Is a person who causes 3% WPI for another one in Vietnam subject to criminal prosecution? May a person who deliberately inflicts bodily harm upon another one in Vietnam be expelled?

Is a person who causes 3% WPI for another one in Vietnam subject to criminal prosecution?

According to the provisions of Clause 1, Article 134 of the Criminal Code 2015 (amended by Clause 22, Article 1 of the Law on Amendment of the Criminal Code 2017), a person who causes 3% WPI for another one can still be subject to criminal prosecution if he/she falls into one of the following special circumstances:

- 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 offence 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;

Note: The term "judicial" was abolished by Point b, Clause 1, Article 177 of the Juvenile Justice Law 2024 effective from January 1, 2026.

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

- The offence is of a gangster-like nature;

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

Thus, a person who causes 3% WPI for another one in Vietnam may be subject to criminal prosecution.

Note: The offense can only be criminally prosecuted upon the victim's request or the representative of the victim who is under 18, mentally or physically handicapped, or deceased as stipulated in Clause 1, 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.

Conversely, if none of the above circumstances are present, a person who causes 3% WPI for another one will face an administrative fine ranging from 5 - 8 million VND under Point d, Clause 4, Article 7 of Decree 144/2021/ND-CP. Additionally, a public apology is required for the violation unless the victim has a petition not to request it.

Therefore, when considering a case of intentional injury, WPI and related factors shall serve as the basis for determining criminal liability.

Is a person who causes 3% WPI for another one in Vietnam subject to criminal prosecution? May a person who deliberately inflicts bodily harm upon another one in Vietnam be expelled? (Image from the Internet)

May a person who deliberately inflicts bodily harm upon another one in Vietnam be expelled?

Under subsections 4 and 5 of Section III of Circular 08/TT, 1988, the expulsion of one week or one year is regulated as follows:

Expulsion for one week:

- Students who repeatedly commit mistakes already warned in front of the entire school but have not shown remorse or rectified their actions, negatively impacting other students;

- Students violating rules for the first time but with serious nature and extent, seriously affecting the honor of the school, teachers, and student body, such as: stealing, extortion, organized fighting causing injury to others, ...or committing other violations with equivalent nature and harm level will be reviewed by the school's disciplinary board to propose the principal's decision and implementation, while reporting to the direct higher education management authority for awareness and tracking.

Expulsion for one year:

- Students committing violations already sanctioned with a one-week expulsion by the school's disciplinary board via the principal but have not corrected their actions, continuing to re-offend, or even committing additional violations.

- Students committing very serious violations, although it may be their first offense, their actions were intentional and proactive (not being misled or complicit), causing significant and dangerous harm to social assets and human lives, such as: participation in theft gangs, extortion, depravity, reactionary activities, …using weapons (daggers, bayonets, pistols, grenades, etc.) in organized fights causing injuries to others, off-campus criminal acts leading to police custody or other violations of similar nature and harm level.

Thus, students causing injury to others, organized fighting, etc., may be subject to expulsion depending on the severity of the violation.

What are the regulations on preventing school violence in vocational education and training institutions in Vietnam?

Under Article 7 of Circular 38/2019/TT-BLDTBXH, the prevention of school violence in vocational education and training institutions is regulated as follows:

- Educate and equip with knowledge and skills on preventing and combating student abuse; prevent school violence in the online environment for students, management staff, educators, and staff of vocational education and training institutions and students' families; educate and counsel on self-protection knowledge and skills for students.

- Regularly monitor, compile statistics, and analyze groups at risk of school violence. Establish mechanisms to cooperate with authorities and procedures for handling school violence situations.

- Establish a communication channel between vocational education and training institutions and students' families and related organizations and individuals to promptly prevent and address incidents of school violence.