What is the minimum imprisonment in Vietnam? In Vietnam: Is it permissible to change the most lenient sentence to another sentence?

What is the minimum imprisonment in Vietnam?

Pursuant to Article 38 of the Criminal Code in 2015 stipulating determinate imprisonment in Vietnam as follows:

1. Determinate imprisonment means forcing the convict to serve his/her sentence in a detention facility over a certain period of time.

The duration of determinate imprisonment imposed upon an offender is from 03 months to 20 years.

The duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals (=) 01 day in prison.

2. Determinate imprisonment shall not be imposed upon a person who commits a less serious crime for the first time and has a fixed residence.

As regulations above, the minimum imprisonment in Vietnam is 03 months.

Is it permissible to change the most lenient sentence to another sentence?

Pursuant to Article 54 of the Criminal Code in 2015 (Clause 7 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating determinate imprisonment in Vietnam as follows:

1. The Court may decide a sentence lighter than the lower limit of the current sentence bracket if it is in the next lighter bracket provided the offender has at least two mitigating factors specified in Clause 1 Article 51 hereof.

2. The Court may decide a sentence below the lower limit of the current sentence bracket and it is not required to belong to the next lighter bracket provided the offender is an abettor with a minor role in the offense and does not have prior criminal record.

3. If all of the conditions specified in Clause 1 or Clause 2 of this Article are satisfied but there is only one sentence bracket, or the current sentence bracket is already most lenient, the Court may pass a sentence that is lighter than the sentence bracket or switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be specified in the judgment.

As regulations above, it is permissible to switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be specified in the judgment.

In Vietnam: What is the maximum penalty in case all of the sentences are determinate imprisonment?

Pursuant to Article 55 of the Criminal Code in 2015 stipulating decision on sentence for multiple crimes in Vietnam as follows:

When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

1. Primary sentence:

a) If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;

b) If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (=) 01 day's imprisonment.

c) If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;

d) If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;

dd) Fines shall be aggregated and shall not be combined with other sentences;

e) Expulsion shall not be combined with other sentences;

2. Additional sentence:

a) If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

b) If the sentences imposed are of various types, the convict must serve all of them.

As regulations above, the maximum determinate imprisonment for multiple crimes in Vietnam is 30 years.

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