What are penalties for deliberate infliction of bodily harm upon another under the current law in Vietnam?

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• What is deliberate infliction in Vietnam?
• Penalties for deliberate infliction of bodily harm upon another person in Vietnam
• Penalties for deliberate infliction of bodily harm upon others under provocation in Vietnam

What is deliberate infliction in Vietnam?

Deliberate infliction is the act of intentionally causing bodily harm to another person and causing harm to the health of another person. Deliberate infliction is considered serious and dangerous to society because the subject will perform the act with direct intentional error. This act seriously infringes on the right to respect and protect the health of others.

Penalties for deliberate infliction of bodily harm upon another person in Vietnam

Pursuant to Article 134 of the Penal Code 2015 (amended by Clause 22, Article 1 of the Law on Amendment of the Penal Code 2017) on penaltiesfor for deliberate infliction as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

Penalties for deliberate infliction of bodily harm upon others under provocation in Vietnam

Pursuant to Article 135 of the Penal Code 2015 on penalties for deliberate infliction of bodily harm upon others under provocation:

1. A person who deliberately inflicts bodily harm upon another people and causes 31% - 60% WPI under provocation because of the victim's serious violations of law against the offender or the offender's family member shall face a fine of VND 10,000,000 - VND 50,000,000 or face a penalty of up to 03 years' community sentence.

2. This offence committed in any of the following circumstances carries a penalty of 06 - 36 months'' imprisonment:

a) The offence results in bodily harm of 02 or more people, each of whom suffers from 31% - 60% WPI;

b) The offence causes ≥ 61% WPI or death of the victim.