What are penalties of the violations against regulations of law on occupational safety in Vietnam?

What are penalties of the violations against regulations of law on occupational safety in Vietnam?

Pursuant to Article 295 of the Criminal Code in 2015 (amended by Clause 97 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating violations against regulations of law on occupational safety, occupational hygiene and safety in crowded areas:

1. A fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment shall be imposed on following offences:

Any person who violates regulations of law on occupational safety, occupational hygiene or safety in crowded areas and causes damage for another person in any of the following circumstances:

- The offence results in the death of a person;

- The offence causes ≥ 61% WPI for another person;

- The offence causes a total WPI of 61% - 121% for more than one person.

- The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. A penalty of 03 - 07 years' imprisonment shall be imposed on following offences:

- The offence results in the death of 02 people;

- The offence causes a total WPI of 122% - 200% for more than one person;

- The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

- The offender is the person in charge of occupational safety, occupational hygiene or safety in crowded areas.

3. A penalty of 06 - 12 years' imprisonment shall be imposed on following offences:

- The offence results in the death of ≥ 03 people;

- The offence causes a total WPI of ≥ 201% for ≥ 03 people;

- The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

If this above offence is likely to have any of the consequences is not promptly prevented, the offender shall face a penalty of up to 02 years’ community sentence or 03 - 24 months' imprisonment.

The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

What are penalties of the violations against regulations of law on occupational safety in Vietnam? - image from internet

What is the age of criminal responsibility for committing violations against regulations of law on occupational safety in Vietnam?

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

Age of criminal responsibility

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.

As regulated above, a person from 16 years of age and above shall bear criminal responsibility for committing violations against regulations of law on occupational safety in Vietnam.

When shall a person committing violations against regulations of law on occupational safety be exempt from criminal responsibility in Vietnam?

Pursuant to Article 29 of the Criminal Code in 2015 (amended by Clauses 1.a, 2.a, Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating basis for exemption from criminal responsibility:

Basis for exemption from criminal responsibility

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) Before the crime is discovered, 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.

As regulated above, a person committing violations against regulations of law on occupational safety shall be exempt from criminal responsibility in Vietnam in following cases:

- 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;

- A general amnesty is granted.

Best regards!