the provisions of this Article must still fully perform the civil obligations imposed by the Court in the judgment.

Article 63. Reduction of the pronounced sentence

1. A person sentenced to non-custodial reform, fixed-term imprisonment, or life imprisonment, if they have served the sentence for a certain period, made significant progress, and compensated part of their civil obligations, may, upon the recommendation of the competent criminal enforcement agency, have the court decide to reduce the remaining sentence. The time already served to be eligible for the first reduction is one-third of the term for non-custodial reform, fixed-term imprisonment, and 12 years for life imprisonment.

2. A person may receive multiple reductions, but must ensure that at least half of the imposed sentence is served. A person sentenced to life imprisonment, upon the first reduction, may be reduced to 30 years, and even with multiple reductions, must serve a minimum of 20 years in actual imprisonment.

3. In the case of a person convicted of multiple crimes, including a crime punishable by life imprisonment, the Court will only consider the first reduction to 30 years of imprisonment after the person has served 15 years in prison, and even if multiple reductions are granted, the actual time served must still be at least 25 years.

4. For a person who has already had part of their sentence reduced but commits a new, less serious intentional crime, the Court will only consider the first reduction after the person has served half of the total sentence.

5. For a person who has had part of their sentence reduced but commits a new serious, very serious, or extremely serious crime, the Court shall only consider the first reduction after the person has served two-thirds of the total sentence, or in the case of a life sentence, the consideration of sentence reduction shall be carried out in accordance with the provisions of paragraph 3 of this Article.

6. For a person sentenced to death who is granted a pardon or a person sentenced to death under the cases specified in points b or c of paragraph 3, Article 40 of this Code, the time already served to be eligible for the first reduction is 25 years, and even if multiple reductions are granted, the actual time served must still ensure a minimum of 30 years.

Article 64. Reduction of the term of sentence in special cases

A convicted person who has reasons to deserve leniency, such as having made meritorious contributions, being very old or weak, or suffering from a serious illness, the Court may consider reducing the sentence earlier or at a higher level compared to the time and level prescribed in Article 63 of this Code.

Article 65. Suspended sentence

1. When imposing a prison sentence of no more than 03 years, based on the personal background of the offender and mitigating circumstances, if it is considered unnecessary to enforce the prison sentence, the Court shall grant a suspended sentence and set a probation period from 01 year to 05 years and implement obligations during the probation period in accordance with the provisions of the Law on the Execution of Criminal Sentences.

2. During the probation period, the Court assigns the person granted probation to the agency, organization where the person works or the local authority where the person resides for supervision and education. The family of the convicted person is responsible for coordinating with the agency, organization, and local authorities in supervising and educating that person.

3. The Court may decide to apply additional penalties to the person granted probation if the applicable law provides for such penalties.

4. If the person granted probation has served half of the probation period and has made significant progress, then upon the recommendation of the agency or organization responsible for supervision and education, the Court may decide to shorten the probation period.

5. During the probation period, if the person benefiting from a suspended sentence intentionally violates the obligations prescribed by the Law on the Execution of Criminal Judgments two or more times, the Court may decide to enforce the prison sentence of the judgment that granted the suspended sentence. In the case of committing a new crime, the Court shall enforce the penalty of the previous judgment and combine it with the penalty of the new judgment in accordance with Article 56 of this Code.

Article 66. Conditional early release from prison

1. A person serving a prison sentence may be granted early release if they meet the following conditions:

a) First-time offender;

b) Shows significant improvement and has good awareness of reformation;

c) Has had their prison term reduced for those convicted of serious crimes or more;

d) Has a clear place of residence;

e) Has completed the additional penalties such as fines, court fees, and civil compensation obligations;

e) Has served at least half of the prison term for a fixed-term sentence or at least 15 years for a life sentence that has been commuted to a fixed-term sentence.

In the case of offenders who are war invalids, sick soldiers, relatives of martyrs, families who have made contributions to the revolution, people aged 70 or older, people with severe or extremely severe disabilities, women who are breastfeeding a child under 36 months old, the time already served must be at least one-third of the fixed-term prison sentence or at least 12 years for life imprisonment reduced to a fixed-term sentence;

g) Not falling under any of the criminal cases specified in Clause 2 of this Article.

2. The provisions of this Article do not apply to persons sentenced who fall into one of the following cases:

a) A person convicted of crimes against national security; terrorism; crimes of sabotage against peace, against humanity, and war crimes; or a person sentenced to 10 years or more in prison for intentionally infringing on the life, health, or dignity of others; 7 years or more in prison for crimes of robbery, kidnapping for the purpose of appropriation, and illegal production, trafficking, or appropriation of narcotics;

b) A person sentenced to death who has had their sentence commuted or falls under the cases prescribed in Clause 3, Article 40 of this Code.

3. At the proposal of a competent criminal enforcement agency, the Court shall decide on conditional early release for the convicted person. The person granted conditional early release must fulfill the obligations during the probation period. The probation period is equal to the remaining duration of the prison sentence.

4. A person who is conditionally released from prison before the end of their term and intentionally violates their obligations two or more times, or is administratively sanctioned two or more times during the probation period, the Court may revoke the conditional early release decision for that person and require them to serve the remaining part of the prison sentence. If that person commits a new crime during the probation period, the Court shall require them to serve the sentence of the new judgment and combine it with the unserved part of the previous sentence in accordance with Article 56 of this Code.

5. A person who is conditionally released from prison before the end of their term and has served at least half of the probation period and has made significant progress, based on the proposal of the competent criminal enforcement agency, the Court may decide to shorten the probation period.

Article 67. Suspension of the execution of the prison sentence

1. A person sentenced to imprisonment may have the execution of the sentence postponed in the following cases:

a) If seriously ill, the execution may be postponed until health is restored;

b) If a pregnant woman or breastfeeding a child under 36 months old, the execution may be postponed until the child reaches 36 months;

c) If the sole breadwinner in the family, and serving the sentence would cause particularly severe difficulty for the family, the execution may be postponed for up to 1 year, except in cases where the person has been convicted of crimes against national security or other particularly serious crimes;

d) If convicted of a minor crime, due to official duties, the execution may be postponed for up to 1 year.

2. During the period of deferred execution of a prison sentence, if the person whose execution of the sentence has been deferred commits a new criminal act, the Court shall compel that person to serve the previous sentence and combine it with the sentence of the new judgment in accordance with the provisions of Article 56 of this Code.

Article 68. Temporary suspension of the execution of a prison sentence

1. A person serving a prison sentence who falls under one of the cases specified in Clause 1, Article 67 of this Code may be temporarily suspended from serving the sentence.

2. The period of temporary suspension is not counted as part of the time serving the prison sentence.

Chapter X. EXPUNGEMENT OF CRIMINAL RECORDS

Article 69. Expungement of criminal records

1. A convicted person may have their criminal record expunged in accordance with the provisions of Articles 70 to 73 of this Code. A person whose criminal record is expunged is considered as never having been convicted.

2. A person convicted due to negligence of a less serious crime, a serious crime, and a person exempted from punishment is not considered to have a criminal record.

Article 70. Automatically eligible for expungement of criminal records

1. Automatic expungement of criminal records applies to individuals convicted of crimes not stipulated in Chapters XIII and XXVI of this Code when they have completed the principal penalty, the probation period of a suspended sentence, or the statute of limitations for executing the judgment, and meet the conditions specified in paragraphs 2 and 3 of this Article.

2. A convicted person is automatically eligible for expungement of criminal records if, from the time of completing the principal penalty or the probation period of a suspended sentence, they have completed any additional penalties, other decisions of the judgment, and have not committed a new crime within the following periods:

a) 01 year in the case of being fined a warning, monetary fine, non-custodial correction, or imprisonment with a suspended sentence;

b) 02 years in the case of imprisonment of up to 05 years;

c) 03 years in the case of imprisonment from over 05 years to 15 years;

d) 5 years in the case of being sentenced to more than 15 years of imprisonment, life imprisonment, or death but having the sentence reduced.

In case the convicted person is serving an additional punishment such as probation, residence restriction, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain jobs, or deprivation of certain civil rights, where the period to be served is longer than the period specified in points a, b, and c of this clause, the period for automatic expungement of the criminal record shall end when the person completes the additional punishment.

3. A convicted person shall be automatically expunged of their criminal record if, from the expiration of the statute of execution of the sentence, the person does not commit a new crime within the period specified in clause 2 of this Article.

4. The agency managing the criminal record database is responsible for updating information on the criminal record status of convicted individuals and, upon request, issuing a criminal record certificate confirming no criminal record, if the conditions specified in Clauses 2 or 3 of this Article are met.

Article 71. Expungement of criminal records by court decision

1. The expungement of criminal records by court decision applies to individuals convicted of offenses under Chapter XIII and Chapter XXVI of this Code when they have fully served the principal sentence, completed the probation period of a suspended sentence, or the statute of limitations for executing the sentence has expired, and meet the conditions stipulated in Clauses 2 and 3 of this Article.

The court shall decide on the expungement of criminal records for those convicted of offenses under Chapter XIII and Chapter XXVI of this Code based on the nature of the committed crime, the compliance with the law, and the labor attitude of the convicted person.

2. A person who has been convicted can be granted by the Court to have their criminal record expunged if, from the time of completing the main sentence or the probation period of a suspended sentence, that person has completed any supplementary punishments, other decisions of the judgment, and has not committed a new crime within the following periods:

a) 3 years in the case of a warning, non-custodial reform, or imprisonment of up to 5 years;

b) 5 years in the case of imprisonment from over 5 years to 15 years;

c) 7 years in the case of imprisonment of over 15 years, life imprisonment, or death sentence that has been commuted.

In the case where the convicted person is serving supplementary punishments such as probation, residence restriction, or deprivation of certain civil rights, where the duration to be served is longer than the period specified in point a of this clause, the period for expungement of the criminal record will end when the person has completed the supplementary punishment.

3. A convicted person is granted expungement by the Court if, from the expiration of the statute of execution of the sentence, that person does not commit a new crime within the period specified in Clause 2 of this Article.

4. A person whose first application for expungement is rejected by the Court may apply for expungement only after 1 year; if the application is rejected the second time or subsequently, they may apply for expungement only after 2 years.

Article 72. Expungement in special cases

In cases where the convicted person shows clear progress and has made meritorious contributions, and this is proposed by the agency or organization where the person works or by the local authority where the person resides, the Court shall decide on expungement if the person has served at least one third of the time period specified in Clause 2 of Article 70 and Clause 2 of Article 71 of this Code.

Article 73. Method of calculating the period for expungement

1. The period for expunging criminal records as stipulated in Articles 70 and 71 of this Code is based on the principal sentence imposed.

2. A person whose criminal record has not yet been expunged, who commits a new crime and is convicted by a court judgment with legal effect, the period for expunging the old criminal record shall be recalculated from the date of completing the principal sentence or the probation period of the new sentence, or from the date the new judgment expires in its enforcement statute of limitations.

3. A person convicted in cases of multiple offenses, where some offenses fall under cases automatically eligible for expungement, and others are eligible for expungement by court decision, the court shall determine the expungement of the criminal record for that person based on the period stipulated in Article 71 of this Code.

4. A person who is exempted from serving the remaining part of the sentence is also considered to have completed the sentence.

Chapter XI. PROVISIONS REGARDING COMMERCIAL LAW OFFENDERS

Article 74. Application of provisions of the Criminal Code to commercial legal entities committing crimes

Commercial legal entities committing crimes shall bear criminal liability according to the provisions of this Chapter; other provisions of the first Part of this Code that do not contradict the provisions of this Chapter also apply.

Article 75. Conditions for criminal liability of commercial legal entities

1. A commercial legal entity shall only bear criminal liability when all of the following conditions are met:

a) The criminal act is committed in the name of the commercial legal entity;

b) The criminal act is committed for the benefit of the commercial legal entity;

c) The criminal act is committed under the direction, management, or approval of the commercial legal entity;

d) The statute of limitations for criminal prosecution as prescribed in Clause 2 and Clause 3 of Article 27 of this Code has not expired.

2. The criminal liability of a commercial entity does not exclude the criminal liability of individuals.

Article 76. Scope of criminal liability of a commercial entity

A commercial entity shall only be criminally liable for the following offenses:

1. Article 188 (crime of smuggling); Article 189 (crime of illegally transporting goods and currency across the border); Article 190 (crime of producing and trading prohibited goods); Article 191 (crime of storing and transporting prohibited goods); Article 192 (crime of producing and trading counterfeit goods); Article 193 (crime of producing and trading counterfeit goods that are food, food additives); Article 194 (crime of producing and trading counterfeit goods that are medicine for treatment or prevention); Article 195 (crime of producing and trading counterfeit goods that are animal feed, fertilizers, veterinary medicine, plant protection drugs, plant seeds, livestock); Article 196 (crime of speculation); Article 200 (crime of tax evasion); Article 203 (crime of illegally printing, issuing, buying and selling invoices and documents for submission to the state budget); Article 209 (crime of deliberately disclosing false information or concealing information in securities activities); Article 210 (crime of using insider information to trade securities); Article 211 (crime of manipulating the securities market); Article 213 (crime of fraud in insurance business); Article 216 (crime of evading payment of social insurance, health insurance, unemployment insurance for employees); Article 217 (crime of violating competition regulations); Article 225 (crime of infringing copyright and related rights); Article 226 (crime of infringing industrial property rights); Article 227 (crime of violating regulations on research, exploration, and exploitation of resources); Article 232 (crime of violating regulations on forest exploitation, protection, and forest product management); Article 234 (crime of violating regulations on wildlife management and protection);

2. Article 235 (crime of causing environmental pollution); Article 237 (crime of violating prevention, response, and remediation of environmental incidents); Article 238 (crime of violating regulations on the protection of hydraulic works safety, dikes, and disaster prevention and control; violating regulations on the protection of riverbanks and riverbeds); Article 239 (crime of importing waste into Vietnamese territory); Article 242 (crime of destroying aquatic resources); Article 243 (crime of destroying forests); Article 244 (crime of violating regulations on the management and protection of endangered, precious, and rare animals); Article 245 (crime of violating regulations on managing nature reserves); Article 246 (crime of importing and spreading invasive alien species).

Article 77. Fines

1. Fines are applied as the main penalty or as an additional penalty for commercial legal entities committing crimes.

2. The amount of the fine is decided based on the nature and level of danger of the crime and takes into account the financial situation of the offending commercial entity, as well as price fluctuations, but must not be less than 50,000,000 VND.

Article 78. Temporary suspension of activities

1. Temporary suspension of activities is the temporary cessation of operations of a commercial entity in one or several areas where the commercial entity's crime causes harm to human life, health, the environment, or security, order, and social safety, and the resulting consequences can practically be remedied.

2. The suspension period is from 06 months to 03 years.

Article 79. Permanent suspension of activities

1. Permanent suspension of activities is the termination of the activities of a commercial entity in one or several fields where the commercial entity commits a crime causing damage or has the actual potential to cause damage to the lives of many people, cause environmental incidents, or adversely affect security, order, and social safety, and cannot remedy the consequences caused.

2. A commercial entity established solely to commit crimes shall have all its activities permanently suspended.

Article 80. Prohibition of business, prohibition of activities in certain fields

1. The prohibition of business or activities in certain fields is applied when it is considered that if the convicted commercial entity continues to do business or operate in that field, it may harm human life, health, or society.

2. The court decides the specific fields that are prohibited for business or activities.

3. The period of prohibition from doing business or engaging in certain fields is from 01 year to 03 years, starting from the date the judgment takes legal effect.

Article 81. Prohibition on Capital Mobilization

1. The prohibition on capital mobilization is applied when it is considered that allowing a convicted commercial legal entity to mobilize capital poses a risk of continued criminal activity.

2. Forms of prohibition on capital mobilization include:

a) Prohibition on borrowing from banks, credit institutions, or investment funds;

b) Prohibition on issuing or offering securities;

c) Prohibition on mobilizing customer capital;

d) Prohibition on joint ventures or partnerships domestically and internationally;

e) Prohibition on establishing real estate trust funds.

3. The court decides to apply one or more forms of capital mobilization prohibition as prescribed in clause 2 of this Article.

4. The period of prohibition on capital mobilization is from 01 year to 03 years, starting from the date the judgment takes legal effect.

Article 82. Judicial measures applied to criminal commercial legal entities

1. The court may decide to apply the following judicial measures to a commercial legal entity that commits a crime:

a) Judicial measures prescribed in Articles 47 and 48 of this Code;

b) Compulsory restoration of the original state;

c) Compulsory implementation of certain measures to remedy or prevent the continued occurrence of consequences.

2. The court may decide to apply a judicial measure to compel a commercial legal entity that commits a crime to restore the original state that has been altered due to its criminal acts.

3. Based on specific cases of crime, the court may decide to compel a commercial legal entity that commits a crime to implement one or several of the following measures to remedy or prevent the consequences of the crime:

a) Compulsory dismantling of works or parts of construction that lack a permit or are built not according to the permit;

b) Compulsory remediation of environmental pollution or disease spread;

c) Forced to be removed from the territory of the Socialist Republic of Vietnam or re-export goods, items, means brought into the territory of the Socialist Republic of Vietnam, imported in violation of the law, or temporarily imported and re-exported but not re-exported in accordance with legal regulations; imported or transited goods infringing intellectual property rights, goods counterfeiting intellectual property rights, means, raw materials, imported materials mainly used to produce or trade counterfeit intellectual property goods after removing the infringing elements;

d) Be required to destroy goods and items that are harmful to human health, livestock, crops, and the environment, as well as cultural products with harmful content or other evidence subject to destruction under the provisions of law;

d) Be required to eliminate the violating elements on goods, packaging, business means, items;

e) Be required to recall violated products and goods that are circulating in the market.

Article 83. Basis for deciding sanctions against commercial legal entities committing crimes

When deciding on sanctions, the Court shall base its decision on the provisions of this Code, consider the nature and level of danger to society of the criminal act, the compliance of the commercial legal entity with the law, and the mitigating and aggravating circumstances applicable to the commercial legal entity.

Article 84. Mitigating circumstances applicable to commercial legal entities

1. The following circumstances are mitigating factors for criminal liability:

a) Has prevented or mitigated the harm of the crime;

b) Voluntarily repair, compensate for damages, or remedy the consequences;

c) Commit a crime but have not caused damage or have caused minor damage;

d) Actively cooperate with prosecutorial agencies during the resolution of the case;

d) Make many contributions in implementing social policies.

2. When deciding on punishment, the Court may consider other circumstances as mitigating factors, but must clearly state the reasons for mitigation in the judgment.

3. Mitigating circumstances already prescribed by this Code as elements for criminal classification or penalty framing shall not be considered mitigating factors when deciding the penalty.

Article 85. Aggravating circumstances for criminal liability applied to commercial entities

1. Only the following circumstances are considered aggravating criminal responsibility:

a) Collude with other commercial entities to commit a crime;

b) Intentionally carry out the crime to the end;

c) Commit the crime two or more times;

d) Repeat offenses or dangerous repeat offenses;

e) Exploit the circumstances of war, state of emergency, natural disasters, epidemics, or other special difficulties of society to commit a crime;

f) Use sophisticated means to commit a crime or to evade or conceal the crime.

2. The circumstances already stipulated by this Code as elements for defining a crime or determining the penalty framework shall not be regarded as aggravating circumstances.

Article 86. Sentencing decisions in cases where a commercial legal entity commits multiple offenses

When trying, in a single instance, a commercial legal entity that commits multiple offenses, the Court shall decide the penalty for each offense and aggregate the punishments according to the following provisions:

1. For the principal penalty:

a) If the penalties imposed are all fines, the fines shall be added together to form a combined punishment;

b) Penalties imposing temporary suspension of activities for specific sectors shall not be aggregated;

c) Monetary penalties shall not be aggregated with other types of penalties;

2. For supplementary punishments:

a) If the penalties imposed are of the same type, the combined penalty shall be decided within the limits prescribed by this Code for that type of penalty; specifically for monetary penalties, the amounts shall be added together to form a combined penalty;

b) If the penalties imposed are of different types, the commercial legal entity convicted must serve all the penalties imposed.

Article 87. Aggregation of sentences from multiple judgments

1. In the case where a commercial legal entity is serving a sentence and is then tried for an offense committed before that sentence, the Court shall decide the penalty for the offense under trial, and then determine the aggregate penalty according to the provisions of Article 86 of this Code. The time already served under the previous sentence regarding temporary suspension of operations, business prohibition, prohibition from activities in certain fields, or prohibition from raising capital shall be deducted from the term of serving the aggregate penalty.

2. When trying a commercial legal entity that is serving a sentence and commits a new criminal act, the Court shall determine the punishment for the new crime, then aggregate it with the unserved portion of the previous sentence and decide on the overall punishment according to the provisions of Article 86 of this Code.

3. In the case that a commercial legal entity must serve multiple final judgments and the penalties of these judgments have not yet been aggregated, the Chief Justice of the competent Court shall decide on the aggregation of penalties of these judgments in accordance with paragraphs 1 and 2 of this Article.

Article 88. Exemption from punishment

A commercial legal entity that commits a crime may be exempted from punishment if it has remedied all consequences and fully compensated for all damages caused by the criminal act.

Article 89. Expungement of criminal record

A commercial legal entity that has been convicted is automatically entitled to have its criminal record expunged if within 02 years from the completion of the main penalty, supplementary penalties, other decisions of the judgment, or from the expiration of the statute of limitations for executing the judgment, the commercial legal entity does not commit a new crime.

Provisions repealed

Chapter XII. PROVISIONS FOR PERSONS UNDER 18 YEARS OLD WHO COMMIT CRIMES

Section 1. GENERAL PROVISIONS ON CRIMINAL HANDLING OF PERSONS UNDER 18 YEARS OLD WHO COMMIT CRIMES

Article 90. Application of the Criminal Code to persons under 18 years old who commit crimes

Persons from 14 years old to under 18 years old who commit crimes shall bear criminal responsibility under the provisions of this Chapter; other provisions of the first part of this Code shall be applied in a manner not contrary to this Chapter.

Article 91. Principles of handling persons under 18 years old who commit crimes

1. The handling of persons under 18 years old who commit crimes must ensure the best interests of the person under 18 and primarily aim to educate, help them correct mistakes, develop healthily, and become useful citizens to society. The handling of persons under 18 who commit crimes must be based on their age, their ability to understand the danger of their criminal acts to society, and the causes and conditions that led to the crime.

2. Persons under 18 who commit crimes falling under one of the following cases and have many mitigating circumstances, voluntarily remedy most of the consequences, if not falling under the provisions of Article 29 of this Code, may be exempted from criminal liability and subject to the measures provided in Section 2 of this Chapter:

a) A person aged from 16 to under 18 who commits a less serious crime or a serious crime, except in cases prescribed in Article 134 (intentional infliction of injury or causing harm to another person's health); Article 141 (rape); Article 171 (robbery); Article 248 (illegal production of narcotics); Article 249 (illegal possession of narcotics); Article 250 (illegal transportation of narcotics); Article 251 (illegal trading of narcotics); Article 252 (appropriation of narcotics) of this Code;

b) Persons from 14 years old to under 16 years old who commit extremely serious intentional crimes as stipulated in Clause 2, Article 12 of this Code, except for cases provided in Article 123 (murder); Article 134, Clauses 4, 5, and 6 (intentional injury or causing harm to another person's health); Article 141 (rape), Article 142 (rape of a person under 16 years old); Article 144 (forcible rape of a person from 13 to under 16 years old); Article 150 (human trafficking); Article 151 (trafficking of persons under 16 years old); Article 168 (robbery); Article 171 (snatching theft); Article 248 (illegal production of narcotics); Article 249 (illegal possession of narcotics); Article 250 (illegal transportation of narcotics); Article 251 (illegal trading of narcotics); Article 252 (appropriation of narcotics) of this Code;

c) A person under 18 years old is an accomplice but plays an insignificant role in the case.

3. Criminal prosecution of persons under 18 who commit crimes shall only be carried out when necessary and must be based on their personal characteristics, the social danger of the criminal act, and the requirements of crime prevention.

4. In adjudication, the Court shall only impose punishment on persons under 18 who commit crimes if it finds that exempting them from criminal responsibility and applying one of the measures prescribed in Section 2 or applying educational measures at the reformatory as prescribed in Section 3 of this Chapter does not ensure the effectiveness of education and prevention.

5. Life imprisonment or the death penalty shall not be applied to persons under 18 who commit crimes.

6. The court only applies a fixed-term prison sentence to persons under 18 years old who commit a crime when it considers that other punishments and educational measures are ineffective in deterrence and prevention. When imposing a fixed-term prison sentence, the court allows persons under 18 who commit a crime to receive a lighter sentence than that applied to persons aged 18 and over committing the corresponding crime, with the shortest appropriate duration. Supplementary penalties are not applied to persons under 18 who commit a crime.

7. Sentences already pronounced against persons under 16 years old who commit crimes are not considered in determining recidivism or dangerous recidivism.

Section 2. SUPERVISION AND EDUCATION MEASURES APPLIED IN

CASES EXEMPT FROM CRIMINAL LIABILITY

Article 92. Conditions for application

Investigative agencies, the Procuracy, or the Court shall only decide to exempt from criminal liability and apply measures of reprimand, community mediation, or educational measures at the commune, ward, or town level if the person under 18 years of age commits an offense or their legal representative agrees to the application of one of these measures.

Article 93. Reprimand

1. Reprimand is applied to persons under 18 years of age who commit an offense in the following cases in order to help them clearly understand the criminal act and the consequences caused to the community, society, and their obligations:

a) Persons from 16 years old to under 18 years old who commit a minor offense for the first time;

b) Persons under 18 years old who are accomplices with an insignificant role in the case.

2. The investigation agency, the Procuracy, or the Court decides to apply the reprimand measure. Reprimanding a person under 18 years old who commits a crime must be witnessed by the parents or the legal representatives of the person under 18.

3. The person being reprimanded must fulfill the following obligations:

a) Comply with the laws, rules, and regulations of the place of residence, study, or work;

b) Report to the competent authorities when requested;

c) Participate in study programs, vocational training organized by the local area, and engage in labor in an appropriate form.

4. Depending on the specific case, the competent authority shall determine the time for fulfilling the obligations stipulated in points b and c, Clause 3 of this Article, from 03 months to 01 year.

Article 94. Community Mediation

1. Community mediation is applied to persons under 18 years old who commit crimes in the following cases:

a) Persons from 16 to under 18 years old committing minor or serious crimes;

b) Persons from 14 to under 16 years old committing very serious crimes as stipulated in point b, Clause 2, Article 91 of this Code.

2. The investigative agency, the Procuracy, or the Court shall coordinate with the commune-level People's Committee to organize community reconciliation when the victim or the legal representative of the victim has voluntarily reconciled and requested exemption from criminal liability.

3. A person subject to community reconciliation measures must fulfill the following obligations:

a) Apologize to the victim and compensate for damages;

b) Fulfill the obligations prescribed in Clause 3, Article 93 of this Code.

Article 95. Education at communes, wards, and townships

1. The investigative agency, the Procuracy, or the Court may apply educational measures at communes, wards, or townships for a period of 01 to 02 years to persons under 18 years old who commit crimes in the following cases:

a) Persons from 16 to under 18 years old who commit minor crimes or the serious crimes specified in Point a, Clause 2, Article 91 of this Code;

b) Persons from 14 to under 16 years old committing very serious crimes as stipulated in point b, Clause 2, Article 91 of this Code.

2. A person who is assigned by the investigative agency, the Procuracy, or the Court to the commune-level People's Committee for supervision and education must fulfill the following obligations:

a) Fully comply with obligations regarding study and labor;

b) Be subject to supervision and education by their family, commune, ward, or township;

c) Not leave their place of residence without permission;

d) Fulfill the obligations prescribed in Clause 3, Article 93 of this Code.

3. If a person being educated at a commune, ward, or township has completed more than half of the period and has made significant progress, based on the proposal of the commune-level People's Committee assigned with management and education, the agency that applied this measure may decide to terminate the education period at the commune, ward, or township level.

Section 3. JUDICIAL MEASURES FOR EDUCATION AT EDUCATION CENTERS

Article 96. Education at education centers

1. The court may apply educational measures at a reform school for a period of 01 year to 02 years to persons under 18 years old who commit crimes, if it is deemed that due to the serious nature of the criminal act, as well as the individual's background and living environment, it is necessary to place that person in a strictly disciplined educational institution.

2. Persons being educated at a reform school must fully comply with obligations regarding study, vocational training, labor, and daily activities under the management and education of the school.

Article 97. Early termination of educational measures at a reform school

If a person educated at a reform school has served half of the term and has shown significant progress, then, upon the recommendation of the reform school entrusted with management and education, the court may decide to terminate the educational period at the reform school.

Section 4. PENALTIES

Article 98. Penalties applied to persons under 18 years old who commit crimes

Persons under 18 years old who commit crimes are only subject to one of the following penalties for each crime:

1. Warning.

2. Fine.

3. Re-education without detention.

4. Fixed-term imprisonment.

Article 99. Fine

A fine is applied as the principal penalty for persons from 16 to under 18 years old, if they have income or own property. The amount of the fine for persons from 16 to under 18 years old who commit a crime shall not exceed half of the fine prescribed by the relevant provision.

Article 100. Re-education without detention

1. Re-education without detention is applied to persons from 16 to under 18 years old who commit minor crimes, serious crimes, or very serious crimes due to negligence, or to persons from 14 to under 16 years old who commit very serious crimes intentionally.

2. When applying non-custodial reform penalties to persons under 18 years old who commit crimes, their income shall not be deducted. The non-custodial reform period for persons under 18 years old who commit crimes shall not exceed half of the term prescribed by the law.

Article 101. Fixed-term imprisonment

The fixed-term imprisonment applicable to persons under 18 years old who commit crimes is prescribed as follows:

1. For persons aged from 16 to under 18 years old at the time of committing the crime, if the applicable law prescribes life imprisonment or the death penalty, the maximum penalty applied shall not exceed 18 years of imprisonment; if it is fixed-term imprisonment, the maximum penalty applied shall not exceed three-fourths of the imprisonment term prescribed by the law.

2. For persons aged from 14 to under 16 who commit a crime, if the applicable law prescribes life imprisonment or the death penalty, the maximum penalty that can be applied shall not exceed 12 years of imprisonment; if it is a fixed-term imprisonment, the maximum penalty that can be applied shall not exceed half of the imprisonment term prescribed by the law.

Section 5. DECISION ON PENALTY, SUMMARY OF PENALTIES,

Section 5. DECISION ON PENALTIES, SUMMARY OF PENALTIES, REDUCTION OF PENALTIES, EXPUNGEMENT OF CRIMINAL RECORDS

Article 102. Sentencing in cases of attempted crime or unsuccessful crime

1. The court shall decide the sentence for persons under 18 years old in cases of preparing to commit a crime or attempting a crime according to the principle stipulated in Clause 1, Article 57 of this Code.

2. The maximum penalty for persons from 14 years old to under 16 years old preparing to commit a crime shall not exceed one-third of the penalty provided for the act of preparing to commit a crime under the applicable legal provision.

The maximum penalty for a person from 16 years old to under 18 years old preparing to commit a crime shall not exceed one-half of the penalty prescribed in the penalty framework for the act of preparing to commit the crime in the applied law.

3. The maximum penalty applicable to a person from 14 years old to under 16 years old for an attempted crime shall not exceed one-third of the penalty stipulated in Articles 100 and 101 of this Code.

The maximum penalty applicable to a person from 16 years old to under 18 years old for an attempted crime shall not exceed one-half of the penalty stipulated in Articles 99, 100, and 101 of this Code.

Article 103. Accumulation of penalties in case of multiple offenses

1. When trying a person under 18 years old who has committed multiple offenses at the same time, the Court shall decide the penalty for each offense and combine the overall penalty according to the provisions of Article 55 of this Code. If the overall penalty is non-custodial reform, the maximum penalty applied shall not exceed 3 years.

If the general punishment is a fixed-term imprisonment, the maximum penalty applied shall not exceed 18 years for a person from 16 to under 18 years old at the time of committing the crime, and 12 years for a person from 14 to under 16 years old at the time of committing the crime.

2. For persons under 18 years old who commit multiple crimes, with some crimes committed before reaching 16 years of age and some crimes committed after reaching 16 years of age, the aggregation of penalties is applied as follows:

a) If the penalty pronounced for the crime committed before the person reached 16 years of age is equal to or greater than the penalty pronounced for the crime committed after turning 16, then the combined penalty shall not exceed the maximum penalty for persons from 14 years old to under 16 years old as prescribed in Clause 1 of this Article;

b) If the penalty pronounced for the crime committed after the person turned 16 is greater than the penalty pronounced for the crime committed before turning 16, then the combined penalty shall not exceed the maximum penalty for persons from 16 years old to under 18 years old as prescribed in Clause 1 of this Article.

3. For persons committing multiple crimes, with some crimes committed before turning 18 and some committed after turning 18, the aggregation of penalties shall be applied as follows:

a) If the penalty level pronounced by the Court for an offense committed when the person was under 18 years old is equal to or higher than the penalty applied for an offense committed when the person was 18 years old or older, the overall penalty must not exceed the maximum penalty prescribed in Clause 1 of this Article;

b) If the penalty level pronounced by the Court for an offense committed when the person was 18 years old or older is higher than the penalty applied for an offense committed when the person was under 18 years old, the overall penalty shall be applied as for an adult offender.

Article 104. Aggregation of penalties from multiple judgments

The aggregation of penalties in cases where a person is serving a sentence and is tried for an offense committed before or after this sentence shall be carried out in accordance with the provisions of Articles 55 and 56 of this Code. The combined penalty must not exceed the maximum penalty prescribed in Article 103 of this Code.

Article 105. Reducing the imposed penalty

1. Persons under 18 years old who commit crimes and are sentenced to non-custodial reform or imprisonment, if they show progress and have served one-fourth of the term, may be considered for reduction by the Court; specifically for imprisonment, each time the sentence may be reduced by up to 4 years, provided that at least two-fifths of the imposed penalty has been served.

2. Persons under 18 years old who commit crimes and are sentenced to non-custodial reform or imprisonment, if they perform meritorious deeds or suffer from a serious illness, may be considered for immediate reduction and may be exempted from serving the remaining part of the penalty.

3. Persons under 18 years old who commit crimes and are fined but face prolonged special economic hardship due to natural disasters, fires, accidents, or illness, or perform significant meritorious deeds, the Court may decide to reduce or exempt the remaining fine upon the proposal of the Director of the Procuracy.

Article 106. Conditional early release from prison

1. Persons under 18 years of age serving a prison sentence, if not falling under the cases specified in Clause 2, Article 66 of this Code, may be granted conditional early release from prison if the following conditions are met:

a) First-time offender;

b) Shows significant improvement and has good awareness of reformation;

c) Have served at least one-third of the prison term;

d) Have a clear place of residence.

2. Conditional early release from prison shall be carried out in accordance with the provisions of Clauses 3, 4, and 5, Article 66 of this Code.

Article 107. Expungement of criminal record

1. Persons under 18 years of age who have been convicted are considered to have no criminal record if they fall under one of the following cases:

a) Persons aged from 14 to under 16;

b) Persons aged from 16 to under 18 who are convicted of minor offenses, serious offenses, or very serious offenses committed unintentionally;

c) Persons subjected to judicial measures specified in Section 3 of this Chapter.

2. Persons aged from 16 to under 18 who are convicted of very serious crimes committed intentionally or particularly serious crimes shall automatically have their criminal records expunged if within 03 years from the completion of the main sentence or from the expiration of the statute of limitations for execution of the judgment, they do not commit a new offense.

Part Two

CRIMES

Chapter XIII. CRIMES AGAINST NATIONAL SECURITY

Article 108. Crime of betraying the Fatherland

1. Any Vietnamese citizen who colludes with a foreign country to harm the independence, sovereignty, unity, and territorial integrity of the Fatherland, the socialist regime and the Socialist Republic of Vietnam, national defense potential, or security, shall be punished with imprisonment from 12 to 20 years, life imprisonment, or death.

2. Committing this crime in cases with multiple mitigating circumstances shall be punished with imprisonment from 07 to 15 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 109. Crime of activities aimed at overthrowing the people’s government

Anyone who organizes or participates in an organization with the aim of overthrowing the people’s government shall be punished as follows:

1. The organizer, instigator, active participant, or one causing serious consequences, shall be sentenced to 12 to 20 years of imprisonment, life imprisonment, or the death penalty;

2. Other complicits shall be sentenced to 5 to 12 years of imprisonment;

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 110. Crime of espionage

1. Anyone who commits one of the following acts shall be sentenced to 12 to 20 years of imprisonment, life imprisonment, or the death penalty:

a) Engaging in intelligence activities, sabotage, or creating conditions for intelligence and sabotage activities against the Socialist Republic of Vietnam;

b) Creating conditions for intelligence and sabotage activities under the direction of foreign countries; engaging in reconnaissance, pointing out targets, harboring, guiding, or carrying out other acts assisting foreigners in intelligence or sabotage activities;

c) Providing or collecting to provide state secrets to foreign countries; collecting or providing other information or documents with the purpose of allowing foreign countries to use them against the Socialist Republic of Vietnam.

2. Committing the crime under less serious circumstances shall be punishable by imprisonment from 05 years to 15 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

4. A person who has accepted to act as a spy but does not carry out the assigned task and voluntarily confesses, sincerely reporting to the competent state agency, shall be exempted from criminal liability for this crime.

Article 111. Crime of infringing upon territorial security

Anyone who infiltrates the territory, takes actions to distort national borders, or takes other actions aiming to harm the territorial security of the Socialist Republic of Vietnam shall be punished as follows:

1. Organizers, key participants, or those causing serious consequences shall be sentenced to imprisonment from 12 years to 20 years or life imprisonment;

2. Other accomplices shall be sentenced to imprisonment from 5 years to 15 years;

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 112. Crime of riots

Anyone who engages in armed activities or organized violence against the people's government shall be punished as follows:

1. Organizers, key participants, or those causing serious consequences shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment, or death;

2. Other accomplices shall be sentenced to imprisonment from 5 years to 15 years;

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 113. Terrorism against the people's government

1. Anyone who, with the intent to oppose the people's government, infringes on the life of officials, civil servants, or others, shall be sentenced to imprisonment from 12 years to 20 years, life imprisonment, or death.

2. Committing the crime in the following cases shall be punished by imprisonment from 10 years to 15 years:

a) Establishing or participating in a terrorist organization, or organizing terrorist financing;

b) Forcing, enticing, recruiting, training, or instructing terrorist elements; manufacturing or supplying weapons to terrorist elements;

c) Violating the personal freedom or health of officials, public servants, or others.

3. Committing the crime in cases of threatening to harm life or engaging in other acts that intimidate the spirit shall be punished by imprisonment from 5 years to 10 years.

4. Terrorizing individuals, foreign organizations, or international organizations to cause difficulties in the international relations of the Socialist Republic of Vietnam shall also be punished under this Article.

5. Persons preparing to commit this crime shall be punished by imprisonment from 1 year to 5 years.

Article 114. Crime of sabotaging material and technical facilities of the Socialist Republic of Vietnam

1. Anyone who, with the aim of opposing the people’s government, sabotages the material and technical foundations of the Socialist Republic of Vietnam in the fields of politics, national defense, security, economy, science and technology, culture, or society, shall be punished with imprisonment from 12 to 20 years, life imprisonment, or the death penalty.

2. Committing the crime under less serious circumstances shall be punishable by imprisonment from 05 years to 15 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 115. Crime of sabotaging the implementation of socio-economic policies

1. Anyone who, with the aim of opposing the people’s government, sabotages the implementation of socio-economic policies, shall be punished with imprisonment from 07 to 15 years.

2. Committing the crime in a less serious case shall be punished with imprisonment from 03 to 07 years.

3. Anyone who prepares to commit this crime shall be punished with imprisonment from 06 months to 03 years.

Article 116. Crime of sabotaging the solidarity policy

1. Anyone who carries out any of the following acts with the aim of opposing the people’s government shall be punished with imprisonment from 07 to 15 years:

a) Causing division among the classes of the people, between the people and the people’s government, with the people’s armed forces, and with political-social organizations;

b) Causing hatred, discrimination, division, ethnic separatism, infringing on the equality rights within the community of Vietnamese ethnic groups;

c) Causing division between those who follow religion and those who do not, among followers of different religions, dividing religious believers from the people’s government, and from political-social organizations;

d) Sabotaging the implementation of international solidarity policies.

2. Committing the crime in a less serious case shall be punished by imprisonment from 2 to 7 years.

3. Anyone who prepares to commit this crime shall be punished with imprisonment from 06 months to 03 years.

Article 117. Crime of making, storing, disseminating, or propagating information, documents, or items aimed against the Socialist Republic of Vietnam

1. Whoever has one of the following acts aimed at opposing the Socialist Republic of Vietnam shall be punished by imprisonment from 5 to 12 years:

a) Making, storing, disseminating or propagating information, documents, or items with content that distorts or slanders the people's government;

b) Making, storing, disseminating or propagating information, documents, or items with fabricated content that causes public confusion;

c) Making, storing, disseminating or propagating information, documents, or items that cause psychological warfare.

2. Committing the crime in cases of particularly serious circumstances shall be punishable by imprisonment from 10 years to 20 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 118. Crime of disturbing security

1. Anyone who, aiming against the people's government, incites, lures, or gathers many people to disturb security, oppose officials performing their duties, or obstruct the activities of agencies or organizations, if not falling under the provisions of Article 112 of this Code, shall be sentenced to imprisonment from 5 years to 15 years.

2. Other accomplices shall be sentenced to imprisonment from 2 years to 7 years.

3. Anyone who prepares to commit this crime shall be punished with imprisonment from 06 months to 03 years.

Article 119. Crime of sabotaging detention facilities

1. Anyone who, aiming to oppose the people's government, destroys detention facilities, organizes escapes from detention facilities, frees detained persons, escorts, or escapes from detention facilities, shall be punished with imprisonment from 10 to 20 years or life imprisonment.

2. Committing the offense in a less serious case shall be punished with imprisonment from 3 to 10 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 120. Crimes of organizing, coercing, or inciting others to flee abroad or stay abroad to oppose the people's government

1. Anyone who organizes, coerces, or incites others to flee abroad or stay abroad to oppose the people's government shall be punished with imprisonment from 5 to 15 years.

2. Committing the offense in a particularly serious case shall be punished with imprisonment from 12 to 20 years or life imprisonment.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 121. Crime of fleeing abroad or staying abroad to oppose the people's government

1. Anyone who flees abroad or stays abroad to oppose the people's government shall be sentenced to imprisonment from 3 years to 12 years.

2. If the crime is committed in particularly serious circumstances, the sentence shall be imprisonment from 12 years to 20 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

Article 122. Supplementary penalties

A person who commits a crime specified in this Chapter may also be deprived of certain civil rights, subjected to house arrest, prohibited from residing for 1 to 5 years, or have a part or all of their property confiscated.

Chapter XIV. CRIMES AGAINST LIFE,

HEALTH, HUMAN DIGNITY, HONOR OF A PERSON

Article 123. Crime of murder

1. Anyone who kills a person under one of the following cases shall be punished with imprisonment from 12 to 20 years, life imprisonment, or death:

a) Killing 2 or more people;

b) Killing a person under 16 years old;

c) Killing a woman knowing that she is pregnant;

d) Killing a person who is performing official duties or because of the victim's official duties;

d) Killing one's grandfather, grandmother, father, mother, foster parent, teacher, or instructor;

e) Killing a person immediately before or immediately after committing a very serious crime or an especially serious crime;

g) To commit or cover up another crime;

h) To take the victim's body parts;

i) Committing the crime in a brutal manner;

k) By taking advantage of one’s occupation;

l) By a method capable of killing many people;

m) Hiring a person to kill or being hired to kill;

n) Having a hooligan nature;

o) Being organized;

p) Dangerous recidivism;

q) For a base motive.

2. Those who commit crimes not falling under the cases specified in clause 1 of this Article shall be punished with imprisonment from 07 years to 15 years.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

4. The offender may also be prohibited from practicing a profession or performing certain jobs for 01 to 05 years, subjected to probation or banned from residing in certain areas for 01 to 05 years.

Article 124. Crime of killing or abandoning a newborn

1. Any mother who, under the severe influence of outdated thinking or in special objective circumstances, kills her own child within 07 days of birth, shall be punished with imprisonment from 06 months to 03 years.

2. Any mother who, under the severe influence of outdated thinking or in special objective circumstances, abandons her own child within 07 days of birth resulting in the child's death, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

Article 125. Crime of murder in a state of strong mental agitation

1. Whoever kills a person while in a state of strong mental agitation due to the serious illegal act of the victim against that person or against their relatives shall be subject to imprisonment from 6 months to 3 years.

2. If the crime is committed against 2 or more people, the sentence shall be imprisonment from 3 years to 7 years.

Article 126. Homicide due to exceeding the limits of legitimate defense or exceeding necessary measures when detaining an offender

1. Whoever kills a person in the case of exceeding the limits of legitimate defense or exceeding necessary measures when detaining an offender shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. If the crime is committed against 2 or more people, the sentence shall be imprisonment from 2 years to 5 years.

Article 127. Homicide committed while performing official duties

1. Anyone who, while performing official duties, causes the death of a person by using force beyond the cases permitted by law, shall be sentenced to imprisonment from 5 to 10 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 8 to 15 years:

a) Causing the death of 2 or more people;

b) Causing the death of a person under 16 years old, a woman known to be pregnant.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 128. Negligent Homicide

1. Anyone who negligently causes the death of a person shall be subject to non-custodial re-education for up to 3 years or imprisonment from 1 to 5 years.

2. Committing the crime causing the death of 2 or more people shall be punished with imprisonment from 3 to 10 years.

Article 129. Negligent Homicide due to Violation of Professional Rules or Administrative Regulations

1. Anyone who negligently causes the death of a person due to violation of professional rules or administrative regulations shall be punished with imprisonment from 1 to 5 years.

2. Committing the crime that causes the death of 2 or more people shall be punishable by imprisonment from 5 to 12 years.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 130. Crime of coercion to commit suicide

1. Whoever treats cruelly, regularly oppresses, mistreats, or humiliates a person under their control causing that person to commit suicide shall be punishable by imprisonment from 2 to 7 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Against 2 or more people;

b) Causing the death of a person under 16 years old, a woman known to be pregnant.

Article 131. Crime of inciting or assisting others to commit suicide

1. Whoever conducts one of the following acts shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Inciting, seducing, or prompting another person to take their own life;

b) Providing material or mental conditions for another person to take their own life.

2. Committing the crime causing 2 or more persons to commit suicide shall be punishable by imprisonment from 2 to 7 years.

Article 132. The crime of failing to help a person in a life-threatening situation

1. Anyone who sees another person in a life-threatening situation, having the means but does not help, leading to that person’s death, shall be subject to a warning, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) The person who does not help is the one who negligently caused the dangerous situation;

b) The person who does not help is a person who, by law or profession, has an obligation to provide assistance.

3. If the crime results in the death of two or more people, the penalty shall be imprisonment from 3 years to 7 years.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 133. The crime of threatening to kill

1. Whoever threatens to kill another person, if there are grounds causing the threatened person to fear that the threat will be carried out, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Against 2 or more people;

b) Exploiting a position or authority;

c) Against a person performing official duties or due to the victim's official duties;

d) Against a person under 16 years old;

d) To conceal or evade handling for another crime.

Article 134. Intentional infliction of injury or harm to the health of others

1. Whoever intentionally inflicts injury or causes harm to the health of another person, resulting in a body injury rate from 11% to 30% or below 11% but falls under one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Using dangerous weapons or methods that cause harm to two or more people;

b) Using sulfuric acid (H2SO4) or other dangerous chemicals to cause injury or harm to another person's health;

c) Causing minor disabilities to the victim;

d) Committing the crime two or more times;

e) Committing the crime against two or more people;

f) Against persons under 16 years old, women known to be pregnant, elderly, weak, sick, or others unable to defend themselves;

Amended and supplemented provisions:

g) Against one's grandparents, parents, guardians, teachers;

h) Being organized;

i) Taking advantage of position or authority;

k) Committing the crime while being detained, serving a prison sentence, or under compulsory educational, reform school, or compulsory rehabilitation measures;

l) Hiring to cause injury or harm to health, or causing injury or harm to health when hired;

m) Having a hooligan nature;

n) Dangerous recidivism;

o) For persons performing official duties or due to official duties of the victim.

2. Committing the crime of causing injury or harming the health of another person with a body injury rate from 11% to 30% but falling under one of the cases specified in points a, b, d, đ, e, g, h, i, k, l, m, n, and o of clause 1 of this Article, shall be punished by imprisonment from 02 years to 05 years.

3. Committing the crime of causing injury or harming the health of another person with a body injury rate from 31% to 60% shall be punished by imprisonment from 04 years to 07 years.

4. Committing the crime of causing injury or harming the health of another person with a body injury rate from 31% to 60%, but falling under one of the cases specified in points a, b, d, đ, e, g, h, i, k, l, m, n, and o of Clause 1 of this Article, shall be punishable by imprisonment from 07 years to 12 years.

5. Committing the crime of causing injury or harming the health of another person with a body injury rate of 61% or more, if it does not fall under the case specified in point c, Clause 6 of this Article or results in death, shall be punishable by imprisonment from 10 years to 15 years.

6. Committing the crime under one of the following cases shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

a) Causing the death of 2 or more people;

b) Causing injury or harming the health of 02 or more people with a body injury rate of each person being 61% or more;

c) Causing injury to the facial area of another person with a body injury rate of 61% or more.

7. A person preparing to commit this crime shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

Article 135. Deliberately causing injury or harm to another person's health in a highly agitated mental state

1. Anyone who intentionally causes injury or harm to another person's health, with a body injury rate from 31% to 60%, while in a highly agitated mental state due to serious unlawful acts of the victim against that person or their relatives, shall be subject to a fine of 10,000,000 VND to 50,000,000 VND or non-custodial reform for up to 3 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 6 months to 3 years:

a) Against 2 or more people, with the body injury rate of each person being from 31% to 60%;

b) Causing injury or causing harm to another person's health with a body injury rate of 61% or more, or resulting in death.

Article 136. Intentional injury or causing harm to the health of another person due to exceeding the limits of legitimate defense or due to exceeding the necessary limits when apprehending a criminal

1. Anyone who intentionally causes injury or causes harm to the health of another person with a body injury rate from 31% to 60% due to exceeding the limits of legitimate defense or exceeding the necessary limits when apprehending a criminal, shall be fined from 5,000,000 VND to 20,000,000 VND or subjected to non-custodial reform for up to 03 years.

2. Committing the offense in any of the following cases shall be punishable by imprisonment from 03 months to 02 years:

a) Against 2 or more people, with the body injury rate of each person being from 31% to 60%;

b) Causing injury or causing harm to another person's health with a body injury rate of 61% or more.

3. Committing a crime that leads to a person's death or causes injury or health damage to two or more people, where the rate of bodily harm for each person is 61% or more, shall be punishable by imprisonment from 01 year to 03 years.

Article 137. Crime of causing injury or health damage to others while performing official duties

1. Anyone who, while performing official duties, uses force beyond the circumstances permitted by law causing injury or health damage to others with a bodily harm rate from 31% to 60%, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) For two or more people, where the rate of bodily harm for each person is 31% or more;

b) Causing injury or health damage to others with a bodily harm rate of 61% or more;

c) For persons under 16 years old, women who are known to be pregnant, elderly, weak, sick, or others who are unable to defend themselves.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 138. Negligent Infliction of Injury or Harm to Another Person's Health

1. Anyone who negligently causes injury or harm to another person's health with a body injury rate from 31% to 60% shall be subject to a warning, a fine from 5,000,000 VND to 20,000,000 VND, or non-custodial reform for up to 3 years.

2. Committing the offense in any of the following cases shall be punishable by imprisonment from 03 months to 02 years:

a) Against 2 or more people, with the body injury rate of each person being from 31% to 60%;

b) Causing injury or causing harm to another person's health with a body injury rate of 61% or more.

3. If the offense is committed against 2 or more people and each person's body injury rate is 61% or higher, the sentence shall be imprisonment from 1 year to 3 years.

Article 139. Negligent Infliction of Injury or Harm to Another Person's Health Due to Violation of Professional Rules or Administrative Regulations

1. Anyone who unintentionally causes injury or harms the health of another person due to violation of professional rules or administrative regulations, resulting in a bodily injury rate of 31% to 60%, shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned for 3 months to 1 year.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 6 months to 3 years:

a) Against 2 or more people, with the body injury rate of each person being from 31% to 60%;

b) Causing injury or causing harm to another person's health with a body injury rate of 61% or more.

3. If the crime is committed against 2 or more people, each with a bodily injury rate of 61% or more, the offender shall be imprisoned for 1 year to 5 years.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 140. Crime of Torturing Others

1. Anyone who cruelly treats or humiliates a dependent without falling under the cases stipulated in Article 185 of this Code shall be subjected to non-custodial reform for up to 3 years or imprisoned for 3 months to 2 years.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Against a person under 16 years old, a woman known to be pregnant, an elderly, weak, or sick person, or another person incapable of self-defense;

b) Causing mental and behavioral disorders of the victim of 11% or more;

c) Against 02 or more persons.

Article 141. Rape

1. Whoever uses force, threatens to use force, or takes advantage of the victim's inability to defend themselves, or by other means, has sexual intercourse or performs other sexual acts against the victim's will, shall be sentenced to imprisonment from 2 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Against a person whom the offender is responsible for caring, educating, or treating;

c) Multiple people rape one person;

d) Committing the crime two or more times;

d) Against 02 or more persons;

e) Incestuous in nature;

g) Causes the victim to become pregnant;

h) Causes injury or harm to the victim's health with a body injury rate from 31% to 60%;

i) Causes mental and behavioral disorders of the victim from 11% to 45%;

k) Dangerous recidivism.

3. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

a) Causing injury or harm to the victim's health with a body injury rate of 61% or higher;

b) Knowing that one is infected with HIV but still committing the crime;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Causing the victim's death or suicide.

4. Committing a crime against a person from 16 years old to under 18 years old shall be punishable by imprisonment from 5 years to 10 years. Committing a crime under one of the cases prescribed in Clause 2 or Clause 3 of this Article shall be punished according to the penalty level specified in those clauses.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 142. Rape of a person under 16 years old

1. Anyone who commits one of the following acts shall be sentenced to imprisonment from 7 years to 15 years:

a) Using force, threatening to use force, or taking advantage of the victim's inability to defend themselves, or using other means to have sexual intercourse or engage in other sexual acts with a person from 13 to under 16 years old against their will;

b) Having sexual intercourse or engaging in other sexual acts with a person under 13 years old.

2. Committing the crime in one of the following circumstances shall be sentenced to imprisonment from 12 years to 20 years:

a) Of an incestuous nature;

b) Causing the victim to become pregnant;

c) Causing injury or harm to the victim's health with a bodily injury rate from 31% to 60%;

d) Causing mental and behavioral disorders in the victim from 11% to 45%;

d) For a person whom the offender has the responsibility to take care of, educate, or treat;

e) Committing a crime 2 times or more; g) Involving 2 people or more; h) Dangerous recidivism.

3. Committing a crime under one of the following circumstances shall be punished by 20 years of imprisonment, life imprisonment, or death penalty:

a) Organized;

(b) Multiple people rape one person;

(c) Committing a crime against a person under 10 years old;

(d) Causing injury or harm to the victim's health with a body injury rate of 61% or more;

(đ) Causing mental and behavioral disorder to the victim of 46% or more;

(e) Knowing they are infected with HIV and still committing the crime;

(g) Causing the victim to die or commit suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 143. The crime of rape

1. Anyone who uses any means to make a dependent person or a person in a helpless situation forcibly engage in intercourse or forcibly perform another sexual act shall be punished with imprisonment from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

(a) Multiple people rape one person;

(b) Rape 02 times or more;

(c) Rape 02 people or more;

(d) Having incestuous characteristics;

(đ) Causing the victim to become pregnant;

e) Causing injury or harming the health of the victim with a body injury rate from 31% to 60%;

g) Causing mental and behavioral disorders in the victim from 11% to 45%;

h) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punishable by imprisonment from 10 years to 18 years:

a) Causing injury or harm to the victim's health with a body injury rate of 61% or higher;

b) Causing mental and behavioral disorders in the victim of 46% or more;

c) Knowing they are infected with HIV but still committing the crime;

d) Causing the victim's death or suicide.

4. Raping a person from 16 years old to under 18 years old shall be punishable by imprisonment from 2 years to 7 years. Committing the crime in one of the cases prescribed in Clause 2 or Clause 3 of this Article shall be punished according to the penalty level prescribed in those clauses.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 144. Rape of a person from 13 years old to under 16 years old

1. Anyone who uses any means to force a person from 13 years old to under 16 years old who is dependent on them or in a desperate situation to engage in sexual intercourse or other sexual acts against their will shall be subject to imprisonment from 5 to 10 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Of an incestuous nature;

b) Causing the victim to become pregnant;

c) Causing injury or harm to the victim's health with a bodily injury rate from 31% to 60%;

d) Causing mental and behavioral disorders in the victim from 11% to 45%;

d) Committing the crime two or more times;

e) Involving two or more people;

g) Dangerous recidivism.

3. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

(a) Multiple people rape one person;

b) Causing injury or harming the victim's health with a body injury rate of 61% or more;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Knowing they are infected with HIV and still committing the crime;

đ) Causing the victim's death or suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 145. Crime of intercourse or performing other sexual acts with a person from 13 years old to under 16 years old

1. A person 18 years old or older who has intercourse or performs other sexual acts with a person from 13 years old to under 16 years old, if not falling under the cases specified in Articles 142 and 144 of this Code, shall be punished with imprisonment from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) Of an incestuous nature;

d) Causing the victim to become pregnant;

e) Causing injury or harm to the health of the victim where the rate of body harm is from 31% to 60%;

f) Against a person for whom the offender has responsibility to care for, educate, or treat.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing injury or harm to the victim's health with a body injury rate of 61% or higher;

b) Knowing oneself to be infected with HIV but still committing the crime.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 146. Crime of molestation against a person under 16 years old

1. Any person aged 18 or older who commits acts of indecency against a person under 16 without the intent of intercourse or other sexual acts shall be punished with imprisonment from 6 months to 3 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Committing the crime in an organized manner;

b) Committing the crime 2 times or more;

c) Against 2 or more persons;

d) Against a person for whom the offender has responsibility for care, education, or medical treatment;

đ) Causing mental and behavioral disorders to the victim from 11% to 45%;

e) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing mental and behavioral disorders to the victim of 46% or more;

b) Causing the victim to commit suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 147. Crime of using a person under 16 for pornographic purposes

1. Anyone aged 18 or older who lures, seduces, or forces a person under 16 to perform pornography or directly witnesses the performance of pornography in any form shall be sentenced to imprisonment from 6 months to 3 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Committing the crime in an organized manner;

b) Committing the crime 2 times or more;

c) Against 2 or more persons;

d) Against a person for whom the offender has responsibility for care, education, or medical treatment;

d) For commercial purposes;

e) Causing mental and behavioral disorders to the victim ranging from 11% to 45%;

g) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing mental and behavioral disorders to the victim of 46% or more;

b) Causing the victim to commit suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 148. Crime of transmitting HIV to others

1. Anyone who knows they are infected with HIV and intentionally transmits HIV to others, except when the victim is already aware of the HIV status of the infected person and voluntarily engages in sexual activity, shall be sentenced to imprisonment from 1 year to 3 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Against 2 or more people;

b) For persons under 18 years old;

c) For pregnant women who are known to be pregnant;

d) For doctors or medical staff directly treating themselves;

d) For persons performing official duties or due to the official reason of the victim.

Article 149. Crime of intentionally transmitting HIV to others

1. Anyone who intentionally transmits HIV to another person, if not falling under the cases prescribed in Article 148 of this Code, shall be sentenced to imprisonment from 3 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) For persons who are performing official duties or because of the victim's official duties;

c) For persons under 18 years old;

d) For from 2 to 5 people;

dd) Exploiting professional occupation;

e) Causing mental and behavioral disorders to the victim from 11% to 45%.

3. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

a) For women who knew they were pregnant;

b) For 6 or more people;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Causing the victim to commit suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 150. Crime of human trafficking

1. Anyone who uses force, threatens to use force, deceives, or by other means commits any of the following acts shall be subject to imprisonment from 05 years to 10 years:

a) Transferring or receiving a person to hand over or receive money, property, or other material benefits;

b) Transferring or receiving a person for sexual exploitation, forced labor, removing the victim's body parts, or for other inhumane purposes;

c) Recruiting, transporting, or harboring others to carry out the acts specified in points a or b of this clause.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 8 to 15 years:

a) Organized;

b) Out of despicable motives;

c) Causing mental and behavioral disorders of the victim from 11% to 45%;

d) Causing injury or harming the health of the victim with a body injury rate of 31% or more, except as provided in point b clause 3 of this Article;

d) Taking the victim beyond the borders of the Socialist Republic of Vietnam;

e) For from 02 to 05 people;

g) Committing the crime 02 times or more.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Having a professional nature;

b) Having taken body parts of the victim;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Causing the victim to die or commit suicide;

đ) For 06 people or more;

e) Dangerous recidivism.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, subject to probation, residence prohibition from 01 year to 05 years, or confiscation of part or all of the property.

Article 151. Human trafficking involving persons under 16 years old

1. Anyone who commits one of the following acts shall be punished with imprisonment from 07 years to 12 years:

a) Transferring or receiving a person under 16 years old in exchange for money, property, or other material benefits except for humanitarian purposes;

b) Transferring or receiving a person under 16 years old for sexual exploitation, forced labor, taking body parts, or other inhumane purposes;

c) Recruiting, transporting, harboring persons under 16 years old to commit acts specified in points a or b of this clause.

2. Committing the crime in one of the following circumstances shall be sentenced to imprisonment from 12 years to 20 years:

a) Exploiting position or authority;

b) Exploiting adoption activities to commit crimes;

c) Concerning from 2 to 5 persons;

d) Concerning persons whom one is responsible for caring for and nurturing;

d) Taking the victim beyond the borders of the Socialist Republic of Vietnam;

e) Committing the crime 2 or more times;

g) For despicable motives;

h) Causing mental disorder and behavioral disturbance to the victim from 11% to 45%;

i) Causing injury or harm to the victim's health with a body injury rate of 31% or more, except for cases specified in point d of clause 3 of this Article.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 18 to 20 years or life imprisonment:

a) Organized;

b) Being of a professional nature;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Having taken the victim's body parts;

dd) Causing the victim's death or suicide;

e) Concerning 6 or more persons;

g) Dangerous recidivism.

4. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from holding a position, banned from practicing a profession or performing certain jobs for 01 to 05 years, subject to probation from 01 to 05 years, or have part or all of their assets confiscated.

Article 152. Crime of substituting a child under 01 year old

1. Whoever substitutes a child under 01 year old with another child under 01 year old shall be sentenced to 02 to 05 years of imprisonment.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Taking advantage of position, authority, or profession;

c) For a person under 1 year old for whom one has the responsibility to care for and nurture;

d) Committing the crime 2 times or more.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Having a professional nature;

b) Dangerous recidivism.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

Article 153. Crime of abducting a person under 16 years old

1. Anyone who uses force, threatens to use force, or other means to seize or hand over a person under 16 years old to others to seize shall be punished with imprisonment from 3 years to 7 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Taking advantage of position, authority, or profession;

c) For a person for whom one has the responsibility to care for and nurture;

d) For from 2 to 5 people;

d) Committing the crime two or more times;

e) Causing mental and behavioral disorders to the victim ranging from 11% to 45%;

g) Causing injury or harming the health of the victim with a body injury rate of 31% or more.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Having a professional nature;

b) For 6 or more people;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Causing the death of the victim;

dd) Dangerous recidivism.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND; prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

Article 154. Crime of buying, selling, or appropriating human tissue or body parts

1. Anyone who buys, sells, or appropriates the tissue or body parts of another person shall be sentenced to imprisonment from 3 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) For commercial purposes;

c) Abusing position, authority, or profession;

d) For from 2 to 5 people;

d) Committing the crime two or more times;

e) Causing injury or harm to the health of another person with a body injury rate from 31% to 60%.

3. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

a) Having a professional nature;

b) Causing injury or harm to the health of another person with a body injury rate of 61% or more;

c) Involving 6 or more people;

d) Causing death;

dd) Dangerous recidivism.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

Article 155. Crime of humiliating another person

1. Anyone who seriously insults the dignity or honor of another person shall be subject to a warning, a fine from 10,000,000 VND to 30,000,000 VND, or non-custodial reform up to 03 years.

2. Committing the offense in any of the following cases shall be punishable by imprisonment from 03 months to 02 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) Taking advantage of their position or authority;

d) Against a person performing official duties;

đ) Against a person who teaches, nurtures, cares for, or treats them;

e) Using a computer network, telecommunications network, or electronic means to commit the offense;

g) Causing mental and behavioral disorders in the victim from 11% to 45%.

3. Committing the offense in one of the following cases shall be punishable by imprisonment from 02 years to 05 years:

a) Causing mental and behavioral disorders to the victim of 46% or more;

b) Causing the victim to commit suicide.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 156. Defamation

1. Anyone who performs one of the following acts shall be fined from 10,000,000 VND to 50,000,000 VND, subject to non-custodial reform up to 02 years, or imprisonment from 03 months to 01 year:

a) Fabricating or spreading information known to be false in order to seriously offend someone's dignity, honor, or cause damage to the lawful rights and interests of others;

b) Falsely accusing someone of committing a crime and reporting them to the competent authorities.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Organized;

b) Exploiting a position or authority;

c) Against 2 or more persons;

d) Against elderly persons, parents, teachers, caregivers, educators, or medical practitioners of oneself;

d) Against persons performing official duties;

e) Using a computer network, telecommunications network, or electronic means to commit the offense;

g) Causing mental and behavioral disorders in the victim from 11% to 45%;

h) Slandering someone for committing very serious or especially serious crimes.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) For despicable motives;

b) Causing mental and behavioral disorders in the victim of 46% or more;

c) Causing the victim to commit suicide.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

Chapter XV. CRIMES VIOLATING HUMAN FREEDOMS,

FREEDOM AND DEMOCRACY OF CITIZENS

Article 157. Crime of unlawfully arresting, detaining, or imprisoning a person

1. Anyone who arrests, detains, or imprisons a person illegally, if not falling under the cases prescribed in Article 377 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the crime falls under one of the following cases, the penalty shall be imprisonment from 02 years to 07 years:

a) Organized;

b) Exploiting a position or authority;

c) Against a person performing official duties;

d) Committing the crime two or more times;

d) Against 02 or more persons;

e) Against a person under 18 years old, a woman known to be pregnant, an elderly or weak person, or a person unable to defend themselves;

g) Causing the family of the detained or imprisoned person to fall into difficult, desperate circumstances;

h) Causing mental disorder and behavioral disturbance of a person who is illegally arrested, detained, or imprisoned from 11% to 45%.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Causing a person who is unlawfully detained, held, or imprisoned to die or commit suicide;

b) Torturing, treating, or punishing the victim in a cruel, inhumane manner, or humiliating their dignity;

c) Causing mental and behavioral disorder in a person who is unlawfully detained, held, or imprisoned by 46% or more.

4. The offender may also be prohibited from holding certain positions for 01 to 05 years.

Article 158. Crime of infringing upon another person's residence

1. Anyone who commits any of the following acts of infringing upon another person's residence shall be subject to a non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years:

a) Illegally searching another person's residence;

b) Using force, threatening to use force, causing mental pressure, or other illegal means to compel someone to leave their lawful residence;

c) Using any illegal means to occupy or keep a residence or unlawfully prevent the person currently residing in or legally managing the residence from entering their residence;

d) Illegally entering another person's residence without the consent of the homeowner or legal manager.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Organized;

b) Exploiting a position or authority;

c) Commit the crime two or more times;

d) Causing the person whose residence was invaded to commit suicide;

de) Negatively affecting security, public order, and social safety.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 159. Crime of infringing on the secrecy or safety of another person's mail, telephone, telegraph, or other forms of private information exchange

1. Anyone who commits one of the following acts, having already been disciplined or administratively sanctioned for this act, and still violates it, shall be subject to a warning, a fine from 20,000,000 VND to 50,000,000 VND, or non-custodial reform for up to 03 years:

a) Appropriating the mail, telegrams, telex, fax, or other documents of another person transmitted via postal or telecommunications networks in any form;

b) Intentionally damaging, losing, or deliberately taking the information or contents of letters, telegrams, telexes, faxes, or other documents of others transmitted through the postal or telecommunications network;

c) Listening to or recording conversations illegally;

d) Illegally inspecting or confiscating letters and telegrams;

d) Other acts infringing the confidentiality or safety of another person's mail, telephone, telegraph, telex, fax, or other forms of private information exchange.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Organized;

b) Exploiting a position or authority;

c) Commit the crime two or more times;

d) Disclosing information that has been obtained, affecting the honor, reputation, and dignity of another person;

d) Causing the victim to commit suicide.

3. The offender may also be fined from 5,000,000 VND to 20,000,000 VND and prohibited from holding certain positions for 01 to 05 years.

Article 160. Crime of infringing upon citizens' rights to vote, be elected, or vote in a national referendum

1. Anyone who deceives, bribés, coerces, or uses other means to prevent citizens from exercising their right to vote, be elected, or vote in a national referendum shall be warned, subjected to non-custodial reform for up to 01 year, or imprisoned from 03 months to 01 year.

2. If the crime falls under one of the following cases, the offender shall be imprisoned from 01 year to 02 years:

a) Organized;

b) Exploiting a position or authority;

c) Leading to the postponement of the election day, re-election, or the postponement of a national referendum.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 161. Crime of falsifying election results or national referendum results

1. Anyone who is responsible for organizing or supervising elections, organizing referendums, and forges documents, manipulates votes, or uses other methods to distort election results or referendum results, shall be subject to non-custodial reform up to 2 years or imprisonment from 3 months to 2 years.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Organized;

b) Leading to the necessity of reorganizing the election or referendum.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 162. Crime of forcing officials, civil servants to resign or unlawfully dismissing employees

1. Anyone who, for profit or other personal motives, commits any of the following acts causing the person dismissed or their family to be in difficulty or leading to strikes, shall be fined from 10,000,000 VND to 100,000,000 VND, subject to non-custodial reform up to 1 year, or imprisonment from 3 months to 1 year:

a) Making a decision to unlawfully force an official or civil servant to resign;

b) Unlawful dismissal of employees;

c) Forcing or threatening employees, civil servants, or public employees to resign.

2. If the offense falls under one of the following cases, the penalty shall be a fine ranging from 100,000,000 VND to 200,000,000 VND or imprisonment from 1 year to 3 years:

a) Against 2 or more people;

b) Against a woman known to be pregnant;

c) Against a person who is nursing a child under 12 months old;

d) Causing the person forced to resign or dismissed to commit suicide.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 163. Crime of infringing on the right of citizens to assemble and form associations

1. Whoever uses force, threatens to use force, or uses other means to prevent or coerce others from forming lawful associations or assemblies, and has already been disciplined or administratively sanctioned for any of these acts but still violates it, shall be subject to non-custodial reform for up to 1 year or imprisonment from 3 months to 1 year.

2. If the offense falls under one of the following cases, the penalty shall be imprisonment from 1 year to 3 years:

a) Organized;

b) Exploiting a position or authority;

c) Commit the crime two or more times;

d) Leading to a protest;

de) Negatively affecting security, public order, and social safety.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 164. Crime of infringing upon the freedom of belief and religion of others

1. Anyone who uses force, threatens to use force, or uses other means to prevent or compel others to exercise the freedom of belief and religion, whether following a religion or not, who has already been disciplined or administratively sanctioned for one of these acts and still violates, shall be subject to non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Organized;

b) Exploiting a position or authority;

c) Commit the crime two or more times;

d) Leading to a protest;

de) Negatively affecting security, public order, and social safety.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 165. Crime of infringing upon gender equality

1. Anyone who, due to gender reasons, commits acts in any form that obstruct others from participating in activities in the fields of politics, economy, labor, education and training, science and technology, culture, information, physical education, sports, or healthcare, and has already been disciplined or administratively sanctioned for this act but continues to violate, shall be subject to a warning, a fine ranging from 5,000,000 VND to 50,000,000 VND, or non-custodial correction for up to 2 years.

2. If the offense falls into one of the following cases, the person shall be subject to a fine ranging from 50,000,000 VND to 100,000,000 VND or imprisonment from 3 months to 2 years:

a) Exploiting position or authority;

b) Committing the crime 2 times or more;

c) Against 02 or more persons.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 166. Crime of infringing the right to complain and denounce

1. Whoever conducts one of the following acts shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Using force, threatening to use force, or other acts that obstruct complaints and denunciations, the examination and handling of complaints and denunciations, or the handling of persons subject to complaints and denunciations;

b) Abusing position or authority to obstruct the implementation of decisions by competent authorities in examining and resolving complaints and denunciations, causing damage to the complainant or denouncer.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Retaliating against complainants or denouncers;

c) Abusing position or authority to commit acts specified in point a, clause 1 of this Article;

d) Leading to a protest;

d) Causing a complainant or denouncer to commit suicide.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 167. Crime of violating the right to freedom of speech, freedom of the press, access to information, and citizens' right to protest

1. Anyone who uses force, threatens to use force, or other means to prevent citizens from exercising the right to freedom of speech, freedom of the press, access to information, and the right to protest, and who has already been disciplined or administratively sanctioned for any of these acts and continues to violate, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Organized;

b) Exploiting a position or authority;

c) Causing a negative impact on security, order, and social safety.

3. The offender may also be prohibited from holding a position for 01 to 05 years.

Chapter XVI. CRIMES AGAINST PROPERTY

Article 168. Robbery

1. Anyone who uses force, threatens to use force immediately, or engages in other acts that render the victim unable to resist in order to appropriate property shall be punished by imprisonment from 03 to 10 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Being of a professional nature;

c) Causing injury or harm to another person's health with a bodily injury rate from 11% to 30%;

d) Using weapons, means, or other dangerous methods;

dd) Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

e) Committing the offense against a person under 16 years old, a woman known to be pregnant, an elderly or weak person, or a person unable to defend themselves;

g) Causing adverse effects on security, order, and social safety;

h) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Causing injury or harm to another person's health with a body injury rate from 31% to 60%;

c) Taking advantage of natural disasters or epidemics.

4. If the crime falls under one of the following cases, the penalty is imprisonment from 18 to 20 years or life imprisonment:

a) Appropriating property worth 500,000,000 VND or more;

b) Causing injury or harm to the health of one person with a body injury rate of 61% or more, or causing injury or harm to the health of two or more people with a body injury rate of each person 31% or more;

c) Causing death;

d) Taking advantage of the circumstances of war or a state of emergency.

5. Persons preparing to commit this crime shall be punished by imprisonment from 1 year to 5 years.

6. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, subjected to probation, prohibited from residing in certain areas for 01 to 05 years, or have part or all of their property confiscated.

Article 169. Kidnapping for the purpose of appropriating property

1. Anyone who kidnaps another person as a hostage to appropriate property shall be punished with imprisonment from 02 to 07 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Organized;

b) Being of a professional nature;

c) Using weapons, means, or other dangerous methods;

d) Against a person under 16 years old;

d) Against 02 or more persons;

e) Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

g) Causing injury or harming the health of the kidnapped person with a body damage rate from 11% to 30%;

h) Causing mental disorder and behavioral disturbance to the victim from 11% to 45%;

i) Causing adverse effects on security, order, and social safety;

k) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punishable by imprisonment from 10 years to 18 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Causing injury or harming the health of the kidnapped person with a body damage rate from 31% to 60%;

c) Causing mental and behavioral disorders to the victim at 46% or more.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Appropriating property worth 500,000,000 VND or more;

b) Causing injury or harm to the health of one person with a body injury rate of 61% or more, or causing injury or harm to the health of two or more people with a body injury rate of each person 31% or more;

c) Causing mental and behavioral disorders in 2 or more people with the rate of each person being 46% or higher;

d) Causing death.

5. Persons preparing to commit this crime shall be punished by imprisonment from 1 year to 5 years.

6. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, subjected to probation, prohibited from residing in certain areas for 01 to 05 years, or have part or all of their property confiscated.

Article 170. Crime of Extortion

1. Anyone who threatens to use force or employs other methods to intimidate the mind of another person in order to appropriate property shall be punished with imprisonment from 1 year to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) Being of a professional nature;

c) Committing the crime against a person under 16 years old, a woman known to be pregnant, elderly or weak people, or those incapable of self-defense;

d) Appropriating property valued from 50,000,000 VND to less than 200,000,000 VND;

đ) Causing adverse impacts on security, order, and social safety;

e) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Taking advantage of natural disasters or epidemics.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Appropriating property worth 500,000,000 VND or more;

b) Taking advantage of war circumstances or a state of emergency.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND or have part or all of their property confiscated.

Article 171. Crime of snatching property

1. Whoever snatches property from another person shall be sentenced to imprisonment from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) Being of a professional nature;

c) Misappropriating property valued from 50,000,000 VND to under 200,000,000 VND;

d) Using dangerous methods;

dd) Assaulting to escape;

e) Causing injury or harming the health of another person with a bodily injury rate from 11% to 30%;

g) Committing the crime against a person under 16 years old, a woman known to be pregnant, an elderly or weak person, or a person unable to defend themselves;

h) Causing adverse effects on security, order, and social safety;

i) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Causing injury or harm to another person's health with a body injury rate from 31% to 60%;

c) Taking advantage of natural disasters or epidemics.

4. Committing the crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) Appropriating property worth 500,000,000 VND or more;

b) Causing injury or harm to the health of one person with a body injury rate of 61% or more, or causing injury or harm to the health of two or more people with a body injury rate of each person 31% or more;

c) Causing death;

d) Taking advantage of the circumstances of war or a state of emergency.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND.

Article 172. Crime of Publicly Appropriating Property

1. Anyone who publicly appropriates another person's property worth from 2,000,000 VND to under 50,000,000 VND, or under 2,000,000 VND but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Has been administratively sanctioned for acts of appropriating property but still commits the act;

b) Has been convicted of this crime or one of the crimes stipulated in Articles 168, 169, 170, 171, 173, 174, 175, and 290 of this Code, has not been forgiven, but still commits the act;

c) Causes a negative impact on security, order, and social safety;

d) Property is the main means of livelihood for the victim and their family; property is a keepsake, relic, or worship item with special spiritual value to the victim.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

b) Assaulting to escape;

c) Dangerous recidivism;

d) Appropriating relief goods;

e) Openly appropriating property valued from 2,000,000 VND to under 50,000,000 VND but falling under one of the cases specified in points a, b, c, and d of clause 1 of this Article.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Openly appropriating property valued from 50,000,000 VND to under 200,000,000 VND but falling under one of the cases specified in points a, b, c, and d of clause 1 of this Article;

c) Taking advantage of natural disasters or epidemics.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Appropriating property worth 500,000,000 VND or more;

b) Openly appropriating property valued from 200,000,000 VND to under 500,000,000 VND but falling under one of the cases specified in points a, b, c, and d of clause 1 of this Article.

c) Taking advantage of the circumstances of war or emergency situations.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND.

Article 173. Theft of property

1. Anyone who steals someone else's property valued from 2,000,000 VND to under 50,000,000 VND, or under 2,000,000 VND but falls under one of the following cases, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Has been administratively sanctioned for acts of appropriating property but still commits the act;

b) Has been convicted of this crime or one of the crimes prescribed in Articles 168, 169, 170, 171, 172, 174, 175, and 290 of this Code and has not had the conviction expunged and still commits violations;

c) Causes a negative impact on security, order, and social safety;

d) Property is the main means of livelihood for the victim and their family; property is a keepsake, relic, or worship item with special spiritual value to the victim.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Being of a professional nature;

c) Misappropriating property valued from 50,000,000 VND to under 200,000,000 VND;

d) Uses cunning or dangerous methods;

dd) Assaulting to escape;

e) Steals property valued from 2,000,000 VND to under 50,000,000 VND but falls under one of the cases prescribed in points a, b, c, and d, Clause 1 of this Article;

g) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Steals property valued from 50,000,000 VND to under 200,000,000 VND but falls under one of the cases prescribed in points a, b, c, and d, Clause 1 of this Article;

c) Taking advantage of natural disasters or epidemics.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Appropriating property worth 500,000,000 VND or more;

b) Theft of property valued from 200,000,000 VND to under 500,000,000 VND but falling into one of the cases specified in points a, b, c, and d of Clause 1 of this Article;

c) Taking advantage of the circumstances of war or emergency situations.

5. The offender may also be subject to a fine from 5,000,000 VND to 50,000,000 VND.

Article 174. Crime of fraudulently appropriating property

1. Anyone who, by deceitful means, appropriates property of others valued from 2,000,000 VND to under 50,000,000 VND or under 2,000,000 VND but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Has been administratively sanctioned for acts of appropriating property but still commits the act;

b) Has previously been convicted of this crime or one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175, and 290 of this Code, and the conviction has not been expunged, and still commits the crime;

c) Causes a negative impact on security, order, and social safety;

d) Property is the main means of livelihood for the victim and their family; property is a keepsake, relic, or worship item with special spiritual value to the victim.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Being of a professional nature;

c) Misappropriating property valued from 50,000,000 VND to under 200,000,000 VND;

d) Dangerous recidivism;

dd) Takes advantage of position, authority, or the name of an agency or organization;

e) Uses deceitful means;

g) Embezzling property worth from 2,000,000 VND to under 50,000,000 VND but falling under one of the cases prescribed in points a, b, c, and d of clause 1 of this Article.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Embezzling property worth from 50,000,000 VND to under 200,000,000 VND but falling under one of the cases prescribed in points a, b, c, and d of clause 1 of this Article;

c) Taking advantage of natural disasters or epidemics.

4. Committing the crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) Appropriating property worth 500,000,000 VND or more;

b) Embezzling property worth from 200,000,000 VND to under 500,000,000 VND but falling under one of the cases prescribed in points a, b, c, and d of clause 1 of this Article;

c) Taking advantage of the circumstances of war or emergency situations.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, banned from practicing a profession or performing certain jobs from 01 to 05 years, or have part or all of their assets confiscated.

Article 175. Crime of abusing trust to appropriate property

1. Anyone who commits one of the following acts to appropriate another person's property valued from 4,000,000 VND to under 50,000,000 VND, or under 4,000,000 VND but has already been administratively sanctioned for the act of appropriation, or has been convicted of this crime or any of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 174, and 290 of this Code, and has not had their criminal record expunged but continues to violate, or if the property is the victim's main means of livelihood, or if the property has special spiritual value to the victim, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Borrowing, lending, renting someone else's property, or receiving property from others through contractual forms and then using fraudulent means to appropriate that property, or when it comes time to return the property, despite having the conditions and ability, deliberately not returning it;

b) Borrowing, lending, renting someone else's property, or receiving property from others through contractual forms and using that property for illegal purposes, leading to an inability to return the property.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Being of a professional nature;

c) Appropriating property valued from 50,000,000 VND to under 200,000,000 VND; d) Exploiting position, authority, or taking advantage of the name of an agency or organization; đ) Using deceitful methods;

e) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Negatively affect security, order, and social safety.

4. Committing the crime of appropriating property valued at 500,000,000 VND or more shall be punishable by imprisonment from 12 years to 20 years.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, be prohibited from holding a position, banned from practicing a profession or performing certain jobs for 01 to 05 years, or have a portion or all of their property confiscated.

Article 176. Crime of illegal possession of property

1. Whoever intentionally refuses to return to the owner, legal manager, or fails to deliver to the competent authority property valued from 10,000,000 VND to less than 200,000,000 VND, relics, antiques, or objects of historical or cultural value that were misdelivered or that they found or captured, after the owner, legal manager, or competent authority requested to retrieve such property in accordance with the law, shall be fined from 10,000,000 VND to 50,000,000 VND, sentenced to non-custodial reform for up to 02 years, or imprisoned from 03 months to 02 years.

2. Committing the crime of unlawfully appropriating property valued at 200,000,000 VND or more, or national treasures, shall be punishable by imprisonment from 1 year to 5 years.

Article 177. The crime of unauthorized use of property

1. Whoever, for personal gain, unlawfully uses the property of another person valued from 100,000,000 VND to under 500,000,000 VND, and has already been disciplined, administratively fined for this act, or convicted of this crime, not yet expunged, but still violates, or if the property is relics, antiques, or items of historical or cultural value, except in cases specified in Article 220 of this Code, shall be fined from 10,000,000 VND to 50,000,000 VND, subjected to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.

2. Committing a crime under one of the following cases shall be punished with a fine of from 50,000,000 VND to 100,000,000 VND or imprisonment from 01 year to 05 years:

a) Property valued from 500,000,000 VND to under 1,500,000,000 VND;

b) Property that is a national treasure;

c) Commit the crime two or more times;

d) Taking advantage of one's position or authority;

dd) Dangerous recidivism.

3. Committing the crime of unlawful use of property valued at 1,500,000,000 VND or more shall be punished with imprisonment from 03 years to 07 years.

4. The offender may also be fined from 5,000,000 VND to 20,000,000 VND, be prohibited from holding a position, be banned from practicing a profession, or from performing certain work for a period from 01 year to 05 years.

Article 178. Crime of destroying or intentionally damaging property

1. Anyone who destroys or intentionally damages another person's property valued from 2,000,000 VND to under 50,000,000 VND, property that is an artifact, antique, or item of historical or cultural value, or property valued under 2,000,000 VND but falls under one of the following cases, shall be fined from 10,000,000 VND to 50,000,000 VND, sentenced to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

a) Has been administratively sanctioned for acts of appropriating property but still commits the act;

b) Has been convicted of this crime and has not had the sentence expunged but still violates it;

c) Causes a negative impact on security, order, and social safety;

d) Property is the main means of livelihood for the victim and their family; property is a keepsake, relic, or worship item with special spiritual value to the victim.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Causes damage to property valued from 50,000,000 VND to under 200,000,000 VND;

c) Causes damage to property that is a national treasure;

d) Uses substances dangerous for fire, explosion, or other dangerous methods;

đ) To conceal another crime;

e) Due to the official duty of the victim;

g) Causing damage to property valued from 2,000,000 VND to under 50,000,000 VND but falling under one of the cases stipulated in points a, b, c, and d of Clause 1 of this Article;

h) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND;

b) Causing damage to property valued from 50,000,000 VND to under 200,000,000 VND but falling under one of the cases stipulated in points a, b, c, and d of Clause 1 of this Article.

4. Committing the crime under one of the following cases shall be punishable by imprisonment from 10 years to 20 years:

a) Causing damage to property valued at 500,000,000 VND or more;

b) Causing damage to property valued from 200,000,000 VND to under 500,000,000 VND but falling under one of the cases stipulated in points a, b, c, and d of Clause 1 of this Article.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, banned from practicing a profession or performing certain work from 1 year to 5 years.

Article 179. Crime of negligence causing damage to the property of the State, agencies, organizations, enterprises

1. Anyone who has direct responsibility in the management of property of the State, agencies, organizations, enterprises, due to negligence causes loss, damage, or waste leading to damage to the property of the State, agencies, organizations, enterprises from 100,000,000 VND to under 500,000,000 VND, shall be subject to a warning or non-custodial reformatory punishment for up to 3 years.

2. Committing a crime causing damage to the property of the State, agencies, organizations, enterprises valued from 500,000,000 VND to under 2,000,000,000 VND, shall be punishable by imprisonment from 1 year to 5 years.

3. Committing a crime that causes damage to the property of the State, agencies, organizations, or enterprises valued at 2,000,000,000 VND or more shall be punishable by imprisonment from 5 to 10 years.

4. The offender may also be prohibited from holding certain positions, practicing certain professions, or doing specific work for a period of 01 to 05 years.

Article 180. Crime of unintentional causing serious damage to property

1. Anyone who unintentionally causes damage to another person's property valued from 100,000,000 VND to under 500,000,000 VND shall be subject to a warning or non-custodial reform for up to 02 years.

2. Committing the crime of causing damage to another person's property valued at 500,000,000 VND or more shall be subject to imprisonment from 03 months to 02 years.

Chapter XVII. CRIMES VIOLATING THE MARRIAGE AND FAMILY REGIME

Article 181. Crime of forcing marriage, divorce, or obstructing voluntary, progressive marriage and obstructing voluntary divorce

Anyone who forces another person to marry against their will, obstructs others from marrying or maintaining a voluntary marriage, or forces or obstructs others from divorcing through abuse, mistreatment, mental threats, property demands, or other means, who has been administratively sanctioned for such acts and continues to violate them, shall be subject to a warning, non-custodial rehabilitation of up to 3 years, or imprisonment from 3 months to 3 years.

Article 182. Crime of violating the monogamous regime

1. Anyone who has a wife or husband and marries or cohabits as a husband and wife with another person, or anyone who does not have a wife or husband but marries or cohabits as a husband and wife with a person whom they know is already married, in one of the following cases, shall be subject to a warning, non-custodial rehabilitation of up to 1 year, or imprisonment from 3 months to 1 year:

a) Causing the marital relationship of one or both parties to lead to divorce;

b) Having been administratively penalized for this act and still committing the violation.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 6 months to 3 years:

a) Causing the wife, husband, or child of either party to commit suicide;

b) Having had a court decision annul the marriage or force the end of living together as husband and wife contrary to the one wife, one husband regime, yet still maintaining that relationship.

Article 183. Crime of organizing child marriage

Anyone who organizes the marriage of people who have not reached the marriageable age, and has been administratively penalized for this act but continues to violate it, shall be fined from 10,000,000 VND to 30,000,000 VND or subjected to non-custodial reform for up to 2 years.

Article 184. Crime of incest

Anyone who engages in sexual intercourse with a person whom they know to be in a direct bloodline, or is a full sibling, half-sibling with the same father or same mother, shall be punished by imprisonment from 1 to 5 years.

Article 185. Crime of mistreating or abusing grandparents, parents, spouses, children, grandchildren, or those who have raised oneself

1. Anyone who treats poorly or commits acts of violence that infringe on the body of grandparents, parents, spouses, children, grandchildren, or those who have raised oneself, in one of the following cases, shall be subject to a warning, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Frequently causing the victim physical or mental suffering;

b) Having been administratively penalized for this act and still committing the violation.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Against a person under 16 years old, a woman known to be pregnant, or an elderly and weak person;

b) Against a person with severe disability, particularly severe disability, or suffering from a serious illness.

Article 186. Crime of refusing or evading the obligation to provide maintenance

Anyone who has the obligation to provide alimony and has the actual ability to provide alimony to the person to whom they are obligated according to a court decision, but refuses or evades the obligation, causing the person entitled to alimony to be in a situation dangerous to life or health, or has already been administratively sanctioned for this act and still violates it, shall be subject to a warning, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

Article 187. Crime of organizing surrogacy for commercial purposes

1. Anyone who organizes surrogacy for commercial purposes shall be subject to a fine of 50,000,000 VND to 200,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Against 2 or more people;

b) Committing the crime 2 times or more;

c) Taking advantage of the name of an agency or organization;

d) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, forbidden from practicing a profession or performing certain jobs from 1 year to 5 years.

Chapter XVIII. CRIMES AGAINST ECONOMIC MANAGEMENT ORDER

Section 1. CRIMES IN THE FIELD OF PRODUCTION,

BUSINESS, COMMERCE

Article 188. Smuggling Offense

1. Anyone who trades across the border or from a non-tariff area into the domestic territory or vice versa in violation of the law under one of the following cases shall be subject to a fine of 50,000,000 VND to 300,000,000 VND or imprisonment from 6 months to 3 years:

a) Goods, Vietnamese currency, foreign currency, precious metals, precious stones valued from 100,000,000 VND to less than 300,000,000 VND, or under 100,000,000 VND but have been administratively sanctioned for acts specified in this Article or in any of Articles 189, 190, 191, 192, 193, 194, 195, 196, and 200 of this Code, or have been convicted of any of these offenses and have not had their criminal record expunged but continue to violate, if not falling under the cases specified in Articles 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309, and 311 of this Code;

b) Relics, antiques, or objects of historical or cultural value.

2. Committing the offense under any of the following cases shall be subject to a fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 3 years to 7 years:

a) Organized;

b) Being of a professional nature;

c) Illegal items valued from 300,000,000 VND to less than 500,000,000 VND;

d) Illegitimate gains from 100,000,000 VND to less than 500,000,000 VND;

đ) Illegal items that are national treasures;

e) Taking advantage of position or authority;

g) Taking advantage of the name of an agency or organization;

h) Committing a crime two times or more;

i) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be subject to a fine of 1,500,000,000 VND to 5,000,000,000 VND or imprisonment from 7 years to 15 years:

a) Illegal items worth from 500,000,000 VND to less than 1,000,000,000 VND;

b) Illegal gains from 500,000,000 VND to less than 1,000,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Illegal items worth 1,000,000,000 VND or more;

b) Illegal gains of 1,000,000,000 VND or more;

c) Taking advantage of war, natural disasters, epidemics, or other particularly difficult circumstances.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

6. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) A commercial legal entity that commits the act specified in Clause 1 of this Article with goods, Vietnamese currency, foreign currency, precious metals, gemstones valued from 200,000,000 VND to under 300,000,000 VND, or antiquities, artifacts, or items of historical or cultural value, and has been administratively sanctioned for the act specified in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196, and 200 of this Code, or has been convicted of one of these crimes, without having their criminal record expunged and still commits the violation, except as provided in point đ of this Clause, shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing an offense under the case specified in Clause 3 of this Article shall be fined from 3,000,000,000 VND to 7,000,000,000 VND;

d) If the offense falls under the case specified in Clause 4 of this Article, the penalty shall be a fine from 7,000,000,000 VND to 15,000,000,000 VND or temporary suspension of operations from 6 months to 3 years;

d) If the offense falls under the case specified in Article 79 of this Code, the penalty shall be permanent suspension of operations;

e) A commercial legal entity may also be fined from 50,000,000 VND to 300,000,000 VND, prohibited from doing business or operating in certain sectors, or banned from capital mobilization for 1 year to 3 years.

Article 189. Offense of illegally transporting goods and currency across the border

1. Anyone who transports across the border or from the duty-free area into the domestic territory or vice versa in violation of the law in one of the following cases shall be subject to a fine from 20,000,000 VND to 200,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years:

a) Goods, Vietnamese currency, foreign currency, precious metals, and gemstones valued from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but have already been administratively sanctioned for violations under this Article or under one of Articles 188, 190, 191, 192, 193, 194, 195, 196, and 200 of this Code, or have been convicted of one of these crimes, whose criminal record has not been expunged and still commit violations, if not falling under the cases prescribed in Articles 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309, and 311 of this Code;

b) Relics, antiques, or objects of historical or cultural value.

2. Committing an offense in one of the following cases shall be subject to a fine of from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 2 years to 5 years:

a) Organized;

b) Illegal items valued from 300,000,000 VND to under 500,000,000 VND;

c) Illegal items that are national treasures;

d) Taking advantage of one's position or authority;

d) Taking advantage of the name of an agency or organization;

e) Committing the crime 2 or more times;

g) Dangerous recidivism.

3. Committing a crime in the case of illegal goods valued at 500,000,000 VND or more shall be subject to a fine of from 1,000,000,000 VND to 3,000,000,000 VND or imprisonment from 5 years to 10 years.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity that commits the acts specified in Clause 1 of this Article with goods, Vietnamese currency, foreign currency, precious metals, gemstones worth from 200,000,000 VND to under 300,000,000 VND, or relics, antiques, or items of historical or cultural value, but has been administratively sanctioned for the acts stipulated in this Article or in one of Articles 188, 190, 191, 192, 193, 194, 195, 196, and 200 of this Code, or has been convicted of one of these crimes and has not been exonerated but continues to violate, except for the case specified in Point d of this Clause, shall be fined from 200,000,000 VND to 500,000,000 VND;

b) If the crime falls under the case specified in Clause 2 of this Article, the fine shall be from 500,000,000 VND to 2,000,000,000 VND;

c) If the crime falls under the case specified in Clause 3 of this Article, the fine shall be from 2,000,000,000 VND to 5,000,000,000 VND or suspension of operations for a term of 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from doing business or operating in certain fields, or prohibited from raising capital for a period of 01 to 03 years.

Article 190. Crime of producing and trading prohibited goods

1. Anyone who produces or trades goods that the State bans from business, circulation, use, or are not yet permitted for circulation or use in Vietnam, in one of the following cases, if not falling under the provisions of Articles 248, 251, 253, 254, 304, 305, 306, 309 and 311 of this Code, shall be subject to a fine from 100,000,000 VND to 1,000,000,000 VND or imprisonment from 01 year to 05 years:

a) Illegal goods are chemicals, antibiotics, veterinary drugs, prohibited pesticides used in crop production, livestock breeding, aquaculture, salt making, processing, preservation of agricultural, forestry, aquatic products and salt;

b) Other illegal goods valued from 100,000,000 VND to under 300,000,000 VND;

c) Illegitimate profits from 50,000,000 VND to under 200,000,000 VND;

d) Other illegal goods valued under 100,000,000 VND or illegitimate profits under 50,000,000 VND but have been administratively sanctioned for acts prescribed in this Article or in one of Articles 188, 189, 191, 192, 193, 194, 195, 196, and 200 of this Code or have been convicted of one of these crimes, the criminal record has not been expunged and they still violate;

đ) Trading in banned goods across the border or from non-tariff zones to domestic territories and vice versa valued from 50,000,000 VND to under 100,000,000 VND, illegitimate profits from 20,000,000 VND to under 50,000,000 VND.

2. Committing a crime under one of the following cases shall be subject to a fine of VND 1,000,000,000 to VND 3,000,000,000 or imprisonment from 5 years to 10 years:

a) Organized;

b) Exploiting a position or authority;

c) Taking advantage of the name of an agency or organization;

d) Having a professional nature;

dd) Illegal goods valued from VND 300,000,000 to under VND 500,000,000;

e) Illegitimate profits from VND 200,000,000 to under VND 500,000,000;

g) Committing a crime under one of the cases prescribed in points a, b, c, and d of clause 1 of this Article across the border or from a duty-free zone into the domestic area and vice versa;

h) Dangerous recidivism.

3. Committing a crime under one of the following cases shall be subject to imprisonment from 8 years to 15 years:

a) Illegal goods valued at VND 500,000,000 or more;

b) Illegally gaining 500,000,000 VND or more.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing a crime specified in Clause 2 of this Article shall be fined from 3,000,000,000 VND to 6,000,000,000 VND;

c) Committing a crime specified in Clause 3 of this Article shall be fined from 6,000,000,000 VND to 9,000,000,000 VND or be suspended from operation for a term of 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, be prohibited from business, prohibited from activities in certain sectors, or prohibited from capital mobilization for 01 year to 03 years.

Article 191. Crime of storing and transporting prohibited goods

1. Anyone who stores or transports goods that the State prohibits from being traded, circulated, or used, or goods that have not been permitted for circulation or use in Vietnam, in one of the following cases, if not falling under the provisions of Articles 249, 250, 253, 254, 304, 305, 306, 309, and 311 of this Code, shall be subject to a fine of VND 50,000,000 to VND 300,000,000 or imprisonment from 6 months to 3 years:

a) Illegal goods are chemicals, antibiotics, veterinary drugs, prohibited pesticides used in crop production, livestock breeding, aquaculture, salt making, processing, preservation of agricultural, forestry, aquatic products and salt;

b) Illegal goods valued from VND 100,000,000 to less than VND 300,000,000;

c) Illegitimate profits from 50,000,000 VND to under 200,000,000 VND;

d) Illegal goods valued under VND 100,000,000 or unlawful profits under VND 50,000,000 but who have already been administratively sanctioned for acts specified in this Article or in one of Articles 188, 189, 190, 192, 193, 194, 195, 196, and 200 of this Code, or have been convicted of one of these crimes, with the criminal record not yet expunged but still committing violations;

d) Transporting prohibited goods across the border or from a duty-free zone into the domestic area and vice versa with a value from 50,000,000 VND to under 100,000,000 VND, earning illegal profits from 20,000,000 VND to under 50,000,000 VND.

2. Committing the crime under one of the following cases shall be subject to a fine from 300,000,000 VND to 1,000,000,000 VND or imprisonment from 2 years to 5 years:

a) Organized;

b) Exploiting a position or authority;

c) Taking advantage of the name of an agency or organization;

d) Having a professional nature;

dd) Illegal goods valued from VND 300,000,000 to under VND 500,000,000;

e) Illegitimate profits from VND 200,000,000 to under VND 500,000,000;

g) Committing a crime under one of the cases prescribed in points a, b, c, and d of clause 1 of this Article across the border or from a duty-free zone into the domestic area and vice versa;

h) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Illegal goods valued at VND 500,000,000 or more;

b) Earning illegal profits of 500,000,000 VND or more;

c) Committing the crime under one of the cases specified in points a, b, c, d, đ, e, and h of Clause 2 of this Article and transporting through the border or from a duty-free zone into the domestic area and vice versa.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity committing the crime under the case specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing the crime under the case specified in Clause 3 of this Article shall be fined from 3,000,000,000 VND to 5,000,000,000 VND or be suspended from operations for a term from 6 months to 3 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, be prohibited from business, prohibited from activities in certain sectors, or prohibited from capital mobilization for 01 year to 03 years.

Article 192. Crime of Producing and Trading Counterfeit Goods

1. Anyone who produces or trades counterfeit goods under one of the following cases shall be fined from VND 100,000,000 to VND 1,000,000,000 or imprisoned from 01 year to 05 years:

a) Counterfeit goods valued from VND 20,000,000 to less than VND 100,000,000 calculated by selling price, listed price, or the price stated in the invoice;

b) Counterfeit goods equivalent in quantity to genuine goods or goods with the same technical specifications and uses, valued from VND 30,000,000 to less than VND 150,000,000 in cases where the selling price, listed price, or the price stated in the invoice cannot be determined;

c) Counterfeit goods valued at less than 20,000,000 VND calculated according to the selling price, listed price, or the price on the invoice, or counterfeit goods equivalent in quantity to genuine goods or goods with the same technical specifications and uses valued at less than 30,000,000 VND but have been administratively sanctioned for violations stipulated in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code, or have been convicted of one of these crimes, whose criminal record has not been expunged, and who still commit violations;

d) Counterfeit goods valued under 20,000,000 VND based on sale price, listed price, or the price stated on the invoice, or counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical specifications and uses valued under 30,000,000 VND but causing consequences falling into one of the following cases: causing harm to one person's health with a body injury rate from 31% to 60%; causing harm to the health of two or more people with the total body injury rate of these people from 31% to 60%; or causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Being of a professional nature;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

d) Counterfeit goods with a value from 100,000,000 VND to under 200,000,000 VND calculated according to the selling price, listed price, or the price stated on the invoice;

e) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical specifications and uses, valued from 150,000,000 VND to under 500,000,000 VND in cases where the selling price, listed price, or the price on the invoice cannot be determined;

g) Illegitimate profits from 100,000,000 VND to under 500,000,000 VND;

h) Causing death;

i) Causing health damage to one person with a bodily injury rate of 61% or more;

k) Causing health damage to two or more people where the total bodily injury rate of these people is from 61% to 121%;

l) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND;

m) Committing the offense under one of the cases specified in Clause 1 of this Article across the border or from a duty-free zone into the domestic area and vice versa;

n) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Counterfeit goods with a production cost of 100,000,000 VND or more;

b) Counterfeit goods with a selling price, listed price, or invoice price of 200,000,000 VND or more;

c) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses valued at 500,000,000 VND or more in cases where the production cost, selling price, listed price, or invoice price cannot be determined;

d) Illegitimate profit of 500,000,000 VND or more;

d) Causing the death of 02 or more people;

e) Causing health damage to 02 or more people, with a body injury rate of 61% or more for each person;

g) Causing health damage to 02 or more people with a total body injury rate of 122% or more among these people;

h) Causing property damage of 1,500,000,000 VND or more.

4. The offender may also be fined from 20,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain jobs for 01 to 05 years, or have part or all of their assets confiscated.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing a crime specified in Clause 2 of this Article shall be fined from 3,000,000,000 VND to 6,000,000,000 VND;

c) Committing an offense falling under the case specified in Clause 3 of this Article shall be punished with a fine from 6,000,000,000 VND to 9,000,000,000 VND or suspension of activities for a term from 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, be prohibited from business, prohibited from activities in certain sectors, or prohibited from capital mobilization for 01 year to 03 years.

Article 193. Crime of producing and trading counterfeit food, foodstuffs, or food additives

1. Anyone who produces or trades counterfeit goods that are food, foodstuffs, or food additives shall be sentenced to imprisonment from 2 years to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Being of a professional nature;

c) Dangerous recidivism;

d) Taking advantage of one's position or authority;

d) Taking advantage of the name of an agency or organization;

e) Committing the crime across the border or from a duty-free zone into the domestic area and vice versa;

g) Counterfeit goods valued from 100,000,000 VND to under 200,000,000 VND based on the selling price, listed price, or the price stated in the invoice;

h) Counterfeit goods equivalent in quantity to genuine goods valued from 150,000,000 VND to under 500,000,000 VND in cases where the selling price, listed price, or the price stated in the invoice cannot be determined;

i) Illegally gaining profits from 100,000,000 VND to under 500,000,000 VND;

k) Causing harm to the health of one person with a body injury rate from 31% to 60%;

l) Causing harm to the health of two or more people with the total body injury rate of these people from 31% to 60%;

m) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Counterfeit goods with a selling price, listed price, or invoiced price of 200,000,000 VND or more;

b) Counterfeit goods equivalent in quantity to genuine goods valued at 500,000,000 VND or more in cases where the production cost, selling price, listed price, or invoiced price cannot be determined;

c) Illegitimate profits from 500,000,000 VND to less than 1,500,000,000 VND;

d) Causing death;

e) Causing harm to the health of 01 person with a body injury rate of 61% or more;

f) Causing harm to the health of 02 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Illegitimate profits of 1,500,000,000 VND or more;

b) Causing the death of 02 or more people;

c) Causing harm to the health of 02 or more people, with each person's body injury rate being 61% or more;

d) Causing harm to the health of 02 or more people, with the total body injury rate of these people being 122% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

6. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing a crime specified in Clause 2 of this Article shall be fined from 3,000,000,000 VND to 6,000,000,000 VND;

c) Committing the crime under the circumstances specified in Clause 3 of this Article, shall be fined from 6,000,000,000 VND to 9,000,000,000 VND;

d) Committing the crime under the circumstances specified in Clause 4 of this Article, shall be fined from 9,000,000,000 VND to 18,000,000,000 VND or suspended from activities for a period of 06 months to 03 years;

d) If the offense falls under the case specified in Article 79 of this Code, the penalty shall be permanent suspension of operations;

e) The commercial legal entity may also be fined from 100,000,000 VND to 300,000,000 VND, prohibited from business or activities in certain fields, or prohibited from raising capital for 01 year to 03 years.

Article 194. Crime of manufacturing, trading counterfeit medicines for treatment or disease prevention

1. Anyone who manufactures or trades counterfeit medicines for treatment or disease prevention shall be sentenced to imprisonment from 02 years to 07 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Organized;

b) Being of a professional nature;

c) Dangerous recidivism;

d) Taking advantage of one's position or authority;

d) Taking advantage of the name of an agency or organization;

e) Committing the crime across the border or from a duty-free zone into the domestic area and vice versa;

g) Counterfeit goods valued from 100,000,000 VND to under 200,000,000 VND based on the selling price, listed price, or the price stated in the invoice;

h) Counterfeit goods equivalent in quantity to genuine goods valued from 150,000,000 VND to under 500,000,000 VND in cases where the selling price, listed price, or the price stated in the invoice cannot be determined;

i) Illegally gaining profits from 100,000,000 VND to under 500,000,000 VND;

k) Causing injury or harm to the health of 01 person with a bodily injury rate from 31% to 60%;

l) Causing injury or harm to the health of 02 or more people with the total bodily injury rate of these people from 31% to 60%;

m) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Counterfeit goods with a selling price, listed price, or invoiced price of 200,000,000 VND or more;

b) Counterfeit goods equivalent in quantity to genuine goods valued at 500,000,000 VND or more in cases where the production cost, selling price, listed price, or invoiced price cannot be determined;

c) Illegally gaining benefits from 500,000,000 VND to under 2,000,000,000 VND;

d) Causing death;

e) Causing harm to the health of 01 person with a body injury rate of 61% or more;

f) Causing harm to the health of 02 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage from 500,000,000 VND to less than 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) Illegally gaining benefits of 2,000,000,000 VND or more;

b) Causing the death of 02 or more people;

c) Causing injury or harm to the health of 02 or more people, with each person's bodily injury rate of 61% or more;

d) Causing injury or harm to the health of 02 or more people where the total body injury rate of these people is 122% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

6. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) If a commercial legal entity commits an offense under the provisions of Clause 1 of this Article, it shall be fined from 1,000,000,000 VND to 4,000,000,000 VND;

b) If the offense falls under the provisions of Clause 2 of this Article, it shall be fined from 4,000,000,000 VND to 9,000,000,000 VND;

c) If the offense falls under the provisions of Clause 3 of this Article, it shall be fined from 9,000,000,000 VND to 15,000,000,000 VND;

d) If the offense falls under the provisions of Clause 4 of this Article, it shall be fined from 15,000,000,000 VND to 20,000,000,000 VND or have its operations suspended for a period of 01 to 03 years;

d) If the offense falls under the case specified in Article 79 of this Code, the penalty shall be permanent suspension of operations;

e) The commercial legal entity may also be fined from 100,000,000 VND to 300,000,000 VND, prohibited from business or activities in certain fields, or prohibited from raising capital for 01 year to 03 years.

Article 195. Offense of producing and trading counterfeit goods in the form of feed for livestock, fertilizers, veterinary drugs, plant protection drugs, plant and animal breeds

1. Anyone who manufactures or trades counterfeit products such as animal feed, fertilizers, veterinary drugs, plant protection drugs, plant varieties, or livestock that fall under one of the following cases shall be subject to a fine ranging from 100,000,000 VND to 1,000,000,000 VND or imprisonment from 1 year to 5 years:

a) Counterfeit goods valued from VND 20,000,000 to less than VND 100,000,000 calculated by selling price, listed price, or the price stated in the invoice;

b) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same use valued from 30,000,000 VND to less than 150,000,000 VND in cases where the selling price, listed price, or invoice price cannot be determined;

c) Counterfeit goods valued under 20,000,000 VND calculated by selling price, listed price, invoice price, or counterfeit goods equivalent to the quantity of genuine goods or goods with the same function valued under 30,000,000 VND but have been administratively sanctioned for acts specified in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196, and 200 of this Code, or have been convicted of one of these offenses, not yet expunged, and have committed another violation;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Being of a professional nature;

c) Dangerous recidivism;

d) Taking advantage of one's position or authority;

d) Taking advantage of the name of an agency or organization;

e) Committing the crime across the border or from a duty-free zone into the domestic area and vice versa;

g) Counterfeit goods valued from 100,000,000 VND to under 200,000,000 VND based on the selling price, listed price, or the price stated in the invoice;

h) Counterfeit goods equivalent in quantity to genuine goods valued from 150,000,000 VND to under 500,000,000 VND in cases where the selling price, listed price, or the price stated in the invoice cannot be determined;

i) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND;

k) Illegally gaining profits from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Counterfeit goods with a selling price, listed price, or invoiced price of 200,000,000 VND or more;

b) Counterfeit goods equivalent in quantity to genuine goods valued at 500,000,000 VND or more in cases where the production cost, selling price, listed price, or invoiced price cannot be determined;

c) Causing property damage from 1,500,000,000 VND to under 3,000,000,000 VND;

d) Illegally gaining profits from 500,000,000 VND to under 2,000,000,000 VND.

4. Committing an offense under one of the following cases shall be punished with imprisonment from 15 years to 20 years:

a) Causing property damage of 3,000,000,000 VND or more;

b) Illegally gaining profits of 2,000,000,000 VND or more.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

6. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing a crime specified in Clause 2 of this Article shall be fined from 3,000,000,000 VND to 6,000,000,000 VND;

c) Committing the crime under the circumstances specified in Clause 3 of this Article, shall be fined from 6,000,000,000 VND to 9,000,000,000 VND;

d) Committing an offense under the case specified in Clause 4 of this Article shall be fined from 9,000,000,000 VND to 15,000,000,000 VND or temporarily suspended from operations for a term of 06 months to 03 years;

d) If the offense falls under the case specified in Article 79 of this Code, the penalty shall be permanent suspension of operations;

e) The commercial legal entity may also be fined from 100,000,000 VND to 300,000,000 VND, prohibited from business or activities in certain fields, or prohibited from raising capital for 01 year to 03 years.

Article 196. Hoarding Offense

1. Anyone who takes advantage of scarcity or creates artificial scarcity in the context of natural disasters, epidemics, wars, or economic difficulties to buy up goods listed in the catalog of price-stabilized goods or goods priced by the State for resale to gain illegal profits under one of the following cases shall be fined from 30,000,000 VND to 300,000,000 VND or imprisoned from 06 months to 03 years:

a) Goods valued from 500,000,000 VND to under 1,500,000,000 VND;

b) Illegally obtained profits from 100,000,000 VND to less than 500,000,000 VND.

2. Committing the offense under any of the following cases shall be subject to a fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 3 years to 7 years:

a) Organized;

b) Exploiting a position or authority;

c) Taking advantage of the name of an agency or organization;

d) Goods valued from 1,500,000,000 VND to less than 3,000,000,000 VND;

d) Illegally profiting from 500,000,000 VND to under 1,000,000,000 VND;

e) Causing negative impacts on security, order, and social safety.

3. Committing the crime under one of the following circumstances shall be punished with a fine ranging from 1,500,000,000 VND to 5,000,000,000 VND or imprisonment from 7 years to 15 years:

a) Goods valued at 3,000,000,000 VND or more;

b) Illegal gains of 1,000,000,000 VND or more;

c) Dangerous recidivism.

4. The offender may also be fined from 20,000,000 VND to 200,000,000 VND, prohibited from holding positions, professions, or certain jobs from 1 year to 5 years.

5. A commercial legal entity committing the crime specified in this Article shall be sanctioned as follows:

a) Committing the crime under the circumstances specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing the crime under the circumstances specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 4,000,000,000 VND;

c) Committing an offense under the case specified in Clause 3 of this Article shall be subject to a fine of from 4,000,000,000 VND to 9,000,000,000 VND;

d) A commercial legal entity may also be subject to a fine of from 100,000,000 VND to 300,000,000 VND, prohibition from doing business, operating in certain sectors, or raising capital for a period of 01 year to 03 years.

Article 197. Crime of false advertising

1. Anyone who engages in false advertising about goods or services, has been administratively sanctioned for this act or has been convicted of this crime and has not had the conviction expunged, but still violates, shall be subject to a fine of from 10,000,000 VND to 100,000,000 VND or non-custodial reform for up to 03 years.

2. The offender may also be subject to a fine of from 5,000,000 VND to 50,000,000 VND, prohibition from practicing a profession or performing certain jobs for a period of 01 year to 05 years.

Article 198. Crime of deceiving customers

1. Anyone who, in the process of buying, selling goods or providing services, cheats in weighing, measuring, counting, calculating goods or services, or uses other fraudulent methods in any of the following cases, shall be subject to a warning, a fine ranging from 10,000,000 VND to 100,000,000 VND, or non-custodial reform for up to 03 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Gains illicit profits from 5,000,000 VND to under 50,000,000 VND.

2. Committing the crime in any of the following cases shall be subject to a fine ranging from 100,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Being of a professional nature;

c) Using cunning or deceitful methods;

d) Gaining illicit profits of 50,000,000 VND or more.

3. The offender may also be subject to a fine from 20,000,000 VND to 100,000,000 VND, and be prohibited from practicing a profession or performing certain jobs for 01 year to 05 years.

Article 199. Offense of violating regulations on electricity supply

1. Anyone who has responsibilities but commits one of the following acts causing injury or harm to the health of one person with a body injury rate from 31% to 60%, causing injury or harm to the health of two or more people where the total body injury rate of these people is from 31% to 60%, or causing property damage from 100,000,000 VND to under 500,000,000 VND, or has been disciplined, administratively sanctioned for this act, or has been convicted of this crime without having the record expunged and still violates, shall be fined from 30,000,000 VND to 150,000,000 VND, subjected to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years:

a) Cutting off electricity without grounds or without notifying as prescribed;

b) Refusing to supply electricity without grounds;

c) Delaying the handling of electrical incidents without justified reason.

2. Committing an offense under one of the following cases shall be punished by a fine of VND 150,000,000 to VND 500,000,000 or imprisonment from 01 year to 05 years:

a) Causing death;

b) Causing injury or harm to the health of 01 person with a body injury rate of 61% or more, or causing harm to the health of 02 or more people with the total body injury rate of these people from 61% to 121%;

c) Causing property damage from VND 500,000,000 to less than VND 1,500,000,000.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Causing the death of 2 or more people;

b) Causing injury or harm to the health of 02 or more people, with each person's body injury rate 61% or more, or causing harm to the health of 02 or more people with a total body injury rate of 122% or more;

c) Causing property damage of 1,500,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

Section 2. CRIMES IN THE FIELDS OF TAXATION, FINANCE,

BANKING, SECURITIES, INSURANCE

Article 200. Tax evasion crime

1. Anyone who commits one of the following acts of tax evasion with an amount from 100,000,000 VND to under 300,000,000 VND or under 100,000,000 VND, who has been administratively sanctioned for tax evasion or has been convicted of this crime or any of the crimes specified in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 202, 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309, and 311 of this Code, has not had the conviction expunged and continues to violate, shall be subject to a fine of 100,000,000 to 500,000,000 VND or imprisonment from 3 months to 2 years:

a) Failing to submit a tax registration dossier; failing to submit a tax declaration dossier; submitting a tax declaration dossier later than the deadline prescribed by law;

b) Not recording in the accounting books the revenues related to determining the amount of tax payable;

c) Not issuing invoices when selling goods or services, or recording a lower value on the sales invoice than the actual payment value of the goods or services sold;

d) Using illegal invoices or documents to account for goods or input materials in activities that incur tax obligations in order to reduce the amount of tax payable or increase the amount of tax exemption, decrease or increase the deductible tax, or the refundable tax;

đ) Using other illegal documents to incorrectly determine the amount of tax payable or refundable;

e) Misreporting the actual export or import goods without supplementing the tax declaration dossier after the goods have been cleared;

g) Intentionally failing to declare or falsely declaring taxes on exported or imported goods;

h) Colluding with the consignor to import goods;

i) Using goods that are not subject to tax, exempt from tax, or claiming tax exemption for purposes other than those specified without declaring the change of use to the tax authorities.

2. Committing the offense in one of the following cases shall be fined from 500,000,000 VND to 1,500,000,000 VND or imprisoned from 1 year to 3 years:

a) Organized;

b) The amount of tax evasion from 300,000,000 VND to under 1,000,000,000 VND;

c) Taking advantage of their position or authority;

d) Committing the crime two or more times;

dd) Dangerous recidivism.

3. Committing tax evasion with an amount of 1,000,000,000 VND or more shall be fined from 1,500,000,000 VND to 4,500,000,000 VND or imprisoned from 2 years to 7 years:

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, banned from holding certain positions, banned from practicing certain professions or performing certain jobs for a period of 01 year to 05 years, or have part or all of their assets confiscated.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity that commits the acts stipulated in Clause 1 of this Article, has been administratively sanctioned for this act or has been convicted of this crime, and whose criminal record has not been expunged but still violates, shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing the crime under the circumstances specified in Clause 3 of this Article shall be fined from 3,000,000,000 VND to 10,000,000,000 VND or have its operations suspended for a term from 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from doing business or operating in certain fields, or prohibited from raising capital for a period of 01 to 03 years.

Article 201. Crime of lending at high interest rates in civil transactions

1. Any person in a civil transaction who lends at an interest rate five times higher than the highest interest rate prescribed in the Civil Code, earning illicit profits from 30,000,000 VND to under 100,000,000 VND, or who has been administratively sanctioned for this act or has been convicted of this crime, and whose criminal record has not been expunged but still violates, shall be fined from 50,000,000 VND to 200,000,000 VND or subjected to non-custodial reform for up to 3 years.

2. If the crime results in illicit profits of 100,000,000 VND or more, the offender shall be fined from 200,000,000 VND to 1,000,000,000 VND or imprisoned for 6 months to 3 years.

3. The offender may also be fined from 30,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for 1 to 5 years.

Article 202. The crime of manufacturing or trading counterfeit stamps, counterfeit tickets

1. Anyone who makes or trades counterfeit stamps or tickets in any of the following cases shall be subject to a fine of from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Counterfeit stamps or tickets without a denomination in quantities from 15,000 to under 30,000 units;

b) Counterfeit stamps or tickets with a denomination with a total value from 50,000,000 VND to under 200,000,000 VND;

c) Has been administratively sanctioned for this act or has been convicted for this crime, without having the conviction expunged, and still violates;

d) Illegally gains from 30,000,000 VND to under 100,000,000 VND.

2. Committing the crime in any of the following cases shall be subject to a fine of from 100,000,000 VND to 500,000,000 VND or imprisonment from 02 years to 07 years:

a) Organized;

b) Exploiting a position or authority;

c) Counterfeit stamps or tickets without a denomination in quantities of 30,000 units or more;

d) Counterfeit stamps or tickets with a denomination with a total value of 200,000,000 VND or more;

d) Illegally obtaining profits of 100,000,000 VND or more;

e) Dangerous recidivism.

3. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or carrying out specific work for a period from 1 year to 5 years.

Article 203. Crime of printing, issuing, and illegally buying and selling invoices and documents contributing to the state budget

1. Anyone who prints, issues, or illegally buys and sells invoices or documents contributing to the state budget in the form of blanks from 50 to under 100 numbers, or invoices/documents that have recorded content from 10 to under 30 numbers, or illegally obtains profits from 30,000,000 VND to under 100,000,000 VND, shall be fined from 50,000,000 VND to 200,000,000 VND, sentenced to non-custodial reform for up to 3 years or imprisoned from 6 months to 3 years.

2. Committing the crime in any of the following cases shall be subject to a fine ranging from 100,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Being of a professional nature;

c) Taking advantage of their position or authority;

d) Invoices or documents in the form of blanks of 100 numbers or more, or invoices/documents that have recorded content of 30 numbers or more;

d) Illegally obtaining profits of 100,000,000 VND or more;

e) Causing damage to the state budget of 100,000,000 VND or more;

g) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, forbidden from practicing a profession or performing certain jobs from 1 year to 5 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing a crime under the case stipulated in Clause 1 of this Article shall be fined from 100,000,000 VND to 500,000,000 VND;

b) Committing a crime under the case stipulated in Clause 2 of this Article shall be fined from 500,000,000 VND to 1,000,000,000 VND;

c) Committing a crime under the case stipulated in Article 79 of this Code shall be permanently suspended from operation;

d) The commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from doing business, prohibited from operating in certain fields for 1 to 3 years, or prohibited from raising capital for 1 to 3 years.

Article 204. Crime of violating regulations on the preservation and management of invoices and documents for the collection and payment of state budget.

1. A person who is responsible for preserving and managing invoices and documents, but violates State regulations on preserving and managing invoices and documents for the collection and payment of the State budget, causing damage to the State budget or to another person from 100,000,000 VND to under 500,000,000 VND, shall be subject to a fine of 10,000,000 VND to 100,000,000 VND or non-custodial reform for up to 03 years.

2. If the crime falls under one of the following cases, the individual shall be subject to a fine of 100,000,000 VND to 500,000,000 VND or imprisonment from 06 months to 03 years:

a) Committing the crime 02 times or more;

b) Causing damage of 500,000,000 VND or more.

3. The offender may also be prohibited from holding certain positions or performing certain jobs for 01 to 05 years.

Article 205. Crime of illegally setting up a fund

1. Anyone who takes advantage of their position or authority to establish a fund in violation of the law and has used that fund to cause damage to State property from 50,000,000 VND to under 200,000,000 VND, or has been disciplined for this act but continues to violate, shall be fined from 50,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years.

2. Committing the crime in any of the following cases shall be subject to a fine ranging from 100,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 05 years:

a) Using deceitful tactics to evade supervision;

b) To commit other illegal acts;

c) Causing damage to State property from 200,000,000 VND to under 1,000,000,000 VND.

3. Committing the crime causing damage to State property of 1,000,000,000 VND or more shall be punishable by imprisonment from 5 years to 10 years.

4. The offender may also be prohibited from holding certain positions, practicing certain professions or performing certain jobs for 1 to 5 years, and may be fined from 10,000,000 VND to 50,000,000 VND.

Article 206. Offense of violating regulations in the operations of credit institutions and foreign bank branches

1. Whoever, in the operations of credit institutions or foreign bank branches, intentionally commits any of the following acts causing property damage from 100,000,000 VND to under 300,000,000 VND, shall be subject to a fine of 50,000,000 VND to 300,000,000 VND or imprisonment from 6 months to 3 years:

a) Granting credit to cases not allowed to be granted credit, except in the form of issuing a credit card;

b) Granting unsecured credit or granting credit with preferential conditions to subjects not allowed to be granted credit under the provisions of law;

c) Violating the restrictions to ensure safety for credit activities according to the provisions of the Law on Credit Institutions or intentionally inflating the value of collateral when appraising for credit granting;

d) Violating the provisions of the law on the total credit debt level for subjects restricted from being granted credit;

d) Granting credit beyond the limit compared to own capital for a customer and related persons, except in cases with approval from the competent authority as prescribed by law;

e) Violating the provisions of the law on capital contribution, capital contribution limits, share purchase, conditions for granting credit, or buying and selling assets;

g) Issuing, providing, and using illegal payment instruments; forging payment documents, payment instruments; using fake payment documents, payment instruments; conducting banking activities without permission from the competent state authority.

2. Committing a crime causing property damage from 300,000,000 VND to under 1,000,000,000 VND shall be punished with imprisonment from 03 years to 07 years.

3. Committing a crime causing property damage from 1,000,000,000 VND to under 3,000,000,000 VND shall be punishable by imprisonment from 07 years to 12 years.

4. Committing a crime causing property damage of 3,000,000,000 VND or more shall be punishable by imprisonment from 12 years to 20 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 207. Crime of making, storing, transporting, and circulating counterfeit money

1. Anyone who makes, stores, transports, or circulates counterfeit money shall be punishable by imprisonment from 03 years to 07 years.

2. Committing the crime in the case where the counterfeit money has a corresponding value from 5,000,000 VND to under 50,000,000 VND shall be punishable by imprisonment from 05 years to 12 years.

3. Committing the crime in the case where the counterfeit money has a corresponding value of 50,000,000 VND or more shall be punishable by imprisonment from 10 years to 20 years or life imprisonment.

4. Anyone preparing to commit this crime shall be punishable by non-custodial reform for up to 03 years or imprisonment from 01 year to 03 years.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND or have part or all of their property confiscated.

Article 208. Crime of making, storing, transporting, circulating counterfeit transfer instruments or other counterfeit valuable papers

1. Anyone who makes, stores, transports, or circulates counterfeit transfer instruments or other counterfeit valuable papers shall be punished with imprisonment from 2 years to 7 years.

2. If the offense involves counterfeit transfer instruments or other counterfeit valuable papers with a corresponding value from 10,000,000 VND to under 100,000,000 VND, the penalty shall be imprisonment from 5 years to 10 years.

3. If the offense involves counterfeit transfer instruments or other counterfeit valuable papers with a corresponding value from 100,000,000 VND to under 300,000,000 VND, the penalty shall be imprisonment from 10 years to 15 years.

4. If the offense involves counterfeit transfer instruments or other counterfeit valuable papers with a corresponding value of 300,000,000 VND or more, the penalty shall be imprisonment from 15 years to 20 years.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND or have part or all of their property confiscated.

Article 209. Crime of intentionally publishing false information or concealing information in securities activities.

1. Any person who deliberately publishes false information or conceals information in the activities of offering, listing, trading, securities business, market organization, registration, custody, clearing, or settlement of securities in one of the following cases shall be subject to a fine of 100,000,000 VND to 500,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years:

a) Causing damage to investors from 1,000,000,000 VND to under 3,000,000,000 VND;

b) Illegally gaining profits from 500,000,000 VND to under 1,000,000,000 VND;

c) Having been administratively sanctioned for the act of publishing false information or concealing information in securities activities and still violating.

2. Committing an offense under one of the following cases shall be subject to a fine of 500,000,000 VND to 2,000,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Illegal gains of 1,000,000,000 VND or more;

c) Causing damage to investors of 3,000,000,000 VND or more;

d) Dangerous recidivism.

3. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, banned from holding certain positions, prohibited from practicing a profession or performing certain work for 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the case specified in Clause 1 of this Article shall be fined from 500,000,000 VND to 2,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 2,000,000,000 VND to 5,000,000,000 VND;

c) The commercial legal entity may also be banned from doing business, operating in certain sectors, or raising capital for 01 year to 03 years.

Article 210. Offense of using insider information to trade securities

1. Anyone who knows unpublished information related to a public company or public fund that, if disclosed, could significantly affect the stock price of that public company or fund, and uses this information to trade securities, or discloses, provides this information, or advises others to trade securities based on this information, causing illicit gains from 300,000,000 VND to under 1,000,000,000 VND or causing investor losses from 500,000,000 VND to under 1,500,000,000 VND, shall be fined from 500,000,000 VND to 2,000,000,000 VND or imprisoned from 6 months to 3 years.

2. Committing the offense under one of the following circumstances shall be fined from 2,000,000,000 VND to 5,000,000,000 VND or imprisoned from 2 years to 7 years:

a) Organized;

b) Illegal gains of 1,000,000,000 VND or more;

c) Causing investor losses of 1,500,000,000 VND or more;

d) Dangerous recidivism.

3. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, banned from holding certain positions, prohibited from practicing a profession or performing certain work for 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the circumstances specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 5,000,000,000 VND;

b) Committing an offense under the circumstances specified in Clause 2 of this Article shall be subject to a fine of from 5,000,000,000 VND to 10,000,000,000 VND;

c) The commercial legal entity may also be banned from doing business, operating in certain sectors, or raising capital for 01 year to 03 years.

Article 211. Crime of manipulating the securities market

1. Anyone who commits one of the following acts and gains illicit profits from 500,000,000 VND to under 1,500,000,000 VND, or causes damage to investors from 1,000,000,000 VND to under 3,000,000,000 VND, shall be subject to a fine of from 500,000,000 VND to 2,000,000,000 VND or imprisonment from 06 months to 03 years:

a) Using one or more of their own or others' trading accounts, or colluding with each other to continuously buy and sell securities in order to create false supply and demand;

b) Colluding with others to place buy and sell orders for the same type of securities on the same trading day or colluding with each other in securities transactions that do not result in the actual transfer of ownership, or where ownership only rotates among group members to manipulate the securities' price, creating artificial supply and demand;

c) Continuously buying or selling securities in dominant volumes at market opening or closing in order to create new closing or opening prices for that type of security in the market;

d) Trading securities through collusion, inducing others to continuously place buy and sell orders that significantly affect supply and demand and securities prices, manipulating securities prices;

d) Giving opinions directly or indirectly through mass media about a type of security, about the organization issuing the securities, in order to influence the price of that type of security after having carried out transactions and held positions in that type of security;

e) Using methods or conducting other trading behaviors to create artificial supply and demand, manipulating the price of securities.

2. Committing the crime under one of the following cases shall be subject to a fine of from 2,000,000,000 VND to 4,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Organized;

b) Illegally gaining 1,500,000,000 VND or more;

c) Causing damage to investors of 3,000,000,000 VND or more;

d) Dangerous recidivism.

3. The offender may also be subject to a fine of from 50,000,000 VND to 250,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or performing certain work for from 1 year to 5 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the circumstance specified in Clause 1 of this Article shall be subject to a fine of from 2,000,000,000 VND to 5,000,000,000 VND;

b) Committing an offense under the circumstances specified in Clause 2 of this Article shall be subject to a fine of from 5,000,000,000 VND to 10,000,000,000 VND;

c) Committing a crime under the case stipulated in Article 79 of this Code shall be permanently suspended from operation;

d) A commercial legal entity may also be fined from 500,000,000 VND to 2,000,000,000 VND, prohibited from doing business, prohibited from operating in certain sectors for 01 to 03 years, or prohibited from raising capital for 01 to 03 years.

Article 212. Crime of falsifying documents in securities offering and listing dossiers

1. Anyone who falsifies documents in securities offering and listing dossiers to gain illegal profit from 1,000,000,000 VND to under 2,000,000,000 VND or causes damage to investors from 1,500,000,000 VND to under 3,000,000,000 VND, shall be fined from 500,000,000 VND to 2,000,000,000 VND or imprisoned from 06 months to 03 years.

2. Committing the offense under one of the following circumstances shall be fined from 2,000,000,000 VND to 5,000,000,000 VND or imprisoned from 2 years to 7 years:

a) Illegally gaining benefits of 2,000,000,000 VND or more;

b) Causing damage to investors of 3,000,000,000 VND or more;

c) Organizing;

d) Dangerous recidivism.

3. The offender may also be subject to a fine of from 50,000,000 VND to 250,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or performing certain work for from 1 year to 5 years.

Article 213. Crime of fraud in insurance business

1. Anyone who commits one of the following acts of appropriating insurance money from 20,000,000 VND to under 100,000,000 VND or causing damage from 50,000,000 VND to under 200,000,000 VND shall be fined from 30,000,000 VND to 100,000,000 VND or subjected to non-custodial reform of up to 3 years:

a) Colluding with the beneficiary to settle insurance claims and pay insurance money illegally;

b) Forging documents or intentionally falsifying information to deny compensation or pay insurance money when the insured event has occurred;

c) Forging documents or intentionally falsifying information in the compensation claim file to receive insurance payment;

d) Causing damage to one’s own property or health to receive insurance benefits, except as otherwise provided by law.

2. Those who commit the crime under one of the following circumstances shall be fined from 100,000,000 VND to 300,000,000 VND or sentenced to imprisonment from 1 year to 3 years:

a) Organized;

b) Use sophisticated, cunning methods;

c) Embezzle insurance money from 100,000,000 VND to under 500,000,000 VND;

d) Cause damage from 200,000,000 VND to under 1,000,000,000 VND;

dd) Dangerous recidivism.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Embezzle insurance money of 500,000,000 VND or more;

b) Cause damage of 1,000,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing a crime under one of the cases prescribed in Clause 1 of this Article, with the embezzled amount from 200,000,000 VND to under 1,000,000,000 VND or causing damage from 400,000,000 VND to under 2,000,000,000 VND, shall be fined from 200,000,000 VND to 1,000,000,000 VND;

b) Committing a crime falling under one of the cases stipulated in points a, b, c, and d of Clause 2 of this Article, with the amount misappropriated from 1,000,000,000 VND to under 3,000,000,000 VND or causing damage from 2,000,000,000 VND to under 5,000,000,000 VND, shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing the crime with the amount misappropriated of 3,000,000,000 VND or more or causing damage of 5,000,000,000 VND or more, shall be fined from 3,000,000,000 VND to 7,000,000,000 VND;

d) A commercial legal entity may also be prohibited from doing business, prohibited from operating in certain specific fields, or prohibited from raising capital for a period of 1 year to 3 years.

Article 214. Crime of social insurance and unemployment insurance fraud

1. Anyone who commits one of the following acts, embezzling social insurance or unemployment insurance money from 10,000,000 VND to under 100,000,000 VND, or causing damage from 20,000,000 VND to under 200,000,000 VND, not falling under the cases stipulated in one of Articles 174, 353, and 355 of this Code, shall be subject to a fine of 20,000,000 VND to 100,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years:

a) Fabricating documents or falsifying the contents of social insurance or unemployment insurance files to deceive the social insurance agency;

b) Using fake documents or documents that have been falsified to deceive the social insurance agency in order to receive social insurance and unemployment insurance benefits.

2. Committing an offense in one of the following cases shall be subject to a fine from 100,000,000 VND to 200,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Being of a professional nature;

c) Misappropriating social insurance and unemployment insurance money from 100,000,000 VND to under 500,000,000 VND;

d) Causing damage from 200,000,000 VND to under 500,000,000 VND;

đ) Using sophisticated, cunning methods;

e) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Misappropriating social insurance and unemployment insurance money of 500,000,000 VND or more;

b) Causing damage of 500,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

Article 215. Crime of health insurance fraud

1. Anyone who commits one of the following acts, misappropriating health insurance money from 10,000,000 VND to under 100,000,000 VND or causing damage from 20,000,000 VND to under 200,000,000 VND without falling under the cases stipulated in one of Articles 174, 353 and 355 of this Code, shall be fined from 20,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years:

a) Preparing medical records, prescribing fake medications or increasing the quantity or adding types of drugs, medical supplies, technical services, hospital bed costs, and other expenses that the patient did not actually use;

b) Forging records, health insurance cards, or using health insurance cards that were issued falsely, fake health insurance cards, revoked cards, altered cards, or someone else's health insurance cards to receive medical treatment under the health insurance scheme illegally.

2. Committing an offense in one of the following cases shall be subject to a fine from 100,000,000 VND to 200,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Being of a professional nature;

c) Embezzling health insurance money from 100,000,000 VND to less than 500,000,000 VND;

d) Causing damage from 200,000,000 VND to under 500,000,000 VND;

đ) Using sophisticated, cunning methods;

e) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Embezzling health insurance money of 500,000,000 VND or more;

b) Causing damage of 500,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

Article 216. Offense of evading social insurance, health insurance, and unemployment insurance contributions for employees

1. Any person who has the obligation to pay social insurance, health insurance, and unemployment insurance for employees but fraudulently or by other means fails to pay or does not fully pay as prescribed for 06 months or more, falling into one of the following cases, and who has already been administratively sanctioned for this act but still violates, shall be fined from 50,000,000 VND to 200,000,000 VND, subjected to non-custodial reform for up to 01 year, or imprisoned from 03 months to 01 year:

a) Evading insurance payments from 50,000,000 VND to under 300,000,000 VND;

b) Evading insurance payments for from 10 to under 50 employees.

2. Committing the crime in one of the following cases shall be fined from 200,000,000 VND to 500,000,000 VND or imprisoned from 06 months to 03 years:

a) Committing the crime 02 times or more;

b) Evading insurance payments from 300,000,000 VND to under 1,000,000,000 VND;

c) Evading insurance payments for from 50 to under 200 employees;

d) Failing to pay the insurance amount that has been collected or deducted from employees as prescribed in point a or point b, Clause 1 of this Article.

3. Committing the crime in one of the following cases shall be subject to a fine from 500,000,000 VND to 1,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Evading insurance payment of 1,000,000,000 VND or more;

b) Evading insurance payment for 200 people or more;

c) Failing to pay the insurance amount that has been collected or deducted from employees as prescribed in point b or point c, Clause 2 of this Article.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime in the case prescribed in Clause 1 of this Article shall be subject to a fine from 200,000,000 VND to 500,000,000 VND;

b) Committing a crime under the case stipulated in Clause 2 of this Article shall be fined from 500,000,000 VND to 1,000,000,000 VND;

c) Committing the crime in the case prescribed in Clause 3 of this Article shall be subject to a fine from 1,000,000,000 VND to 3,000,000,000 VND.

Section 3. OTHER CRIMES INFRINGING ON ECONOMIC MANAGEMENT ORDER

Article 217. Crime of violating regulations on competition

1. Anyone who directly participates in or carries out acts that violate competition regulations under one of the following cases, obtaining illegal profits from 500,000,000 VND to under 3,000,000,000 VND or causing damages to others from 1,000,000,000 VND to under 5,000,000,000 VND, shall be fined from 200,000,000 VND to 1,000,000,000 VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years:

a) Agreement to prevent or restrain other enterprises from participating in the market or developing their business;

b) Agreement to eliminate from the market businesses that are not parties to the agreement;

c) Anti-competitive agreements when the parties to the agreement have a combined market share of 30% or more in the relevant market in any of the following cases: agreements to fix the prices of goods or services directly or indirectly; agreements to divide consumer markets, sources of goods supply, or sources of services; agreements to limit or control the quantity or volume of production, sale of goods or services; agreements to restrict technical or technological development, or to limit investment; agreements to impose on other enterprises conditions for signing contracts to buy or sell goods or services, or force other enterprises to accept obligations not directly related to the subject of the contract.

2. Committing the offense in any of the following cases shall be subject to a fine of VND 1,000,000,000 to VND 3,000,000,000 or imprisonment from 01 year to 05 years:

a) Committing the crime 02 times or more;

b) Use sophisticated, cunning methods;

c) Abusing a dominant market position or a monopoly position in the market;

d) Illegally gaining 5,000,000,000 VND or more;

d) Causing damage to others of 3,000,000,000 VND or more.

3. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, banned from holding certain positions, prohibited from practicing a profession or performing certain work for 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the case specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing the crime under the case specified in Clause 2 of this Article shall be subject to a fine of from 3,000,000,000 VND to 5,000,000,000 VND or suspension of operation for a term from 06 months to 02 years;

c) A commercial legal entity may also be subject to a fine of from 100,000,000 VND to 500,000,000 VND, prohibited from doing business or operating in certain sectors, or banned from raising capital for 01 year to 03 years.

Article 218. Crime of violating regulations on asset auction activities

1. Anyone who commits one of the following acts, gains illicit profits from 30,000,000 VND to under 200,000,000 VND, or causes damage to others from 50,000,000 VND to under 300,000,000 VND, shall be fined from 20,000,000 VND to 200,000,000 VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years:

a) Creating a false list of individuals registered to purchase auctioned property;

b) Creating false or forged dossiers to participate in auction activities;

c) Colluding to lower or raise prices in auction activities.

2. Committing the crime under one of the following circumstances shall be punished with a fine from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 1 year to 5 years:

a) Organized;

b) Gaining illicit profits of 200,000,000 VND or more;

c) Causing damage to others of 300,000,000 VND or more;

d) Committing the crime two or more times;

d) Using sophisticated and cunning methods.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, forbidden from practicing a profession or performing certain jobs from 1 year to 5 years.

Article 219. Crime of violating regulations on the management and use of State assets causing loss and waste

1. A person who is assigned to manage or use State assets but violates the management and use regime of assets, causing a loss or waste ranging from 100,000,000 VND to under 300,000,000 VND, or less than 100,000,000 VND but has already been disciplined for this behavior and still violates, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years.

2. If the crime falls into any of the following cases, the offender shall be punished with imprisonment from 03 years to 12 years:

a) For profit;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing property damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the crime causes property damage of 1,000,000,000 VND or more, the offender shall be punished with imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 220. Crime of violating state regulations on management and use of public investment capital causing serious consequences

1. Whoever takes advantage of their position or authority to commit any of the following acts causing damage from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has already been disciplined for this act and continues to violate, unless falling under the case prescribed in Article 224 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment from 1 year to 5 years:

a) Violating regulations on investment policy decisions;

b) Violating regulations on making and appraising investment policies;

c) Violating regulations on decisions to invest in programs or projects;

d) Violating regulations on consulting and designing programs or projects.

2. Committing an offense under one of the following cases shall be punishable by imprisonment from 3 years to 12 years:

a) For profit;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the offense causes damage of 1,000,000,000 VND or more, the penalty is imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 221. Crime of violating State regulations on accounting causing serious consequences

1. Anyone who takes advantage of their position or authority to commit one of the following acts, causing damage from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has already been disciplined for this act and still violates the law, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Forging, falsifying, agreeing or forcing others to forge, falsify, or erase accounting documents;

b) Inducing, agreeing, or forcing others to provide or confirm false accounting information or figures;

c) Omitting the accounting of the unit's assets or assets related to the accounting unit;

d) Canceling or intentionally damaging accounting documents before the retention period prescribed by the Accounting Law;

d) Maintaining two or more financial accounting systems in order to exclude assets, capital, and funds of the accounting unit from the accounting books.

2. Committing an offense under one of the following cases shall be punishable by imprisonment from 3 years to 12 years:

a) For profit;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the offense causes damage of 1,000,000,000 VND or more, the penalty is imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 222. Crime of violating bidding regulations causing serious consequences

1. Whoever engages in one of the following acts, causing damage from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has already been disciplined for this act and still violates, shall be subject to non-custodial reform for up to 3 years or imprisonment from 1 year to 5 years:

a) Illegally interfering with bidding activities;

b) Bid rigging;

c) Fraud in bidding;

d) Obstructing bidding activities;

e) Violating the law's regulations on ensuring fairness and transparency in bidding activities;

f) Organizing contractor selection when the funding for the contract package has not been determined, leading to the contractor's capital arrears;

g) Illegal transfer of the contract.

2. Committing an offense under one of the following cases shall be punishable by imprisonment from 3 years to 12 years:

a) For profit;

b) Organized;

c) Taking advantage of their position or authority;

d) Using sophisticated, cunning methods;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the offense causes damage of 1,000,000,000 VND or more, the penalty is imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 223. Crime of collusion and covering up for taxpayers causing serious consequences

1. Anyone who takes advantage of their position or authority to commit one of the following acts, causing the loss of taxes payable from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has already been disciplined for this act and still violates, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Implementing tax exemptions, tax reductions, debt cancellation, penalty cancellation, or tax refunds not in accordance with the provisions of the Law on Tax Administration and other provisions of tax law;

b) Confirming the fulfillment of tax obligations by taxpayers not in accordance with the Law on Tax Administration and other provisions of tax law.

2. If the crime falls into any of the following cases, the offender shall be punished with imprisonment from 03 years to 12 years:

a) For profit;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing a loss of tax revenue from 300,000,000 VND to under 1,000,000,000 VND.

3. Committing the crime of causing a loss of tax revenue of 1,000,000,000 VND or more shall be punishable by imprisonment from 10 to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 224. Crime of violating regulations on public construction investment causing serious consequences

1. Anyone who takes advantage of their position or authority to commit one of the following acts, causing damage from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has already been disciplined for this act and still violates the law, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Deciding on construction investment contrary to the provisions of the Construction Law;

b) Preparing, appraising, approving designs, estimates, adjusting estimates, and accepting projects using state funds contrary to the provisions of the Construction Law;

c) Selecting contractors who do not have sufficient capacity to carry out construction activities;

d) Colluding or arranging to distort the results of project preparation, surveying, designing, supervising construction, or building works.

2. If the crime falls into any of the following cases, the offender shall be punished with imprisonment from 03 years to 12 years:

a) For profit;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the offense causes damage of 1,000,000,000 VND or more, the penalty is imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 225. Offense of infringing copyright and related rights

1. Anyone who, without the permission of the copyright holder or related rights holder, intentionally performs one of the following acts, infringing copyrighted works or related rights protected in Vietnam, and gains illegal profits from 50,000,000 VND to under 300,000,000 VND, or causes damage to the copyright holder or related rights holder from 100,000,000 VND to under 500,000,000 VND, or the value of infringing goods from 100,000,000 VND to under 500,000,000 VND, shall be fined from 50,000,000 VND to 300,000,000 VND or sentenced to non-custodial reform for up to 03 years:

a) Copying works, audio recordings, videos;

b) Distributing to the public copies of works, copies of audio recordings, copies of videos.

2. Committing a crime under one of the following cases shall be subject to a fine of VND 300,000,000 to VND 1,000,000,000 or imprisonment from 06 months to 03 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Illegally gaining VND 300,000,000 or more;

d) Causing damage to the copyright or related rights holder of VND 500,000,000 or more;

dd) Goods in violation valued at VND 500,000,000 or more.

3. The offender may also be fined from VND 20,000,000 to VND 200,000,000, prohibited from holding positions, banned from practicing certain professions or jobs from 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity that commits the acts stipulated in Clause 1 of this Article, has been administratively sanctioned for this act or has been convicted of this crime, and whose criminal record has not been expunged but still violates, shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing a crime under the case specified in Clause 2 of this Article shall be subject to a fine of VND 1,000,000,000 to VND 3,000,000,000 or suspension of activities for a term of 06 months to 02 years;

c) Commercial legal entities may also be fined from VND 100,000,000 to VND 300,000,000, prohibited from doing business, prohibited from operating in certain fields, or prohibited from raising capital for 01 year to 03 years.

Article 226. Crime of infringing industrial property rights

1. Anyone who intentionally infringes industrial property rights on trademarks or geographical indications protected in Vietnam, unlawfully profits from VND 100,000,000 to under VND 300,000,000, or causes damage to the owner of the trademark or geographical indication from VND 200,000,000 to under VND 500,000,000, or goods in violation valued from VND 200,000,000 to under VND 500,000,000, shall be fined from VND 50,000,000 to VND 500,000,000 or subjected to non-custodial reform for up to 03 years.

2. Committing the crime under one of the following cases shall be subject to a fine from VND 500,000,000 to VND 1,000,000,000 or imprisonment from 06 months to 03 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Illegally gaining VND 300,000,000 or more;

d) Causing damage to the owner of the trademark or geographical indication of VND 500,000,000 or more;

dd) Goods in violation valued at VND 500,000,000 or more.

3. The offender may also be fined from VND 20,000,000 to VND 200,000,000, prohibited from holding positions, banned from practicing certain professions or jobs from 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity that commits the act prescribed in Clause 1 of this Article, has already been administratively sanctioned for this act or has been convicted of this crime, and has not had the criminal record expunged but still violates, shall be fined from 500,000,000 VND to 2,000,000,000 VND;

b) Committing the crime under the case prescribed in Clause 2 of this Article shall be fined from 2,000,000,000 VND to 5,000,000,000 VND or suspended from operation for a term of 06 months to 02 years;

c) The commercial legal entity may also be fined from 100,000,000 VND to 500,000,000 VND, prohibited from conducting business, prohibited from operating in certain specific sectors, or prohibited from raising capital for 01 year to 03 years.

Article 227. Crime of violating regulations on research, exploration, and exploitation of resources

1. Anyone who violates the State's regulations on research, exploration, and exploitation of resources in the mainland, islands, internal waters, territorial sea, exclusive economic zone, continental shelf, and airspace of Vietnam without a permit or not in accordance with the content of the permit, and falls into one of the following cases, or has been administratively sanctioned for this act, or has been convicted of this crime, whose criminal record has not been expunged and continues to violate, shall be subject to a fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 6 months to 3 years:

a) Illegally profiting from the research, exploration, and exploitation of water resources, oil and gas, or other types of minerals from 100,000,000 VND to below 500,000,000 VND;

b) Minerals worth from 500,000,000 VND to below 1,000,000,000 VND;

c) Causing injury or harming the health of another person with a body injury rate from 31% to 60%.

2. Committing an offense under one of the following cases shall be punished with a fine of VND 1,500,000,000 to VND 5,000,000,000 or imprisonment of 2 years to 7 years:

a) Illegally gaining profits from research, exploration, or exploitation of water resources, oil and gas, or other types of minerals of VND 500,000,000 or more;

b) Minerals valued at VND 1,000,000,000 or more;

c) Organizing;

d) Causing environmental incidents;

dd) Causing injury or harm to the health of 2 people with a body injury rate of 61% or more for each person, or causing injury or harm to the health of 4 people with a body injury rate of 31% or more for each person;

e) Causing death.

3. The offender may also be fined from VND 50,000,000 to VND 500,000,000.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) A commercial legal entity that commits the acts prescribed in Clause 1 of this Article, has been administratively sanctioned for this act but still violates it or has been convicted of this crime, and the record has not been expunged but continues to violate, shall be fined from VND 1,500,000,000 to VND 3,000,000,000;

b) Committing the crime in the case prescribed in Clause 2 of this Article shall be fined from VND 3,000,000,000 to VND 7,000,000,000 or have its operations suspended for a period of 6 months to 3 years;

c) The commercial legal entity may also be fined from 100,000,000 VND to 500,000,000 VND, prohibited from conducting business, prohibited from operating in certain specific sectors, or prohibited from raising capital for 01 year to 03 years.

Article 228. Crime of violating regulations on land use

1. Anyone who encroaches on land, transfers land use rights, or uses land contrary to the provisions of law on land management and use, has been administratively sanctioned for this act or has been convicted of this crime, and the record has not been expunged but continues to violate, shall be fined from VND 50,000,000 to VND 500,000,000, sentenced to non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.

2. Committing an offense in one of the following cases shall be punished with a fine from 500,000,000 VND to 2,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 229. Crimes of violating regulations on land management

1. Anyone who takes advantage of or abuses their position or powers in allocating land, reclaiming land, leasing, permitting the transfer of land use rights, or allowing the change of land use purpose contrary to the provisions of law in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Rice-growing land with an area from 5,000 square meters (m2) to under 30,000 square meters (m2); special-use forest land, protection forest, production forest land with an area from 10,000 square meters (m2) to under 50,000 square meters (m2); other agricultural land and non-agricultural land with an area from 10,000 square meters (m2) to under 40,000 square meters (m2);

b) Land with land use right value converted to money from 500,000,000 VND to under 2,000,000,000 VND for agricultural land or from 1,000,000,000 VND to under 5,000,000,000 VND for non-agricultural land;

c) Has been disciplined for this behavior but still violates it.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Rice-growing land with an area from 30,000 square meters (m²) to under 70,000 square meters (m²); special-use forest land, protection forest land, production forest land with an area from 50,000 square meters (m²) to under 100,000 square meters (m²); other agricultural land and non-agricultural land with an area from 40,000 square meters (m²) to under 80,000 square meters (m²);

c) Land with land-use right value converted into money from 2,000,000,000 VND to under 7,000,000,000 VND for agricultural land or from 5,000,000,000 VND to under 15,000,000,000 VND for non-agricultural land;

d) Causing adverse effects on security, order, and social safety.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Rice-growing land with an area of 70,000 square meters (m²) or more; special-use forest land, protection forest land, production forest land with an area of 100,000 square meters (m²) or more; other agricultural land and non-agricultural land with an area of 80,000 square meters (m²) or more;

b) Land with a land use right value converted into money of 7,000,000,000 VND or more for agricultural land, or 15,000,000,000 VND or more for non-agricultural land.

4. The offender may also be fined from 10,000,000 VND to 150,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain jobs for 01 year to 05 years.

Article 230. Crime of violating regulations on compensation, support, and resettlement when the State recovers land

1. Anyone who takes advantage of their position or authority to perform one of the following acts, causing property damage from 100,000,000 VND to under 300,000,000 VND, or under 100,000,000 VND but has been disciplined for this act and still violates, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Violating the provisions of the law on land compensation, support, and resettlement;

b) Violation of legal regulations on compensation for property, on business production.

2. Committing an offense under one of the following cases shall be punishable by imprisonment from 3 years to 12 years:

a) For profit or for other personal motives;

b) Organized;

c) Using sophisticated or cunning means;

d) Causing adverse effects on security, order, and social safety;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.

3. If the offense causes damage of 1,000,000,000 VND or more, the penalty is imprisonment from 10 years to 20 years.

4. The offender may also be banned from holding certain positions or performing certain jobs for 01 to 05 years, or have a portion or all of their assets confiscated.

Article 231. Crime of intentionally violating regulations on the distribution of money and relief goods

1. Whoever takes advantage of their position or authority to intentionally violate the regulations on the distribution of money and relief goods, causing damage or loss of relief money or goods from 100,000,000 VND to under 300,000,000 VND, shall be subject to warning, a fine from 50,000,000 VND to 200,000,000 VND, or non-custodial reform for up to 2 years.

2. Committing the crime under one of the following circumstances shall be punished with a fine from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 1 year to 5 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Causing damage or loss of relief money or goods of 300,000,000 VND or more;

d) Causing adverse effects on security, order, and social safety.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 232. Crime of violating regulations on forest exploitation, protection, and forest product management

1. Any person who commits one of the following acts, if not falling under the cases stipulated in Article 243 of this Code, shall be subject to a fine of from 50,000,000 VND to 300,000,000 VND, non-custodial correction for up to 03 years, or imprisonment from 06 months to 03 years:

a) Illegally exploiting production forest with a volume from 20 cubic meters (m3) to under 40 cubic meters (m3) of common plant species wood; from 12.5 cubic meters (m3) to under 25 cubic meters (m3) of wood from endangered, precious, and rare forest plant species Group IIA;

b) Illegally exploiting protection forest with a volume from 15 cubic meters (m3) to under 30 cubic meters (m3) of common plant species wood; from 10 cubic meters (m3) to under 20 cubic meters (m3) of wood from endangered, precious, and rare forest plant species Group IIA;

c) Illegal exploitation of special-use forests with a volume from 15 cubic meters (m3) to less than 30 cubic meters (m3) of ordinary plant species wood; from 5 cubic meters (m3) to less than 10 cubic meters (m3) of endangered, precious, rare forest plant species of Group IIA; Group IIA plants valued from 50,000,000 VND to less than 100,000,000 VND;

d) Illegal exploitation of non-timber forest plants valued from 100,000,000 VND to less than 200,000,000 VND;

đ) Exploitation of critically endangered, precious, rare plants prioritized for protection, other Group IA plants valued from 30,000,000 VND to less than 60,000,000 VND or from 1 cubic meter (m3) to less than 2 cubic meters (m3) of wood in production forests or from 0.5 cubic meters (m3) to less than 1.5 cubic meters (m3) in protection forests or from 0.5 cubic meters (m3) to less than 1 cubic meter (m3) of wood in special-use forests or nature reserves;

e) Illegally storing, transporting, processing, or trading from 1.5 cubic meters (m3) to under 3 cubic meters (m3) of endangered, precious, rare species wood of Group IA or wood originating from abroad of species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or species listed in the list of endangered, precious, rare species prioritized for protection; from 10 cubic meters (m3) to under 20 cubic meters (m3) of endangered, precious, rare plant species of Group IIA or wood originating from abroad of species listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; from 20 cubic meters (m3) to under 40 cubic meters (m3) of common plant species wood;

g) Illegally storing, transporting, processing, or trading other wild plant species valued from 300,000,000 VND to under 600,000,000 VND;

h) Illegal items with a weight or value below the minimum level specified in one of the points a, b, c, d, đ, or e of this clause but have been administratively sanctioned for this act or have been convicted of this crime, whose criminal record has not been expunged, and still violate the law.

2. Committing a crime under one of the following cases shall be subject to a fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 2 years to 7 years:

a) Illegal exploitation of production forests with a volume from 40 cubic meters (m3) to less than 80 cubic meters (m3) of common plant species wood; from 25 cubic meters (m3) to less than 50 cubic meters (m3) of endangered, precious, rare Group IIA plant species wood;

b) Illegal exploitation of protective forests with a volume from 30 cubic meters (m3) to less than 60 cubic meters (m3) of common plant species wood; from 20 cubic meters (m3) to less than 40 cubic meters (m3) of endangered, precious, rare Group IIA plant species wood;

c) Illegal exploitation of special-use forests with a volume from 30 cubic meters (m3) to under 60 cubic meters (m3) of common plant species wood; from 10 cubic meters (m3) to under 20 cubic meters (m3) of wood from endangered, precious, rare plant species Group IIA;

d) Illegal exploitation of forest plants other than wood valued from 200,000,000 VND to under 400,000,000 VND;

d) Illegally storing, transporting, processing, or trading from 03 cubic meters (m3) to under 06 cubic meters (m3) of wood of endangered, precious, or rare plant species in Group IA or wood originating from abroad of plant species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or species in the list of endangered, precious, and rare species prioritized for protection; from 20 cubic meters (m3) to under 40 cubic meters (m3) of wood of endangered, precious, and rare plant species in Group IIA or wood originating from abroad of plant species listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; from 40 cubic meters (m3) to under 80 cubic meters (m3) of wood of common plant species;

e) Illegally storing, transporting, processing, or trading other wild plant species valued from 600,000,000 VND to under 1,200,000,000 VND;

g) Committing crimes across the border or from the duty-free zone into the domestic area or vice versa;

h) Committing crimes in an organized manner;

i) Dangerous recidivism.

3. Committing crimes in one of the following cases shall be punished with imprisonment from 5 to 10 years.

a) Illegal exploitation in production forests of 80 cubic meters (m3) or more of common plant species wood; 50 cubic meters (m3) or more of endangered, precious, rare plant species Group IIA wood;

b) Illegal exploitation in protection forests of 60 cubic meters (m3) or more of common plant species wood; 40 cubic meters (m3) or more of endangered, precious, rare plant species Group IIA wood;

c) Illegal exploitation in special-use forests of 60 cubic meters (m3) or more of common plant species wood; 20 cubic meters (m3) or more of endangered, precious, rare plant species Group IIA wood;

d) Illegal exploitation of other forest plants valued at 400,000,000 VND or more;

d) Illegally storing, transporting, processing, buying, or selling 06 cubic meters (m3) or more of wood from endangered, precious, and rare plant species of Group IA or wood originating from foreign countries from plant species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or species listed as endangered, precious, and rare that are prioritized for protection; 40 cubic meters (m3) or more of wood from endangered, precious, and rare plant species of Group IIA or wood originating from foreign countries from plant species listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 80 cubic meters (m3) or more of wood from common plant species;

e) Storing, transporting, processing, or illegally buying and selling other wild plant species with a value of 1,200,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the case prescribed in Clause 1 of this Article, having already been administratively sanctioned for this act and still violating it, except for the case prescribed at point g, Clause 1 of this Article, shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case prescribed in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND or have their operations suspended for a term of 06 months to 03 years;

c) Committing an offense under the circumstances prescribed in Clause 3 of this Article shall be subject to a fine of from 3,000,000,000 VND to 6,000,000,000 VND or suspension of operations for a term from 06 months to 03 years;

d) A commercial legal entity may also be subject to a fine of from 100,000,000 VND to 500,000,000 VND, prohibition from business, prohibition from operating in certain sectors, or prohibition from raising capital for a term from 01 year to 03 years.

Article 233. Offense of violating regulations on forest management

1. Anyone who takes advantage of or abuses their position or powers to carry out one of the following acts shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Illegal allocation of forests, forest land, recovery of forests, and forest land from 20,000 square meters (m2) to less than 25,000 square meters (m2) for production forests; from 15,000 square meters (m2) to less than 20,000 square meters (m2) for protection forests; or from 10,000 square meters (m2) to less than 15,000 square meters (m2) for special-use forests, if not falling under the case specified in Article 229 of this Code;

b) Illegally allowing the conversion of forest or forest land for other purposes from 10,000 square meters (m2) to less than 12,500 square meters (m2) for production forests; from 7,500 square meters (m2) to less than 10,000 square meters (m2) for protection forests; or from 5,000 square meters (m2) to less than 7,500 square meters (m2) for special-use forests, if not falling under the case specified in Article 229 of this Code;

c) Illegally allowing the exploitation and transportation of forest products under one of the cases specified in Clause 1, Article 232 of this Code.

d) Has been disciplined for this behavior but still violates it.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Allocating forest land, forest planting land, or recovering forest, forest planting land illegally from 25,000 square meters (m2) to under 40,000 square meters (m2) for production forest; from 20,000 square meters (m2) to under 30,000 square meters (m2) for protection forest; or from 15,000 square meters (m2) to under 25,000 square meters (m2) for special-use forest;

d) Allowing illegal conversion of forest land, forest planting land from 12,500 square meters (m2) to under 17,000 square meters (m2) for production forest; from 10,000 square meters (m2) to 15,000 square meters (m2) for protection forest; or from 7,500 square meters (m2) to 12,000 square meters (m2) for special-use forest;

dd) Allowing illegal harvesting or transportation of forest products in one of the cases specified in Clause 2, Article 232 of this Code.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Illegal handing over of forests and forest land, or illegal reclamation of forests and forest land of 40,000 square meters (m2) or more for production forests; 30,000 square meters (m2) or more for protection forests; or 25,000 square meters (m2) or more for special-use forests;

b) Allowing illegal conversion of forest and forest land for other purposes of 17,000 square meters (m2) or more for production forests; 15,000 square meters (m2) or more for protection forests; or 12,000 square meters (m2) or more for special-use forests.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND or prohibited from holding certain positions for 01 year to 05 years.

Article 234. Crime of violating regulations on management and protection of wild animals

1. Any person who commits one of the following acts, if not falling under the cases specified in Articles 242 and 244 of this Code, shall be subject to a fine of 50,000,000 VND to 300,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Hunting, killing, raising, confining, transporting, or illegally trading endangered, precious, rare animals Group IIB or listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora with a value from 300,000,000 VND to under 1,000,000,000 VND; other common wild animals with a value from 500,000,000 VND to under 1,500,000,000 VND;

b) Illegally storing, transporting, or trading individuals, body parts, or products of endangered, precious, and rare animals in Group IIB or listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora with a value from 300,000,000 VND to under 1,000,000,000 VND, or of other common wild animals with a value from 500,000,000 VND to under 1,500,000,000 VND;

c) Committing the crime when the animals, body parts, or animal products have a value below the threshold specified in points a and b of this clause but have been administratively sanctioned for the same act or have been convicted of this crime and have not had their criminal record expunged but still violate it.

2. Committing the offense under any of the following cases shall be subject to a fine from 300,000,000 VND to 1,500,000,000 VND or imprisonment from 3 years to 7 years:

a) Organized;

b) Abusing position, authority, or using the name of an agency or organization;

c) Using tools or hunting methods that are prohibited;

d) Hunting in prohibited areas or during prohibited times;

d) Trading or transporting across borders;

e) The quantity of endangered and rare animals in Group IIB or listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora valued from 1,000,000,000 VND to under 2,000,000,000 VND; common wild animals or their parts or products valued at 1,500,000,000 VND or more;

g) Illicit gains from 200,000,000 VND to under 500,000,000 VND;

h) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) The quantity of endangered and rare animals in Group IIB or listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora or their parts or products valued at 2,000,000,000 VND or more;

b) Illegally gaining 500,000,000 VND or more.

4. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from holding certain positions, prohibited from practicing a profession or performing certain jobs for a term from 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the circumstances specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing an offense under the circumstances prescribed in Clause 3 of this Article shall be subject to a fine of from 3,000,000,000 VND to 6,000,000,000 VND or suspension of operations for a term from 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, be prohibited from business, prohibited from activities in certain sectors, or prohibited from capital mobilization for 01 year to 03 years.

Chapter XIX. ENVIRONMENTAL CRIMES

Article 235. Crime of causing environmental pollution

1. Anyone who commits one of the following acts shall be fined from 100,000,000 VND to 1,000,000,000 VND or imprisoned from 01 year to 05 years:

a) Buries, covers, dumps, or discharges into the environment hazardous waste or non-biodegradable organic substances that must be eliminated according to the provisions in Annex A of the Stockholm Convention on persistent organic pollutants in violation of the law, from 3,000 kilograms to under 5,000 kilograms;

b) Discharges into the environment from 5,000 cubic meters (m³)/day to under 10,000 cubic meters (m³)/day of wastewater with hazardous environmental parameters exceeding the technical waste standards by 10 times or more;

c) Discharges wastewater into the environment containing radioactive substances causing environmental radiation exceeding the technical standards from 02 times to under 04 times;

d) Discharging into the environment from 5,000 cubic meters (m³)/day to under 10,000 cubic meters (m³)/day of wastewater with a pH from 0 to under 2 or from 12.5 to 14;

de) Emitting into the environment from 300,000 cubic meters (m³)/hour to under 500,000 cubic meters (m³)/hour of dust or exhaust gas that exceeds the technical standards for waste by 10 times or more;

e) Burying, filling, dumping, or discharging into the environment ordinary solid waste illegally from 200,000 kilograms to under 500,000 kilograms;

g) Waste containing radioactive substances, causing environmental radiation contamination, belonging to medium-hazard radioactive sources according to the national technical standards on radiation safety – subgroups and classification of radioactive sources – exceeding the permissible standard;

h) Releasing radiation or radioactivity into the environment exceeding technical standards or exceeding the regulated limits from 2 times to under 4 times.

2. Committing any of the following offenses shall be subject to a fine from 1,000,000,000 VND to 3,000,000,000 VND or imprisonment from 03 years to 07 years:

a) Burying, covering, dumping, or discharging hazardous waste or difficult-to-degrade organic substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants in violation of the law, with a quantity of 5,000 kilograms or more;

b) Discharging into the environment 10,000 cubic meters (m3)/day or more of wastewater with hazardous environmental parameters exceeding the technical standards for waste by 10 times or more;

c) Discharging wastewater into the environment containing radioactive substances causing environmental contamination exceeding the technical standards by 4 times or more;

d) Discharging into the environment 10,000 cubic meters (m3)/day or more of wastewater with a pH from 0 to less than 2 or from 12.5 to 14;

d) Releasing into the environment 500,000 cubic meters (m3) per hour or more of dust and exhaust gases exceeding the technical standards for waste by 10 times or more;

e) Burying, dumping, discharging into the environment ordinary solid waste in violation of the law of 500,000 kilograms or more;

g) Waste containing radioactive substances that cause environmental radiation, belonging to radioactive sources with hazard levels above average according to the National Technical Regulation on Radiation Safety – subgrouping and classification of radioactive sources exceeding permissible standards;

h) Emitting radiation or radioactive substances into the environment exceeding technical standards or exceeding the prescribed limits by 4 times or more.

3. Anyone who commits one of the following acts, has been administratively sanctioned for this act or has been convicted of this crime, has not had the criminal record expunged but continues to violate, shall be subject to a fine of 50,000,000 to 500,000,000 VND or imprisonment from 03 months to 02 years:

a) Burying, covering, dumping, discharging hazardous waste or persistent organic pollutants that must be eliminated according to the provisions of Annex A of the Stockholm Convention on persistent organic pollutants in violation of the law from 1,000 kilograms to under 3,000 kilograms;

b) Transferring, giving, buying, selling hazardous waste or persistent organic pollutants on the list of prohibited substances in violation of the law from 2,000 kilograms or more;

c) Discharging into the environment from 1,000 cubic meters (m3)/day to 10,000 cubic meters (m3)/day of wastewater with hazardous environmental parameters exceeding the technical standards for waste from 5 times to under 10 times;

d) Discharging wastewater into the environment containing radioactive substances causing environmental radiation exceeding the permissible technical standards or exceeding the limit according to regulations from 1 time to less than 2 times;

d) Discharging into the environment from 1,000 cubic meters (m3)/day to less than 10,000 cubic meters (m3)/day of wastewater with a pH from 0 to less than 2 or from 12.5 to 14;

e) Emitting into the environment from 150,000 cubic meters (m3)/hour to less than 300,000 cubic meters (m3)/hour of dust and exhaust gases exceeding the technical standards for waste by 10 times or more;

g) Burying, landfilling, dumping, or discharging ordinary solid waste into the environment in violation of the law from 100,000 kilograms to 200,000 kilograms;

h) Waste containing radioactive substances, causing environmental radiation, from radioactive sources with danger levels below average according to national technical standards on radiation safety - subgroups and classification of radioactive sources exceeding permissible standards;

i) Releasing radiation or radioactive substances into the environment exceeding technical standards or surpassing limits prescribed by regulations from 1 time to less than 2 times.

4. The offender may also be fined from 30,000,000 VND to 200,000,000 VND, be prohibited from holding certain positions, from practicing a profession, or from performing specific work for 1 to 5 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the circumstances specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 5,000,000,000 VND;

b) If the crime falls under the case specified in Clause 2 of this Article, the offender shall be fined from 5,000,000,000 VND to 10,000,000,000 VND or temporarily suspended from activities for a period of 6 months to 3 years;

c) If the crime falls under the case specified in Clause 3 of this Article, the offender shall be fined from 500,000,000 VND to 3,000,000,000 VND;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) Commercial legal entities may also be fined from 50,000,000 VND to 500,000,000 VND, banned from business or restricted from operating in certain sectors for 1 to 3 years.

Article 236. Crime of violating regulations on the management of hazardous waste

1. Anyone with authority who allows the burial, filling, dumping, or disposal in violation of the law of hazardous waste listed in the category of persistent organic pollutants to be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, from 3,000 kilograms to under 5,000 kilograms; waste containing radioactive substances that cause environmental radiation belonging to radioactive sources with a hazard level below average according to the national technical regulations on radiation safety – subgrouping and classification of radioactive sources exceeding the permissible limit, shall be fined from 50,000,000 VND to 200,000,000 VND, be subject to non-custodial reform for up to 02 years, or be sentenced to imprisonment from 03 months to 02 years.

2. Committing an offense in one of the following cases shall be subject to a fine of from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 2 years to 5 years:

a) Hazardous waste listed in the category of persistent organic pollutants that must be eliminated according to Appendix A of the Stockholm Convention on persistent organic pollutants from 5,000 kilograms to less than 10,000 kilograms; waste containing radioactive substances, causing environmental radiation contamination, belonging to radioactive sources of medium hazard level according to the national technical regulations on radiation safety - sub-grouping and classification of radioactive sources exceeding the allowed limit;

b) Organized;

c) Commit the crime two or more times;

d) Dangerous recidivism.

3. Committing a crime in cases where hazardous waste belongs to the category of persistent organic pollutants that need to be eliminated according to Appendix A of the Stockholm Convention on persistent organic pollutants in quantities of 10,000 kilograms or more; waste containing radioactive substances, causing environmental radiation contamination from sources with above-average hazard levels according to national technical standards on radiation safety - subgroups and classification of radioactive sources exceeding allowable standards, shall be punished with imprisonment from 5 to 10 years;

4. The offender may also be fined from 10,000,000 VND to 150,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain jobs for 01 year to 05 years.

Article 237. Crime of violating regulations on environmental incident prevention, response, and remediation

1. Whoever commits one of the following acts shall be subject to a fine of VND 50,000,000 to VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

a) Violating regulations on environmental incident prevention causing an environmental incident;

b) Violating regulations on response and remediation of environmental incidents, causing serious environmental pollution or harming the health of others with a body injury rate of 31% or more, or causing damage from 1,000,000,000 VND to under 3,000,000,000 VND.

2. Committing an offense in one of the following cases shall be punished with a fine from 500,000,000 VND to 2,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Causing death;

b) Causing damage from 3,000,000,000 VND to under 7,000,000,000 VND.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 2 or more people;

b) Causing property damage of 7,000,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing a profession or performing certain work from 1 year to 5 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the case specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 3,000,000,000 VND;

b) Committing crimes under the cases prescribed in Clause 2 of this Article shall be fined from 3,000,000,000 VND to 5,000,000,000 VND;

c) Committing crimes under the cases prescribed in Clause 3 of this Article shall be fined from 5,000,000,000 VND to 10,000,000,000 VND;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) Commercial legal entities may also be fined from 100,000,000 VND to 500,000,000 VND, prohibited from doing business, and banned from operating in certain fields from 01 year to 03 years.

Article 238. Offense of violating regulations on the protection of the safety of irrigation works, dikes, and disaster prevention and control; violation of regulations on the protection of riverbanks and riverbeds

1. Whoever commits one of the following acts, causing injury or harm to the health of another person with a body injury rate of 31% or more, or causing damage from 100,000,000 VND to under 300,000,000 VND, shall be subject to a fine of 50,000,000 VND to 300,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 03 months to 02 years:

a) Illegally constructing houses or works within the safety protection scope of irrigation works, dikes, and disaster prevention and control;

b) Destroying or damaging irrigation works, dikes, disaster prevention and control works, works for protection, exploitation, use, monitoring, supervision of water resources, works for prevention and remediation of harmful effects caused by water, except in cases prescribed in Article 303 of this Code;

c) Drilling, exploratory excavation, surveying, exploiting soil, rock, sand, gravel, minerals, underground water illegally;

d) Using explosives, causing explosions, causing fires within the protection scope of irrigation works, dikes, disaster prevention and control; works for protection, exploitation, use, observation, monitoring of water resources, works for prevention and remedying of damage caused by water, except in cases with a permit or in emergencies as prescribed by law;

đ) Operating reservoirs, reservoir systems, flood diversion works, flood delaying works not according to allowed procedures and technical standards, except in special cases carried out under the direction of the competent authority.

2. Committing an offense under one of the following cases shall be subject to a fine of from 300,000,000 VND to 2,000,000,000 VND or imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Causing death;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND;

dd) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 2 or more people;

b) Cause damage of 1,000,000,000 VND or more.

4. The offender may also be subject to a fine of from 10,000,000 VND to 50,000,000 VND, ban from practicing a profession or performing certain jobs from 02 years to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the circumstances specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing an offense under the case specified in Clause 3 of this Article shall be subject to a fine of from 3,000,000,000 VND to 5,000,000,000 VND;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 100,000,000 VND to 500,000,000 VND, prohibited from doing business, or prohibited from operating in certain fields for a period of 01 to 03 years.

Article 239. Crime of bringing waste into the territory of Vietnam

1. Anyone who commits one of the following acts shall be fined from 200,000,000 VND to 1,000,000,000 VND, sentenced to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

a) Bringing hazardous waste or difficult-to-decompose organic substances that must be eliminated according to the provisions in Annex A of the Stockholm Convention from 1,000 kilograms to 3,000 kilograms into the territory of Vietnam;

b) Bringing other waste from 70,000 kilograms to less than 170,000 kilograms into the territory of Vietnam.

2. Committing the offense in one of the following cases will be subject to a fine from 1,000,000,000 VND to 2,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Organized;

b) Hazardous waste or difficult-to-decompose organic substances that must be eliminated according to the provisions in Annex A of the Stockholm Convention with a weight from 3,000 kilograms to less than 5,000 kilograms;

c) Other waste with a weight from 170,000 kilograms to less than 300,000 kilograms.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Hazardous waste or difficult-to-decompose organic substances that must be eliminated according to the provisions in Annex A of the Stockholm Convention with a weight of 5,000 kilograms or more;

b) Other waste with a weight of 300,000 kilograms or more.

4. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from holding certain positions, prohibited from practicing a profession or performing certain jobs for a term from 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the case specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 3,000,000,000 VND;

b) If the offense falls under the case specified in paragraph 2 of this Article, the offender shall be fined from VND 3,000,000,000 to VND 5,000,000,000 or temporarily suspended from operation for 06 months to 01 year;

c) If the offense falls under the case specified in paragraph 3 of this Article, the offender shall be fined from VND 5,000,000,000 to VND 7,000,000,000 or be suspended from operation for a term of 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) Commercial legal entities may also be fined from 100,000,000 VND to 500,000,000 VND, prohibited from doing business, and banned from operating in certain fields from 01 year to 03 years.

Article 240. Offense of spreading dangerous infectious diseases to humans

1. Anyone who commits one of the following acts and causes the spread of a dangerous infectious disease to humans shall be fined from VND 50,000,000 to VND 200,000,000 or imprisoned from 01 year to 05 years:

a) Bringing out or allowing to bring out of an epidemic area animals, plants, animal products, plant products, or other items capable of transmitting dangerous infectious diseases to humans, except in cases where the law provides otherwise;

b) Introducing or allowing the introduction into the territory of Vietnam of animals, plants, or animal and plant products that are infected or carry dangerous pathogens capable of transmitting to humans;

c) Other acts that spread dangerous epidemics to humans.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Leading to the need to announce an epidemic under the authority of the Chairman of the Provincial People's Committee or the Minister of Health;

b) Causing human death.

3. Committing a crime under one of the following cases shall be punishable by imprisonment from 10 to 12 years:

a) Leading to the need to announce a service under the authority of the Prime Minister;

b) Causing the death of 2 or more people.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

Article 241. Crime of spreading dangerous epidemics for animals and plants

1. Anyone who commits one of the following acts, causing the spread of dangerous epidemics for animals or plants, resulting in property damage from 100,000,000 VND to 500,000,000 VND, or having been administratively sanctioned for one of these acts and still violates, shall be fined from 50,000,000 VND to 200,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

a) Introducing, exporting, or allowing the introduction or export from epidemic areas of animals, plants, animal or plant products, or other items infected or carrying pathogens, except in cases where the law provides otherwise;

b) Introducing or allowing the introduction into the territory of Vietnam of animals, plants, or animal or plant products subject to quarantine without complying with legal regulations on quarantine;

c) Other acts causing the spread of dangerous diseases to animals or plants.

2. Committing the offense in one of the following cases shall be punished with imprisonment from 02 to 05 years:

a) Causing property damage from 500,000,000 VND to less than 1,000,000,000 VND;

b) Leading to the necessity of declaring an epidemic under the authority of the Chairman of the District People’s Committee or the Chairman of the Provincial People’s Committee.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Causing property damage of 1,000,000,000 VND or more;

b) Leading to the necessity of declaring an epidemic under the authority of the Minister of Agriculture and Rural Development.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

Article 242. Crime of destroying aquatic resources

1. Anyone who violates the regulations on the protection of aquatic resources in any of the following cases, causing damage to aquatic resources from 100,000,000 VND to under 500,000,000 VND or obtaining aquatic products valued from 50,000,000 VND to under 200,000,000 VND, or has been administratively sanctioned for one of these acts or has been convicted of this crime and has not had their criminal record cleared but continues to violate, shall be subject to a fine of 50,000,000 VND to 300,000,000 VND, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

a) Using poisons, explosives, other chemicals, electric current, or prohibited means and fishing gear to exploit aquatic resources or destroy aquatic resources;

b) Exploiting aquatic products in prohibited areas, temporarily prohibited areas according to the provisions of the law;

c) Exploiting aquatic species that are prohibited from being exploited according to the provisions of the law;

d) Damaging the habitats of aquatic species listed as endangered, precious, or rare according to legal regulations;

e) Causing injury or harm to another person's health with a body injury rate from 31% to 61%;

f) Violating other regulations on the protection of aquatic resources.

2. Committing the crime under one of the following cases shall be subject to a fine from VND 300,000,000 to VND 1,000,000,000 or imprisonment from 3 years to 5 years:

a) Causing damage to aquatic resources from VND 500,000,000 to under VND 1,500,000,000 or obtaining aquatic products valued from VND 200,000,000 to under VND 500,000,000;

b) Causing injury or harm to the health of 2 people with a body injury rate of 61% or more for each person or causing injury or harm to the health of 4 people with a body injury rate of 31% or more for each person;

c) Causing death.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing damage to aquatic resources of 1,500,000,000 VND or more, or obtaining aquatic products worth 500,000,000 VND or more;

b) Causing the death of 2 or more people.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the circumstances specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND;

c) Committing the crime under the circumstances specified in Clause 3 of this Article, shall be fined from 3,000,000,000 VND to 5,000,000,000 VND or have their activities suspended for a term of 06 months to 03 years;

d) The commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from doing business, prohibited from operating in certain fields for 1 to 3 years, or prohibited from raising capital for 1 to 3 years.

Article 243. Crime of forest destruction

1. Anyone who illegally burns, destroys forests, or has other acts of forest destruction in one of the following cases shall be fined from 50,000,000 VND to 500,000,000 VND, subjected to non-custodial reform up to 03 years, or imprisoned from 01 year to 05 years:

a) Trees not yet forming a forest or protected regeneration forests belonging to forests without reserves with an area from over 30,000 square meters (m2) to under 50,000 square meters (m2);

b) Production forests with an area from over 5,000 square meters (m2) to under 10,000 square meters (m2);

c) Protective forest with an area from over 3,000 square meters (m2) to under 7,000 square meters (m2);

d) Special-use forest with an area from over 1,000 square meters (m2) to under 3,000 square meters (m2);

dd) Causing damage to forest products valued from over 30,000,000 VND to under 60,000,000 VND for production forests that are natural forests; from over 50,000,000 VND to under 100,000,000 VND for production forests that are plantation forests, or forests enclosed for regeneration in cases where the forest damage cannot be measured by the area of forest burned, destroyed, or other acts of forest destruction that are not concentrated but scattered within the same sub-zone or multiple sub-zones;

e) Forest area or value of forest products and plants below the level specified in one of points a, b, c, d, and dd of clause 1 of this Article, which has already been administratively sanctioned for this act and still violates it, or has been convicted of this crime, with the record not yet expunged and still commits violations.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Abusing position, authority, or using the name of an agency or organization;

c) Dangerous recidivism;

d) Crops that have not yet become forest or forest under regeneration felling belong to the forest status type with an area from 50,000 square meters (m2) to less than 100,000 square meters (m2);

d) Production forest with an area from 10,000 square meters (m2) to less than 50,000 square meters (m2);

e) Protection forest with an area from 7,000 square meters (m2) to less than 10,000 square meters (m2);

g) Special-use forest with an area from 3,000 square meters (m2) to less than 5,000 square meters (m2);

h) Causing damage to forest products worth from 60,000,000 VND to less than 120,000,000 VND for production forests that are natural forests; from 100,000,000 VND to less than 200,000,000 VND for production forests that are planted forests, or forests under regeneration felling in cases where the forest damage cannot be measured by the area of forest burned, destroyed, or other destructive acts that are not concentrated but scattered within the same sub-compartment or multiple sub-compartments;

i) Plants belonging to endangered and precious species are prioritized for protection, other types of plants in Group IA valued from over 60,000,000 VND to under 100,000,000 VND; plants in Group IIA valued from 100,000,000 VND to under 200,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Crops that have not yet become forest or forests under regeneration protection belong to the forest status type with an area of 100,000 square meters (m2) or more;

b) Production forest with an area of 50,000 square meters (m2) or more; c) Protection forest with an area of 10,000 square meters (m2) or more; d) Special-use forest with an area of 5,000 square meters (m2) or more;

d) Causing damage to forest products valued at 120,000,000 VND or more for production forests that are natural; 200,000,000 VND or more for production forests that are planted, or for forests undergoing regeneration in cases where forest damage cannot be measured by the area of forest burned or destroyed, or other acts of forest destruction are not concentrated but scattered within the same sub-compartment or across multiple sub-compartments;

e) Plants belonging to endangered and rare species prioritized for protection, other plants in Group IA valued at 100,000,000 VND or more; plants in Group IIA valued at 200,000,000 VND or more.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, be prohibited from holding certain positions, being banned from practicing a profession, or performing certain work for a period of 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the case specified in Clause 1 of this Article shall be fined from 500,000,000 VND to 2,000,000,000 VND;

b) Committing an offense under the case specified in Clause 2 of this Article shall be fined from 2,000,000,000 VND to 5,000,000,000 VND;

c) Committing the crime under the circumstances specified in Clause 3 of this Article, shall be fined from 5,000,000,000 VND to 7,000,000,000 VND or have their activities suspended for a term of 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, be prohibited from business, prohibited from activities in certain sectors, or prohibited from capital mobilization for 01 year to 03 years.

Article 244. Crime of violating regulations on the management and protection of endangered, precious, and rare animals

1. Any person who violates regulations on the management and protection of animals listed as endangered, precious, and rare species prioritized for protection; endangered and precious animals belonging to Group IB or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in one of the following cases, shall be subject to a fine ranging from 500,000,000 VND to 2,000,000,000 VND or imprisonment from 01 year to 05 years:

a) Illegal hunting, killing, breeding, confining, transporting, or trading animals listed as endangered, precious, and rare species prioritized for protection;

b) Illegally storing, transporting, or trading individuals, body parts, or products of the animal species specified in point a of this clause; ivory weighing from 02 kilograms to less than 20 kilograms; rhinoceros horn weighing from 0.05 kilograms to less than 01 kilogram;

c) Hunting, killing, raising, confining, transporting, or illegally trading endangered or rare animals of Group IB or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, not belonging to species specified in point a of this clause, in quantities of 03 to 07 mammals, 07 to 10 birds or reptiles, or 10 to 15 individuals of other animal classes;

d) Possessing, transporting, or illegally trading from 03 to 07 inseparable body parts of mammals, or from 07 to 10 birds or reptiles, or 10 to 15 individuals of other animal classes of the species specified in point c of this clause.

d) Hunting, killing, raising, confining, transporting, illegally trading animals, or illegally possessing, transporting, trading body parts that cannot be separated from the life of animals of species with numbers below the minimum specified in points b, c, and d of this clause, but have been administratively sanctioned for these acts or have been convicted of this crime and not yet expunged, and still violate the law.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Abusing position, authority, or using the name of an agency or organization;

c) Using tools or hunting methods that are prohibited;

d) Hunting in prohibited areas or during prohibited times;

d) Trading or transporting across borders;

e) The number of animals on the list of endangered, precious, rare species prioritized for protection, or the number of body parts that cannot be separated from the life of these animals from 07 to 10 individuals of mammals, from 07 to 10 individuals of birds, reptiles, or from 10 to 15 individuals of other classes on the list of endangered, precious, rare species prioritized for protection;

g) The number of endangered and rare animals specified in point c, clause 1 of this Article, or the number of inseparable body parts of the same kind from 08 to 11 individuals of mammals, from 11 to 15 individuals of birds or reptiles, or from 16 to 20 individuals of animals belonging to other classes;

h) From 01 to 02 individuals of elephants, rhinos, or inseparable body parts of the same kind; from 03 to 05 individuals of bears, tigers, or inseparable body parts of the same kind; elephant tusks weighing from 20 kilograms to less than 90 kilograms; rhino horns weighing from 01 kilogram to less than 09 kilograms;

i) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) The number of animals listed as endangered, rare, and prioritized for protection, or the number of inseparable body parts of the same kind from 08 or more individuals of mammals, 11 or more individuals of birds or reptiles, or 16 or more individuals of other classes listed as endangered, rare, and prioritized for protection;

b) The number of endangered and rare animals specified in point c, clause 1 of this Article, or the number of body parts inseparable from life of 12 individuals of mammals or more, 16 individuals of birds or reptiles or more, or 21 individuals of animals or more belonging to other classes;

c) From 03 individuals of elephants or rhinoceroses or inseparable body parts of the same type or more; 06 individuals of bears or tigers or inseparable body parts of the same type or more; elephant tusks with a weight of 90 kilograms or more; rhinoceros horns with a weight of 09 kilograms or more.

4. The offender may also be fined from 50,000,000 VND to 200,000,000 VND, prohibited from holding certain positions, prohibited from practicing a profession or performing certain jobs for a term from 01 year to 05 years.

5. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing an offense under the circumstances specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 5,000,000,000 VND;

b) Committing an offense under the circumstances specified in Clause 2 of this Article shall be subject to a fine of from 5,000,000,000 VND to 10,000,000,000 VND;

c) If the crime falls under the case specified in clause 3 of this Article, it shall be fined from 10,000,000,000 VND to 15,000,000,000 VND or have its activities suspended for a term from 06 months to 03 years;

d) Committing an offense falling under the cases prescribed in Article 79 of this Code will result in permanent suspension of operations;

d) A commercial legal entity may also be fined from 300,000,000 VND to 600,000,000 VND, prohibited from doing business, prohibited from operating in certain sectors, or prohibited from raising capital for a period of 1 year to 3 years.

Article 245. Offense of violating regulations on the management of nature reserves

1. Whoever violates the regulations on the management of a nature reserve in one of the following cases shall be fined from 50,000,000 VND to 300,000,000 VND, subject to non-custodial re-education for up to 3 years, or imprisonment from 6 months to 3 years:

a) Causing property damage from 50,000,000 VND to under 200,000,000 VND;

b) Causing damage to the landscape or natural ecosystem in the strictly protected area of the nature reserve with a total area from 300 square meters (m2) to under 500 square meters (m2);

c) Has been administratively sanctioned for one of these acts and still violates them or has been convicted of this crime, the criminal record has not been expunged, and still violates it.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causes property damage of 200,000,000 VND or more;

b) Causes damage to the landscape or natural ecosystem within the strictly protected subdivision of a nature reserve with a total area of 500 square meters (m2) or more;

c) Organizing;

d) Uses prohibited tools, means, or measures;

dd) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding positions, prohibited from practicing certain professions, or performing certain jobs for 01 to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the circumstances specified in Clause 1 of this Article shall be fined from 300,000,000 VND to 1,000,000,000 VND;

b) Committing an offense under the case prescribed in Clause 2 of this Article shall be fined from 1,000,000,000 VND to 3,000,000,000 VND or have their operations suspended for a term of 06 months to 03 years;

c) Committing a crime under the case stipulated in Article 79 of this Code shall be permanently suspended from operation;

d) A commercial legal entity may also be fined from 50,000,000 VND to 500,000,000 VND, banned from business, prohibited from operating in certain sectors, or banned from raising capital for 01 to 03 years.

Article 246. Crime of importing and spreading invasive alien species

1. Anyone who commits one of the following acts shall be subject to a fine of 100,000,000 VND to 1,000,000,000 VND, non-custodial reform of up to 03 years, or imprisonment from 01 year to 05 years:

a) Illegally importing invasive alien animal or plant species or alien animal or plant species with a risk of invasion in the case where the illegal goods are valued from 250,000,000 VND to under 500,000,000 VND, or in the case where the illegal goods are valued under 250,000,000 VND but have already been administratively sanctioned for this act and still violated;

b) Disseminating invasive alien animal or plant species or alien animal or plant species with a risk of invasion, causing property damage from 150,000,000 VND to under 500,000,000 VND.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Illegally importing invasive alien animal and plant species or alien animal and plant species with invasive potential in cases where the illegal items are valued at 500,000,000 VND or more;

c) Spreading invasive alien animal and plant species or alien animal and plant species with invasive potential, causing property damage of 500,000,000 VND or more;

d) Dangerous recidivism.

3. The offender may also be fined from 50,000,000 VND to 500,000,000 VND, prohibited from holding a position, banned from practicing a profession or performing certain work for 01 year to 05 years.

4. A commercial legal entity committing the crime stipulated in this Article shall be punished as follows:

a) Committing the crime under the case specified in Clause 1 of this Article shall be subject to a fine of from 1,000,000,000 VND to 3,000,000,000 VND;

b) If the offense falls under the case specified in clause 2 of this Article, the offender shall be fined from 3,000,000,000 VND to 5,000,000,000 VND or have their activities suspended for a term of 06 months to 03 years;

c) A commercial legal entity may also be fined from 100,000,000 VND to 1,000,000,000 VND, prohibited from business, prohibited from operating in certain fields, or prohibited from raising capital for a period of 01 year to 03 years.

Chapter XX. DRUG-RELATED CRIMES

Article 247. Crime of planting opium poppy, coca, cannabis, or other plants containing narcotic substances

1. Anyone who plants opium poppy, coca, cannabis, or other plants containing narcotic substances in any of the following cases shall be punished with imprisonment from 06 months to 03 years:

a) Has been educated twice and has been facilitated to stabilize their life;

b) Has been administratively sanctioned for this act or has been convicted for this crime, with the criminal record not yet expunged and still violates;

c) In the quantity from 500 plants to under 3,000 plants.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) In the quantity of 3,000 plants or more;

c) Dangerous recidivism.

3. The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

4. Anyone who commits the crime specified in Clause 1 of this Article, but voluntarily destroys or surrenders it to the competent authority before harvesting, may be exempted from criminal liability.

Article 248. Crime of unlawful production of narcotics

1. Anyone who unlawfully produces narcotics in any form shall be punished by imprisonment from 2 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

d) Opium resin, cannabis resin, or coca paste with a weight from 500 grams to less than 1 kilogram;

e) Heroin, cocaine, or Methamphetamine, Amphetamine, MDMA with a weight from 5 grams to less than 30 grams;

g) Other narcotic substances in solid form with a weight from 20 grams to less than 100 grams;

h) Other narcotic substances in liquid form with a volume from 100 milliliters to less than 200 milliliters;

i) Dangerous recidivism;

k) Possession of 2 or more narcotic substances where the total quantity of such substances is equivalent to the quantity of narcotics specified in one of the points from point d to point h of this clause.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Having a professional nature;

b) Opium latex, cannabis resin, or coca paste with a weight from 1 kilogram to under 5 kilograms;

c) Heroin, cocaine, or Methamphetamine, Amphetamine, MDMA with a weight from 30 grams to under 100 grams;

d) Other narcotic substances in solid form with a weight from 100 grams to under 300 grams;

d) Other narcotic substances in liquid form with a volume from 200 milliliters to under 750 milliliters;

e) Having 2 or more narcotic substances the total quantity of which is equivalent to the quantity of narcotics specified in one of the points from point b to point đ of this clause.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) Opium latex, cannabis resin, or coca paste with a weight of 5 kilograms or more;

b) Heroin, cocaine, or Methamphetamine, Amphetamine, MDMA with a weight of 100 grams or more;

c) Other narcotic substances in solid form with a weight of 300 grams or more;

d) Other liquid narcotics with a volume of 750 milliliters or more;

đ) Having 02 or more narcotic substances where the total quantity of these substances is equivalent to the quantity of narcotics specified in any of points from point a to point d of this clause.

5. Offenders may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain work for 01 year to 05 years, or have part or all of their property confiscated.

Article 249. Illegal Possession of Narcotics

1. Anyone who illegally possesses narcotics without the intent to trade, transport, or produce narcotics illegally in one of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Opium resin, cannabis resin, or coca extract with a weight from 01 gram to under 500 grams;

c) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight from 0.1 gram to under 05 grams;

d) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing from 10 kilograms up to less than 25 kilograms;

đ) Dried opium poppy pods weighing from 5 kilograms up to less than 50 kilograms;

e) Fresh opium poppy pods weighing from 1 kilogram up to less than 10 kilograms;

g) Other narcotic substances in solid form weighing from 1 gram up to less than 20 grams;

h) Other narcotic substances in liquid form with a volume from 10 milliliters up to less than 100 milliliters;

i) Having 2 or more narcotic substances, the total quantity of which is equivalent to the quantity of narcotics specified in any of points from point b to point h of this clause.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

đ) Using persons under 16 years old in committing crimes;

e) Opium resin, cannabis resin, or coca paste weighing from 500 grams up to less than 1 kilogram;

g) Heroin, cocaine, methamphetamine, amphetamine, MDMA weighing from 5 grams up to less than 30 grams;

h) Leaves, roots, stems, branches, flowers, fruits of cannabis plants or coca leaves weighing from 25 kilograms to under 75 kilograms;

i) Dried opium poppy fruits weighing from 50 kilograms to under 200 kilograms;

k) Fresh opium poppy fruits weighing from 10 kilograms to under 50 kilograms;

l) Other narcotic substances in solid form weighing from 20 grams to under 100 grams;

m) Other narcotic substances in liquid form with a volume from 100 milliliters to under 250 milliliters;

n) Dangerous recidivism;

o) There are 02 or more narcotic substances whose total quantity is equivalent to the quantity of narcotic substances prescribed in one of the points from point e to point m of this clause.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Opium resin, cannabis resin, or coca paste weighing from 1 kilogram to under 5 kilograms;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight from 30 grams to under 100 grams;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a weight from 25 kilograms to under 75 kilograms;

d) Dried opium poppy fruits with a weight from 200 kilograms to under 600 kilograms;

đ) Fresh opium poppy fruits with a weight from 50 kilograms to under 150 kilograms;

e) Other solid-form narcotics with a weight from 100 grams to under 300 grams;

g) Other liquid-form narcotics with a volume from 250 milliliters to under 750 milliliters;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Opium resin, cannabis resin or coca paste with a weight of 05 kilograms or more;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight of 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a mass of 75 kilograms or more;

d) Dried opium poppy with a mass of 600 kilograms or more;

dd) Fresh opium poppy with a mass of 150 kilograms or more;

e) Other narcotic substances in solid form with a mass of 300 grams or more;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

5. Offenders may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain work for 01 year to 05 years, or have part or all of their property confiscated.

Article 250. Crime of illegally transporting narcotic substances

1. Whoever illegally transports narcotic substances not for the purpose of producing, trading, or illegally storing narcotic substances shall be sentenced to imprisonment from 2 years to 7 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Opium resin, cannabis resin, or coca extract with a weight from 01 gram to under 500 grams;

c) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight from 0.1 gram to under 05 grams;

d) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing from 10 kilograms up to less than 25 kilograms;

đ) Dried opium poppy pods weighing from 5 kilograms up to less than 50 kilograms;

e) Fresh opium poppy pods weighing from 1 kilogram up to less than 10 kilograms;

g) Other narcotic substances in solid form weighing from 1 gram up to less than 20 grams;

h) Other narcotic substances in liquid form with a volume from 10 milliliters up to less than 100 milliliters;

i) Having 2 or more narcotic substances, the total quantity of which is equivalent to the quantity of narcotics specified in any of points from point b to point h of this clause.

2. Committing the crime in the following cases shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

đ) Using persons under 16 years old in committing crimes;

e) Transporting across the border;

g) Opium resin, cannabis resin, or coca paste with a mass from 500 grams to under 1 kilogram;

h) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA with a mass from 5 grams to under 30 grams;

i) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a weight from 10 kilograms to under 25 kilograms;

k) Dried opium poppy fruits with a weight from 50 kilograms to under 200 kilograms;

l) Fresh opium poppy fruits with a weight from 10 kilograms to under 50 kilograms;

m) Other narcotic substances in solid form with a weight from 20 grams to under 100 grams;

n) Other narcotic substances in liquid form with a volume from 100 milliliters to under 250 milliliters;

o) Having 02 or more narcotic substances where the total quantity of those substances is equivalent to the quantity of narcotics prescribed in any of the points from point g to point n of this clause;

p) Dangerous recidivism.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Opium resin, cannabis resin or coca paste with a weight from 01 kilogram to under 05 kilograms;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight from 30 grams to under 100 grams;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a weight from 25 kilograms to under 75 kilograms;

d) Dried opium poppy fruits with a weight from 200 kilograms to under 600 kilograms;

đ) Fresh opium poppy fruits with a weight from 50 kilograms to under 150 kilograms;

e) Other solid-form narcotics with a weight from 100 grams to under 300 grams;

g) Other liquid-form narcotics with a volume from 250 milliliters to under 750 milliliters;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) Opium resin, cannabis resin or coca paste with a weight of 05 kilograms or more;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight of 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a mass of 75 kilograms or more;

d) Dried opium poppy with a mass of 600 kilograms or more;

dd) Fresh opium poppy with a mass of 150 kilograms or more;

e) Other narcotic substances in solid form with a mass of 300 grams or more;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

5. Offenders may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain work for 01 year to 05 years, or have part or all of their property confiscated.

Article 251. Crime of illegal trading of narcotics

1. Anyone who illegally trades narcotics shall be punished with imprisonment from 02 years to 07 years.

2. Committing the crime in the following cases shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Trading with 02 or more people;

d) Taking advantage of one's position or authority;

d) Taking advantage of the name of an agency or organization;

e) Using persons under 16 years old to commit crimes or sell drugs to persons under 16 years old;

g) Opium resin, cannabis resin, or coca paste with a mass from 500 grams to under 1 kilogram;

h) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA with a mass from 5 grams to under 30 grams;

i) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves with a weight from 10 kilograms to less than 25 kilograms;

k) Dried opium poppy fruits with a weight from 50 kilograms to under 200 kilograms;

l) Fresh opium poppy fruits with a weight from 10 kilograms to under 50 kilograms;

m) Other narcotic substances in solid form with a weight from 20 grams to under 100 grams;

n) Other narcotic substances in liquid form with a volume from 100 milliliters to under 250 milliliters;

o) Having 02 or more types of drugs whose total quantity is equivalent to the amount of drugs prescribed in one of the points from point a to point n of this clause;

p) Dangerous recidivism.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

d) Dried opium poppy fruits with a weight from 200 kilograms to under 600 kilograms;

đ) Fresh opium poppy fruits with a weight from 50 kilograms to under 150 kilograms;

e) Other solid-form narcotics with a weight from 100 grams to under 300 grams;

g) Other liquid-form narcotics with a volume from 250 milliliters to under 750 milliliters;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) Opium resin, cannabis resin or coca paste with a weight of 05 kilograms or more;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight of 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a mass of 75 kilograms or more;

d) Dried opium poppy with a mass of 600 kilograms or more;

dd) Fresh opium poppy with a mass of 150 kilograms or more;

e) Other narcotic substances in solid form with a mass of 300 grams or more;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

5. Offenders may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain work for 01 year to 05 years, or have part or all of their property confiscated.

Article 252. Crime of appropriating drugs

1. Anyone who appropriates drugs in any form under one of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Opium resin, cannabis resin, or coca extract with a weight from 01 gram to under 500 grams;

c) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight from 0.1 gram to under 05 grams;

d) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing from 10 kilograms up to less than 25 kilograms;

đ) Dried opium poppy pods weighing from 5 kilograms up to less than 50 kilograms;

e) Fresh opium poppy pods weighing from 1 kilogram up to less than 10 kilograms;

g) Other narcotic substances in solid form weighing from 1 gram up to less than 20 grams;

h) Other narcotic substances in liquid form with a volume from 10 milliliters up to less than 100 milliliters;

i) Having 2 or more narcotic substances, the total quantity of which is equivalent to the quantity of narcotics specified in any of points from point b to point h of this clause.

2. Committing the crime in the following cases shall be sentenced to imprisonment from 05 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

đ) Using persons under 16 years old in committing crimes;

e) Opium resin, cannabis resin, or coca paste weighing from 500 grams up to less than 1 kilogram;

g) Heroin, cocaine, methamphetamine, amphetamine, MDMA weighing from 5 grams up to less than 30 grams;

h) Leaves, roots, stems, branches, flowers, fruits of cannabis plants or coca leaves with a weight from 10 kilograms to under 25 kilograms;

i) Dried opium poppy fruits weighing from 50 kilograms to under 200 kilograms;

k) Fresh opium poppy fruits weighing from 10 kilograms to under 50 kilograms;

l) Other narcotic substances in solid form weighing from 20 grams to under 100 grams;

m) Other narcotic substances in liquid form with a volume from 100 milliliters to under 250 milliliters;

n) Having 02 or more types of narcotic substances where the total quantity of these substances is equivalent to the quantity of narcotic substances specified in any of the points from point e to point m of this clause;

o) Dangerous recidivism.

3. Committing an offense under one of the following cases shall be punished with imprisonment from 10 to 15 years:

d) Dried opium poppy fruits with a weight from 200 kilograms to under 600 kilograms;

đ) Fresh opium poppy fruits with a weight from 50 kilograms to under 150 kilograms;

e) Other solid-form narcotics with a weight from 100 grams to under 300 grams;

g) Other liquid-form narcotics with a volume from 250 milliliters to under 750 milliliters;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

4. Committing an offense under one of the following cases shall be punished with imprisonment from 15 to 20 years or life imprisonment:

a) Opium resin, cannabis resin or coca paste with a weight of 05 kilograms or more;

b) Heroin, cocaine, methamphetamine, amphetamine, MDMA with a weight of 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of cannabis or coca leaves with a mass of 75 kilograms or more;

d) Dried opium poppy with a mass of 600 kilograms or more;

dd) Fresh opium poppy with a mass of 150 kilograms or more;

e) Other narcotic substances in solid form with a mass of 300 grams or more;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) There are 02 or more narcotics whose total quantity is equivalent to the quantity of narcotics specified in one of the points from point a to point g of this clause.

5. Offenders may also be fined from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain work for 01 year to 05 years, or have part or all of their property confiscated.

Article 253. Crime of storing, transporting, buying, or appropriating precursor chemicals used for illegal drug production

1. Anyone who stores, transports, buys, or appropriates precursor chemicals used for illegal drug production under one of the following cases shall be punished with imprisonment from 01 year to 06 years:

a) Having been administratively sanctioned for one of these acts or having been convicted of this crime, without having had the record expunged, and still committing a violation;

b) Precursors with a weight from 50 grams to under 200 grams for solid forms, from 75 milliliters to under 300 milliliters for liquid forms.

2. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 6 years to 13 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

d) Precursors in solid form with a weight from 200 grams to under 500 grams;

e) Precursors in liquid form from 300 milliliters to under 750 milliliters;

g) Using persons under 16 years old to commit the crime;

h) Transporting, buying, or selling across the border;

i) Dangerous recidivism.

3. Committing the crime in the case where the precursor has a weight from 500 grams to under 1200 grams for solid forms, from 750 milliliters to under 1,850 milliliters for liquid forms, shall be punishable by imprisonment from 13 years to 20 years.

4. Committing a crime in cases where the precursor has a mass of 1,200 grams or more for solid form, 1,850 milliliters or more for liquid form, shall be punishable by 20 years imprisonment or life imprisonment.

5. In cases where the crime involves both solid and liquid precursors, conversion shall be made as the basis for criminal liability, with the rate of 1 gram of solid precursor equivalent to 1.5 milliliters of liquid precursor. After conversion, the quantity of precursors falling under a certain provision shall result in the perpetrator being prosecuted according to that provision.

6. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, banned from holding a position, practicing a profession, or performing certain jobs for 01 to 05 years, or have part or all of their property confiscated.

Article 254. Crime of producing, storing, transporting, or trading means, instruments used for producing or illegally using narcotic substances.

1. Anyone who manufactures, stores, transports, or trades means or tools used for the production or illegal use of drugs under one of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

a) Having been administratively sanctioned for one of these acts or having been convicted of this crime, without having had the record expunged, and still committing a violation;

b) Having a quantity from 06 to 19 units of tools or means of the same or different types.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Taking advantage of their position or authority;

d) Taking advantage of the name of an agency or organization;

d) Transporting 20 units or more of tools or means of the same or different types;

e) Transporting across the border;

g) Using persons under 16 years old to commit the crime;

h) Dangerous recidivism.

3. The offender may also be fined from 5,000,000 VND to 500,000,000 VND, banned from holding certain positions, prohibited from practicing certain professions or jobs for 01 to 05 years, or having part or all of their property confiscated.

Article 255. Crime of organizing the illegal use of drugs

1. Anyone who organizes the illegal use of drugs in any form shall be sentenced to imprisonment from 02 years to 07 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) For people from 13 years old to under 18 years old;

d) For women who know they are pregnant;

đ) For people undergoing addiction treatment;

e) Causing health damage to others with a body injury rate from 31% to 60%;

g) Causing dangerous diseases to others;

h) Dangerous recidivism.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Causing health damage to others with a body injury rate of 61% or more, or causing death;

b) Causing health damage to 2 or more people with a body injury rate of each person from 31% to 60%;

c) Causing dangerous diseases to 2 or more people;

d) For people under 13 years old.

4. If the crime falls into one of the following cases, the penalty is 20 years of imprisonment or life imprisonment:

a) Causing health damage to 2 or more people with a body injury rate of each person 61% or more;

b) Causing the death of 2 or more people.

5. The offender may also be fined from 50,000,000 VND to 500,000,000 VND, subjected to probation, banned from residence from 1 year to 5 years, or have part or all of their property confiscated.

Article 256. Crime of harboring illegal drug use

1. Any person who rents, lends a place, or engages in any other act of harboring illegal drug use, if not falling under the case specified in Article 255 of this Code, shall be sentenced to imprisonment from 2 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Exploiting position or authority;

b) Committing the crime 2 times or more;

c) For persons under 16 years old;

d) For 2 or more people;

dd) Dangerous recidivism.

3. The offender may also be fined from 50,000,000 VND to 200,000,000 VND or have part or all of their property confiscated.

Article 257. Crime of forcing others to use illegal drugs

1. Anyone who uses force, threatens to use force, or uses other means to mentally threaten another person to compel them to illegally use drugs against their will, shall be punished with imprisonment from 2 years to 7 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Committing the crime 2 times or more;

c) For vile motives or for personal gain;

d) Against persons from 13 years old to under 18 years old;

d) Against women known to be pregnant;

e) Involving two or more people;

g) Against people who are undergoing rehabilitation;

h) Causing harm to another person's health where the rate of bodily injury is from 31% to 60%;

i) Causing dangerous diseases to others;

k) Dangerous recidivism.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Causing health damage to others with a body injury rate of 61% or more, or causing death;

b) Causing dangerous diseases to 2 or more people;

c) Against persons under 13 years old.

4. If the crime results in the death of 2 or more people, the penalty shall be 20 years imprisonment or life imprisonment.

5. The offender may also be fined from 5,000,000 VND to 100,000,000 VND.

Article 258. Crime of luring others to illegally use drugs

1. Anyone who lures, seduces, instigates, or by other means persuades others to illegally use drugs shall be subject to imprisonment from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) For vile motives or for personal gain;

d) Against persons from 13 years old to under 18 years old;

d) Against women known to be pregnant;

e) Involving two or more people;

g) Against people who are undergoing rehabilitation;

h) Causing harm to another person's health where the rate of bodily injury is from 31% to 60%;

i) Causing dangerous diseases to others;

k) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Causing harm to another person's health with a body injury rate of 61% or more, or causing death;

b) Causing dangerous diseases to 2 or more people;

c) Against persons under 13 years old.

4. Committing the crime in cases causing the death of 2 or more people shall be subject to imprisonment from 15 to 20 years or life imprisonment.

5. The offender may also be fined from 5,000,000 VND to 100,000,000 VND.

Article 259. Crimes of violating regulations on the management and use of drugs, precursors, narcotics, and psychotropic substances

1. Any person who is responsible for the production, transportation, preservation, storage, buying, selling, distribution, use, handling, exchange, export, import, transit through the territory of Vietnam, prescribing, selling drugs, appraisal, or research of narcotics, precursors, addictive drugs, psychotropic substances, and commits one of the following acts, having been subject to disciplinary action or administrative penalties for any of these acts, or having been convicted of any drug-related crime, and whose criminal record has not been expunged but still violates, shall be subject to a fine ranging from 10,000,000 VND to 100,000,000 VND or imprisonment from 1 year to 5 years:

a) Violating regulations on the export, import, temporary import, re-export, and transit of substances containing narcotics, addictive drugs, psychotropic substances, and precursors;

b) Violating regulations on research, testing, production, and storage of narcotics and precursors;

c) Violating regulations on delivery, storage, and transportation of narcotics and precursors;

d) Violating regulations on distribution, buying, selling, use, or exchange of narcotics and precursors;

đ) Violating regulations on management, control, and safekeeping of narcotics and precursors at border gates, border areas, and at sea;

e) Transferring narcotics, psychotropic substances, or other drugs to persons not permitted to store or use them.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, forbidden from practicing a profession or performing certain jobs from 1 year to 5 years.

Chapter XXI. CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER

Section 1. CRIMES AGAINST TRAFFIC SAFETY

Article 260. Crime of violating regulations on participating in road traffic

1. Anyone participating in road traffic who violates the regulations on road traffic safety in any of the following cases shall be subject to a fine of 30,000,000 to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person from 31% to 60%;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Not having a driving license as prescribed;

b) Being under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed level, or using drugs or other strong stimulants prohibited by law;

c) Causing an accident and then fleeing to avoid responsibility or intentionally not helping the victims;

d) Not complying with the orders of a traffic controller or traffic instructions;

e) Causing the death of 02 people;

e) Causing injury or harm to the health of 02 people with a bodily injury rate of 61% or more for each person;

g) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is from 122% to 200%;

h) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following circumstances shall be punished by imprisonment from 07 to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Road traffic participants who violate road traffic safety regulations causing injury or harm to the health of one person with a body injury rate from 31% to 60% or causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND or subjected to non-custodial re-education for up to 3 years.

5. Violating road traffic safety regulations that could realistically lead to consequences causing damage to the life, health, or property of others if not promptly prevented, shall be fined from 10,000,000 VND to 50,000,000 VND, subjected to non-custodial re-education for up to 1 year, or imprisoned for 3 months to 1 year.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 261. Crime of obstructing road traffic

1. Anyone who illegally digs, drills, cuts, levels road traffic works; illegally places or leaves materials, waste, trash, slippery substances, sharp objects, or other obstacles that obstruct road traffic; unlawfully dismantles, moves, distorts, conceals, or destroys signs, traffic lights, road stakes, convex mirrors, dividers, or other road traffic safety devices; opens an unauthorized intersecting road across a road or a road with a divider; illegally uses road shoulders, sidewalks, or carriageway; unlawfully uses the road safety corridor or violates regulations on traffic safety assurance when carrying out construction on the road under any of the following circumstances, shall be fined from 30,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime in one of the following cases shall be subject to a fine of 100,000,000 VND to 300,000,000 VND or imprisonment from 2 years to 7 years:

a) At passes, slopes, highways, or dangerous road sections;

b) Causing the death of 2 people;

c) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person 61% or more;

d) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 122% to 200%;

e) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 03 or more people;

b) Causing injury or harming the health of 03 or more people with a body injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Persons who illegally dig, drill, cut, or level road traffic works; illegally place or leave materials, waste, garbage, substances that cause slipperiness, sharp objects, or other obstacles that obstruct road traffic; illegally dismantle, move, alter, conceal, or destroy traffic signs, signal lights, traffic cones, mirror posts, dividers, or other road traffic safety equipment; illegally open intersections across roads or roads with dividers; illegally use road shoulders, sidewalks, or vehicle lanes; Unauthorized use of the road safety corridor or violation of regulations on ensuring traffic safety during road construction causing injury or harm to the health of one person with a body injury rate from 31% to 60%, or causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be subject to a fine of VND 30,000,000 to VND 100,000,000 or non-custodial correctional confinement for up to 3 years.

5. Committing a crime in circumstances where there is a real possibility of causing harm to the life, health, or property of others if not promptly prevented, shall be subject to a fine of 5,000,000 VND to 20,000,000 VND or non-custodial reform for up to 01 year.

Article 262. Crime of putting motor vehicles, specialized motorbikes that do not meet traffic safety technical standards into use

1. Anyone directly responsible for the management or technical condition who allows motor vehicles or specialized motorbikes that do not meet traffic safety technical standards to be put into use, falling into one of the following cases, shall be subject to a fine of 20,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 03 years to 07 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. The person directly responsible for the deployment or for the technical condition that allows the use of road motor vehicles or specialized motor vehicles that do not meet technical safety standards to participate in traffic, causing injury or health damage to one person with a body injury rate from 31% to 60%, or causing injury or health damage to two or more people where the total body injury rate of these individuals is from 31% to 60%, shall be fined from 20,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 263. Crime of deploying unqualified persons to drive vehicles participating in road traffic

1. An authorized person who knows that someone does not have a driving license, is not healthy enough, of appropriate age to operate a vehicle, is currently under the influence of alcohol with a blood or breath alcohol concentration exceeding the prescribed limit, or is using drugs or other strong stimulants, but still allows that person to operate vehicles participating in road traffic under one of the following cases, shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 01 year to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person with authority who knows that someone does not have a driving license, is not physically fit, or of the appropriate age to operate a vehicle, or that someone is under the influence of alcohol with a blood alcohol concentration or breath alcohol level exceeding the prescribed limit, or is using drugs or other strong stimulants, yet still directs that person to operate vehicles participating in road traffic causing injury or harm to the health of one person with a body injury rate from 31% to 60%, or causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 20,000,000 VND to 100,000,000 VND or subject to non-custodial reform for up to 03 years.

5. Offenders may also be fined from 10,000,000 VND to 30,000,000 VND and prohibited from holding certain positions, practicing certain professions, or performing certain jobs for a period from 01 year to 05 years.

Article 264. Offense of assigning vehicles to persons not eligible to operate motor vehicles on roads

1. The owner or manager of a vehicle participating in road traffic who assigns it to a person who does not have a driving license, or a person who is under the influence of alcohol with a blood or breath alcohol concentration exceeding the prescribed limit, or who uses drugs or other strong stimulants, or does not meet other conditions prescribed by law to operate a vehicle in road traffic, in any of the following cases, shall be fined from VND 10,000,000 to VND 50,000,000 or subjected to non-custodial reform for up to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the offense falls under any of the following cases, the offender shall be fined from VND 50,000,000 to VND 200,000,000 or imprisoned from 06 months to 03 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. The owner or manager of a vehicle participating in road traffic who entrusts it to a person without a driving license or a person under the influence of alcohol, with a blood or breath alcohol concentration exceeding the prescribed limit, or under the influence of drugs or other strong stimulants, or who does not meet other conditions prescribed by law, causing injury or damage to the health of one person with a body injury rate from 31% to 60%, or causing injury or health damage to two or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 10,000,000 VND to 50,000,000 VND or punished with non-custodial reform for up to 2 years.

5. The offender may also be fined from 10,000,000 VND to 30,000,000 VND.

Article 265. Crime of organizing illegal racing

1. Anyone who illegally organizes car races, motorcycle races, or other types of motorized vehicle races shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be fined from 100,000,000 VND to 500,000,000 VND or imprisoned from 03 years to 07 years:

a) Illegally organizing races with 10 or more vehicles participating or simultaneously organizing 02 or more races;

b) Organizing betting;

c) Organizing actions against persons responsible for ensuring traffic order and safety or persons responsible for dispersing illegal races;

d) Organizing races in densely populated areas;

e) Removing safety devices from racing vehicles;

f) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

g) Causing injury or harm to the health of 02 people with a bodily injury rate of each person from 31% to 60%;

h) Causing injury or harm to the health of 03 people or more where the total bodily injury rate of these people is from 61% to 121%;

i) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

k) Reoffending in this crime or the crime of illegal racing.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND;

dd) Dangerous recidivism.

4. Committing the crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. A person who illegally organizes car, motorcycle, or other motorized vehicle racing and causes injury or harm to the health of 01 person with a bodily injury rate from 31% to 60% or causes injury or harm to the health of 02 people or more where the total bodily injury rate of these people is from 31% to 60%, shall be imprisoned from 01 year to 06 years.

6. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 266. Illegal street racing

1. Anyone who illegally races cars, motorcycles, or other motorized vehicles under one of the following cases shall be fined from 10,000,000 VND to 50,000,000 VND, subjected to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years:

a) Causing injury or harm to the health of one person with a bodily injury rate from 31% to 60%;

b) Causing injury or harm to the health of two or more people where the total bodily injury rate of these individuals is from 31% to 60%;

c) Having been administratively sanctioned for this act or previously convicted for this crime and not yet cleared of record but still committing the offense.

2. Committing the crime under one of the following cases shall be punished by a fine of 50,000,000 VND to 150,000,000 VND or imprisonment from 1 year to 5 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

d) Causing an accident and then fleeing to avoid responsibility or intentionally failing to help the victim;

e) Participating in gambling;

g) Resisting the person responsible for ensuring order and traffic safety or the person responsible for dispersing illegal races;

h) Racing in densely populated areas;

i) Dismantling safety equipment from racing vehicles;

k) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 267. Offense of violating regulations on operating railway vehicles

1. Anyone who commands or operates railway vehicles and violates railway traffic safety regulations under one of the following cases shall be fined from 50,000,000 VND to 200,000,000 VND, subject to non-custodial reform for up to 03 years, or sentenced to imprisonment from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Not having a license, certificate, or qualification corresponding to the assigned task;

b) Being under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, or using drugs or other strong stimulants prohibited by law;

c) Causing an accident and then fleeing to avoid responsibility or intentionally not helping the victims;

d) Failing to comply with the orders of the commander or the authority in charge of controlling and maintaining railway traffic order and safety;

e) Causing the death of 02 people;

e) Causing injury or harm to the health of 02 people with a bodily injury rate of 61% or more for each person;

g) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is from 122% to 200%;

h) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime under one of the following cases shall be sentenced to imprisonment from 07 years to 15 years.

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Committing a crime in a situation where there is a real possibility leading to actual consequences that cause damage to the life, health, or property of others, if not prevented in time, shall be subject to a fine ranging from 10,000,000 VND to 50,000,000 VND, non-custodial reform up to 2 years, or imprisonment from 3 months to 2 years.

5. A person who commands or operates a railway vehicle and violates regulations on railway traffic safety causing injury or harm to the health of one person with a body injury rate from 31% to 60%, or causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be subject to a fine ranging from 30,000,000 VND to 100,000,000 VND, non-custodial reform up to 3 years, or imprisonment from 3 months to 2 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 268. Crime of obstructing railway traffic

1. Anyone who places obstacles on the railway; causes displacement of rails or sleepers; drills, digs, or cuts the railway foundation without permission; opens level crossings, builds culverts or other works illegally across the railway; damages, alters, moves, or obscures railway signals, signposts, or markers; allows animals to cross the railway improperly or allows animals to pull vehicles across the railway without a controller; illegally brings in self-made means, means not permitted to operate on the railway, or sabotages railway transport means; or encroaches on the railway traffic safety corridor, the protected area of railway works, obstructing railway traffic, causing damage under any of the following cases, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 1 year to 3 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

d) Has been administratively sanctioned for this act or has been convicted of this crime, and the criminal record has not been expunged while still committing violations.

2. Committing a crime under one of the following cases shall be punishable by imprisonment from 3 years to 10 years.

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime under one of the following cases shall be sentenced to imprisonment from 07 years to 15 years.

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who places obstacles on the railway; displaces rails or sleepers; drills, digs, or illegally cuts the railway foundation on their own; opens level crossings, builds culverts, or other constructions illegally across the railway; damages, alters, moves, or obscures signals, signs, and markers of railway traffic works; allows animals to cross the railway not according to regulations or allows animals to pull vehicles across the railway without a handler; Illegally bringing self-made vehicles, vehicles not allowed to run on the railway, or sabotaging railway transport vehicles, or encroaching on the railway traffic safety corridor, or the protected area of railway transport works, obstructing railway traffic, causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%, or causing injury or harm to the health of 02 or more people with a total body injury rate of these people from 31% to 60%, shall be subject to a fine of from 10,000,000 VND to 100,000,000 VND, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years.

5. Committing a crime in cases where there is a real possibility leading to actual consequences causing damage to the life, health, or property of others, if not prevented in time, shall be subject to a fine from 10,000,000 VND to 100,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

Article 269. Crime of putting into use railway traffic means and devices that do not ensure safety

1. Any person who is directly responsible for the deployment or the technical condition of railway vehicles and allows the use of vehicles or equipment without registration or inspection certificates, or does have them but knows that these vehicles or equipment do not meet technical and safety standards, causing damage in one of the following cases, or who has been disciplined for this act and still violates, shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 1 year to 5 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person directly responsible for the deployment or the technical condition of railway vehicles who allows the use of vehicles or equipment without registration or inspection certificates, or knowingly allows vehicles or equipment that do not meet technical or safety standards, causing injury or damage to the health of one person with a body injury rate from 31% to 60% or causing injury or damage to the health of two or more people with the total body injury rate of these people from 31% to 60%, shall be fined from 20,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 270. The crime of deploying a person unqualified to operate railway vehicles

1. Anyone who assigns or allows a person without a train driving license, or a person who is under the influence of alcohol with a blood or breath alcohol concentration exceeding the prescribed limit, or who uses drugs or other strong stimulants, or does not meet other conditions prescribed by law, to operate railway vehicles causing damage in any of the following cases, or has already been disciplined for this act and commits it again, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 1 year to 5 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who directs or assigns someone without a train driving license or someone who is not in good health; a person who is in a state of alcohol consumption, with blood or breath alcohol concentration exceeding the regulated limit, or who uses drugs or other strong stimulants, to operate railway vehicles causing injury or health damage to one person with a body injury rate from 31% to 60%, or causing injury or health damage to two or more people with a total body injury rate of these people from 31% to 60%, or has previously been disciplined for this act and still commits a violation, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 3 months to 2 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 271. Crime of assigning a person who does not meet the conditions to operate railway vehicles

1. Anyone who entrusts a person without a train driving license, or a person who is under the influence of alcohol with a blood or breath alcohol concentration exceeding the prescribed limit, or has used drugs or other strong stimulants, or does not meet other conditions prescribed by law to operate a railway vehicle causing damage under one of the following cases, or has been disciplined for this act but still violates, shall be fined from 30,000,000 VND to 100,000,000 VND, subject to non-custodial reform up to 03 years, or imprisonment from 06 months to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causes injury or damage to the health of 03 or more people, with the total rate of bodily injury of these people being 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who entrusts another person without a driving license, or a person who is under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed limit, or who uses drugs or other strong stimulants, or does not meet other conditions stipulated by law to operate railway vehicles causing injury or health damage to one person with a bodily injury rate from 31% to 60%, or causing injury or health damage to two or more people with a total bodily injury rate of these people from 31% to 60%, or has been disciplined for this behavior and still violates it, shall be fined from 30,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 272. Crime of violating regulations on operating waterway vehicles

1. Anyone who operates a waterway vehicle and violates the regulations on waterway traffic safety, causing damage falling under one of the following cases, shall be fined from 30,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Does not have the appropriate diploma or professional certificate for the position, type of vehicle as prescribed;

b) In a state of alcohol consumption, when the blood or breath alcohol concentration exceeds the prescribed limit, or under the influence of drugs or other strong stimulants;

c) Causing an accident and then fleeing to avoid responsibility or intentionally not helping the victims;

d) Failing to comply with the orders of the commander or an authority in charge of controlling, maintaining order, and ensuring waterway traffic safety;

e) Causing the death of 02 people;

e) Causing injury or harm to the health of 02 people with a bodily injury rate of 61% or more for each person;

g) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is from 122% to 200%;

h) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Committing a crime in a case where there is a realistic possibility of leading to actual consequences that cause damage to the life, health, or property of others, if not prevented in time, shall be punished with a fine of from 10,000,000 VND to 50,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

5. A person operating a waterway vehicle who violates the regulations on waterway traffic safety causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%, or causing injury or harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60%, shall be punished with a fine of from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 273. Crime of obstructing waterway traffic

1. Whoever illegally drills or excavates, causing damage to the structure of waterway traffic works; creates obstacles that hinder waterway traffic without placing and maintaining signals; moves in a way that reduces the effectiveness or function of signals; dismantles signals or sabotages waterway traffic works; encroaches on the channel or protective corridor of the waterway traffic channel; or commits other acts that obstruct waterway traffic causing damage in any of the following cases, shall be fined from 30,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Anyone who drills or digs illegally causing damage to the structure of waterway traffic works; creates obstacles that obstruct waterway traffic without placing and maintaining signals; moves to reduce the effectiveness of signals; dismantles signals or sabotages waterway traffic works; encroaches on the channel or the protective corridor of the waterway traffic channel, or engages in other acts that obstruct waterway traffic causing injury or harm to the health of one person with a body injury rate of 31% to 60%, or causing injury or harm to the health of two or more people with a total body injury rate of 31% to 60%, shall be fined from 10,000,000 VND to 50,000,000 VND, subject to non-custodial correction for up to 2 years, or imprisoned from 3 months to 2 years.

5. Committing a crime in circumstances where there is a real possibility of causing actual consequences that harm the life, health, or property of others, if not promptly prevented, shall be subject to a fine of from 10,000,000 VND to 50,000,000 VND, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years.

Article 274. Crime of putting into use waterway transportation means that do not ensure safety

1. Any person who is directly responsible for the deployment or the technical condition of waterway transportation means and allows a clearly unsafe waterway vehicle to be used, resulting in damage under one of the following cases, or who has been disciplined, administratively sanctioned for this act, or has been convicted for this crime and has not had the conviction expunged yet continues to violate, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. The person directly responsible for the operation or the technical condition of a waterway vehicle who allows the use of a waterway vehicle that clearly does not ensure safety, causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%, or causing injury or harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60%, or who has been subjected to disciplinary action, administrative penalties for this act, or has been convicted of this crime, without having their criminal record expunged, and still violates, shall be fined from 30,000,000 VND to 100,000,000 VND, sentenced to non-custodial re-education for up to 03 years, or imprisoned from 03 months to 02 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 275. Crime of mobilizing a person who does not meet the conditions to operate waterway vehicles

1. Anyone who mobilizes a person without a license, certificate, or professional qualification according to regulations, or who does not meet other conditions as prescribed by the law on inland waterway traffic, causing damage in one of the following cases, or has been subject to disciplinary action, administrative fines for this act, or has been convicted of this crime and has not had their criminal record expunged yet continues to violate the law, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who assigns another person without a license, certificate, or professional qualification as prescribed, or who does not meet other conditions as stipulated by waterway traffic law, causing injury or damage to the health of 01 person with a bodily injury rate from 31% to 60%, or causing injury or damage to the health of 02 or more persons where the total bodily injury rate of these people is from 31% to 60%, or who has been subject to disciplinary action, administrative penalty for this act, or has been convicted of this crime and has not had the record expunged but still violates, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 03 months to 02 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 276. Crime of entrusting a person not meeting the conditions to operate waterway vehicles

1. Anyone who allows a person without a license, certificate, or professional qualification as prescribed, or who does not meet other conditions according to the provisions of the law, to operate a waterway transport vehicle causing damage in any of the following cases, or who has already been disciplined, administratively sanctioned for this act, or convicted of this crime, and has not had the criminal record expunged but continues to violate, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime under one of the following cases shall be sentenced to imprisonment from 07 years to 15 years.

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who allows another person without a license, certificate, or professional qualification as prescribed, or who does not meet other conditions under the law to operate a waterway vehicle, causing injury or health damage to one person with a body injury rate from 31% to 60%, or causing injury or health damage to two or more people where the total body injury rate of these individuals is from 31% to 60%, or who has already been disciplined, administratively sanctioned for this act, or has been convicted of this crime and has not yet had the record cleared, and still violates, shall be fined from 30,000,000 VND to 100,000,000 VND or sentenced to non-custodial reform for up to 3 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 277. Crime of violating regulations on piloting an aircraft

1. Anyone who commands or operates an aircraft in violation of aviation safety regulations, which may realistically lead to consequences causing damage to the life, health, or property of others, if not timely prevented, shall be fined from 30,000,000 VND to 100,000,000 VND, subject to non-custodial reformation for up to 3 years, or imprisonment from 1 year to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 278. Crime of obstructing air traffic

1. Anyone who commits one of the following acts, obstructing air traffic, that does not cause the death of one person or causes injury or harm to the health of one person with a body injury rate of 61% or more, or causes injury or harm to the health of two people with a body injury rate of each person from 31% to 60%, or causes injury or harm to the health of three or more people with a total body injury rate of these people from 62% to 121%, or causes property damage from 100,000,000 VND to under 500,000,000 VND, or has been subject to disciplinary action, administrative penalty for this act, or has been convicted of this crime and has not had the conviction erased but continues to violate, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial correctional measures for up to 3 years, or imprisoned from 1 year to 5 years:

a) Placing obstacles to obstruct air traffic;

b) Unauthorized movement, falsifying, obscuring, or destroying signage or air traffic safety signals;

c) Misusing or interfering with communication frequencies;

d) Intentionally providing false information to the extent of threatening the safety of aircraft in flight or on the ground, the safety of passengers, crew, ground staff, or persons at the airport, airfield, and civil aviation works, installations, or equipment;

đ) Damaging airport equipment or other auxiliary equipment serving flight safety;

e) Other acts that obstruct air traffic.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causes injury or damage to the health of 03 or more people, with the total rate of bodily injury of these people being 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND;

e) Being a person directly responsible for ensuring aviation traffic safety or directly managing aviation traffic safety equipment.

3. Committing a crime under one of the following cases shall be sentenced to imprisonment from 07 years to 15 years.

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who places obstacles to obstruct air traffic; illegally moves, modifies, conceals, or destroys signs and signals for air traffic safety; misuses or interferes with communication frequencies; intentionally provides false information to the extent of endangering the safety of aircraft in flight or on the ground; the safety of passengers, crew, ground staff, or people at airports and aviation facilities, equipment, and civil aviation devices; Damaging airport equipment or other auxiliary equipment serving flight safety, or other acts that obstruct air traffic causing injury or health damage to one person with a body injury rate from 31% to 60%, or causing injury or health damage to two or more people with the total body injury rate of these people from 31% to 60%, or having been disciplined, administratively sanctioned for this act, or having been convicted of this crime and not yet expunged, if still violated, shall be fined from 30,000,000 VND to 100,000,000 VND, sentenced to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years.

5. Committing an offense that has the real potential to cause damage to the life, health, or property of others, if not prevented in time, shall be subject to a fine from 10,000,000 VND to 50,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 279. Crime of putting unsafe aviation vehicles into use

1. Anyone who is directly responsible for the deployment or technical condition of aviation vehicles and allows vehicles that are clearly unsafe to be put into use shall be subject to imprisonment from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing a crime under one of the following cases shall be subject to imprisonment from 8 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. A person who is directly responsible for the operation or technical condition of aircraft and allows the use of vehicles that are clearly not technically safe, causing injury or harm to the health of one person with a body injury rate of 31% to 60%, or causing injury or harm to the health of two or more people with the total body injury rate of these people being 31% to 60%, shall be punished with imprisonment from 6 months to 3 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 280. Crime of deploying or assigning unqualified persons to operate aircraft

1. Anyone who deploys or assigns a person without a pilot license or without other conditions prescribed by law to operate aircraft shall be punished with imprisonment from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing an offense under one of the following cases shall be punished with imprisonment from 15 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. A person who directs or assigns someone without a pilot's license or who does not meet other conditions as prescribed by law to operate an air transportation vehicle causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%, or causing injury or harm to the health of 02 or more people with a total body injury rate of these people from 31% to 60%, shall be sentenced to imprisonment from 06 months to 03 years.

Article 281. Crime of violating regulations on maintenance, repair, and management of traffic works

1. Any person responsible for the maintenance, repair, or management of road, railway, waterway, or air traffic works who commits any of the following acts, causing injury or damage to the health of one person with a body injury rate from 31% to 60%, or causing injury or damage to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years:

a) Failing to implement or improperly implementing regulations on maintenance, upkeep, and management so that the traffic works do not ensure technical safety and technical standards related to traffic safety;

b) Failing to promptly remedy damaged traffic works that threaten traffic safety;

c) Failing to implement or improperly implementing measures for directing and controlling traffic, placing signs, traffic cones, and barriers to prevent accidents when traffic works have been damaged and maintenance or repair has not yet been carried out or is in progress;

d) Failing to regularly inspect and implement measures to ensure traffic safety on dangerous mountainous roads, roads with falling rocks, landslides, flooding, or roads at risk of not ensuring traffic safety;

d) Failing to take timely remediation measures and accident prevention measures when discovering or being notified that traffic works under their management authority are damaged;

e) Failing to place or insufficiently placing safety signals as prescribed for construction and repair of traffic works;

g) Failing to remove and clear safety signs, barriers, equipment, and materials after construction is completed;

h) Other violations regarding maintenance, upkeep, and management of transportation works.

2. Committing the crime under one of the following cases shall be punished with imprisonment from 06 months to 03 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing certain professions or doing certain jobs for 01 year to 05 years.

Article 282. Crime of seizing an aircraft or a vessel

1. Anyone who uses force, threatens to use force, or uses other means to seize an aircraft or a vessel shall be punished with imprisonment from 07 years to 15 years.

2. Committing the crime in one of the following circumstances shall be sentenced to imprisonment from 12 years to 20 years:

a) Organized;

b) Using weapons or dangerous means;

c) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

d) Causing injury or harm to the health of 02 people with a body injury rate of each person from 31% to 60%;

d) Causing injury or harm to the health of 03 or more people, with the total body injury rate of these people ranging from 61% to 121%;

e) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

g) Dangerous recidivism.

3. If the crime falls under one of the following cases, the offender shall be sentenced to 20 years of imprisonment or life imprisonment:

a) Causing the death of 2 or more people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people reaching 122% or more;

d) Causing property damage of 500,000,000 VND or more.

4. The offender may also be subject to probation or residential prohibition from 01 year to 05 years.

Article 283. Crime of piloting an aircraft in violation of the aviation regulations of the Socialist Republic of Vietnam

1. Anyone who pilots an aircraft into or out of Vietnam in violation of the aviation regulations of the Socialist Republic of Vietnam, if not falling under the cases specified in Articles 110 and 111 of this Code, shall be subject to a fine of 100,000,000 VND to 300,000,000 VND or imprisonment from 03 months to 03 years.

2. Committing a crime in one of the following cases shall be subject to a fine of 300,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing a crime in one of the following cases shall be subject to a fine of 500,000,000 VND to 1,500,000,000 VND or imprisonment from 03 years to 07 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime in one of the following cases shall be subject to a fine of 1,500,000,000 VND to 3,000,000,000 VND or imprisonment from 05 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The person operating an aircraft into or out of Vietnam who violates the aviation regulations of the Socialist Republic of Vietnam, if not falling under the cases prescribed in Articles 110 and 111 of this Code, causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%, or causing harm to the health of 02 or more people whose total body injury rate is from 31% to 60%, shall be fined from 100,000,000 VND to 300,000,000 VND or subject to non-custodial reform for up to 03 years.

Article 284. Crime of operating maritime vehicles in violation of the maritime regulations of the Socialist Republic of Vietnam.

1. A person who operates a ship or other maritime means entering or leaving Vietnam, or passing through Vietnam's territorial waters, and commits one of the following acts, causing injury or harm to the health of one person with a bodily injury rate of 31% to 60%, or causing injury or harm to the health of two or more people with a total bodily injury rate of 31% to 60%, or has already been administratively sanctioned for this act and violates it again, if not falling under the cases prescribed in Articles 110 and 111 of this Code, shall be fined from 50,000,000 VND to 200,000,000 VND or be subject to non-custodial reform for up to 03 years:

a) Driving over the speed limit in the port water area;

b) Operating outside the designated area allowed by regulations;

c) Failing to carry out or incompletely carrying out the procedures for entering and leaving the port, pilotage regime, anchoring, mooring, berthing, side landing, orderliness - hygiene, fire safety, and preventing environmental pollution caused by maritime vessels;

d) Failing to carry out or improperly carrying out the regulations on navigating, avoiding each other, overtaking, giving way in maritime traffic, or maritime traffic vessels not having or not maintaining the required whistle, bell, or gong according to the specified volume;

d) Failing to ensure navigation lights, signal lights according to the prescribed standards; not signaling or signaling incorrectly with sound signals or light signals.

2. If the offense falls under one of the following cases, it shall be subject to a fine from 50,000,000 VND to 200,000,000 VND or imprisonment from 03 months to 02 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. If the offense falls under one of the following cases, it shall be subject to a fine from 200,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 03 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. If the offense falls under one of the following cases, it shall be subject to a fine from 500,000,000 VND to 1,500,000,000 VND or imprisonment from 03 years to 07 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

Section 2. OFFENSES IN THE FIELD OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

Article 285. Crime of producing, trading, exchanging or giving tools, equipment, software to be used for illegal purposes

1. Any person who manufactures, buys, sells, exchanges, or gives tools, equipment, software with the function of attacking computer networks, telecommunications, or electronic means for unlawful purposes shall be fined from 20,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

2. Committing the crime in any of the following cases shall be subject to a fine ranging from 100,000,000 VND to 500,000,000 VND or imprisonment from 01 year to 05 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Of a professional nature;

d) Illegally gains from 50,000,000 VND to under 500,000,000 VND;

dd) Causes property damage from 100,000,000 VND to under 1,000,000,000 VND;

e) Dangerous recidivism.

3. Offenses falling under one of the following cases shall be fined from 500,000,000 VND to 1,000,000,000 VND or imprisoned from 3 years to 7 years:

a) Illegally gains 500,000,000 VND or more;

b) Causes property damage of 1,000,000,000 VND or more.

4. The offender may also be fined from 5,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, banned from practicing a profession or performing certain jobs for 1 to 5 years, or have part or all of their property confiscated.

Article 286. Crime of spreading computer programs harmful to computer network, telecommunications network, or electronic means

1. Anyone who intentionally spreads computer programs harmful to computer networks, telecommunications networks, or electronic means under one of the following cases shall be fined from 50,000,000 VND to 200,000,000 VND, punished with non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years:

a) Illegally gaining benefits from 50,000,000 VND to under 200,000,000 VND;

b) Causing damages from 50,000,000 VND to under 300,000,000 VND;

c) Infecting from 50 electronic devices to under 200 electronic devices or information systems with from 50 users to under 200 users;

d) Having already been administratively sanctioned for this act or having been convicted of this crime, not yet expunged, while still committing the violation.

2. If the crime falls under one of the following cases, the penalty is a fine from 200,000,000 VND to 500,000,000 VND or imprisonment from 3 years to 7 years:

a) Organized;

b) Illegally gaining profits from 200,000,000 VND to under 500,000,000 VND;

c) Causing damage from 300,000,000 VND to under 1,000,000,000 VND;

d) Infecting from 200 electronic devices to under 500 electronic devices or information systems with from 200 users to under 500 users;

dd) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Regarding data systems that belong to state secrets; information systems serving national defense and security;

b) For national information infrastructure; national power grid operation information systems; financial and banking information systems; traffic control information systems;

c) Illegally obtaining profits of VND 500,000,000 or more;

d) Causing damages of VND 1,000,000,000 or more;

dd) Infecting 500 or more electronic devices or information systems with 500 or more users.

4. The offender may also be fined from 30,000,000 VND to 200,000,000 VND, be prohibited from holding certain positions, from practicing a profession, or from performing specific work for 1 to 5 years.

Article 287. Crime of obstructing or disturbing the operation of computer networks, telecommunications networks, or electronic devices

1. Any person who arbitrarily deletes, damages, or alters software, electronic data, or unlawfully obstructs the transmission of data over computer networks, telecommunications networks, electronic means, or engages in other acts that hinder or disrupt the operation of computer networks, telecommunications networks, or electronic means in one of the following cases, and if not falling under the provisions of Articles 286 and 289 of this Code, shall be subject to a fine of from 30,000,000 VND to 200,000,000 VND or imprisonment of from 06 months to 03 years:

a) Illegally gaining benefits from 50,000,000 VND to under 200,000,000 VND;

b) Causing damage from 100,000,000 VND to under 500,000,000 VND;

c) Paralyzing, interrupting, or suspending the operation of computer networks, telecommunications networks, or electronic means for 30 minutes to under 24 hours, or 03 times to under 10 times within 24 hours;

d) Disrupting the operation of agencies or organizations for 24 hours to under 72 hours;

d) Has been administratively sanctioned for this act or has been convicted of this crime, and the criminal record has not been expunged while still committing violations.

2. If the crime falls under one of the following cases, the offender shall be subject to a fine of from 200,000,000 VND to 1,000,000,000 VND or imprisonment from 03 years to 07 years:

a) Organized;

b) Exploiting the right to manage computer networks, telecommunications networks;

c) Dangerous recidivism;

d) Illegally obtaining profits from 200,000,000 VND to under 1,000,000,000 VND;

dd) Causing damage from 500,000,000 VND to under 1,500,000,000 VND;

e) Paralyzing, interrupting, or suspending the operation of computer networks, telecommunications networks, or electronic means from 24 hours to under 168 hours or from 10 times to under 50 times within 24 hours;

g) Disrupting the operation of agencies or organizations from 72 hours to under 168 hours.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Regarding data systems that belong to state secrets; information systems serving national defense and security;

b) For national information infrastructure; national power grid operation information systems; financial and banking transaction information systems; traffic control information systems;

c) Illegally obtaining profits of 1,000,000,000 VND or more;

d) Causing damage of 1,500,000,000 VND or more;

d) Paralyze, interrupt, or halt the operation of a computer network, telecommunications network, or electronic means for 168 hours or more, or 50 times or more within 24 hours;

e) Hinder the operation of agencies or organizations for 168 hours or more.

4. The offender may also be fined from 30,000,000 VND to 200,000,000 VND, be prohibited from holding certain positions, from practicing a profession, or from performing specific work for 1 to 5 years.

Article 288. Crime of unlawfully providing or using information on computer networks or telecommunications networks

1. Anyone who commits one of the following acts, unlawfully gains from 50,000,000 VND to less than 200,000,000 VND, or causes damage from 100,000,000 VND to less than 500,000,000 VND, or causes negative public opinion that reduces the reputation of an agency, organization, or individual, shall be fined from 30,000,000 VND to 200,000,000 VND, subject to non-custodial reform up to 3 years, or imprisoned from 6 months to 3 years:

a) Uploading to computer networks or telecommunications networks information that is contrary to legal regulations, if it does not fall under one of the cases specified in Articles 117, 155, 156, and 326 of this Code;

b) Buying, selling, exchanging, gifting, repairing, modifying, or publicly disclosing lawful private information of agencies, organizations, or individuals on computer networks or telecommunications networks without the permission of the information owner;

c) Other acts of unauthorized use of information on computer networks or telecommunications networks.

2. Committing the crime under one of the following circumstances shall be punished with a fine of 200,000,000 VND to 1,000,000,000 VND or imprisonment from 2 years to 7 years:

a) Organized;

b) Exploiting the right to manage computer networks, telecommunications networks;

c) Illegally gaining benefits of 200,000,000 VND or more;

d) Causing damage of 500,000,000 VND or more;

dd) Violating personal privacy leading to the victim committing suicide;

e) Causing negative impact on the security, order, social safety, or foreign relations of Vietnam;

g) Leading to protests.

3. The offender may also be fined from VND 20,000,000 to VND 200,000,000, prohibited from holding positions, banned from practicing certain professions or jobs from 01 year to 05 years.

Article 289. Crime of unauthorized access to another person's computer networks, telecommunications networks, or electronic means

Articles Explained

1. Anyone who intentionally bypasses warnings, access codes, firewalls, uses another person's administrative rights, or by other means unlawfully intrudes into another person's computer network, telecommunications network, or electronic device to take control; interferes with the operational functions of electronic devices; steals, alters, destroys, falsifies data, or illegally uses services, shall be fined from 50,000,000 VND to 300,000,000 VND or imprisoned from 01 year to 05 years.

2. Committing the offense in any of the following cases shall be fined from 300,000,000 VND to 1,000,000,000 VND or imprisoned from 03 years to 07 years:

a) Organized;

b) Exploiting a position or authority;

c) Illegally gaining profits from 200,000,000 VND to under 500,000,000 VND;

d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND;

d) Regarding national internet transit stations, domain name database systems, and national domain name servers;

e) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Regarding data systems that belong to state secrets; information systems serving national defense and security;

b) For national information infrastructure; national power grid operation information systems; financial and banking information systems; traffic control information systems;

c) Illegally obtaining profits of VND 500,000,000 or more;

d) Causing damage of 1,000,000,000 VND or more.

4. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing certain occupations or performing certain work for 01 to 05 years.

Article 290. Crime of using computer networks, telecommunications networks, or electronic means to commit acts of asset appropriation

1. Anyone who uses computer networks, telecommunications networks, or electronic means to carry out one of the following acts, if not falling under one of the cases specified in Articles 173 and 174 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Using information about accounts or bank cards of agencies, organizations, or individuals to appropriate the property of the account holder, cardholder, or to pay for goods or services;

b) Manufacturing, storing, trading, using, or circulating fake bank cards to appropriate the property of the account holder, cardholder, or to pay for goods or services;

c) Illegally accessing the accounts of agencies, organizations, or individuals in order to misappropriate property;

d) Fraud in e-commerce, electronic payments, currency trading, capital mobilization, multi-level marketing, or online securities transactions in order to misappropriate property;

dd) Illegally establishing or providing telecommunications or internet services in order to misappropriate property.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Of a professional nature;

d) The number of counterfeit cards from 50 to under 200 cards;

dd) Appropriating property valued from 50,000,000 VND to under 200,000,000 VND;

e) Causing damage from 50,000,000 VND to under 300,000,000 VND;

g) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Appropriating property valued from 200,000,000 VND to under 500,000,000 VND;

b) Causing damage from 300,000,000 VND to under 500,000,000 VND;

c) The number of counterfeit cards from 200 to under 500 cards.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Appropriating property worth 500,000,000 VND or more;

b) Causing damage of 500,000,000 VND or more;

c) The number of counterfeit cards 500 cards or more.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

Article 291. Crime of collecting, storing, exchanging, buying, selling, or illegally publicizing information about bank accounts

1. Anyone who collects, stores, exchanges, buys, sells, or illegally publicizes information about another person's bank account in quantities from 20 accounts to under 50 accounts, or illegally profits from 20,000,000 VND to under 50,000,000 VND, shall be fined from 20,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years.

2. If the crime falls into one of the following cases, the offender shall be fined from 100,000,000 VND to 200,000,000 VND or imprisoned from 3 months to 2 years:

a) Collecting, storing, exchanging, buying, selling, or illegally publicizing information about another person's bank account in quantities from 50 accounts to under 200 accounts;

b) Organized;

c) Of a professional nature;

d) Illegally profiting from 50,000,000 VND to under 200,000,000 VND;

dd) Dangerous recidivism.

3. Committing an offense in one of the following cases shall be punished with a fine of from 200,000,000 VND to 500,000,000 VND or imprisonment from 02 years to 07 years:

a) Collecting, storing, exchanging, buying, selling, or unlawfully making public information about another person's bank account with a quantity of 200 accounts or more;

b) Illegally obtaining profits of 200,000,000 VND or more.

4. The offender may also be subject to a fine of from 10,000,000 VND to 50,000,000 VND, prohibition from holding a position, prohibition from practicing a profession or performing certain jobs from 01 year to 05 years, or confiscation of part or all of their assets.

Article 292. Crime of providing illegal services on computer networks and telecommunications networks

1. Anyone who provides any of the following services on computer networks or telecommunications networks without a license or in a manner not authorized by the license, and earns illicit profits from 50,000,000 VND to under 200,000,000 VND or has revenues from 500,000,000 VND to under 2,000,000,000 VND, shall be fined from 200,000,000 VND to 500,000,000 VND or subjected to non-custodial reform for up to 2 years:

a) Gold trading on accounts;

b) E-commerce trading platforms;

c) Multi-level marketing;

d) Payment intermediary services;

đ) Online games;

e) Other types of services on computer networks or telecommunications networks as prescribed by law.

2. Offenses falling under one of the following cases shall be fined from 500,000,000 VND to 1,500,000,000 VND or imprisoned from 3 months to 2 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Of a professional nature;

d) Dangerous recidivism;

d) Illegally gaining from 200,000,000 VND to under 500,000,000 VND or having revenue from 2,000,000,000 VND to under 5,000,000,000 VND.

3. Committing a crime in the case of illegally gaining 500,000,000 VND or more or having revenue of 5,000,000,000 VND or more, shall be fined from 1,500,000,000 VND to 5,000,000,000 VND or imprisoned from 2 years to 5 years.

4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, banned from holding certain positions, banned from practicing certain professions or performing certain jobs for a period of 01 year to 05 years, or have part or all of their assets confiscated.

Article 293. Crime of unauthorized use of radio frequencies reserved for emergency, safety, search, rescue, disaster relief, national defense, and security purposes

1. Any person who illegally uses radio frequencies reserved for emergency, safety, search, rescue, defense, or security purposes for other purposes, causing damage from 200,000,000 VND to under 500,000,000 VND, or who has already been administratively sanctioned for this act, or has been convicted of this crime and has not had the conviction expunged, but still commits the violation, shall be fined from 50,000,000 VND to 100,000,000 VND or sentenced to non-custodial reform for up to 3 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Organized;

b) Causing damage of 500,000,000 VND or more;

c) Dangerous recidivism.

Article 294. Crime of intentionally causing harmful interference

1. Anyone who intentionally causes harmful interference, obstructing the normal operation of the radio information system resulting in damage from 200,000,000 VND to under 500,000,000 VND, or who has been administratively sanctioned for this act, or has been convicted of this crime without having their criminal record expunged but still violates the law, shall be fined from 50,000,000 VND to 100,000,000 VND or subjected to non-custodial reform for up to 3 years.

2. If the crime falls under one of the following cases, the person shall be sentenced to imprisonment from 1 year to 5 years:

a) Organized;

b) Causing damage of 500,000,000 VND or more;

c) Dangerous recidivism.

Section 3. OTHER CRIMES INFRINGING ON PUBLIC SAFETY

Article 295. Crime of violating regulations on labor safety, labor hygiene, and safety in crowded places.

1. Anyone who violates the regulations on occupational safety and hygiene, and safety in crowded places under one of the following cases, shall be subject to a fine ranging from 20,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or health damage to 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causing the death of 02 people;

b) Causing injury or health damage to 02 people with a body injury rate of each person of 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND;

d) Being a person responsible for occupational safety and hygiene, and safety in crowded places.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Anyone who violates regulations on occupational safety, labor hygiene, or safety in crowded places causing injury or harm to the health of one person with a bodily injury rate from 31% to 60%, or causing injury or harm to the health of two or more people where the total bodily injury rate of these people is from 31% to 60%, shall be fined from 20,000,000 VND to 100,000,000 VND, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

5. Committing the crime with the potential to actually cause harm to the life, health, or property of others, if not prevented in time, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

6. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing a profession, or from doing certain work for a period of 1 to 5 years.

Article 296. Crime of violating regulations on employing workers under 16 years old

1. Whoever employs a person under 16 years old to perform heavy, dangerous work, or work involving exposure to harmful substances as prescribed by the State, in any of the following cases, shall be subject to a fine of 30,000,000 VND to 200,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%;

c) Causing injury or harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60%;

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

d) Causing injury or harm to the health of 02 people with a body injury rate of each person from 31% to 60%;

d) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people 61% or more.

3. Committing a crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years.

a) Causing the death of 2 or more people;

b) Inflicting injury or causing harm to the health of 2 or more people with a bodily injury rate of 61% or more for each person;

c) Inflicting injury or causing harm to the health of 3 or more people where the total bodily injury rate of these people is 122% or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 297. Crime of Forced Labor

1. Anyone who uses force, threatens to use force, or other means to compel another person to work under one of the following cases shall be subject to a fine of 50,000,000 VND to 200,000,000 VND, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

a) Has previously been administratively sanctioned for this act or has been convicted of this crime and has not had the record expunged, yet still violates;

b) Causing injury or harm to the health of 01 person with a body injury rate from 31% to 60%;

c) Causing injury or harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60%;

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Against 02 or more persons;

c) Against a person under 16 years old, a woman known to be pregnant, an elderly or infirm person, a person with severe or particularly severe disabilities;

d) Causing the death of 1 person or inflicting injury or causing harm to the health of 1 person with a bodily injury rate of 61% or more;

d) Causing injury or harm to the health of 2 people with a bodily injury rate of each person from 31% to 60%;

e) Causing injury or harm to the health of 3 or more people with a total bodily injury rate of these people being 61% or more;

g) Dangerous recidivism.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the death of 2 or more people;

b) Inflicting injury or causing harm to the health of 2 or more people with a bodily injury rate of 61% or more for each person;

c) Inflicting injury or causing harm to the health of 3 or more people where the total bodily injury rate of these people is 122% or more.

4. The offender may be fined from 30,000,000 VND to 100,000,000 VND, banned from holding certain positions, prohibited from practicing a profession or performing certain work for 1 to 5 years.

Article 298. Crime of violating construction regulations causing serious consequences

1. Anyone who violates regulations on construction in the areas of surveying, designing, construction, use of raw materials, materials, machinery, supervision, acceptance of works, or other areas, if not falling under the cases prescribed in Article 224 or Article 281 of this Code, and falls under one of the following cases, shall be fined from 50,000,000 VND to 500,000,000 VND, subject to non-custodial reform for up to 03 years, or imprisoned from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harming the health of 03 or more people with the total rate of bodily injury of these people ranging from 62% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Being a person with a position or authority;

b) Causing the death of 2 people;

c) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person 61% or more;

d) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 122% to 200%;

e) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime in the following cases shall be punishable by imprisonment from 08 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who violates regulations on construction in the fields of surveying, designing, construction, use of materials, machinery, supervision, project acceptance, or other related fields, if not falling under the cases specified in Article 225 or Article 281 of this Code, causing injury or harm to the health of 01 person with a body injury rate from 31% to 60% or causing injury or harm to the health of 02 or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 50,000,000 VND to 200,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years.

5. The offender may also be fined from 30,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, banned from professions, or from performing certain jobs for 01 to 05 years.

Article 299. Terrorism crime

1. Anyone who intends to cause panic among the public, thereby infringing on the life of others or destroying the property of agencies, organizations, or individuals, shall be punished with imprisonment from 10 to 20 years, life imprisonment, or death penalty.

2. Committing the crime under one of the following cases shall be punished with imprisonment from 5 to 15 years:

a) Establishing or participating in a terrorist organization, or organizing terrorist financing;

b) Forcing, enticing, recruiting, training, or instructing terrorist elements; manufacturing or supplying weapons to terrorist elements;

c) Infringement on personal freedom, health, or seizing, damaging the property of agencies, organizations, or individuals.

3. Committing the crime in the case of threatening to perform one of the acts specified in Clause 1 of this Article or having other actions that threaten the spirit, shall be punished with imprisonment from 02 years to 07 years.

4. A person who prepares to commit this crime shall be punished with imprisonment from 01 year to 05 years.

5. The offender may also be deprived of certain civil rights, subject to probation, banned from residence from 01 year to 05 years, or have part or all of their property confiscated.

Article 300. Crime of Terrorism Sponsorship

1. Anyone who mobilizes, supports money or property in any form for terrorist organizations or individuals shall be punished with imprisonment from 05 years to 10 years.

2. A person who prepares to commit this crime shall be punished with imprisonment from 01 year to 05 years.

3. The offender may also be subjected to probation, banned from residence from 01 year to 05 years, or have part or all of their property confiscated.

Article 301. Crime of Hostage Taking

1. Anyone who arrests, detains another person as a hostage and threatens to kill, injure, or continue to detain that person in order to coerce a nation, territory, international organization, agency, organization, or individual to do or not do something as a condition for releasing the hostage, if not falling under the cases specified in Articles 113 and 299 of this Code, shall be punished with imprisonment from 01 year to 05 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Exploiting a position or authority;

c) For persons under 18 years old, women known to be pregnant, persons aged 70 or older;

d) Committing the offense against a person performing official duties;

d) Against 02 or more persons;

e) Causing injury or harm to the health of 01 person with a body injury percentage from 31% to 60%, or causing injury or harm to the health of 02 or more persons with a total body injury percentage of these persons from 31% to 60%;

g) Causing mental and behavioral disorders in the victim from 11% to 45%.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

d) Causing mental disorder and behavioral disturbance of the victim of 46% or more.

4. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 07 years to 15 years:

a) Causing the death of 2 or more people;

b) Inflicting injury or causing harm to the health of 2 or more people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people reaching 122% or more;

d) Causing property damage of 500,000,000 VND or more.

5. Anyone preparing to commit this crime shall be punished with imprisonment from 06 months to 03 years.

Article 302. Crime of Piracy

1. Anyone who commits one of the following acts shall be sentenced to imprisonment from 5 years to 10 years:

a) Attacking a sea ship, aircraft, or other maritime vehicle that is at sea or in a place not under the jurisdiction of any country;

b) Attacking or seizing a person on a sea ship, aircraft, or other maritime vehicle specified in point a of this clause;

c) Robbing property on a sea ship, aircraft, or other maritime vehicle specified in point a of this clause.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 10 years to 15 years:

a) Organized;

b) Causing the death of one person or causing injury or damage to the health of one person with a body injury rate of 61% or more;

c) Causing injury or damage to the health of two people with the body injury rate of each person from 31% to 60%.

d) Causing injury or harm to the health of 03 or more people where the total body injury rate of these people ranges from 61% to 121%;

d) Embezzling assets valued from 50,000,000 VND to under 300,000,000 VND;

e) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Embezzling assets valued from 300,000,000 VND to under 1,000,000,000 VND;

e) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. If the crime falls into one of the following cases, the penalty is 20 years of imprisonment or life imprisonment:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Embezzling assets valued at 1,000,000,000 VND or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. Persons preparing to commit this crime shall be punished by imprisonment from 1 year to 5 years.

Article 303. Crime of destroying important works, facilities, and means concerning national security

1. Anyone who destroys works, facilities, or means of transportation, communication-information, electrical works, fuel supply lines, irrigation works, or other important works related to national defense, security, economy, science and technology, culture and society, if not falling under the cases stipulated in Article 114 of this Code, shall be sentenced to imprisonment from 03 years to 12 years.

2. If the crime falls under one of the following cases, the offender shall be sentenced to imprisonment from 10 years to 20 years, or life imprisonment:

a) Organized;

b) Causing important works, facilities, or means concerning national security to be damaged or cease to operate;

c) Causing the death of 03 or more persons;

d) Causing injury or health damage to 03 persons with a body injury rate of 61% or more for each person;

d) Causing injury or health damage to 03 or more persons with a total body injury rate of 200% or more for these persons;

e) Causing property damage of 1,500,000,000 VND or more;

g) Negatively affect the socio-economic situation;

h) Dangerous recidivism.

3. Anyone preparing to commit this crime shall be punished with imprisonment from 01 to 05 years.

4. The offender may also be subjected to probation from 01 year to 05 years.

Article 304. Crime of manufacturing, storing, transporting, using, illegally buying and selling, or appropriating military weapons, military technical means

1. Anyone who manufactures, stores, transports, uses, illegally buys and sells, or appropriates military weapons, military technical means, shall be punished with imprisonment from 01 year to 07 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Organized;

b) Illegal items in quantity: from 03 to 10 handguns, rifles, submachine guns; from 01 to 05 other infantry guns such as light machine guns, heavy machine guns, anti-aircraft guns from 12.7 mm to 25 mm, B40, B41 guns; from 05 to 15 mines, grenades; from 03 to 10 mortar shells, artillery shells; from 300 to 1,000 infantry bullets of caliber 11.43 mm or less; from 200 to 600 anti-aircraft machine gun bullets of caliber 12.7 mm to 25 mm; from 10 kilograms to 30 kilograms of explosives of various types or from 1,000 to 3,000 detonator caps or detonator tubes; from 3,000 meters to less than 10,000 meters of slow fuse, detonating cord.

c) Transporting, trading across the border;

d) Causing the death of 1 person or inflicting injury or causing harm to the health of 1 person with a bodily injury rate of 61% or more;

d) Causing injury or harm to the health of 2 people with a bodily injury rate of each person from 31% to 60%;

e) Causing injury or harm to the health of 03 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage from 100,000,000 VND to less than 500,000,000 VND;

h) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

d) Illegal items in quantity: from 11 to 30 handguns, rifles, submachine guns; from 6 to 20 other infantry guns such as light machine guns, heavy machine guns, anti-aircraft guns from 12.7 mm to 25 mm, B40, B41 guns; from 16 to 45 mines, grenades; from 11 to 30 mortar shells, artillery shells; from 1,001 to 3,000 infantry cartridges of 11.43 mm or smaller; from 601 to 2,000 anti-aircraft machine gun cartridges of 12.7 mm to 25 mm; over 31 kilograms to 100 kilograms of explosives of various types; from 3,001 to 10,000 detonators or blasting caps or from 10,000 meters to less than 30,000 meters of slow fuse, detonating cord.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Illegal items in quantities: from 31 handguns, rifles, submachine guns or more; from 21 other infantry guns such as light machine guns, heavy machine guns, anti-aircraft guns from 12.7 mm to 25 mm, B40, B41 or more; from 46 mines, grenades or more; from 31 mortar shells, artillery shells or more; from 3,001 bullets or more (infantry bullets of 11.43 mm caliber or below); from 2,001 anti-aircraft machine gun bullets or more (bullets of 12.7 mm to 25 mm caliber); from 101 kilograms or more of explosives of all types; from 10,001 detonators or blasting caps or more, or from 30,000 meters of slow-burning fuse or detonating cord or more.

b) Causing the death of 3 or more people;

c) Causing injury or damage to the health of 03 people with a body injury rate of each person 61% or more;

d) Causing injury or damage to the health of 03 or more people where the total body injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, subjected to probation or prohibited from residence from 01 year to 05 years.

Article 305. Crime of manufacturing, storing, transporting, using, illegally buying or seizing explosives

1. Anyone who manufactures, stores, transports, uses, illegally buys or seizes explosives shall be punished with imprisonment from 01 year to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) Explosives from 10 kilograms to 30 kilograms or from 1,000 to 3,000 detonators or explosive tubes; from 3,000 meters to less than 10,000 meters of slow-burning fuse, detonating cord;

c) Transporting, trading across the border;

d) Causing the death of 1 person or inflicting injury or causing harm to the health of 1 person with a bodily injury rate of 61% or more;

d) Causing injury or harm to the health of 2 people with a bodily injury rate of each person from 31% to 60%;

e) Causing injury or harm to the health of 03 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage from 100,000,000 VND to less than 500,000,000 VND;

h) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Explosives of all kinds from over 31 kilograms to 100 kilograms; from 3,001 to 10,000 detonators or blasting caps or from 10,000 meters to under 30,000 meters of slow fuse, detonation cord;

b) Causing the death of 2 people;

c) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person 61% or more;

d) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 122% to 200%;

e) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Explosives of all kinds from 101 kilograms or more; from 10,001 detonators or blasting caps or more, or from 30,000 meters of slow fuse, detonation cord or more;

b) Causing the death of 3 or more people;

c) Causing injury or damage to the health of 03 people with a body injury rate of each person 61% or more;

d) Causing injury or damage to the health of 03 or more people where the total body injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, subjected to probation or prohibited from residence from 01 year to 05 years.

Article 306. Crime of manufacturing, storing, transporting, using, illegally trading, or appropriating hunting guns, rudimentary weapons, sporting weapons, auxiliary tools, and other weapons with similar features and effects

1. Any person who manufactures, stores, transports, uses, illegally trades, or appropriates hunting guns, rudimentary weapons, sporting weapons, auxiliary tools, and other types of weapons with features and effects similar to hunting guns, rudimentary weapons, sporting weapons, and has already been administratively sanctioned for this act or has been convicted of this crime, and has not had their criminal record expunged but still violates, shall be punished with imprisonment from 03 months to 02 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Organized;

b) Having 11 units of hunting guns, primitive weapons, sporting weapons, supporting tools, or weapons not listed in the categories of weapons issued by the Government but having features or effects similar to military weapons or higher;

c) Transporting, trading across the border;

d) Causing the death of 01 person or more, or causing injury or harm to the health of 01 person or more with a body injury rate of 61% or higher;

đ) Causing injury or harm to the health of 02 people or more with a body injury rate of each person from 31% to 60%;

e) Causing injury or harm to the health of 03 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage of 100,000,000 VND or more;

h) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, subjected to probation or banned from residing from 01 year to 05 years.

Article 307. Crime of violating regulations on the management of weapons, explosives, and supporting tools

1. Anyone who violates regulations on the management of the production, repair, equipping, use, preservation, storage, transportation, or trading of military weapons, hunting guns, sporting weapons, explosives, or support tools in any of the following cases shall be sentenced to imprisonment from 1 year to 5 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Committing a crime that causes injury or harm to the health of one person with a body injury rate from 31% to 60%, or causing injury or harm to the health of two or more people with the total body injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or sentenced to imprisonment from 6 months to 3 years.

5. Committing a crime in circumstances where there is a real possibility of causing harm to the life, health, or property of others if not prevented in time, shall be punishable by non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 308. Crime of negligence in safeguarding weapons, explosives, or support tools causing serious consequences

1. Whoever is entrusted with military weapons, hunting guns, sports weapons, explosives, or support tools and negligently allows others to use such weapons, explosives, or support tools in any of the following cases, shall be punishable by non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime in any of the following cases shall be punished by imprisonment from 5 years to 10 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who is entrusted with military weapons, hunting guns, sporting weapons, explosives, or supporting tools and irresponsibly allows others to use them causing injury or health damage to one person with a bodily injury rate from 31% to 60%, or causing injury or health damage to two or more people with the total bodily injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 309. Crime of producing, storing, transporting, using, spreading, illegally buying or selling, or appropriating radioactive substances, nuclear materials

1. Anyone who produces, stores, transports, uses, spreads, illegally buys or sells, or appropriates radioactive substances or nuclear materials shall be imprisoned from 2 years to 7 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Organized;

b) Transporting or buying and selling across the border;

c) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

d) Causing injury or harm to the health of 02 people with a body injury rate of each person from 31% to 60%;

d) Causing injury or harm to the health of 03 or more people, with the total body injury rate of these people ranging from 61% to 121%;

e) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

g) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

5. A person who produces, stores, transports, uses, disseminates, illegally buys or sells, or seizes radioactive substances or nuclear materials causing injury or harm to the health of one person with a body injury rate from 31% to 60%, or causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years.

6. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, subjected to surveillance or restricted residence for 1 to 5 years.

Article 310. Crime of violating regulations on the management of radioactive substances and nuclear materials

1. Anyone who violates regulations on the management of the production, equipping, use, preservation, storage, transportation, or trade of radioactive substances, nuclear materials in any of the following cases, shall be sentenced to imprisonment from 3 years to 10 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Anyone who violates regulations on the management of the production, equipping, use, preservation, storage, transportation, or trade of radioactive substances, nuclear materials causing injury or health harm to 1 person with a body injury rate from 31% to 60% or causing injury or health harm to 2 or more people with the total body injury rate of these people from 31% to 60%, shall be fined from 30,000,000 VND to 100,000,000 VND or sentenced to imprisonment from 1 year to 5 years.

5. Committing the crime with the potential to actually cause harm to the life, health, or property of others, if not prevented in time, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

6. The offender may also be prohibited from holding certain positions, practicing a profession, or doing certain work for 1 to 5 years.

Article 311. Crime of producing, storing, transporting, using, or illegally trading flammable substances, toxic substances

1. Anyone who produces, stores, transports, uses, or illegally buys and sells flammable substances or toxic chemicals shall be subject to imprisonment from 01 year to 05 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Causing injury or harm to the health of one person with a bodily injury rate from 31% to 60%;

b) Causing injury or damage to the health of 02 or more people where the total rate of bodily injury of these people is from 31% to 60%.

3. Committing the crime under one of the following cases shall be subject to imprisonment from 03 years to 10 years:

a) Organized;

b) Transporting or buying and selling across the border;

c) Toxic chemicals listed in Schedule 3 of the Convention prohibiting the development, production, storage, use and destruction of chemical weapons;

d) Causing the death of 1 person or inflicting injury or causing harm to the health of 1 person with a bodily injury rate of 61% or more;

d) Causing injury or harm to the health of 2 people with a bodily injury rate of each person from 31% to 60%;

e) Causing injury or harm to the health of 03 or more people where the total body injury rate of these people is from 61% to 121%;

g) Causing property damage from 100,000,000 VND to less than 500,000,000 VND;

h) Dangerous recidivism.

4. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 07 years to 15 years:

a) Toxic chemicals listed in Schedule 2 of the Convention prohibiting the development, production, storage, use and destruction of chemical weapons;

b) Causing the death of 2 people;

c) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person 61% or more;

d) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 122% to 200%;

e) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

5. Committing the crime under one of the following cases shall be subject to imprisonment from 15 years to 20 years or life imprisonment:

a) Toxic chemicals listed in Schedule 1 of the Convention prohibiting the development, production, storage, use and destruction of chemical weapons;

b) Causing the death of 3 or more people;

c) Causing injury or damage to the health of 03 people with a body injury rate of each person 61% or more;

d) Causing injury or damage to the health of 03 or more people where the total body injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

6. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, subjected to surveillance or restricted residence for 1 to 5 years.

Article 312. Crime of violating regulations on the management of flammable and toxic substances

1. Anyone who violates regulations on the management of production, equipment, use, preservation, storage, transportation, or trading of flammable or toxic substances in any of the following cases shall be subject to imprisonment from 1 year to 5 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the offense falls into any of the following cases, the penalty shall be imprisonment from 5 years to 10 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. If the offense falls into any of the following cases, the penalty shall be imprisonment from 10 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Anyone who violates regulations on the management of production, equipment, use, preservation, storage, transportation, or trading of flammable or toxic substances causing injury or health damage to one person with a bodily injury rate from 31% to 60% or causing injury or health damage to two or more people with the total bodily injury rate of these people from 31% to 60%, shall be subject to non-custodial reformatory education for up to 2 years or imprisonment from 3 months to 2 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 313. Crime of violating regulations on fire prevention and fighting

1. Anyone who violates regulations on fire prevention and fighting in one of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 02 years to 05 years:

a) Causing the death of 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime in one of the following cases shall be subject to imprisonment from 05 years to 08 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harm to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who violates regulations on fire prevention and fighting, causing injury or health damage to 01 person with a body injury rate from 31% to 60%, or causing injury or health damage to 02 or more people with the total body injury rate of these people ranging from 31% to 60%, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

5. Committing a crime in circumstances where there is a real possibility of causing harm to the life, health, or property of others, if not prevented in time, shall be subject to a warning, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year.

6. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing a profession, or from doing certain work for a period of 1 to 5 years.

Article 314. Crime of violating regulations on the safe operation of electrical works

1. Anyone who commits one of the following acts causing injury or harm to the health of one person with a body injury rate from 31% to 60%; causing injury or harm to the health of two or more people with a total body injury rate of these people from 31% to 60%; or causing property damage from 100,000,000 VND to less than 500,000,000 VND; or has already been disciplined or administratively fined for this act but still violates, shall be fined from 20,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

a) Allowing the construction of houses or works, or arbitrarily building houses or works within the safety corridor of electrical works;

b) Causing explosions, fire, burning forests for farming, or knocking down trees affecting the safe operation of electrical works;

c) Digging holes, driving stakes, or building houses on the protection corridor of underground power cables;

d) Dropping anchors of ships or boats in the protective corridor of underground power cables laid in riverbeds or seabeds that have been notified or marked with signs;

d) Installing electrical equipment or constructing electrical lines without ensuring safety.

2. Committing the crime in one of the following cases shall be subject to a fine of 100,000,000 VND to 300,000,000 VND or imprisonment from 2 years to 7 years:

a) Causing death;

b) Causing injury or harming the health of one person with a body injury rate of 61% or higher, or causing injury or harming the health of two or more people whose total body injury rate is from 61% to 121%;

c) Causing property damage from VND 500,000,000 to less than VND 1,500,000,000.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Causing the death of 2 or more people;

b) Causing injury or harming the health of two or more people with a body injury rate of each person 61% or higher, or causing injury or harming the health of two or more people whose total body injury rate is 122% or higher;

c) Causing property damage of 1,500,000,000 VND or more.

4. Committing an offense in circumstances where there is a real possibility of consequences causing damage to the life, health, or property of others if not prevented in time, shall be punishable by a fine of from 20,000,000 VND to 100,000,000 VND, non-custodial correction for up to 02 years, or imprisonment from 03 months to 02 years.

5. The offender may also be prohibited from holding certain positions, practicing a profession, or performing specific work for 1 year to 5 years.

Article 315. Crime of violating regulations on medical examination, treatment, drug production, preparation, dispensing, sale, or other medical services

1. Anyone who violates regulations on medical examination, treatment, drug production, preparation, dispensing, sale, or other medical services, if it does not fall under the case prescribed in Article 259 of this Code, falls under one of the following cases, or has already been subject to disciplinary action, administrative sanction for this act, or has been convicted of this crime and the record has not yet been expunged but continues to violate, shall be punishable by imprisonment from 01 year to 05 years:

a) Cause the death of 01 person or cause harm to the health of 01 person with a body injury rate of 61% or more;

b) Cause harm to the health of 02 people with each person's body injury rate from 31% to 60%;

c) Cause harm to the health of 03 people or more with the total body injury rate of these people from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing the death of 02 people;

b) Cause harm to the health of 02 people with each person's body injury rate of 61% or more;

c) Cause harm to the health of 03 people or more with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime under one of the following cases shall be sentenced to imprisonment from 07 years to 15 years.

a) Causing the death of 03 or more people;

b) Cause harm to the health of 03 people with each person's body injury rate of 61% or more;

c) Cause harm to the health of 03 people or more with the total body injury rate of these people 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. A person who violates regulations on medical examination, treatment, production, compounding, dispensing, selling drugs, or other medical services, if not falling under the cases specified in Article 259 of this Code, causing harm to the health of 01 person with a body injury rate from 31% to 60%, or causing harm to the health of 02 or more people with a total body injury rate of these people from 31% to 60%, or has already been disciplined, administratively sanctioned for this act, or convicted of this crime and not yet expunged, and still violates, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, prohibited from holding certain positions, banned from practicing certain professions or doing certain jobs for 01 year to 05 years.

Article 316. Crime of Illegal Abortion

1. Whoever carries out illegal abortion for another person in one of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 03 years:

a) Cause the death of 01 person or cause harm to the health of 01 person with a body injury rate of 61% or more;

b) Cause harm to the health of 02 people with each person's body injury rate from 31% to 60%;

c) Causing harm to the health of 03 or more people with the total body injury rate of these people from 61% to 121%;

d) Having been disciplined, administratively sanctioned for this act, or have been convicted of this crime and the record has not been expunged, yet still commit the violation.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causing the death of 02 people;

b) Causing harm to the health of 02 people with a body injury rate of each person 61% or more;

c) Causing harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Cause harm to the health of 03 people with each person's body injury rate of 61% or more;

c) Causing harm to the health of 03 or more people with the total body injury rate of these people 201% or more.

4. The offender may also be fined from 5,000,000 VND to 50,000,000 VND, prohibited from holding positions, prohibited from practicing certain occupations or performing certain work for 01 to 05 years.

Article 317. Crime of violating regulations on food hygiene and safety

1. Whoever conducts one of the following acts violating food safety regulations shall be fined from 50,000,000 VND to 200,000,000 VND or imprisoned from 01 year to 05 years:

a) Using banned substances in the production, preliminary processing, processing, preservation of food, or selling, supplying food while knowing that the food contains banned substances;

b) Using chemicals, antibiotics, veterinary drugs, prohibited plant protection drugs in crop production, animal husbandry, aquaculture, salt production, preliminary processing, processing, preservation of agricultural, forestry, aquatic products, and salt that creates residues exceeding the permitted limit in the product;

c) Using types of chemicals, antibiotics, veterinary drugs, plant protection drugs, environmental treatment substances outside the permitted list or with unclear origin or not in accordance with regulations in production, preliminary processing, processing, preservation of food in crop production, animal husbandry, aquaculture, salt production that create residues exceeding the permitted limit in the product, or have been administratively sanctioned for one of the acts mentioned in this point or point a of this clause and still violate.

d) Processing, providing, or selling food knowing that the food does not meet technical standards, food safety regulations; using chemicals, additives, processing support substances outside the permitted list or of unclear origin in the production, preliminary processing, processing, or preservation of food: causing harm to the health of 01 person with a body injury rate from 31% to 60%, or causing harm to the health of 02 or more people with a total body injury rate of these people from 31% to 60%, or deriving illicit profits from 50,000,000 VND to 100,000,000 VND.

2. Committing an offense under one of the following cases shall be subject to a fine from 200,000,000 VND to 500,000,000 VND or imprisonment from 3 years to 7 years:

a) Committing the crime in an organized manner;

b) Causing the death of 1 person or causing injury to 1 person with a body injury rate of 61% or more;

c) Causing injury to the health of 2 people with a body injury rate of each person from 31% to 60%;

d) Causing injury to the health of 3 or more people where the total body injury rate of these people is from 61% to 121%;

d) Illegally gaining benefits from 100,000,000 VND to under 500,000,000 VND;

e) Committing the crime 2 or more times;

g) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Causing the death of 02 people;

b) Causing harm to the health of 02 people with a body injury rate of each person 61% or more;

c) Cause harm to the health of 03 people or more with the total body injury rate of these people from 122% to 200%;

d) Illegally gaining benefits from 500,000,000 VND to under 1,000,000,000 VND;

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Causing the death of 03 or more people;

b) Causing injury to the health of 3 or more people with a body injury rate of each person 61% or more;

c) Cause harm to the health of 03 people or more with the total body injury rate of these people 201% or more;

d) Illegally gaining benefits of 1,000,000,000 VND or more.

5. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, prohibited from holding positions, banned from practicing certain professions or jobs for 01 year to 05 years.

Section 4. OTHER CRIMES INFRINGING ON PUBLIC ORDER

Article 318. Crime of disturbing public order

1. Anyone who disturbs public order causing negative effects on security, order, and social safety, or who has been administratively sanctioned for this act or has been convicted of this crime and has not had the conviction expunged but commits it again, shall be fined from 5,000,000 VND to 50,000,000 VND, subjected to non-custodial reform for up to 02 years, or imprisoned from 03 months to 02 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Using weapons, dangerous instruments, or engaging in destructive acts;

c) Causing serious traffic obstruction or disruption of public activities;

d) Inciting others to cause disturbances;

d) Attacking those intervening to protect public order;

e) Dangerous recidivism.

Article 319. Crime of infringing on corpses, tombs, and human remains

1. Anyone who digs up, destroys graves, appropriates objects placed in or on graves, or engages in other acts infringing upon corpses, graves, or remains, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Causing adverse effects on security, order, and social safety;

b) Appropriating or destroying objects of historical or cultural value;

c) For a base motive;

d) Appropriating body parts or remains.

Article 320. Crime of practicing superstition

1. Anyone who uses fortune-telling, spirit-medium rituals, or other forms of superstition, and who has already been administratively sanctioned for this behavior or convicted of this crime, and whose record has not been expunged, but still violates, shall be fined from VND 10,000,000 to VND 100,000,000, subjected to non-custodial reform for up to 3 years, or sentenced to imprisonment from 6 months to 3 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Causing death;

b) Gaining illicit profits of 200,000,000 VND or more;

c) Causing a negative impact on security, order, and social safety.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 321. Crime of gambling

1. Anyone who gambles illegally in any form for money or valuables worth from 5,000,000 VND to under 50,000,000 VND, or under 5,000,000 VND, and has been administratively sanctioned for this act or for the act prescribed in Article 322 of this Code, or has been convicted of this crime or the crime prescribed in Article 322 of this Code, whose criminal record has not been expunged and still violates, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Having a professional nature;

b) Money or valuables used for gambling worth 50,000,000 VND or more;

c) Using the internet, computer network, telecommunications network, or electronic means to commit the crime;

d) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 322. Crime of organizing gambling or running a gambling house

1. Anyone who organizes gambling or illegal betting in any of the following cases shall be fined from 50,000,000 VND to 300,000,000 VND or imprisoned from 1 year to 5 years:

a) Organizing or using a location owned or managed by oneself to allow 10 or more people to gamble at the same time or to have 2 or more gambling tables where the money or valuable items used for gambling are worth 5,000,000 VND or more;

b) The total amount of money or valuable items used in a single gambling session is worth 20,000,000 VND or more;

c) Organizing a place to pawn assets for participants of gambling; installing equipment to serve gambling; assigning people to guard, serve, arrange escape routes in case of being caught, or using means to assist gambling;

d) Having been administratively sanctioned for this act or the act prescribed in Article 321 of this Code, or having been convicted of this crime or the crime prescribed in Article 321 of this Code, and the criminal record has not been cleared while still committing the violation.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Having a professional nature;

b) Illegally obtaining benefits of 50,000,000 VND or more;

c) Dangerous recidivism.

3. The offender may also be fined from 20,000,000 VND to 100,000,000 VND or have a part or all of their assets confiscated.

Article 323. Crime of harboring or consuming property obtained by others through crime

1. Anyone who, without prior agreement, harbors or consumes property knowing well that it was obtained by others through crime, shall be fined from 10,000,000 VND to 100,000,000 VND, subject to non-custodial reform up to 03 years or imprisonment from 06 months to 03 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Being of a professional nature;

c) Property or illegal items valued from 100,000,000 VND to under 300,000,000 VND;

d) Illegally obtained benefits from 20,000,000 VND to under 100,000,000 VND;

dd) Dangerous recidivism.

3. Committing a crime falling under one of the following cases shall be punished with imprisonment from 7 years to 10 years:

a) Property or illegal items valued from 300,000,000 VND to under 1,000,000,000 VND;

b) Illegally obtained profits from 100,000,000 VND to under 300,000,000 VND.

4. Committing a crime falling under one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Property or illegal items valued at 1,000,000,000 VND or more;

b) Illegally obtained profits of 300,000,000 VND or more.

5. Offenders may also be fined from 5,000,000 VND to 50,000,000 VND or have part or all of their property confiscated.

Article 324. Money Laundering

1. Anyone who commits one of the following acts shall be punished with imprisonment from 1 year to 5 years:

a) Directly or indirectly participating in financial, banking, or other transactions to conceal the illegal origin of money or assets obtained through one’s own criminal acts or knowing or having grounds to know that they were obtained through crimes committed by others;

b) Using money or assets obtained through one’s own criminal acts or knowing or having grounds to know that they were obtained through criminal acts committed by others for conducting business activities or other activities;

c) Concealing information about the origin, true nature, location, movement process, or ownership of money or assets obtained through one’s own criminal acts or knowing or having grounds to know that they were obtained through crimes committed by others, or obstructing the verification of such information;

d) Carrying out one of the acts specified in points a, b, and c of this clause with money or assets known to have been obtained from the transfer, assignment, or conversion of money or assets resulting from criminal acts committed by others.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Exploiting a position or authority;

c) Commit the crime two or more times;

d) Having a professional nature;

đ) Using sophisticated, cunning methods;

e) Money or property involved in the crime valued from 200,000,000 VND to under 500,000,000 VND;

g) Illegitimate gains from 50,000,000 VND to under 100,000,000 VND;

h) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Money or property involved in the crime valued at 500,000,000 VND or more;

b) Illegitimate gains of 100,000,000 VND or more;

c) Causing adverse effects on the safety of the national financial and monetary system.

4. A person who prepares to commit this crime shall be punished with imprisonment from 01 year to 05 years.

5. The offender may also be subject to a fine of 20,000,000 VND to 100,000,000 VND, prohibition from holding positions, prohibition from practicing a profession or doing certain work for 01 to 05 years, or confiscation of part or all of their assets.

Article 325. Crimes of seducing, coercing, or harboring persons under 18 to commit illegal acts

1. Anyone who is 18 years old or older and commits any of the following acts against a person under 18 years old shall be sentenced to imprisonment from 01 year to 05 years:

a) Enticing, seducing, luring, bribing, instigating, or urging a person under 18 to commit crimes or lead a depraved life;

b) Threatening, intimidating, using force, or committing other acts to coerce a person under 18 to engage in criminal activity;

c) Harboring a person under 18 to engage in illegal activities.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Organized;

b) Persuading, luring, enticing, bribing, instigating, inciting, threatening, intimidating, forcing, harboring multiple people;

c) Against persons under 13 years old;

d) Persuading, luring, enticing, bribing, instigating, inciting, threatening, intimidating, forcing, harboring persons under 18 years old to commit very serious crimes or particularly serious crimes;

dd) Dangerous recidivism.

3. Offenders may also be fined from 10,000,000 VND to 100,000,000 VND. Offenders falling under the cases stipulated in point đ, clause 2 of this Article may also be subjected to probation from 01 year to 05 years.

Article 326. Crime of disseminating obscene cultural products

1. Anyone who produces, copies, circulates, transports, buys, stores with the intention to disseminate books, newspapers, paintings, photographs, films, music, or other items containing pornographic, obscene content, or other acts of spreading obscene items in any of the following cases shall be fined from 10,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years:

a) Digitized data with a size from 01 gigabyte (GB) to less than 05 gigabyte (GB);

b) Printed books, newspapers in quantities from 50 units to 100 units;

c) Paper photographs in quantities from 100 photos to 200 photos;

d) Dissemination to 10 people to 20 people;

d) Has been administratively sanctioned for this act or has been convicted of this crime, and the criminal record has not been expunged while still committing violations.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) Digitized data with a size from 05 gigabyte (GB) to less than 10 gigabyte (GB);

c) Printed books, newspapers in quantities from 51 units to 100 units;

d) Paper photographs in quantities from 201 photos to 500 photos;

đ) Dissemination to 21 people to 100 people;

e) For persons under 18 years old;

g) Using the internet, computer networks, telecommunications networks, electronic means to commit crimes;

h) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Digital data with a size of 10 gigabytes (GB) or more;

b) Printed books, printed newspapers with a quantity of 101 units or more;

c) Paper photos with a quantity of 501 photos or more;

d) Distributed to 101 people or more.

4. The offender may also be fined from 5,000,000 VND to 30,000,000 VND, prohibited from practicing a profession or performing certain jobs from 01 year to 05 years.

Article 327. Crime of hosting prostitution

1. Anyone who hosts prostitution shall be punished with imprisonment from 01 year to 05 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Forcing someone into prostitution;

c) Commit the crime two or more times;

d) Hosting prostitution of 04 or more people;

đ) Regarding persons from 16 years old to under 18 years old;

e) Causing mental disorder and behavioral disturbance of prostitutes from 11% to 45%;

g) Illegally profiting from 50,000,000 VND to under 200,000,000 VND;

h) Dangerous recidivism.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Regarding persons from 13 years old to under 16 years old;

b) Illegally gaining profits from 200,000,000 VND to under 500,000,000 VND;

c) Causing mental disorder and behavioral disturbance of prostitutes 46% or more.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 15 years to 20 years or life imprisonment:

a) For 02 or more people from 13 years old up to under 16 years old;

b) Earning illegal profits of 500,000,000 VND or more;

c) Forcing prostitution leading to the person’s death or suicide.

5. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, placed under probation from 01 year to 05 years, or have part or all of their property confiscated.

Article 328. Crime of Procuring Prostitution

1. Anyone who acts as an intermediary, enticing or leading someone to engage in buying or selling sex, shall be punished by imprisonment from 06 months to 03 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) For persons from 16 years old up to under 18 years old;

b) Organized;

c) Of a professional nature;

d) Committing the crime two or more times;

d) Against 02 or more persons;

e) Illegitimate gain from 100,000,000 VND up to under 500,000,000 VND;

g) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Regarding persons from 13 years old to under 16 years old;

b) Illegally gaining 500,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Article 329. Crime of Buying Sex with Persons Under 18

1. Anyone 18 years or older who buys sex with a person under 18, except in cases specified in point b, clause 1, Article 142 of this Code, shall be punished by imprisonment from 01 year to 05 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Buying sex 02 times or more;

b) Buying sex with a person from 13 years old up to under 16 years old;

c) Causing harm to the health of the victim with a body injury rate from 31% to 60%.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Committing the crime 02 times or more against a person from 13 years old to under 16 years old;

b) Causing harm to the health of the victim with a body injury rate of 61% or more.

4. The offender shall also be fined from 10,000,000 VND to 50,000,000 VND.

Chapter XXII. CRIMES VIOLATING ADMINISTRATIVE MANAGEMENT ORDER

Article 330. Crime of resisting persons performing official duties

1. Anyone who uses force, threatens to use force, or uses other means to obstruct a person performing official duties in carrying out their duties or forces them to perform illegal acts, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Inciting, luring, or provoking others to commit crimes;

d) Causing property damage of 50,000,000 VND or more;

dd) Dangerous recidivism.

Article 331. Crime of abusing democratic freedoms to infringe upon the interests of the State, or the lawful rights and interests of organizations and individuals

1. Anyone who takes advantage of the freedoms of speech, press, belief, religion, assembly, association, and other democratic freedoms to infringe upon the interests of the State, or the rights and legitimate interests of organizations or individuals, shall be subject to a warning, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

2. Committing the crime that adversely affects national security, order, and social safety shall be punishable by imprisonment from 02 years to 07 years.

Article 332. Crime of evading military service

1. Anyone who does not comply with the legal regulations on military service registration, does not comply with the call for enlistment, or the call for training concentration, and has already been administratively penalized for this act or has been convicted of this crime and has not had the conviction expunged, but still violates, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Self-inflicting injury or causing harm to one's own health;

b) Committing crimes during wartime;

c) Inciting others to commit crimes.

Article 333. Crime of not complying with the call for reservists to enlist

1. Anyone who is a reservist and does not comply with the call to enlist in the case of a general mobilization order, local mobilization order, during war, or when there is a need to reinforce the regular forces of the military to fight to protect the locality, protect territorial sovereignty, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Self-inflicting injury or causing harm to one's own health;

b) Inciting others to commit crimes.

Article 334. Crime of violating regulations on the fulfillment of military service obligations

1. Anyone who takes advantage of their position or authority to act contrary to the regulations on military service registration, conscription, or mobilization for training, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

2. Committing the crime during wartime shall be subject to imprisonment from 2 years to 7 years.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 335. Crime of obstructing the performance of military service

1. Anyone who intentionally obstructs military service registration, conscription, or mobilization for training, shall be subject to a warning, non-custodial reform for up to 2 years, or imprisonment from 3 months to 2 years.

2. Committing the crime by abusing position or authority, or during wartime, shall be subject to imprisonment from 2 years to 5 years.

Article 336. Crime of registering civil status illegally

1. Any person who has the duty and authority but carries out the registration or issuance of civil status documents illegally, and has already been disciplined for this act but still violates, shall be subject to a warning or non-custodial correctional punishment of up to 03 years.

2. Committing the offense in any of the following cases shall be punishable by imprisonment from 03 months to 02 years:

a) Registering or issuing civil status documents illegally for 02 or more people;

b) Civil status documents that have been issued or registered illegally are used to carry out illegal acts.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 337. The crime of intentionally disclosing state secrets; the crime of appropriating, buying, selling, or destroying state secret documents

1. Anyone who intentionally discloses or trades state secrets, if not covered by the provisions in Article 110 of this Code, shall be punished by imprisonment from 02 to 07 years.

2. Committing the crime in the following cases shall be punished by imprisonment from 05 to 10 years:

a) State secrets of top-secret level;

b) Exploiting a position or authority;

c) Causing harm to national defense, security, foreign relations, economy, or culture.

3. Committing crimes in the following cases shall be subject to imprisonment from 10 years to 15 years:

a) Organized;

b) State secrets of the top secret level;

c) Commit the crime two or more times;

d) Causing harm to the political regime, independence, sovereignty, unity, and territorial integrity.

4. The offender may also be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding a position, practicing a profession, or performing certain jobs from 1 year to 5 years.

Article 338. The crime of negligently disclosing state secrets; the crime of losing state secret items or documents

1. Anyone who negligently discloses state secrets or loses state secret items or documents shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

2. Committing crimes in the following cases shall be subject to imprisonment from 2 years to 7 years:

a) State secrets of the utmost secret or top secret level;

b) Causing harm to national defense, security, foreign relations, the economy, culture, the political regime, independence, sovereignty, unity, and territorial integrity.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 339. The crime of falsifying positions, ranks, or work placements

Anyone who falsifies their position, rank, or workplace to commit illegal acts but not for the purpose of appropriating property shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

Article 340. Crime of altering and using certificates, documents of agencies and organizations

1. Anyone who alters, falsifies the content of passports, visas, household registers, civil status papers, various certificates, or documents of agencies and organizations and uses such documents to commit a crime, or has been administratively sanctioned for this act, or has been convicted of this crime and has not yet had their criminal record expunged but still violates the law, shall be subject to a warning, a fine ranging from 10,000,000 VND to 50,000,000 VND, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Committing the crime 02 times or more;

b) Using documents that have been altered or falsified to commit a very serious crime or a particularly serious crime.

3. The offender may also be fined from 5,000,000 VND to 20,000,000 VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years.

Article 341. Crimes of forging seals, documents of agencies, organizations; crimes of using forged seals, documents of agencies, organizations

1. Anyone who forges seals, documents, or other papers of an agency or organization, or uses those seals, documents, or papers to commit illegal acts, shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years, or imprisoned from 06 months to 03 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Forging from 02 to 05 seals, documents, or other papers;

d) Using seals, documents, or other papers to commit a crime;

d) Illegally gaining from 10,000,000 VND to under 50,000,000 VND;

e) Dangerous recidivism.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Forging 06 seals, documents, or other papers or more;

b) Using seals, documents, or other papers to commit very serious or particularly serious crimes;

c) Illegally obtaining profits of 50,000,000 VND or more.

4. The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

Article 342. Crime of appropriating, buying, selling, or destroying seals, documents of agencies or organizations

1. Anyone who appropriates, buys, sells, or illegally destroys seals or documents of agencies or organizations that are not classified as state secrets or work secrets, shall be fined from 5,000,000 VND to 50,000,000 VND, subjected to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Organized;

b) Illegally obtaining profits of 10,000,000 VND or more;

c) Committing illegal acts;

d) Dangerous recidivism.

3. The offender may also be fined from 5,000,000 VND to 20,000,000 VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years.

Article 343. Crime of violating regulations on housing management

1. Anyone who occupies housing, constructs houses illegally, has been administratively sanctioned for this act or has been convicted of this offense, and the criminal record has not been expunged, but still violates, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years. Illegal houses and constructions may be dismantled, requisitioned, or confiscated.

2. The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

Article 344. Crime of violating regulations on publishing activities

1. Anyone who violates the regulations on publishing activities in any of the following cases shall be subject to a warning, a fine from 20,000,000 VND to 200,000,000 VND, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years:

a) Not complying with regulations on editing and manuscript approval but still publishing publications, having been administratively sanctioned for this act and still violating;

b) Printing over 2,000 copies for each publication without a publishing registration confirmation, without a publishing decision, or a license for non-commercial documents; without manuscripts that have been approved according to legal regulations;

c) Publishing, printing, or distributing publications that have been suspended, withdrawn, confiscated, banned from circulation, destroyed, or imported illegally with a quantity of 500 copies or more for each publication;

d) Posting on electronic means publications with content prohibited by law or without publishing registration confirmation, without a publishing decision, without manuscripts that have been approved, while publishing such publications;

d) Committing the crime with a number of publications below the amount prescribed in one of points b or c of this clause, having been administratively sanctioned for one of the acts prescribed in points b and c of this clause or having been convicted of this crime, and the criminal record has not been expunged but still violates;

e) Failing to submit deposit copies but still distributing publications, having been administratively sanctioned for this act and still violating.

2. Committing the crime under one of the following cases, if not prescribed in Article 117 of this Code, shall be subject to imprisonment from 02 years to 05 years:

a) Organized;

b) Altering, falsifying the content of a manuscript that has been approved or the manuscript of non-commercial documents that already bear the seal of the publishing license issuing authority to publish content prohibited under the Publishing Law;

c) Publishing publications with content prohibited under the Publishing Law.

3. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, prohibited from holding a position, banned from practicing a profession or performing certain jobs for 01 to 05 years.

Article 345. Crime of violating regulations on the protection and use of historical-cultural relics, scenic spots, and landscapes causing serious consequences

1. Anyone who violates regulations on the protection and use of historical-cultural relics, scenic spots, and landscapes, causing damage to historical-cultural relics, scenic spots, and landscapes valued from 100,000,000 VND to less than 500,000,000 VND; destroys or alters the original elements forming provincial-level historical-cultural relics or scenic spots, or has previously been administratively penalized for this act or convicted of this crime and has not had their criminal record expunged but still violates, shall be subject to a warning, a fine of 10,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

2. Committing a crime in cases causing damage to historical-cultural relics, scenic spots with value from 500,000,000 VND or more, or destroying or altering the original elements constituting national or special national historical-cultural relics or scenic spots, shall be punished with imprisonment from 3 years to 7 years.

Article 346. Crime of violating regulations on border areas

1. Anyone who violates regulations on residence, movement, or other regulations on border areas, who has already been administratively sanctioned for this act or has been convicted of this crime and has not yet had the record expunged but still violates, shall be fined from 10,000,000 VND to 100,000,000 VND or sentenced to imprisonment from 6 months to 3 years.

2. Re-offending or committing a crime that adversely affects security, order, and social safety in border areas shall be punished with imprisonment from 2 years to 7 years.

3. The offender may also be fined from 5,000,000 VND to 50,000,000 VND and prohibited from residence for a period of 01 year to 05 years.

Article 347. Crime of violating regulations on exit, entry; crime of staying in Vietnam illegally

Anyone who exits or enters illegally or stays in Vietnam illegally, having already been administratively sanctioned for this behavior but continues to violate, shall be fined from 5,000,000 VND to 50,000,000 VND or sentenced to imprisonment from 06 months to 03 years.

Article 348. Crime of organizing or brokering for others to exit, enter, or stay in Vietnam illegally

1. Anyone who, for profit, organizes or brokers for others to exit, enter, or stay in Vietnam illegally, shall be penalized from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Exploiting position or authority;

b) Committing the crime 2 times or more;

c) For 5 to 10 people;

d) Having a professional nature;

d) Illegally gaining benefits from 100,000,000 VND to under 500,000,000 VND;

e) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) For 11 people or more;

b) Earning illegal profits of 500,000,000 VND or more;

c) Causing death.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND or banned from holding a position, practicing a profession, or doing certain work for 1 year to 5 years.

Article 349. Crime of organizing, brokering for others to illegally escape abroad or stay abroad

1. Anyone who organizes or brokers for others to illegally escape abroad or stay abroad, if not falling under the cases stipulated in Article 120 of this Code, shall be sentenced to imprisonment from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Exploiting position or authority;

b) Committing the crime 2 times or more;

c) For 5 to 10 people;

d) Having a professional nature;

d) Illegally gaining benefits from 100,000,000 VND to under 500,000,000 VND;

e) Dangerous recidivism.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) For 11 people or more;

b) Earning illegal profits of 500,000,000 VND or more;

c) Causing death.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND or banned from holding a position, practicing a profession, or doing certain work for 1 year to 5 years.

Article 350. Crime of forcing others to illegally escape abroad or stay abroad

1. Anyone who coerces another person to flee abroad or stay abroad illegally, if not falling under the case specified in Article 120 of this Code, shall be punished with imprisonment from 02 years to 07 years.

2. Committing the crime in the following cases shall be punished with imprisonment from 05 years to 12 years:

a) Committing the crime 02 times or more;

b) Against from 05 people to 10 people;

c) Of a professional nature;

d) For vile motives;

dd) Dangerous recidivism.

3. Committing the crime in the following cases shall be punished with imprisonment from 12 years to 20 years:

a) For 11 people or more;

b) Causing human death.

Article 351. Crime of insulting the National Flag, National Emblem, and National Anthem

Anyone who intentionally insults the National Flag, National Emblem, or National Anthem shall be subject to a warning, non-custodial re-education for up to 03 years, or imprisonment from 06 months to 03 years.

Chapter XXIII. CRIMES RELATED TO OFFICIAL DUTIES

Article 352. Concept of crimes related to official duties

1. Crimes related to official duties are acts that infringe on the proper functioning of agencies or organizations carried out by persons holding positions while performing official duties or tasks.

2. A person holding a position is someone who is appointed, elected, contracted, or recognized through another form, may receive a salary or not, is assigned to carry out a specific task, and has certain authority while performing official duties or tasks.

Section 1. CORRUPTION OFFENSES

Article 353. Embezzlement

1. Anyone who abuses their position or authority to appropriate property they are responsible for managing, with a value from 2,000,000 VND to under 100,000,000 VND, or under 2,000,000 VND but falls into one of the following cases, shall be sentenced to imprisonment from 02 years to 07 years:

a) Has been disciplined for this act and still violates it;

b) Has been convicted of one of the offenses stipulated in Section 1 of this Chapter, has not had the conviction expunged, and still violates it.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

c) Uses cunning or dangerous methods;

c) Commit the crime two or more times;

d) Appropriates property valued from 100,000,000 VND to under 500,000,000 VND;

d) Misappropriating money or assets for the purpose of poverty alleviation; money, allowances, subsidies, benefits for people with meritorious services to the revolution; various reserve funds or types of money and property subsidized or donated for areas affected by natural disasters, epidemics, or economically extremely difficult regions;

e) Causing property damage from 1,000,000,000 to under 3,000,000,000 VND;

g) Negatively affecting the lives of officials, public servants, employees, and workers in the agency or organization.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Misappropriating property valued from 500,000,000 to under 1,000,000,000 VND;

b) Causing property damage from 3,000,000,000 to under 5,000,000,000 VND;

c) Causes a negative impact on security, order, and social safety;

d) Leading to the bankruptcy or cessation of operations of a business or other organization.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) Misappropriating property valued at 1,000,000,000 VND or more;

b) Causing property damage of 5,000,000,000 VND or more.

5. The offender may also be prohibited from holding certain positions for 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and may have part or all of their property confiscated.

6. Persons with positions and powers in non-state enterprises or organizations who embezzle assets shall be handled according to the provisions of this Article.

Article 354. The crime of receiving bribes

1. Anyone who takes advantage of their position or power, directly or through intermediaries, to receive or will receive any of the following benefits for themselves or for another person or organization to do or not do something for the benefit of or at the request of the bribing person, shall be sentenced to imprisonment from 02 to 07 years:

a) Money, assets, or other material benefits worth from 2,000,000 VND to under 100,000,000 VND, or under 2,000,000 VND but has been disciplined for this act and still violates, or has been convicted of one of the offenses specified in Section 1 of this Chapter, with the conviction not yet expunged and still violates;

b) Non-material benefits.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Organized;

b) Abuse of position, authority;

c) Bribe is money, assets, or other material benefits worth from 100,000,000 VND to under 500,000,000 VND;

d) Causing property damage from 1,000,000,000 VND to under 3,000,000,000 VND;

d) Committing the crime two or more times;

e) Clearly knowing that the bribe is state property;

g) Demanding bribes, harassment, or using deceitful tactics.

3. Committing an offense that falls under one of the following cases shall be punishable by imprisonment from 15 years to 20 years:

a) Bribe is money, assets, or other material benefits worth from 500,000,000 VND to under 1,000,000,000 VND;

b) Causing property damage from 3,000,000,000 VND to under 5,000,000,000 VND.

4. Committing a crime under one of the following cases shall be punished by 20 years of imprisonment, life imprisonment, or death:

a) The bribe consists of money, assets, or other material benefits valued at 1,000,000,000 VND or more;

b) Causing property damage of 5,000,000,000 VND or more.

5. The offender may also be prohibited from holding certain positions for 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and may have part or all of their property confiscated.

6. A person holding a position or authority in non-state enterprises or organizations who accepts a bribe shall be handled according to the provisions of this Article.

Article 355. Crime of abuse of position or authority to appropriate assets

1. Anyone who abuses their position or authority to appropriate another person's assets valued from 2,000,000 VND to under 100,000,000 VND, or less than 2,000,000 VND but falls under one of the following cases, shall be sentenced to imprisonment from 01 year to 06 years:

a) Has been disciplined for this act and still violates it;

b) Has been convicted of one of the offenses stipulated in Section 1 of this Chapter, has not had the conviction expunged, and still violates it.

2. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 6 years to 13 years:

a) Organized;

c) Uses cunning or dangerous methods;

c) Commit the crime two or more times;

d) Appropriates property valued from 100,000,000 VND to under 500,000,000 VND;

đ) Causing damage to property from 1,000,000,000 to under 3,000,000,000 VND;

e) Appropriating money or assets used for hunger alleviation or poverty reduction; money, allowances, benefits for persons with meritorious services to the revolution; various reserve funds or types of money, assets granted, donated for regions affected by natural disasters, epidemics, or especially difficult economic areas.

3. Committing an offense falling under one of the following cases shall be punishable by imprisonment from 13 years to 20 years:

a) Misappropriating property valued from 500,000,000 to under 1,000,000,000 VND;

b) Causing property damage from 3,000,000,000 to under 5,000,000,000 VND;

c) Leading to the bankruptcy or cessation of operations of another enterprise or organization;

d) Causing adverse effects on security, order, and social safety.

4. If the crime falls into one of the following cases, the penalty is 20 years of imprisonment or life imprisonment:

a) Misappropriating property valued at 1,000,000,000 VND or more;

b) Causing property damage of 5,000,000,000 VND or more.

5. The offender may also be prohibited from holding certain positions for 01 to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and may have part or all of their property confiscated.

Article 356. Crime of abusing position or authority while performing official duties

1. Anyone who, for personal gain or other personal motives, abuses their position or authority to violate official duties causing property damage from 10,000,000 VND to under 200,000,000 VND or causing damage to the interests of the State, rights, or lawful interests of organizations or individuals, shall be punishable by non-custodial reform for up to 3 years or imprisonment from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Causing property damage from 200,000,000 VND to under 1,000,000,000 VND.

3. Committing the crime causing property damage of 1,000,000,000 VND or more shall be punishable by imprisonment from 10 years to 15 years.

4. The offender is also prohibited from holding certain positions for 01 to 05 years and may be fined from 10,000,000 VND to 100,000,000 VND.

Article 357. Abuse of power while performing official duties

1. Anyone who, for personal gain or other personal motives, exceeds their authority and violates official duties causing property damage from 10,000,000 VND to under 100,000,000 VND or causing damage to the interests of the State, or the legal rights and interests of organizations or individuals, shall be imprisoned from 01 year to 07 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

3. Committing the crime causing property damage from 500,000,000 VND to under 1,500,000,000 VND shall be punished by imprisonment from 10 years to 15 years.

4. Committing the crime causing property damage of 1,500,000,000 VND or more shall be punished by imprisonment from 15 years to 20 years.

5. The offender is also prohibited from holding certain positions for 01 to 05 years and may be fined from 10,000,000 VND to 100,000,000 VND.

Article 358. Crime of abusing a position or authority to influence others for personal gain

1. Whoever abuses their position or authority, directly or through intermediaries, to demand, receive, or will receive any of the following benefits in any form to use their influence to urge a person with a position or authority to do or not do something within their responsibility or directly related to their work, or to do something not permitted, shall be sentenced to imprisonment from 01 to 06 years:

a) Money, property, or other material benefits worth from 2,000,000 VND to under 100,000,000 VND, or under 2,000,000 VND but having been disciplined for this act and still violated;

b) Non-material benefits.

2. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 6 years to 13 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Money, property, or other material benefits worth from 100,000,000 VND to under 500,000,000 VND;

d) Causing property damage from 1,000,000,000 to under 3,000,000,000 VND.

3. Committing an offense falling under one of the following cases shall be punishable by imprisonment from 13 years to 20 years:

a) Money, property, or other material benefits valued from 500,000,000 VND to under 1,000,000,000 VND;

b) Causing property damage from 3,000,000,000 VND to under 5,000,000,000 VND.

4. If the crime falls into one of the following cases, the penalty is 20 years of imprisonment or life imprisonment:

a) Money, property, or other material benefits valued at 1,000,000,000 VND or more;

b) Causing property damage of 5,000,000,000 VND or more.

5. The offender may also be prohibited from holding certain positions for 01 to 05 years and may be fined from 30,000,000 VND to 100,000,000 VND.

Article 359. Crime of forgery in official work

1. Anyone who, for personal gain or other personal motives, takes advantage of their position or authority to perform one of the following acts shall be sentenced to 01 to 05 years in prison:

a) Altering or falsifying the content of documents;

b) Producing or issuing false documents;

c) Forging the signature of a person with authority or position.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) The offender is responsible for preparing or issuing documents;

c) Producing or issuing false documents in quantities from 02 to 05 false documents.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) Making or issuing fake documents in quantities from 05 fake documents to 10 fake documents;

b) To commit a less serious or serious crime.

4. Committing a crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Making or issuing fake documents in quantities of 11 fake documents or more;

b) To commit a very serious or particularly serious crime.

5. The offender may also be prohibited from holding certain positions or performing certain jobs from 01 year to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.

Section 2. OTHER OFFENSES RELATING TO OFFICIAL POSITIONS

Article 360. Crime of negligence causing serious consequences

1. Any person holding a position of authority who, due to negligence, fails to perform or improperly performs their assigned duties, falling under one of the following cases, except as prescribed in Articles 179, 308, and 376 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 05 years:

a) Causing the death of 01 person or causing injury or health damage to 01 person with a body injury rate of 61% or more;

b) Causing injury or harm to the health of 2 people with the rate of bodily injury of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people where the total rate of bodily injury of these people is from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Causing the death of 02 people;

b) Causing injury or harm to the health of 02 people with a body injury rate of each person being 61% or more;

c) Causing injury or harm to the health of 03 or more people with the total body injury rate of these people from 122% to 200%;

d) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the death of 03 or more people;

b) Causing injury or harming the health of 03 or more people with a body injury rate of 61% or more for each person;

c) Causing injury or harm to the health of 03 or more people where the total bodily injury rate of these people is 201% or more;

d) Causing property damage of 1,500,000,000 VND or more.

4. Any person holding a position of authority who, due to negligence, fails to perform or improperly performs their assigned duties causing injury or damage to the health of one person with a body injury rate from 31% to 60%, or causing injury or damage to the health of two or more persons with a total body injury rate of 31% to 60%, except as prescribed in Articles 179, 308, and 376 of this Code, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

5. The offender is also prohibited from holding a position, practicing a profession, or performing certain jobs for a period of 01 year to 05 years.

Article 361. Intentional disclosure of work secrets; the crime of appropriating, buying, selling, or destroying confidential work documents

1. Whoever intentionally discloses work secrets or appropriates, buys, sells, or destroys confidential work documents, if not falling under the cases stipulated in Articles 110, 337, and 342 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Illegally obtaining profit of 50,000,000 VND or more;

d) Causing property damage of 100,000,000 VND or more;

d) Causing adverse effects on the operations of agencies or organizations;

e) Allowing others to use to commit acts of legal violation.

3. The offender is also prohibited from holding a position, practicing a profession, or performing certain jobs for a period of 01 year to 05 years.

Article 362. Negligent disclosure of work secrets; the crime of losing confidential work documents

1. Anyone who unintentionally discloses work secrets or loses classified work documents in any of the following cases, if not falling under the cases specified in Article 338 of this Code, shall be subject to a warning or non-custodial reform for up to 03 years:

a) Causing adverse effects on the activities of an agency or organization;

b) Causing property damage from 100,000,000 VND to under 500,000,000 VND;

c) Allowing others to use them to commit minor or serious crimes.

2. Committing the offense in any of the following cases shall be punishable by imprisonment from 03 months to 02 years:

a) Causing property damage of 500,000,000 VND or more;

b) Allowing others to use them to commit very serious or especially serious crimes.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 363. Crime of Dereliction of Duty

1. Anyone who is an official, public servant, or civil servant and intentionally abandons their work duties in any of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Causing injury or harming the health of another person with a body injury rate of 31% or more;

b) Causing property damage from 300,000,000 VND to less than 1,000,000,000 VND;

c) Has been disciplined for this behavior but still violates it.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Causing death;

b) Inducing others to desert;

c) Causing property damage of 1,000,000,000 VND or more;

d) Committing the crime under circumstances of war, natural disasters, epidemics, or in other particularly difficult social situations.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 364. Crime of bribery

1. Anyone who directly or through an intermediary gives or will give to a person with a position, authority, or to another person or organization any of the following benefits so that the person with a position or authority does or does not do something for the benefit or at the request of the briber, shall be fined from 20,000,000 VND to 200,000,000 VND, may be subject to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years:

a) Money, property, or other material benefits valued from 2,000,000 VND to less than 100,000,000 VND;

b) Non-material benefits.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Using deceitful tricks;

c) Using state property to give a bribe;

d) Taking advantage of one's position or authority;

d) Committing the crime two or more times;

e) The bribe is money, property, or other material benefits valued from 100,000,000 VND to less than 500,000,000 VND.

3. If the crime involves a bribe of money, property, or other material benefits valued from 500,000,000 VND to less than 1,000,000,000 VND, the penalty shall be imprisonment from 7 years to 12 years.

4. Committing a crime in the case of bribery involving money, property, or other material benefits worth VND 1,000,000,000 or more shall be punished with imprisonment from 12 years to 20 years.

5. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

6. Anyone who gives or intends to give a bribe to foreign officials, officials of international organizations, or persons holding positions in non-state enterprises and organizations shall also be handled according to the provisions of this Article.

7. A person who is forced to give a bribe but voluntarily reports it before being discovered shall be considered not guilty and shall be returned all property used to give the bribe. A person who gives a bribe, although not forced, but voluntarily reports it before being discovered, may be exempt from criminal liability and be returned part or all of the property used to give the bribe.

Article 365. Crime of bribery mediation

1. Anyone who brokers a bribe, where the bribe falls under one of the following cases, shall be fined from 20,000,000 VND to less than 200,000,000 VND, subject to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years:

a) Money, property, or material benefits valued from 2,000,000 VND to less than 100,000,000 VND;

b) Non-material benefits.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime in a professional manner;

c) Using cunning or deceitful methods;

d) Knowing that the bribe is state property;

dd) Abusing office or authority;

e) Committing the crime 2 or more times;

g) Bribes valued from 100,000,000 VND to less than 500,000,000 VND.

3. If the offense involves a bribe valued from 500,000,000 VND to less than 1,000,000,000 VND, the penalty is imprisonment from 5 years to 10 years.

4. If the offense involves a bribe valued at 1,000,000,000 VND or more, the penalty is imprisonment from 8 years to 15 years.

5. The offender may also be fined from 20,000,000 VND to 200,000,000 VND.

6. A bribery broker who proactively reports before being discovered may be exempted from criminal liability.

7. Anyone who brokers bribery in non-state enterprises or organizations shall also be handled in accordance with the provisions of this Article.

Article 366. Offense of exploiting influence over persons holding positions of authority for personal gain

1. Anyone who directly or through intermediaries receives any benefits in any form in one of the following cases, or has already been disciplined for this behavior but still violates, in order to use their influence to urge a person holding authority to do or not do a task within their responsibility, or to do something not permitted, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Money, property, or other material benefits worth from 2,000,000 VND to under 100,000,000 VND;

b) Non-material benefits.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Committing the crime 02 times or more;

b) Money, property, or other material benefits valued from 100,000,000 VND to under 500,000,000 VND;

c) Dangerous recidivism.

3. Committing the crime in the case where money, property, or other material benefits are valued at 500,000,000 VND or more shall be punishable by imprisonment from 5 years to 10 years.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Chapter XXIV. CRIMES INFRINGING UPON JUDICIAL ACTIVITIES

Article 367. Concept of crimes infringing upon judicial activities

Crimes infringing upon judicial activities are acts that violate the correctness of procedural activities and the enforcement of judgments.

Article 368. Crime of prosecuting an innocent person

1. A person with authority who prosecutes someone they clearly know is innocent shall be punished by imprisonment from 1 year to 5 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Prosecuting criminal responsibility for crimes infringing upon national security or other particularly serious crimes;

b) In the case of 2 to 5 people;

c) In the case of a person under 18 years old, a woman known to be pregnant, or an elderly or weak person;

d) Causing mental and behavioral disorders in the victim from 11% to 45%;

d) Leading to the wrongful conviction of an innocent person for a less serious crime or a serious crime;

e) Causing negative impacts on security, order, and social safety.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) For 06 or more people;

b) Leading to the wrongful conviction of an innocent person for a very serious crime or a particularly serious crime;

c) Causing mental disorder and behavioral disturbance to the victim of 46% or higher;

d) Causing the wrongfully prosecuted person to commit suicide.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 369. Crime of failing to prosecute a guilty person

1. A person who has authority and does not prosecute a person they clearly know is guilty shall be punished with imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Failing to prosecute a person who commits a very serious crime;

b) In the case of 2 to 5 people;

c) The person not prosecuted escapes or engages in acts that obstruct investigation, prosecution, trial, or continues to commit a less serious crime or a serious crime;

d) Leading to a situation where a person not subject to criminal liability takes revenge on the whistleblower, the person reporting a crime, the victim, or witnesses;

de) Negatively affecting security, public order, and social safety.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) In the case of 5 people or more;

b) Not prosecuting a person who commits crimes against national security or particularly serious crimes;

c) A person not prosecuted continues to commit very serious or particularly serious crimes;

d) Causing the victim to commit suicide.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 370. Crime of issuing an unlawful judgment

1. Any judge or juror who issues a judgment that they know is contrary to the law shall be punished with imprisonment from 1 year to 5 years.

2. If the offense falls into any of the following cases, the penalty shall be imprisonment from 5 years to 10 years:

a) Committing the crime 02 times or more;

b) In the case of a person under 18 years old, a pregnant woman, an elderly or weak person;

c) Wrongly convicting an innocent person of a serious or very serious crime;

d) Failing to prosecute a serious or very serious crime; a person who commits a serious or very serious crime;

d) Causing mental and behavioral disorders of the defendant, the victim, the plaintiff, the defendant in civil cases, the complainant, or the accused party from 11% to 45%;

e) Causing property damage from 500,000,000 VND to 1,000,000,000 VND;

g) Causing adverse effects on security, order, and social safety.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 10 years to 15 years:

a) Wrongfully convicting an innocent person of a particularly serious crime;

b) Failing to detect a particularly serious crime or a person who committed a particularly serious crime;

c) Causing mental and behavioral disorders of the defendant, the victim, the plaintiff, the defendant in civil cases, the complainant, or the accused party of 46% or more;

d) Leading to the defendant, the victim, the plaintiff, the defendant in civil cases, the complainant, or the accused party committing suicide;

d) Causing damage to property of 1,000,000,000 VND or more.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 371. Crime of making unlawful decisions

1. Anyone who has authority in judicial proceedings or in the execution of judgments and makes a decision that they know is unlawful, causing damage to property from 50,000,000 VND to under 200,000,000 VND, or causing damage to the legitimate rights and interests of the State, organizations, or individuals, if not falling under one of the cases prescribed in Articles 368, 369, 370, 377, and 378 of this Code, shall be subject to a non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the crime falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Committing the crime 2 times or more;

c) Against persons under 18 years old, pregnant women, or the elderly and weak;

d) Causing mental and behavioral disorders to the arrested person, the detained person, the accused, the defendant, the convicted person, the person serving a sentence, the victim, the plaintiff, the defendant, the petitioner, or the respondent from 11% to 45%;

đ) Causing property damage from 200,000,000 VND to under 1,000,000,000 VND;

e) Causing negative impacts on security, order, and social safety.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing mental and behavioral disorders to the arrested person, the detained person, the accused, the defendant, the convicted person, the person serving a sentence, the victim, the plaintiff, the defendant, the petitioner, or the respondent 46% or more;

b) Causing the arrested person, the detained person, the accused, the defendant, the convicted person, the person serving a sentence, the victim, the plaintiff, the defendant, the petitioner, or the respondent to commit suicide;

c) Causing property damage of 1,000,000,000 VND or more.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 372. Crime of forcing a person with authority in judicial activities to act contrary to the law

1. Anyone who abuses their position or authority to force a person with jurisdiction in legal proceedings or enforcement to act against the law, causing damage to the interests of the State, the lawful rights and interests of organizations or individuals, or causing property damage from 50,000,000 VND to under 200,000,000 VND, shall be sentenced to imprisonment from 06 months to 03 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Committing the crime 02 times or more;

b) Leading to an illegal judgment or decision;

c) Using force, threatening to use force, or using other dangerous, cunning methods;

d) Causing property damage from 200,000,000 VND to under 1,000,000,000 VND;

de) Negatively affecting security, public order, and social safety.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Leading to the wrongful conviction of an innocent person or the escape of a criminal;

b) Causes property damage of 1,000,000,000 VND or more.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 373. Crime of using torture

1. Anyone involved in judicial proceedings, enforcement of judgments, or the implementation of measures to send individuals to educational centers, compulsory educational institutions, or compulsory rehabilitation centers who uses torture or cruel treatment, humiliating the dignity of another person in any form, shall be sentenced to imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) Using sophisticated or cunning means;

d) In the case of persons under 18 years old, women known to be pregnant, the elderly, severely disabled persons, or persons with particularly severe disabilities;

đ) Causing injury or harm to the health of another person where the rate of bodily injury is from 11% to 60%.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing injury or harm to the health of another person where the rate of bodily injury is 61% or higher;

b) Causing the tortured person to commit suicide.

4. If the act causes the tortured person to die, the sentence shall be from 12 years to 20 years of imprisonment or life imprisonment.

5. The offender shall also be prohibited from holding certain positions from 01 year to 05 years.

Article 374. Crime of coercing confessions

1. Anyone in judicial proceedings who uses illegal means to force a person being interrogated or giving testimony to provide information related to a case or matter shall be punished with imprisonment from 06 months to 03 years.

2. If the crime falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Committing the crime 02 times or more;

b) Against 02 or more persons;

c) For persons under 18 years old, women known to be pregnant, elderly or weak people, persons with severe disabilities, or persons with particularly severe disabilities;

d) Using torture or treating the person giving testimony cruelly, humiliating their dignity;

đ) Using sophisticated, cunning methods;

e) Falsifying the results of prosecution, investigation, indictment, or trial;

g) Forcing the person giving testimony or being interrogated to provide false information.

3. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 7 years to 12 years:

a) Causing the person being coerced to commit suicide;

b) Resulting in the escape of less serious or serious criminals.

4. Committing the crime in one of the following cases shall be punished with imprisonment from 12 years to 20 years or life imprisonment:

a) Causing the death of the coerced person;

b) Resulting in the wrongful prosecution of innocent people;

c) Resulting in the escape of very serious or particularly serious criminals.

5. Offenders shall also be prohibited from holding positions or practicing their profession for a period from 01 year to 05 years.

Article 375. Crime of falsifying case files, matters

1. Investigators, procurators, judges, jurors, court clerks, other persons who have duties and powers in judicial activities, defenders, or persons protecting the rights of the parties, who add, omit, amend, swap, destroy, or damage case documents or evidence, or by other means aim to distort the content of a case or matter, shall be sentenced to imprisonment from 01 year to 05 years.

2. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 10 years:

a) Organized;

b) Leading to the case or matter being resolved incorrectly;

c) Causing damage from 500,000,000 VND to under 1,000,000,000 VND.

3. If the offense falls into any of the following cases, the penalty shall be imprisonment from 10 years to 15 years:

a) Leading to wrongful conviction of an innocent person or letting a criminal go free;

b) Causing the arrested person, the detained person, the accused, the defendant, the convicted person, the person serving a sentence, the victim, the plaintiff, the defendant, the petitioner, or the respondent to commit suicide;

c) Causing damage of 1,000,000,000 VND or more.

4. The offender may also be banned from holding certain positions or performing certain work for 01 year to 05 years.

Article 376. Crime of negligence allowing the arrested person, the person in temporary detention, a person serving a prison sentence to escape

1. Whoever is directly assigned the responsibility to manage, guard, or escort arrested persons, persons in temporary custody, detention, or persons serving a prison sentence, but fails to comply with or improperly follows regulations on management, guarding, or escorting, resulting in the person's escape, falls under one of the following cases, shall be punished with non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years:

a) Causing the case to be temporarily suspended;

b) The escaped person seeks revenge on the prosecuting officers or participants in the proceedings;

c) The escaped person continues to commit minor or serious crimes.

2. Committing the offense under one of the following cases shall be punished with imprisonment from 2 years to 7 years:

a) Causing the case to be suspended;

b) The escaped person continues to commit very serious crimes;

c) Allowing from 2 to 5 persons to escape;

d) Allowing a person who commits a very serious crime to escape;

de) Negatively affecting security, public order, and social safety.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) The fugitive continues to commit particularly serious crimes;

b) To allow 6 or more people to escape;

c) To allow a person who commits a particularly serious crime to escape.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 377. Crime of abusing position and authority to unlawfully detain or imprison people

1. Anyone who abuses their position or authority to carry out one of the following acts shall be sentenced to imprisonment from 6 months to 3 years:

a) Failing to issue a decision to release a person who is entitled to be released under the law;

b) Deciding to arrest, detain, or imprison a person without legal grounds;

c) Failing to comply with a decision to release a person who is entitled to be released under the law;

d) Carrying out the arrest, detention, or confinement of a person without an order or decision as prescribed by law, or even with an order or decision but it has not yet taken effect;

d) Failing to issue an order or decision to extend temporary detention, temporary confinement, or to change or cancel the measure of temporary detention or confinement when the period of temporary detention or confinement expires, resulting in the detained or confined person being held beyond the legal term.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Unlawfully detaining or confining from 2 to 5 people;

b) Causing the person unlawfully detained or confined to suffer health damage with a body injury rate from 31% to 60%;

c) Causing the unlawfully detained or confined person or their family to fall into a particularly difficult economic situation;

d) For persons under 18 years old, women known to be pregnant, the elderly, the weak, persons with severe disabilities or particularly severe disabilities.

3. Committing the crime in one of the following cases shall be punished with imprisonment from 5 years to 12 years:

a) Unlawfully detaining or confining 6 or more people;

b) Causing the unlawfully detained or confined person to suffer health damage with a body injury rate of 61% or more, or death;

c) Causing the detained person to commit suicide;

d) Causing the family of the detained person to be scattered.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 378. Crime of illegally releasing a person who has been arrested, is being temporarily detained, detained, or is serving a prison sentence

1. Anyone who takes advantage of their position, authority, or abuses their power to unlawfully release a person who has been arrested, is being temporarily detained, detained, or is serving a prison sentence, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Illegally releasing a person who has been arrested, is being temporarily detained, detained, or is serving a prison sentence for particularly serious crimes or especially serious crimes;

b) The person unlawfully released escapes or obstructs the investigation, prosecution, trial, or continues to commit less serious or serious crimes;

c) The person unlawfully released takes revenge on the person conducting the proceedings or participants in the proceedings;

d) Illegally pardoning from 02 to 05 people.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Illegally pardoning 06 or more people;

b) The person being illegally pardoned commits a very serious crime or an exceptionally serious crime.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 379. Crime of not enforcing a judgment

1. A person with authority who intentionally does not issue a decision to enforce a judgment or does not enforce a court judgment or decision in any of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Has been disciplined for this act and still violates it;

b) Leading to the convicted person, the person required to execute the sentence escaping;

c) Leading to the expiration of the statute of limitations for enforcement;

d) Leading to the convicted person, the person required to execute the sentence, or the person obligated to enforce the sentence to dissipate assets and failing to enforce the obligation to execute the sentence with the amount from 50,000,000 VND to under 200,000,000 VND.

2. If the crime falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Committing the crime 02 times or more;

b) Leading the convicted person, the person serving the sentence to continue committing a less serious crime or a serious crime;

c) Leading the convicted person, the person serving the sentence, the person obligated to serve the sentence to dispose of assets and fail to fulfill the obligation to serve the sentence with an amount from 200,000,000 VND to under 1,000,000,000 VND.

3. Committing a crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) Leading the convicted person, the person serving the sentence to continue committing a very serious crime or an especially serious crime;

b) Leads to the convicted person, the person required to execute the sentence, or the person obligated to execute the sentence dissipating assets and being unable to fulfill the execution obligation with an amount of 1,000,000,000 VND or more.

4. The offender is also prohibited from holding certain positions for a period from 01 year to 05 years.

Article 380. Crime of not complying with the judgment

1. Anyone who has the conditions but does not comply with a judgment or decision of the Court that has obtained legal validity, even though coercive measures have been applied as prescribed by law or has been administratively sanctioned for this act but continues to violate, shall be sentenced to imprisonment from 03 months to 02 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Resisting the enforcement officer or the person performing the official duty;

b) Use sophisticated, cunning methods;

c) Dissipating assets.

3. The offender may be fined from 5,000,000 VND to 50,000,000 VND.

Article 381. Crime of obstructing the execution of judgment

1. Anyone who exploits their position or authority to intentionally obstruct the execution of a judgment in one of the following cases shall be subject to correctional education without detention for up to 03 years or imprisonment from 06 months to 03 years:

a) Leading to the convicted person, the person who must serve the sentence, to escape;

b) Leading to the expiration of the statute of limitations for executing the sentence;

c) Leading to the convicted person, the person who must serve the sentence, or the person obliged to execute the sentence to dissipate assets and be unable to fulfill the obligation to execute the sentence with an amount from 50,000,000 VND to under 200,000,000 VND;

d) Causing damage from 50,000,000 VND to under 200,000,000 VND.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Committing the crime 02 times or more;

b) Leading to the convicted person, the person who must serve the sentence, to continue committing the crime;

c) Leading to the convicted person, the person who must serve the sentence, or the person obliged to execute the sentence to dissipate assets and be unable to fulfill the obligation to execute the sentence with an amount of 200,000,000 VND or more;

d) Causing damage of 200,000,000 VND or more.

3. The offender is also prohibited from holding certain positions from 1 year to 5 years.

Article 382. Crime of providing false documents or making false declarations

1. Any witness, appraiser, property valuer, interpreter, translator, or defense lawyer who concludes, translates, testifies falsely, or provides documents that they know to be false shall be punished with a warning, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Organized;

b) Leading to the wrongful resolution of a case or matter.

3. Committing the crime under one of the following circumstances shall be punishable by imprisonment from 03 to 07 years:

a) Committing the crime 02 times or more;

b) Leading to the conviction of an innocent person or the acquittal of a criminal.

4. The offender may also be prohibited from holding certain positions, practicing a profession, or performing certain work for 1 year to 5 years.

Article 383. Crime of refusing to testify, refusing to conclude appraisals or property valuations, or refusing to provide documents

1. A witness who does not fall under the cases specified in Clause 2, Article 19 of this Code, an expert, an asset appraiser, or a translator who refuses to declare, evades concluding an appraisal, asset valuation, or asset assessment, or refuses to provide documents without a justified reason, shall be subject to a warning, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year.

2. The offender may also be banned from holding certain positions, prohibited from practicing a profession or performing certain work for 01 to 05 years.

Article 384. Crime of bribing or coercing others in declaration or provision of documents

1. Anyone who bribes or coerces a witness, the victim, or a party involved in criminal, administrative, civil, economic, or labor cases to make false statements, provide false documents, or fail to provide statements or documents; or who bribes or coerces an expert, an asset appraiser to make false conclusions, an interpreter, or a translator to distort translation, shall be subject to reform without detention for up to 03 years or imprisonment from 03 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Using force, threatening to use force, or using other dangerous methods;

b) Exploiting a position or authority;

c) Leading to the resolution of the case or matter being incorrect.

Article 385. Crime of violating the sealing, property listing, or freezing of accounts

1. Any person assigned to hold or manage property that has been seized, sealed, or evidence that has been sealed, or an account that has been frozen, who commits one of the following acts, shall be subject to reform without detention for up to 02 years or imprisonment from 03 months to 02 years:

a) Destroying the seal or lifting the account freeze without the decision of the competent authority;

b) Using, transferring, swapping, concealing, or destroying seized property.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Causing the resolution of a case or matter to be distorted;

b) Causing the suspect, the accused, the convicted person, the person required to serve a sentence, or the person obligated to enforce judgment to dispose of property and failing to fulfill the enforcement obligation with an amount of 100,000,000 VND or more.

3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain work for 1 to 5 years.

Article 386. Crime of escaping from a place of detention, custody, or escaping while being escorted or tried

1. Anyone who is being temporarily detained, held in custody, escorted, tried, or serving a prison sentence and escapes shall be punished with imprisonment from 06 months to 03 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Organized;

b) Using force against the guard or escort.

Article 387. Crime of releasing a person who is arrested, temporarily detained, in custody, under escort, tried, or serving a prison sentence

1. Anyone who releases a person who is arrested, temporarily detained, in custody, under escort, tried, or serving a prison sentence, if not falling under the case prescribed in Article 119 of this Code, shall be punished with imprisonment from 02 years to 07 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 05 years to 12 years:

a) Organized;

b) Exploiting a position or authority;

c) Using force against the guard or escort;

d) Releasing a person convicted of crimes against national security or a person sentenced to death.

3. The offender may also be prohibited from holding certain positions for from 01 to 05 years.

Article 388. Crime of violating regulations on detention

1. Anyone who commits one of the following acts, violating the provisions of the law on detention, and has been disciplined, administratively sanctioned for this act, or has been convicted of this crime, and whose criminal record has not been expunged, and still violates the law, unless it falls under one of the cases specified in Articles 119, 170, 252, 253, 254, and 255 of this Code, shall be sentenced to imprisonment from 06 months to 03 years:

a) Causing a disturbance or resisting the orders of the person in authority in detention management;

b) Destroying or intentionally damaging property;

c) Extorting property;

d) Introducing, storing, appropriating, or organizing the use of narcotics, addictive drugs, or psychotropic substances;

e) Introducing, storing, or using personal communication devices.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Organized;

b) Exploiting a position or authority;

c) Using sophisticated or cunning means;

d) Dangerous recidivism.

3. The offender may also be subject to a residence ban from 01 year to 03 years, and a prohibition from holding office from 01 year to 03 years.

Article 389. Crime of concealing a crime

1. Anyone who, without prior promise, conceals any of the crimes prescribed in the following articles, if not falling under the case provided in Clause 2, Article 18 of this Code, shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 5 years:

a) Articles 108 to 121 on crimes against national security;

b) Article 123 (murder); Article 141, Clauses 2, 3, and 4 (rape); Article 142 (rape of a person under 16 years old); Article 144 (coercion from 13 years old to under 16 years old); Article 146, Clauses 2 and 3 (indecency against a person under 16 years old); Article 150, Clauses 2 and 3 (human trafficking);

c) Article 151 (trafficking of a person under 16 years old); Article 152 (abduction of a child under 1 year old); Article 153 (appropriation of a person under 16 years old); Article 154 (buying, selling, or appropriating human organs or body parts);

d) Article 168 (theft); Article 169 (kidnapping for the purpose of appropriation of property); Article 173, clauses 2, 3, and 4 (theft of property); Article 174, clauses 2, 3, and 4 (fraudulent appropriation of property); Article 175, clauses 2, 3, and 4 (abuse of trust to appropriate property); Article 178, clauses 2, 3, and 4 (destruction or intentional damage of property);

d) Article 188, clauses 3 and 4 (smuggling); Article 189, clause 3 (illegal transportation of goods, currency across the border); Article 190, clauses 2 and 3 (production and trading of banned goods); Article 191, clauses 2 and 3 (possession and transportation of banned goods); Article 192, clauses 2 and 3 (production and trading of counterfeit goods); Article 193 (production and trading of counterfeit goods as food, food additives); Article 194 (production and trading of counterfeit goods as medicine for treatment and disease prevention); Article 195, clauses 2 and 3 (production of counterfeit goods as animal feed, fertilizer, veterinary medicine, plant protection drugs, plant and animal breeds); Article 196, clauses 2 and 3 (speculation); Article 205, clauses 3 and 4 (illegal fund establishment); Article 206, clauses 2 and 3 (violations of regulations in the operations of credit institutions, foreign bank branches); Article 207 (crime of manufacturing, storing, transporting, circulating counterfeit money); Article 208 (crime of manufacturing, storing, transporting, circulating counterfeit transfer instruments, other counterfeit valuable papers); Article 219, clauses 2 and 3 (crime of violating regulations on the management and use of state assets causing loss and waste); Article 220, clauses 2 and 3 (crime of violating state regulations on the management and use of public investment capital causing serious consequences); Article 221, clauses 2 and 3 (crime of violating state accounting regulations causing serious consequences); Article 222, clauses 2 and 3 (crime of violating bidding regulations causing serious consequences); Article 223, clauses 2 and 3 (crime of collusion, covering for taxpayers causing serious consequences); Article 224, clauses 2 and 3 (crime of violating regulations on public construction investment causing serious consequences); Article 243, clauses 2 and 3 (crime of forest destruction);

e) Article 248 (crime of illegally producing narcotic substances); Article 249 (crime of illegally storing narcotic substances); Article 250 (crime of illegally transporting narcotic substances); Article 251 (crime of illegally trading narcotic substances); Article 252 (crime of appropriating narcotic substances); Article 253 (crime of storing, transporting, trading, or appropriating precursor substances used for illegal narcotic production); Article 254, Clause 2 (crime of producing, storing, transporting, or trading equipment and tools used for producing or using narcotic substances illegally); Article 255 (crime of organizing illegal use of narcotic substances); Article 256 (crime of harboring the illegal use of narcotic substances); Article 257 (crime of forcing others to use narcotic substances illegally); Article 258 (crime of inducing others to use narcotic substances illegally); Article 259, Clause 2 (crime of violating regulations on the management and use of narcotic substances, precursor chemicals, narcotic drugs, and psychotropic drugs).

g) Article 265, clauses 2, 3, and 4 (the crime of organizing illegal racing); Article 282 (the crime of hijacking an aircraft or ship); Article 299 (the crime of manufacturing, storing, transporting, using, illegally trading, or appropriating military weapons, military technical equipment); Article 299 (the crime of terrorism); Article 301 (the crime of kidnapping hostages); Article 302 (the crime of piracy); Article 303 (the crime of destroying works, facilities, important means related to national security); Article 304 (the crime of manufacturing, storing, transporting, using, illegally trading, or appropriating military weapons, military technical equipment); Article 305, clauses 2, 3, and 4 (the crime of manufacturing, storing, transporting, using, illegally trading, or appropriating explosives); Article 309, clauses 2, 3, and 4 (the crime of producing, storing, transporting, using, disseminating, illegally trading, or appropriating radioactive substances, nuclear materials); Article 311, Clauses 2, 3, and 4 (the crime of producing, storing, transporting, using, or illegally buying and selling flammable or poisonous substances);

h) Article 329, Clauses 2 and 3 (crime of purchasing sexual services from a person under 18 years old);

i) Article 353, Clauses 2, 3, and 4 (crime of embezzlement of property); Article 354, Clauses 2, 3, and 4 (crime of accepting bribes); Article 355, Clauses 2, 3, and 4 (crime of abusing position or authority to appropriate property); Article 356, Clauses 2 and 3 (crime of abusing position or authority while performing official duties); Article 357, Clauses 2 and 3 (crime of abusing power while performing official duties); Article 358, Clauses 2, 3, and 4 (crime of abusing position or authority to influence others for personal gain); Article 359, Clauses 2, 3, and 4 (crime of forgery in official work); Article 364, Clauses 2, 3, and 4 (crime of offering bribes); Article 365, Clauses 2, 3, and 4 (crime of acting as a bribe broker);

k) Article 373, Clauses 3 and 4 (crime of using torture); Article 374, Clauses 3 and 4 (crime of coercion); Article 386, Clause 2 (crime of escaping from detention, custody, or during escort or trial);

l) Provisions from Article 421 to Article 425 on the crimes of sabotage against peace, crimes against humanity, and war crimes.

2. Committing a crime in the case of abusing one's position or authority to obstruct the detection of a crime or having other acts of covering up for the offender shall be punishable by imprisonment from 2 years to 7 years.

Article 390. Crime of failing to report a crime

1. Anyone who knows clearly that one of the crimes stipulated in Article 389 of this Code is being prepared, is being committed, or has been committed but does not report it, if not falling under the case specified in Clause 2, Article 19 of this Code, shall be subject to a warning, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

2. A person who does not report may be exempted from criminal liability or punishment if they have taken action to prevent the offender or limit the harm of the crime.

Article 391. Crime of disturbing court order

1. Any person at a court session who insults, seriously offends the honor and dignity of members of the adjudicating council, other persons present at the court session, or engages in acts of destroying property shall be subject to a fine from VND 10,000,000 to VND 100,000,000, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year.

2. If the crime falls under one of the following cases, the offender shall be imprisoned for 1 year to 3 years:

a) Causing a disturbance in the court leading to the suspension of the session;

b) Assaulting members of the adjudicating council.

Chapter XXV. OFFENSES VIOLATING THE DUTIES AND RESPONSIBILITIES OF MILITARY PERSONNEL

Chapter XXV. OFFENSES VIOLATING THE DUTIES AND RESPONSIBILITIES OF MILITARY PERSONNEL AND THE RESPONSIBILITIES OF THOSE AFFILIATED WITH THE MILITARY IN COMBAT AND IN SERVICE OF COMBAT

IN COMBAT, SERVING IN COMBAT

Article 392. Persons liable for criminal responsibility for offenses violating the duties and responsibilities of military personnel:

1. Active-duty military personnel, defense workers, and public officials.

2. Reserve military personnel during the period of training mobilization.

3. Militias and self-defense forces during the period of attachment to the army in combat, serving in combat.

4. Citizens are conscripted to serve in the army.

Article 393. Crime of issuing unlawful orders

1. Anyone who abuses their position or authority to issue unlawful orders causing serious consequences shall be sentenced to non-custodial reform for up to 3 years or imprisonment from 6 months to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) In combat;

b) In a war zone;

c) In performing rescue and relief tasks;

d) In an emergency situation;

d) Causing very serious consequences.

3. Committing a crime causing particularly serious consequences or in another particularly serious case shall be punished by imprisonment from 7 years to 15 years.

Article 394. Crime of disobeying orders

1. Anyone who refuses to comply with or intentionally fails to carry out the order of a competent authority shall be punished by imprisonment from 6 months to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Being a commander or officer;

b) Inciting others to commit a crime;

c) Using force;

d) Causing serious consequences.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 07 years to 15 years:

a) In combat;

b) In a war zone;

c) In performing rescue and relief tasks;

d) In an emergency situation;

d) Causing very serious consequences.

4. Committing a crime causing particularly serious consequences shall be punished by imprisonment from 12 years to 20 years or life imprisonment.

Article 395. Crime of not strictly executing orders

1. Anyone who executes the order of a competent authority in a negligent, delayed, or discretionary manner causing serious consequences shall be punished by non-custodial reform up to 3 years or imprisonment from 6 months to 3 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) In combat;

b) In a war zone;

c) In performing rescue and relief tasks;

d) In an emergency situation;

d) Causing very serious or particularly serious consequences.

Article 396. Crime of obstructing comrades in performing duties

1. Anyone who obstructs a comrade from performing duties leading to that person being unable to perform or performing incompletely the assigned duties, shall be punished with non-custodial reform for up to 03 years or imprisonment from 03 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) Inciting others to commit a crime;

c) Using force;

d) Causing serious or very serious consequences.

3. Committing the crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years:

a) In combat;

b) In a war zone;

c) In performing rescue and relief tasks;

d) In an emergency situation;

dd) Causing particularly serious consequences.

Article 397. Crime of humiliating comrades

1. Anyone in a work relationship who seriously insults the dignity or honor of a comrade, shall be punished with non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing the crime in one of the following cases shall be punished by imprisonment from 02 years to 05 years:

a) Being a commander or officer;

b) For commanders or superiors; c) Due to official duties of the victim; d) In an area with armed conflict;

d) Committing the crime two or more times;

e) Involving two or more people;

g) Causing mental and behavioral disorders in the victim of 46% or more;

h) Making the victim commit suicide.

Article 398. Crime of assaulting a comrade

1. Anyone in a work relationship who intentionally causes injury or harms the health of a teammate, and which does not fall under the cases specified in Article 135 of this Code, shall be punished with non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) For commanders or superiors;

c) Due to the victim's official duties;

d) In areas with armed conflict;

d) Causing serious, very serious, or especially serious consequences.

Article 399. Crime of surrendering to the enemy

1. Anyone who surrenders to the enemy shall be sentenced to imprisonment from 03 years to 10 years.

2. Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 7 years to 15 years:

a) Being a commander or officer;

b) Surrendering weapons, military technical means to the enemy;

c) Handing over important documents or disclosing military secrets;

d) Inciting others to commit crimes;

d) Cause serious or very serious consequences.

3. Committing a crime under one of the following circumstances shall be punishable by imprisonment from 12 years to 20 years or life imprisonment:

a) Hand over to the enemy state secrets, documents, or disclose state secrets;

b) Cause particularly serious consequences.

Article 400. Crime of disclosing or voluntarily working for the enemy when captured as a prisoner of war

1. Anyone who, when captured by the enemy as a prisoner of war, discloses military secrets or voluntarily works for the enemy, shall be punished with imprisonment from 01 to 07 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Being a commander or officer;

b) Treat other prisoners cruelly;

c) Induce others to disclose or work for the enemy;

d) Causing serious or very serious consequences.

3. Committing the crime under one of the following cases shall be punished with imprisonment from 12 years to 20 years:

a) Hand over to the enemy state secrets, documents, or disclose state secrets;

b) Cause particularly serious consequences.

Article 401. Crime of abandoning a combat position or failing to perform duties in combat

1. Anyone who arbitrarily abandons their combat position or fails to perform duties in combat shall be punished with imprisonment from 2 years to 7 years.

2. Committing the crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Being a commander or officer;

b) Abandoning weapons, military technical equipment, or secret military documents;

c) Inciting others to commit the crime;

d) Causing serious or very serious consequences.

3. Committing the crime causing particularly serious consequences shall be punished with imprisonment from 10 years to 20 years.

Article 402. Crime of desertion

1. Anyone who abandons the military ranks to evade their duty during wartime or has been disciplined for such behavior but still violates it or causes serious consequences, shall be subject to non-custodial re-education for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) Inciting others to commit a crime;

c) Carrying, discarding weapons, military technical equipment, or classified military documents;

d) Causing very serious consequences.

3. Committing the crime under any of the following circumstances shall be punished with imprisonment from 05 years to 12 years:

a) In combat;

b) In a war zone;

c) While performing rescue tasks;

d) In an emergency situation;

dd) Causing particularly serious consequences.

Article 403. Crime of evading duty

1. Anyone who self-inflicts injury, harms their own health, or uses other fraudulent means to evade duty, shall be subject to non-custodial re-education for up to 02 years or imprisonment from 03 months to 02 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) Inciting others to commit a crime;

c) During wartime;

d) While performing rescue tasks;

dd) In an emergency situation;

e) Causing serious consequences.

3. Committing a crime that causes very serious or particularly serious consequences shall be punishable by imprisonment from 5 to 10 years.

Article 404. Intentional disclosure of military work secrets

1. Anyone who intentionally reveals military work secrets, if not covered by one of the cases specified in Articles 110, 337, and 361 of this Code, shall be punished with imprisonment from 6 months to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Being a commander or officer;

b) In a war zone;

c) In combat;

d) Causing serious, very serious, or especially serious consequences.

Article 405. Crime of appropriating, trading, or destroying military work secret documents

1. Anyone who appropriates, trades, or destroys military work secret documents, if not covered by one of the cases specified in Articles 110, 337, and 361 of this Code, shall be punished with imprisonment from 6 months to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Being a commander or officer;

b) In a war zone;

c) In combat;

d) Causing serious, very serious, or especially serious consequences.

Article 406. Crime of unintentionally revealing military work secrets

1. Anyone who unintentionally reveals military work secrets, if not covered by one of the cases specified in Articles 338 and 362 of this Code, shall be punished with non-custodial re-education for up to 2 years or imprisonment from 3 months to 2 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Being a commander or officer;

b) In a war zone;

c) In combat;

d) Causing serious, very serious, or especially serious consequences.

Article 407. Crime of losing military secret documents

1. Anyone who loses military secret documents, if not belonging to one of the cases prescribed in Articles 338 and 362 of this Code, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 1 year to 5 years:

a) Being a commander or officer;

b) In a war zone;

c) In combat;

d) Causing serious, very serious, or especially serious consequences.

Article 408. Crime of false reporting

1. Anyone who intentionally reports falsely in military activities causing serious consequences shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) In combat;

b) In a war zone;

c) In a state of emergency;

d) Causing very serious or especially serious consequences.

Article 409. Crime of violating regulations on duty, combat readiness, and command duty

1. Anyone who does not strictly comply with the regime of duty, combat readiness, or command duty causing serious consequences shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) In combat;

b) In a war zone;

c) While performing rescue tasks;

d) In an emergency situation;

d) Causing very serious or particularly serious consequences.

Article 410. Crime of violating regulations on protection

1. Anyone who does not strictly comply with the regulations on patrol, guard, escort, or convoy protection and falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 05 years:

a) Causing bodily injury to the person being protected or to the convoy;

b) Damaging technical equipment or military devices;

c) Causing property damage ranging from 100,000,000 VND to 500,000,000 VND;

d) Causing serious consequences.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

d) Causing the death of the person being protected or of the convoy;

e) Losing technical equipment or military devices;

c) In combat;

d) In areas with armed conflict;

f) Inducing others to commit a crime;

g) Causing very serious or particularly serious consequences.

Article 411. Crime of violating regulations on ensuring safety in combat or training

1. Anyone who does not strictly comply with the safety regulations in combat or training and causes serious consequences, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years.

2. Committing a crime that causes very serious or exceptionally serious consequences shall be punished with imprisonment from 03 years to 10 years.

Article 412. Crime of violating regulations on the use of military weapons and military technical equipment

1. Anyone who violates regulations on the use of military weapons and military technical equipment causing serious consequences shall be sentenced to non-custodial reform for up to 03 years or imprisonment from 06 months to 05 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) In combat;

b) In a war zone;

c) Causing very serious or exceptionally serious consequences.

Article 413. Crime of destroying or intentionally damaging military weapons and military technical equipment

1. Anyone who destroys or intentionally damages military weapons, military technical equipment, if not falling under one of the cases prescribed in Articles 114 and 303 of this Code, shall be subject to imprisonment from 2 years to 7 years.

2. Committing the crime in one of the following cases shall be subject to imprisonment from 7 years to 12 years:

a) In combat;

b) In a war zone;

c) Inciting others to commit the crime;

d) Causing serious consequences.

3. Committing the crime causing very serious or particularly serious consequences shall be subject to imprisonment from 12 years to 20 years or life imprisonment.

Article 414. Crime of losing or negligently damaging military weapons, military technical means

1. Anyone entrusted with managing, equipped with military weapons, or military technical equipment who loses or negligently damages them causing serious consequences shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 5 years.

2. Committing the crime causing very serious or particularly serious consequences shall be subject to imprisonment from 3 years to 7 years.

Article 415. Crime of harassing the people

1. Anyone who harasses the people, has already been disciplined for this behavior, but still violates or causes serious consequences, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) Inciting others to commit a crime;

c) In areas of armed conflict;

d) In areas where a state of emergency has been declared;

d) Causing very serious or particularly serious consequences.

Article 416. Crime of abusing military needs while performing duties

1. Anyone who, while performing duties, exceeds the necessary scope of military needs causing property damage from 100,000,000 VND to less than 500,000,000 VND of the State, organizations, or individuals, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. Committing the crime causing property damage of 500,000,000 VND or more shall be punished with imprisonment from 03 years to 07 years.

Article 417. Crime of intentionally abandoning wounded soldiers, martyrs, or failing to care for and treat wounded soldiers

1. Any person who is responsible and intentionally abandons wounded soldiers or martyrs on the battlefield, or does not take care of or treat the wounded soldiers, resulting in the inability to find the wounded or deceased soldiers or causing the wounded soldiers to die, shall be subject to non-custodial reform up to 3 years or imprisonment from 6 months to 5 years.

2. Committing the crime under one of the following circumstances shall be punished with imprisonment from 03 years to 10 years:

a) Being a commander or officer;

b) In the case of 2 or more wounded soldiers or 2 or more martyrs.

Article 418. Crime of embezzling or destroying the personal belongings of martyrs

1. Any person who embezzles or destroys the personal belongings of martyrs shall be subject to non-custodial reform up to 3 years or imprisonment from 6 months to 3 years.

2. If the offense falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:

a) Being a commander or officer;

b) Embezzling or destroying the personal belongings of 2 or more martyrs.

Article 419. Crime of embezzling or destroying war trophies

1. Any person who, during combat or while clearing the battlefield, embezzles or destroys war trophies shall be subject to non-custodial reform up to 3 years or imprisonment from 6 months to 5 years.

2. If the crime falls into one of the following cases, the offender shall be punished with imprisonment from 3 years to 7 years:

a) Being a commander or officer;

b) War trophies valued from 100,000,000 VND to under 500,000,000 VND;

c) Negatively affecting the reputation of the military;

d) Spoils of war with military value;

d) Cause serious or very serious consequences.

3. Committing a crime under one of the following cases shall be punishable by imprisonment from 5 years to 10 years.

a) Spoils of war worth 500,000,000 VND or more;

b) Spoils of war with special military value;

c) Causing particularly serious consequences.

Article 420. Crime of abusing prisoners of war, surrendered soldiers

Anyone who abuses prisoners of war or surrendered soldiers shall be punished with non-custodial reform for up to 01 year or imprisonment from 03 months to 02 years.

Chapter XXVI. CRIMES OF DESTROYING PEACE,

AGAINST HUMANITY AND WAR CRIMES

Article 421. Crime of sabotaging peace, causing an aggressive war

1. Anyone who propagandizes, instigates an aggressive war, or prepares, conducts, or participates in an aggressive war aimed against the independence, sovereignty, and territorial integrity of a country or another independent, sovereign territory shall be punished with imprisonment from 12 years to 20 years, life imprisonment, or the death penalty.

2. Committing the crime under coercion or by carrying out orders from a superior shall be punished with imprisonment from 10 years to 20 years.

Article 422. Crime Against Humanity

1. Anyone in peacetime or during war who carries out acts of mass destruction of the population of an area, destroys livelihoods, sabotages the cultural and spiritual life of a nation or an independent, sovereign territory, disrupts the foundation of a society in order to sabotage that society, or commits other acts of genocide or acts of extermination, environmental destruction, shall be punished with imprisonment from 10 to 20 years, life imprisonment, or the death penalty.

2. Committing the crime under coercion or by carrying out orders from a superior shall be punished with imprisonment from 10 years to 20 years.

Article 423. War crimes

1. Anyone who, during wartime, orders or directly carries out the killing of civilians, the wounded, or prisoners, the looting of property, the destruction of residential areas, the use of prohibited means or methods of warfare, or commits other acts that seriously violate international law or international treaties that the Socialist Republic of Vietnam has signed or participated in, shall be punished with imprisonment from 10 to 20 years, life imprisonment, or the death penalty.

2. Committing the crime under coercion or by carrying out orders from a superior shall be punished with imprisonment from 10 years to 20 years.

Article 424. Crime of recruiting, training, or using mercenaries

Anyone who recruits, trains, or uses mercenaries to act against a country or an independent, sovereign territory shall be punished with imprisonment from 10 to 20 years or life imprisonment.

Article 425. Crime of being a mercenary

Anyone who acts as a mercenary against a country or an independent, sovereign territory shall be punished with imprisonment from 5 to 15 years.

Part Three

IMPLEMENTING PROVISIONS

Article 426. Effectiveness of enforcement

This Code takes effect from July 1, 2016.

Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 amending and supplementing a number of provisions of the Criminal Code shall cease to be effective from the date this Code takes effect.

This Code was approved by the 13th National Assembly of the Socialist Republic of Vietnam at its 10th session on November 27, 2015./.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Nguyen Sinh Hung