Vietnam: In 2024, What is the age eligible for criminal liability? Is a person suffering criminal incapacity eligible for criminal liability?
What is the age eligible for criminal liability in Vietnam?
Before knowing the age eligible for criminal liability, it is necessary to understand clearly the basis of criminal liability:
- No one who commits a criminal offence that is not regulated by the Criminal Code 2015 has to incur criminal liability.
- No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal liability.
Thus, individuals and corporate legal entities incur criminal liability when committing offences according to the provisions of the Criminal Code.
So, what is the age eligible for criminal liability in Vietnam?
Under Article 12 of the 2015 Criminal Code amended by Clause 3, Article 1 of the 2017 Law on amendments to the Criminal Code, the age eligible for criminal liability is stipulated as follows:
- A person from 16 years of age and above shall bear criminal liability for every crime, except for those otherwise prescribed by the 2015 Criminal Code.
- A person from 14 years of age to under 16 years of age shall bear criminal liability for very serious crimes and extremely serious crimes. To be specific:
+ Murder (Article 123)
+ Deliberate infliction of bodily harm upon another person (Article 134)
+ Rape (Article 141)
+ Rape of a person aged under 16 (Article 142)
+ Sexual abuse (Article 143)
+ Sexual abuse of a person aged from 13 to under 16 (Article 144)
+ Human trafficking (Article 150)
+ Trafficking of a person under 16 (Article 151)
+ Robbery (Article 168)
+ Kidnapping for ransom (Article 169)
+ Extortion (Article 170)
+ Snatching (Article 171)
+ Theft of property (Article 173)
+ Deliberate destruction of property (Article 178)
+ Illegal manufacturing of narcotic substances (Article 248)
+ Illegal possession of narcotic substances (Article 249)
+ Illegal transport of narcotic substances (Article 250)
+ Illegal deal in narcotic substances (Article 251)
+ Appropriation of narcotic substances (Article 252)
+ Organizing illegal street races (Article 265)
+ Illegal street racing (Article 266)
+ Spreading software programs harmful for computer networks, telecommunications networks or electronic devices (Article 286)
+ Obstruction or disturbance of computer networks, telecommunications networks or electronic devices (Article 287)
+ Illegal infiltration into the computer network, telecommunications network or electronic device of another person (Article 289)
+ Appropriation of property using a computer network, telecommunications network or electronic device (Article 290)
+ Terrorism (Article 299)
+ Destruction of work, facility, equipment important for national security (Article 303)
+ Illegal manufacture, possession, transport, use or appropriation of military weapons or devices (Article 304).
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Is a person suffering criminal incapacity eligible for criminal liability in Vietnam?
Under Article 21 of the 2015 Criminal Code, a person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal liability.
Thus, a person suffering criminal incapacity is not eligible for criminal liability in Vietnam.
How to distinguish between exemption from criminal liability and exemption from punishment in Vietnam?
The exemption from criminal liability and exemption from punishment are specified in Article 29 and Article 59 of the 2015 Criminal Code as follows:
- Basis for exemption from criminal liability:
Basis for exemption from criminal liability
1. A criminal offender shall be exempt from criminal liability on one of the following bases:
a) A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;
b) A general amnesty is granted.
2. A criminal offender might be exempt from criminal liability on one of the following bases:
a) The situation is changed during the process of investigation, prosecution or trial and accordingly, the offender is no longer dangerous to society;
b) The offender has a fatal disease during the process of investigation, prosecution or trial and no longer poses a threat to society;
c) The offender confesses his/her crime, contributes to the crime discovery and investigation; minimizes the damage inflicted by his/her crime, have made reparation or special contributions that are recognized by the State and society.
3. The person who involuntarily commits a less serious crime or a serious crime and causes damage to life, health, honor or property of others will be exempt from criminal liability if the aggrieved person or his/he representative voluntarily seeks reconciliation and requests exemption from criminal liability
- Exemption from punishment:
Exemption from punishment
The offender might be exempt from punishment in the circumstances specified in Clause 1 and Clause 2 Article 54 hereof, provided he/she deserves the leniency but not to a degree eligible for exemption from criminal liability.
Thus, exemption from criminal liability is failure to force an offender criminally to be liable for his/her offense and exemption from punishment is failure to force a convicted person to be liable for his/her offense.
The persons eligible for exemption from criminal liability may be a person who has been convicted or has not been convicted. A person who has been convicted by a legally enforceable sentence shall be exempted from punishment.
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