In Vietnam, what WPI leads to the imprisonment penalty in 2025? What is the expulsion period for students deliberately inflicting bodily harm upon another person in Vietnam?

In Vietnam, what WPI leads to the imprisonment penalty in 2025?

According to the provision in Article 134 of the Criminal Code 2015 (amended by Clause 22, Article 1 of the Law on Amendment of the Criminal Code 2017), deliberately inflicting bodily harm upon another person can result in imprisonment under the following circumstances:

(1) Causing 11% WPI or more:

- Causing from 11% WPI to 30% may result in a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment;

- Causing from 31% to 60% WPI may result in a penalty of 02 - 06 years' imprisonment;

- Causing 61% WPI or more may result in a penalty of 05 - 10 years' imprisonment.

(2) Causing under 11% WPI

A person who deliberately inflicts bodily harm upon another person and causes 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:

- 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;

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

In these circumstances, even if the injury rate is below 11%, the offender may still face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

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.

Thus, in case of deliberately inflicting bodily harm upon another person and causing 11% WPI or more, the offender may be held criminally responsible and face an imprisonment penalty, depending on the severity. In case of causing under 11% WPI, a penalty of 06 - 36 months' imprisonment can still be imposed if the offence is committed under the conditions listed above.

In Vietnam, what WPI leads to the imprisonment penalty in 2025? (Image from Internet)

What is the expulsion period for students deliberately inflicting bodily harm upon another person in Vietnam?

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 deliberately inflicting bodily harm upon another person in Vietnam may be subject to disciplinary review for expulsion for 1 week or 1 year, depending on the severity of the violation.

Note: Circular 08/TT 1988 may no longer be applicable!

Must vocational education and training institutions in Vietnam immediately notify families of students involving school violence?

Handling school violence is specified in Article 9 of Circular 38/2019/TT-BLDTBXH as follows:

- Take measures to isolate and promptly control the individuals causing school violence to prevent further undesirable consequences.

- Immediately contacting and reporting to competent authorities to handle the incident as per regulations. In cases where the incident exceeds the vocational education and training institution’s ability to address, promptly notify the local authorities or relevant agencies for coordinated legal handling.

- Conducting a preliminary assessment of the victim's damage. Implementing immediate assistance and medical care for the victim. Monitoring, evaluating, and applying practical support measures to ensure the victim's continued safety.

- Promptly informing the victim's family to coordinate in handling the situation.

Therefore, when school violence occurs, vocational education and training institutions must promptly notify the victim's family to coordinate a response.