If I have committed a crime of infringing security in Vietnam, can I nominate for election as a People's Council representative in Vietnam?

If I have committed a crime of infringing security in Vietnam, can I nominate for election as a People's Council representative in Vietnam?

At Article 44 of the 2015 Criminal Code there are provisions on deprivation of certain citizenship rights as follows:

1. A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this document shall have one or some of the following citizenship rights derived of:

a) The right to nominate oneself for a post in the authorities;

b) The right to work in regulatory agencies and serve in the people's army.

2. The duration of citizenship right deprivation is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the convict given a suspended sentence.

At Article 122 of the 2015 Criminal Code there are provisions on additional penalties for the crime of infringing upon national security is as follows:

A person who commits an offence specified in this Chapter may have some of his/her citizenship rights deprived of, be put under mandatory supervision, be prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.

At Article 113 of the 2013 Constitution stipulates:

1. The People’s Council is the local state power body, representing the will, aspirations and right to mastery of the local People, shall be elected by the local People, and is responsible to the local People and state agencies at higher levels.

2. The People’s Council shall decide on local issues as prescribed by a law; and supervise the observance of the Constitution and law in its locality and the implementation of its own resolutions.

Based on current regulations in Vietnam, in case you have been convicted of a crime of infringing security (crimes of infringing on national security) and have an additional penalty of deprivation of some civil rights, then after At the end of your disbarment period, you can run for election to the People's Council position.

If I have committed a crime of infringing security in Vietnam, can I nominate for election as a People's Council representative in Vietnam? (Image from the Internet)

How many maximum years of imprisonment for a person who commits the crime of infringing security in Vietnam?

In Article 118 of the 2015 Criminal Code there are provisions on disruption of security as follows:

1. Any person who, for the purpose of opposing the people's government, incites, persuades, gathers other people to disrupt security, resists law enforcement officers in the performance of their duties, obstruct the operation of agencies or organizations shall face a penalty of 05 - 15 years' imprisonment, except in the circumstances specified in Article 112 hereof.

2. Any accomplice shall face a penalty of 02 - 07 years' imprisonment.

3. Any person who makes preparation for the commission of this offence shall face a penalty of 06 - 36 months'' imprisonment.

Thus, people who commit the crime of disturbing security can be sentenced to a maximum prison term of up to 15 years in Vietnam.

Are commercial legal entities subject to criminal prosecution for the crime of infringing security in Vietnam?

At Article 2 of the 2015 Criminal Code there are provisions on the basis of criminal liability as follows:

1. No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal liability.

2. No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal liability.

In Clause 11 Article 1 of the Law amending the Penal Code 2017 there are regulations on scope of criminal responsibility of corporate legal entities as follows:

A corporate legal entity shall only bear criminal responsibility for the crimes specified in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, 246, 300 and 324 hereof.

According to this Article, the crime of disturbing security is specified in Article 118 of the 2015 Criminal Code, this crime is not within the scope of criminal responsibility of corporate legal entities in Vietnam.

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