In Vietnam: Shall lower secondary students fighting and inflicting bodily harm upon another person face criminal responsibility?

In Vietnam: Shall lower secondary students fighting and inflicting bodily harm upon another person face criminal responsibility?

Pursuant to Clause 2 Article 91 of the Criminal Code in 2015 (amended by Clause 14 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rules for taking actions against juvenile offenders in Vietnam as follows:

2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.

As regulations above, in case lower secondary students aged from 14 to under 16 fighting and inflicting bodily harm upon another person shall face criminal responsibility.

What is the imprisonment sentence imposed on lower secondary students for fighting and inflicting bodily harm upon another person in Vietnam?

Pursuant to Article 134 of the Criminal Code in 2015 (amended by Clause 22 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate infliction of bodily harm upon another person in Vietnam as follows:

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.

Pursuant to Clause 5 and 6, Article 91 of the Criminal Code in 2015 stipulating rules for taking actions against juvenile offenders in Vietnam as follows:

5. Life imprisonment and death sentence shall not be imposed upon a juvenile offender.

6. The court shall only impose imprisonment upon a juvenile offender if it is considered that other punishments and educational measures do not have sufficient deterrent effects.

Where imprisonment is necessary, it shall be as short as is reasonable and more lenient that than applied to a person aged 18 and above (hereinafter referred to as adult offender) who commits a similar crime.

Additional punishments shall not be shall not be imposed upon a juvenile offender.

As regulations above, a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment shall be imposed for a person who deliberately inflicts bodily harm upon another person.

However, if lower secondary students fighting and inflicting bodily harm upon another person, they shall not face life sentence. The specific sentence will be decided by the Court.

What are administrative fines imposed on lower secondary students for fighting and inflicting bodily harm upon another person in Vietnam?

Pursuant to Clause 5 Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

5. A fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for any of the following violations:

a) Deliberately inflicting injuries or bodily harm to another person but not liable to criminal prosecution;

b) Disrupting public order while carrying cold weapons, combat gears or other items that can cause injuries;

c) Filming, photographing, charting an restricted area that is relevant to defense and security;

d) Molestation of a person under 16 but not liable to criminal prosecution;

dd) Molestation, sexual harassment;

e) Engaging in sexual acts in public;

g) Perform designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof against the categories or quality specified in the license issued by a competent authority;

h) Using UAVs and ultralight aircrafts to launch, drop harmful or dangerous objects or substances without permission.

As regulations above, a fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for lower secondary students for fighting and inflicting bodily harm upon another person in Vietnam.

Best regards!