Crime of kidnapping for ransom in Vietnam under Article 169 of the Penal Code 2015

Crime of kidnapping for ransom in Vietnam under Article 169 of the Penal Code 2015 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Crime of kidnapping for ransom in Vietnam under Article 169 of the Penal Code 2015

According to Article 169 of the Penal Code 2015 (amended 2017), the crime of kidnapping for ransom in Vietnam is as follows:

* Frame 1: Any person who takes another person hostage for ransom shall face a penalty of 02 - 07 years' imprisonment.

* Frame 2: This offence committed in any of the following circumstances carries a penalty of 05 – 12 years' imprisonment:

- The offence is committed by an organized group;

- The offence is committed in a professional manner;

- The offender uses a dangerous weapon, device, or other dangerous methods to commit the offence;

- The offence is made against a person under 16;

- The offence is committed against more than one person;

- The ransom demanded is from VND 50,000,000 to under VND 200,000,000;

- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 11% - 30%;

- The offence has a negative impacts on social safety, order, and security;

- Dangerous recidivism.

* Frame 3: This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

- The ransom demanded is assessed at from VND 200,000,000 to under VND 500,000,000;

- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

* Frame 4: This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

- The ransom demanded is ≥ VND 500,000,000;

- The offence results in the death of a person;

- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%.

* Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

* The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.

2. Aggravating factors in Vietnam

Aggravating factors in Vietnam under Article 52 of the Penal Code 2015 (amended 2017) are as follows:

- The following circumstances are considered aggravating factors:

+ Organized crime;

+ The crime is committed in a professional manner;

+ The offender abuses his/her position or power to commit the crime;

+ The crime is of a gangster-like nature;

+ The crime is committed by despicable motives;

+ The offender is determined to commit the crime to the end;

+ The offence has been committed more than once;

+ Recidivism or dangerous recidivism;

+ The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;

+ The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

+ The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;

+ The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;

+ The offender uses a trick or instrument capable of harming many people to commit the crime;

+ The offender incites a person aged under 18 to commit the crime;

+ The offender has deceitful or violent actions to conceal the crime.

- Circumstances defined by the Penal Code 2015 as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.

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