What is the imprisonment sentence for the offence of disturbance of public order in Vietnam?

What is the imprisonment sentence for the offence of disturbance of public order in Vietnam?

Pursuant to Article 318 of the Criminal Code in 2015' onclick="vbclick('4AF41', '405680');" target='_blank'>Criminal Code in 2015 stipulating disturbance of public order:

Disturbance of public order

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.

As regulated above, any person who causes disturbance of public order shall bear criminal responsibility in following cases:

- He/she negatively impacts social safety, order or security;

- He/she does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence.

The offender of disturbance of public order 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 - 84 months' imprisonment.

What is the imprisonment sentence for the offence of disturbance of public order in Vietnam? - image from internet

What is the age of criminal responsibility for the offence of disturbance of public order in Vietnam?

Pursuant to Article 12 of the Criminal Code in 2015' onclick="vbclick('4AF41', '405680');" target='_blank'>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 the offence of disturbance of public order in Vietnam.

If a person conceals the offence of disturbance of public order in Vietnam, shall he/she bear criminal responsibility?

Pursuant to Article 389 of the Criminal Code in 2015' onclick="vbclick('4AF41', '405680');" target='_blank'>Criminal Code in 2015 (amended by Clause 137 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating concealment of crimes:

Concealment of crimes

1. Any person who, without prior promises, conceals any of the following crimes, except in the circumstances specified in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:

a) Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121;

b) Article 123, Clauses 2, 3 and 4 of Article 141, Article 142, Article 144, Clause 2 and Clause 3 of Article 146, Clauses 1, 2 and 3 of Article 150, Articles 151, 152, 153 and 154;

c) Article 168, Article 169, Clauses 2, 3 and 4 of Article 173, Clauses 2, 3 and 4 of Article 174, Clauses 2, 3 and 4 of Article 175, Clauses 2, 3 and 4 of Article 178;

d) Clause 3 and Clause 4 of Article 188, Clause 3 of Article 189, Clause 2 and Clause 3 of Article 190, Clause 2 and Clause 3 of Article 191, Clause 2 and Clause 3 of Article 192, Clauses 1, 2, 3 and 4 of Article 193, Clauses 1, 2, 3 and 4 of Article 194, Clause 2, 3 and 4 of Article 195, Clause 2 and Clause 3 of Article 196, Clause 3 of Article 205, Clauses 2, 3 and 4 of Article 206, Article 207, Article 208, Clause 2 and Clause 3 of Article 219, Clause 2 and Clause 3 of Article 220, Clause 2 and Clause 3 of Article 221, Clause 2 and Clause 3 of Article 222, Clause 2 and Clause 3 of Article 223, Clause 2 and Clause 3 of Article 224;

dd) Clause 2 and Clause 3 of Article 243;

e) Articles 248, 249, 250, 251, 252 and 253, Clause 2 of Article 254, Articles 255, 256, 257 and 258, Clause 2 of Article 259;

g) Clauses 2, 3 and 4 of Article 265, Articles 282, 299, 301, 302, 303 and 304, Clauses 2, 3 and 4 of Article 305, Clauses 2, 3 and 4 of Article 309, Clauses 2, 3 and 4 of Article 311, Clause 2 and Clause 3 of Article 329;

h) Clauses 2, 3 and 4 of Article 353, Clauses 2, 3 and 4 of Article 354, Clauses 2, 3 and 4 of Article 355, Clause 2 and Clause 3 of Article 356, Clauses 2, 3 and 4 of Article 357, Clauses 2, 3 and 4 of Article 358, Clauses 2, 3 and 4 of Article 359, Clauses 2, 3 and 4 of Article 364, Clauses 2, 3 and 4 of Article 365;

i) Clause 3 and Clause 4 of Article 373, Clause 3 and Clause 4 of Article 374, Clause 2 of Article 386;

k) Articles 421, 422, 423, 424 and 425.

2. If the offence involves the offender's abuse of power or other acts of protecting the criminal, the offender shall face a penalty of 02 - 07 years' imprisonment.

According to current law, a person, who conceals the offence of disturbance of public order in Vietnam, shall not bear criminal responsibility.

Best regards!