In Vietnam, what WPI leads to criminal prosecution? What are the disciplinary measures against secondary school students deliberately inflicting bodily harm upon another person in Vietnam?

In Vietnam, In Vietnam, what WPI leads to criminal prosecution?

To determine WPI that leads to criminal prosecution, the following two factors must be met: the constitution of a criminal offense and the victim's request.

Firstly, the constitution of a criminal offense

According to Article 134 of the Criminal Code 2015, amended by Clause 22 of Article 1 of the Law on Amendment of the Criminal Code 2017, a person who deliberately inflicts bodily harm upon another person and causes 11% WPI orr more shall be subject to criminal liability for deliberate infliction of bodily harm upon another person.

However, a person who deliberately inflicts bodily harm upon another person and causes under 11% WPI in any of the following circumstances shall be liable to criminal prosecution:

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

- Acid or a hazardous chemical is used;

- 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;

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

- The offense is committed by an organized group;

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

- 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;

Secondly, concerning the victim's request

Under Article 155 of the Criminal Procedure Code 2015, amended and supplemented by Clause 3 Article 1 of the Law on Amendments to the Criminal Procedure Code 2021, since Article 134 of the Criminal Code 2015 belongs to offenses that are prosecuted upon the victim's request; only when deliberately inflicting bodily harm upon another person and causing 11% WPI or more or under 11% WPI in the above circumstances, the offender may be liable to criminal prosecution.

However, in cases of deliberately inflicting bodily harm upon another person under the following circumstances, the victim's complaint is not required:

- Offenses leading to a penalty of 02 - 06 years' imprisonment:

+ Deliberately inflicting bodily harm upon another person resulting in 31% to 60% WPI;

+ Deliberately inflicting bodily harm upon two or more individuals, each with 11% to 30% WPI;

+ Committing the crime two or more times;

+ Dangerous recidivism;

+ Deliberately inflicting bodily harm upon another person resulting in 11% to 30% WPI but falling under any cases stipulated in points from a to k Clause 1 Article 134 of the Criminal Code 2015.

- Offenses leading to a penalty of 05 - 10 years' imprisonment:

+ Deliberately inflicting bodily harm upon another person resulting in 61% WPI or more, not falling under the provisions at point b Clause 4 Article 134 of the Criminal Code 2015;

+ Deliberately inflicting bodily harm upon two or more individuals, each with 31% to 60% WPI;

+ Deliberately inflicting bodily harm upon another person resulting in 31% to 60% WPI but falling under any cases in points a to k Clause 1 of this Article;

+ Deliberately inflicting bodily harm upon another person resulting in 11% to 30% WPI but falling under any case in points a to k Clause 1 of this Article.

- Offenses leading to a penalty of 07 - 14 years' imprisonment:

+ Causing death;

+ Deliberately inflicting bodily harm upon another person resulting in 61% WPI or more;

+ Deliberately inflicting bodily harm upon two or more individuals, each with 61% WPI or more;

+ Deliberately inflicting bodily harm upon another person resulting in 61% WPI or more but falling under any case in points a to k Clause 1 Article 134 of the Criminal Code 2015;

+ Deliberately inflicting bodily harm upon two or more individuals, each with 31% to 60% WPI but falling under any case in points a to k Clause 1 Article 134 of the Criminal Code 2015.

- Offenses leading to a penalty of 12 - 20 years' imprisonment: or life imprisonment:

+ Causing the death of two or more individuals;

+ Deliberately inflicting bodily harm upon two or more individuals, each with 61% WPI or more but falling under any case in points a to k Clause 1 Article 134 of the Criminal Code 2015.

In Vietnam, what WPI leads to criminal prosecution? What are the disciplinary measures against secondary school students deliberately inflicting bodily harm upon another person in Vietnam? (Image from the Internet)

What are the disciplinary measures against secondary school students deliberately inflicting bodily harm upon another person in Vietnam?

Under Article 38 of the lower secondary school, upper secondary school and multi-level school charter issued with Circular 32/2020/TT-BGDDT, the disciplinary measures against secondary school students deliberately inflicting bodily harm upon another person in Vietnam include:

- Give the student a reminder, directly support them in correcting their mistake.

- Reprimand the student, inform the student’s parent(s) to have the parent(s) cooperate in supporting the student in correcting their mistake.

- Suspend the student’s study at school for a definite period and take other correcting measures according to regulations from the Ministry of Education and Training.

Note: These are only in-school disciplinary measures. Students deliberately inflicting bodily harm upon another person may also face corresponding administrative or criminal penalties.

Are teachers in Vietnam allowed to attend meetings of the student disciplinary council?

Under point b, clause 2, Article 29 of the lower secondary school, upper secondary school and multi-level school charter  issued in conjunction with Circular 32/2020/TT-BGDDT, the regulations are as follows:

Rights of teachers and staff

...

2. Rights of homeroom teachers besides those provided for in Clause 1 herein:

a) Join other classes and educational activities involving their charges.

b) Attend meetings of the reward council and disciplinary council upon handling of matters concerning their charges.

...

Thus, homeroom teachers are allowed to attend meetings of the student disciplinary council upon handling of matters concerning their charges.