Are business entities committing crimes not subject to a penalty of imprisonment in Vietnam? Does selling fake Tet train tickets face a penalty of imprisonment in Vietnam?

Are business entities committing crimes not subject to a penalty of imprisonment in Vietnam?

According to Vietnam's criminal law, are business entities committing crimes not subject to a penalty of imprisonment?

Answer: Pursuant to Clause 1, Article 33 of the 2015 Criminal Code, sentences against business entities committing crimes are as follows:

1. Primary sentences:

b) Fine;

b) Suspension of operation;

c) Permanent shutdown.

Thus, the primary sentences apply to business entities that commit the above-mentioned crimes and imprisonment will not apply to this subject in Vietnam.

Are business entities committing crimes not subject to a penalty of imprisonment in Vietnam? Does selling fake Tet train tickets face a penalty of imprisonment in Vietnam? (Image from the Internet)

Does selling fake Tet train tickets face a penalty of imprisonment in Vietnam?

At this time, people are buying train tickets to go home to celebrate Tet. Taking advantage of this, many people are selling fake train tickets. I would like to ask what is handling for individuals selling fake train tickets? Is it enough to go to jail?

Answer: Depending on the nature and extent of the act of making fake Tet tickets and the illegal profits gained from the violation, the individual will be administratively sanctioned or prosecuted for criminal liability. As follows:

* Penalties for administrative violations

According to Clause 3, Article 72, Decree 100/2019/ND-CP stipulating penalties for using fake train tickets and selling train tickets against the law as follows:

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Transporting fake train tickets;

b) Selling fake train tickets;

c) Storing fake tickets.

Thus, individuals who sell fake Tet train tickets can be fined from 10 million to 15 million VND. In addition, all fake train tickets were confiscated and forced to return illegal profits gained from selling fake train tickets in Vietnam.

* Criminal prosecution

According to Article 202 of the 2015 Criminal Code, making, dealing in fake stamps or tickets is as follows:

1. Any person who makes or deals in fake stamps or tickets in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The quantity of fake stamps or tickets without face values is from 15,000 to under 30,000 pieces;

b) The value of fake stamps or tickets having face values is from VND 50,000,000 to under VND 200,000,000;

c) The offender has incurred an administrative penalty or has an unspent conviction for the same offence;

d) The illegal profit reaped is from VND 30,000,000 to under VND 100,000,000;

2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves the abuse of the offender's position or power;

c) The quantity of fake stamps or tickets without face values is ≥ 30,000 pieces;

d) The value of fake stamps or tickets having face values is ≥ VND 200,000,000;

dd) The illegal profit earned is ≥ VND 100,000,000;

c) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Thus, selling fake Tet train tickets can also be prosecuted for criminal liability for making, dealing in fake stamps or tickets if there are enough grounds to constitute a crime according to the above regulations in Vietnam.

If person beats his mother leading to less than 11% injury, do he have to face a penalty of imprisonment in Vietnam? 

I have a cousin who is 25 years old but is promiscuous. He recently beat his mother, leading to her being hospitalized with a 10% injury. Does he have to face a penalty of imprisonment or what should he do?

Answer: Clause 22, Article 1 of the Law amending the 2017 Criminal Code (amending Article 134 of the 2015 Criminal Code) has the following provisions:

“Article 134. Deliberate infliction of bodily harm upon another person

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.”.

According to the above regulations in Vietnam, in case of intentionally causing injury or harm to the health of another person, such as a grandparent, father, mother, teacher, or person who nurtures or treats the disease, the rate of injury less than 11% shall be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years.

Thus, if your cousin beats your mother and has a 10% chance of bodily injury, she can still be prosecuted for criminal liability for the crime of intentionally causing injury or harm to the health of another person. Penalty: community sentence for up to 03 years or imprisonment from 06 months to 03 years.

Best regards!