How to categorize crimes according to the law in Vietnam? What is the statute of limitations for criminal prosecution in Vietnam?

Lawnet would like to answer as follows:

1. How to categorize crimes according to the law in Vietnam?

According to Article 9 of the Criminal Code of Vietnam 2015, crimes are classified as follows:

- Based on the nature and degree of danger to society of the criminal act as stipulated in this Code, crimes are classified into the following 04 types:

- Less serious crimes are those of low danger to society where the highest penalty frame prescribed by this Code is a fine, community sentence, or imprisonment of up to 03 years;

- Serious crimes are those of considerable danger to society where the highest penalty frame prescribed by this Code is from over 03 years to 07 years of imprisonment;

- Very serious crimes are those of significant danger to society where the highest penalty frame prescribed by this Code is from over 07 years to 15 years of imprisonment;

- Particularly serious crimes are those of exceptional danger to society where the highest penalty frame prescribed by the Criminal Code of Vietnam 2015 is from over 15 years to 20 years of imprisonment, life imprisonment, or the death penalty.

- Crimes committed by commercial legal entities are classified based on the nature and degree of danger to society of the criminal act as stipulated in Clause 1, Article 9 of Criminal Code of Vietnam 2015 and the corresponding provisions for crimes specified in Article 76 of the Criminal Code of Vietnam 2015.

2. What is the statute of limitations for criminal prosecution in Vietnam?

The statute of limitations for criminal prosecution is stipulated in Article 27 of the Criminal Code of Vietnam 2015, specifically:

- The statute of limitations for criminal prosecution is the period defined by the Criminal Code of Vietnam 2015 after which the offender shall not be prosecuted if it expires.

- The statute of limitations for criminal prosecution is as follows:

- 05 years for less serious crimes;

- 10 years for serious crimes;

- 15 years for very serious crimes;

- 20 years for particularly serious crimes.

- The statute of limitations for criminal prosecution is calculated from the date the crime is committed. If during the period specified in Clause 2, Article 27 of the Criminal Code of Vietnam 2015, the offender commits another crime which this Code prescribes the highest penalty frame of over 01 year of imprisonment, the statute for the old crime will be recalculated from the date the new crime was committed.

Note: If during the period specified in Clause 2, Article 27 of the Criminal Code of Vietnam 2015, the offender deliberately evades and has been issued a wanted decision, the statute will be recalculated from when the person surrenders or is arrested.

3. Cases where the statute of limitations for criminal prosecution is not applied according to the law in Vietnam

According to Article 28 of the Criminal Code of Vietnam 2015, the cases where the statute of limitations for criminal prosecution is not applied are as follows:

The statute of limitations for criminal prosecution as specified in Article 27 of the Criminal Code of Vietnam 2015 does not apply to the following crimes:

- Crimes infringing upon national security as stipulated in Chapter XIII of the Criminal Code of Vietnam 2015;

- Crimes of war destruction, crimes against humanity, and war crimes as specified in Chapter XXVI of the Criminal Code of Vietnam 2015;

- Crimes of embezzlement of property as specified in Clauses 3 and 4, Article 353 of the Criminal Code of Vietnam 2015; crimes of accepting bribes as stipulated in Clauses 3 and 4, Article 354 of the Criminal Code of Vietnam 2015.

Thus, for some crimes such as infringing upon national security; war destruction, crimes against humanity; war crimes; embezzlement of property and accepting bribes, the statute of limitations for criminal prosecution is not applied.

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