What is the age of criminal responsibility in Vietnam?

What is the age of criminal responsibility in Vietnam?

Pursuant to Article 12 of the Criminal Code in 2015 (amended by Clause 3 Article 1 of the Law on the Criminal Code in 2017) stipulating age of criminal responsibility as follows:

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.

What is the age of criminal responsibility in Vietnam? - Source: Internet

What is the time limit for criminal prosecution in Vietnam?

Pursuant to Article 27 of the Criminal Code in 2015 stipulating time limit for criminal prosecution as follows:

1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.

During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.

What are grounds for exemption from criminal responsibility in Vietnam?

Pursuant to Article 29 of the Criminal Code in 2015 (amended by Article 2 of the Law on the Criminal Code in 2017) stipulating grounds for exemption from criminal responsibility in Vietnam as follows:

1. A criminal offender shall be exempt from criminal responsibility on one of the following bases:

a) A policy or law is changed during the process of investigation, prosecution or trial and accordingly, the offender's act is no longer dangerous to society;

b) A general amnesty is granted.

2. A criminal offender might be exempt from criminal responsibility on one of the following bases:

a) The situation is changed during the process of investigation, prosecution or trial and accordingly, the offender is no longer dangerous to society;

b) The offender has a fatal disease during the process of investigation, prosecution or trial and no longer poses a threat to society;

c) The offender confesses his/her crime, contributes to the crime discovery and investigation; minimizes the damage inflicted by his/her crime, have made reparation or special contributions that are recognized by the State and society.

3. The person who commits a less serious crime or a serious crime because of involuntary damage to life, health, honor, or property of others will be exempt from criminal responsibility if the perpetrator has voluntarily provided compensation and the aggrieved person or his/he legal representative voluntarily seeks reconciliation and requests exemption from criminal responsibility.

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