In Vietnam: Is assaulting on medical staff an act of resisting a law enforcement officer in performance of his/her official duties?

In Vietnam: Is assaulting on medical staff an act of resisting a law enforcement officer in performance of his/her official duties?

Pursuant to Article 3 of the Decree 208/2013/NĐ-CP stipulating as follows:

1. Law enforcement officers are cadres, civil servants, public employees, officers, non-commissioned officers and soldiers of the people's armed forces assigned by competent agencies, organizations or individuals to perform their tasks and exercise their powers in accordance with law. They are protected by law to serve the interests of the State, people and society.

2. Resisting a law enforcement officer in performance of his/her official duties means an act of using force, threatening to use force, or failing to comply with orders or requests of an official duty performer, or committing another act aimed at obstructing an official duty performer from performing his/her assigned tasks or forcing him/her not performing assigned tasks.

Pursuant to Article 2 of the Law on Public Employees in 2010 stipulating as follows:

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

Law enforcement officers are cadres, civil servants, public employees, officers, non-commissioned officers and soldiers of the people's armed forces.

Therefore, medical staffs are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law. If someone assaulting on medical staff, that is an act of resisting a law enforcement officer in performance of his/her official duties.

In Vietnam: What is the imprisonment sentence for resisting a law enforcement officer in performance of his/her official duties?

Pursuant to Article 330 of the Criminal Code in 2015 stipulating resisting a law enforcement officer in performance of his/her official duties as follows:

1. Any person who uses violence, threat of violence or otherwise obstructs a law enforcement officer from performing his/her official duties or forces a law enforcement officer to act against the law shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offender persuades or incites another person to commit the offence;

d) The property damage caused by the offence is assessed at ≥ VND 50,000,000;

dd) Dangerous recidivism.

As regulations above, a penalty of up to 03 years' community sentence or 06 - 84 months' imprisonment shall be imposed on anyone for resisting a law enforcement officer in performance of his/her official duties. The specific penalty depends on the extent and consequences of the performance of the act and the Court's decision.

In Vietnam: What are the fines for assaulting on medical staff?

Pursuant to Clause 3 Article 21 of the Decree 144/2021/NĐ-CP stipulating acts of obstructing or resisting inspection, examination and control of on-duty officers or giving bribes to on-duty officers as follows:

3. A fine of from VND 6.000.000 to VND 8.000.000 shall be imposed for any of the following violations:

a) Using force or threatening to use force against the on-duty officers;

b) Causing damage to property and/or facilities of the state agencies or the on-duty officers;

d) Giving bribes (money, property, other material benefits or intangible benefits) to on-duty officers.

As regulations above, a fine of from VND 6.000.000 to VND 8.000.000 shall be imposed for assaulting on medical staff.

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