Is there a suspended sentence for disturbing public order in Vietnam?

Is there a suspended sentence for disturbing public order in Vietnam?

In Article 1 of Resolution 02/2018/NQ-HDTP on suspended sentences as follows:

A suspended sentence is a measure of exemption from serving a conditional prison sentence, applied by the Court to offenders sentenced to imprisonment for not more than 3 years, based on the offender's identity and mitigating circumstances that no need to force them to serve a prison sentence.

According to Article 2 of Resolution 02/2018/NQ-HDTP as amended by Resolution 01/2022/NQ-HDTP on conditions for persons sentenced to imprisonment to enjoy suspended sentences as follows:

A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:

1. Being sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has the identity that, in addition to this crime, the offender abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.

a) For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;

c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, they may also enjoy suspended sentences.

3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstances specified in Clause 1, Article 52 of the Penal Code.

In case there are aggravating circumstances for penal liability, the number of extenuating circumstances of penal liability must be greater than the number of aggravating circumstances of penal liability by 02 or more, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code.

4. Having a clear place of residence or a stable place of work for competent agencies and organizations to supervise and educate.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and the suspension of sentences does not pose a danger to society; not adversely affect security, social order and safety.

6. When considering and deciding to grant the defendant a suspended sentence, the Court must carefully and closely consider the conditions to ensure that the suspension of the sentence is in accordance with the provisions of the law, especially for cases where the instructions in Clauses 2, 4 and 5, Article 3 of this Resolution.

Thus, according to the above provisions in Vietnam and compared with the fine level of the crime of disturbance of public order, the offender can enjoy a suspended sentence when sentenced to imprisonment for not more than 3 years, and at the same time ensure that the conditions for enjoying suspended sentence such as complying with policies and laws and fulfilling the obligations of citizens; deems it unnecessary to impose a prison sentence; there are mitigating circumstances of criminal liability as prescribed.

What are penalties for disturbance of public order in Vietnam? 

Article 318 of the Penal Code 2015 on disturbance of public order, specifically:

1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves use of weapons or vandalism;

c) The offence results in serious traffic congestion or suspension of public activities;

d) The offender incites other people to cause disturbance;

dd) The offender attacks the person who intervenes to maintain public order;

e) Dangerous recidivism.

According to this Article, when the subject commits acts of disturbing public order, he/she may be subject to a fine of between VND 5,000,000 and 50,000,000 or a community sentence for up to 2 years, or a prison term of from 3 months to 07 years in Vietnam.

Best regards!