Which criminal prosecution shall a person who desecrates the Vietnamese national flag face in Vietnam?
What are regulations on Vietnamese national flag?
According to Clause 1, Article 13 of the 2013 Constitution regarding the national flag of the Socialist Republic of Vietnam, it is regulated as follows:
Article 13.
1. The national flag of the Socialist Republic of Vietnam is rectangular, its width is two-thirds of its length, with a red background and a five-pointed yellow star in the center.
2. The national emblem of the Socialist Republic of Vietnam is circular, with a red background, a five-pointed yellow star in the center, surrounded by rice stalks, beneath which is a half cogwheel and the inscription Socialist Republic of Vietnam.
3. The national anthem of the Socialist Republic of Vietnam is the music and lyrics of the song Tiến quân ca.
4. The National Day of the Socialist Republic of Vietnam is the day of the Declaration of Independence, September 2, 1945.
5. The capital of the Socialist Republic of Vietnam is Hanoi.
The national flag of the Socialist Republic of Vietnam (hereinafter referred to as the Vietnamese national flag) is rectangular, its width is two-thirds of its length, with a red background and a five-pointed yellow star in the center.
In addition, Clause 1, Article 1 of the Guideline 3420/HD-BVHTTDL of 2012 specifies the usage of the Vietnamese national flag as follows:
Picture of the national flag: Article 141, Chapter XI of the 1992 Constitution of the Socialist Republic of Vietnam; Circular 68/VHTT-TT dated August 24, 1993, of the Ministry of Culture and Information (now the Ministry of Culture, Sports, and Tourism). “…The national flag of the Socialist Republic of Vietnam is rectangular, its width is two-thirds of its length, with a red background and a five-pointed yellow star in the center…”
- “…The center point of the yellow star is exactly placed at the intersection of the two diagonals of the national flag.
- The distance from the center of the star to the tip of a point is one-fifth of the length of the national flag.
- One of the star’s points should be perpendicular to the longer side of the national flag and point straight up towards the top of the flagpole.
- The star's shape: the straight line from one star point to the opposite point should be straight without bulging in the middle; the star points should not be rounded.
- Both sides of the national flag should have a congruent five-pointed yellow star.
- The flag background is bright red, and the star is bright yellow.
Which criminal prosecution shall a person who desecrates the Vietnamese national flag face in Vietnam? (Image from the Internet)
Shall a person who desecrates the Vietnamese national flag face a community sentence?
Pursuant to Article 351 of the Criminal Code 2015, the crime of desecrateing the national flag, national emblem, and national anthem is regulated as follows:
Desecration the National Flag, National Emblem, and National Anthem
Anyone who intentionally desecrates the national flag, national emblem, or national anthem shall be subject to a warning, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.
An individual who intentionally desecrates the Vietnamese national flag can be subject to a warning, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.
When should the Vietnamese national flag be flown?
Based on Section II of the Regulation 974-TTg of 1956, it is regulated as follows:
II. WHEN TO FLY THE NATIONAL FLAG
A. Fly our national flag alone:
1) The national flag is flown in the meeting rooms of all levels of government and organizations during solemn meetings.
2) The national flag is flown outside buildings on the following holidays and Tet:
- New Year's Day,
- Lunar New Year,
- Anniversary of the General Election: January 6,
- International Labor Day: May 1,
- Anniversary of President Ho Chi Minh's birthday: May 19,
- Anniversary of the August Revolution: August 19,
- National Day: September 2.
Other cases requiring the national flag flying will be notified by the Government, or the administrative committees of zones, provinces, or cities.
3) The national flag is flown or carried at places where mass rallies, demonstrations, and public mobilization activities are held, such as land reform mobilization, production emulation, dike fortification, road construction, drought fighting, etc.
The national flag is flown outside buildings on the following holidays and Tet:
- New Year's Day,
- Lunar New Year,
- Anniversary of the General Election: January 6,
- International Labor Day: May 1,
- Anniversary of President Ho Chi Minh's birthday: May 19,
- Anniversary of the August Revolution: August 19,
- National Day: September 2.
Other cases requiring the national flag flying will be notified by the Government, or the administrative committees of zones, provinces, or cities.
Besides that, the national flag is flown or carried at places where mass rallies, demonstrations, and public mobilization activities are held, such as land reform mobilization, production emulation, dike fortification, road construction, drought fighting, etc.
Additionally, Regulation 974-TTg of 1956 provides guidance on properly displaying the national flag as follows:
- When displaying the national flag, ensure that the star is not upside down,
- When displaying both the flag and an image, the image of the President should be placed lower than the national flag, or placed on the flag below the star.
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