What are the fines imposed on elderly individuals who commit the crime of deliberate infliction of bodily harm upon another person in Vietnam?

1. Who are elderly people according to the law in Vietnam?

Elderly people are defined by the law pursuant to Article 2 of the Law on the Elderly 2009 as Vietnamese citizens aged 60 years and older.

Additionally, the Criminal Code 2015 (amended and supplemented in 2017) does not specifically define what constitutes an "elderly person" in the context of applying criminal responsibility for "elderly people committing crimes" or "elderly people being victims," but instead refers to cases such as:

- Elderly frail individuals,

- Persons aged 70 years and older

,- Persons aged 75 years and older.

Thus, a person aged 71 will fall under the category of "persons aged 70 years and older committing a criminal offense."

2. What are the fines imposed on elderly individuals who commit the crime of deliberate infliction of bodily harm upon another person in Vietnam?

Based on the provisions of Article 134 of the Criminal Code 2015 (amended by Clause 22 Article 1 of the Law amending the Criminal Code 2017), general provisions on the crime of deliberate infliction of bodily harm upon another person are stipulated as follows:

Article 134. Crime of deliberate infliction of bodily harm upon another person

1. Anyone who intentionally causes injury or harm to another person's health, where the body injury rate is from 11% to 30%, or under 11% but falls into the following cases, shall be subject to community sentence for up to 03 years or imprisonment from 06 months to 03 years:

a) Using dangerous weapons or methods harmful to 02 or more people;

b) Using sulfuric acid (H₂SO₄) or other dangerous chemicals to cause injury or harm to another's health;

c) Causing minor permanent disability to the victim;

d) Committing the crime twice or more;

dd) Committing the crime against 02 or more people;

e) Against persons under 16 years old, pregnant women, elderly frail individuals, sick people or others unable to defend themselves;

g) Against their grandparents, parents, caregivers, or teachers ;

h) Organized crime;

i) Abusing position of authority;

k) Committing the crime while being detained, imprisoned, undergoing a sentence, or subject to measures of mandatory education, reformatory schools, or compulsory rehab centers;

l) Hiring others to cause injury or harm or committing the crime due to being hired;

m) Exhibiting thuggish characteristics;

n) Recurrent dangerous offenses;

o) Against persons performing official duties or for reasons related to the victim's official duties.

...

In cases the injury is under 11% or from 11% to 30% and in accordance with the aforementioned conditions, those who commit acts of deliberate infliction of bodily harm upon another person can be penalized as follows:

- Community sentence up to 03 years;

- Imprisonment from 06 months to 03 years;

- Imprisonment from 02 years to 06 years.

Furthermore, based on Point a Clause 5 Article 7 of Decree 144/2021/ND-CP, violations regarding community order may be subject to administrative fines ranging from 5,000,000 VND to 8,000,000 VND for actions such as deliberate infliction of bodily harm upon another person without being prosecuted for criminal responsibility.

However, for a person aged over 70 committing the crime of deliberate infliction of bodily harm upon another person, pursuant to Point o Clause 1 Article 51 of the Civil Procedure Code 2015, there are mitigating circumstances for criminal responsibility for those aged 70 years and older.

Thus, if a 71-year-old person, considered elderly, commits the crime of deliberate infliction of bodily harm upon another person, their criminal responsibility will be mitigated. They might be subject to administrative penalties depending on the severity of the incident as stipulated by the aforementioned legal regulations.

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