Crime of Lack of Responsibility Causing Serious Consequences

Thu Ky Luat offers the following response to your query:

The term "lack of responsibility" in this context can be roughly understood as failing to perform or not fully performing the assigned responsibilities, leading to serious consequences. If one performs all their responsibilities but the consequences still occur, it does not fall under this offense.

In practice, it is very difficult to determine when responsibilities have been fully performed and when a lack of responsibility leads to consequences. There have not been clear guidelines on what constitutes serious or particularly serious consequences due to a lack of responsibility. However, based on inter-agency documents, serious or particularly serious consequences can be understood as damage to the lives, health, dignity, honor, and property of individuals; damage to the property and reputation of organizations and agencies; and other intangible damages.

Determining responsibility, although challenging, is not without solutions. Typically, agencies and organizations determine the responsibilities and duties of each individual regarding their work right from the start in their regulations, labor rules, or in the labor contract between the individual and the agency or organization.

Therefore, depending on the determined responsibilities and duties and the serious consequences caused by those actions, one can consider whether this offense has been committed. The sanctions for this behavior are stipulated in Article 285 of the Criminal Code 1999, as amended and supplemented in 2009:

1. Any person who, due to lack of responsibility, fails to perform or incorrectly performs the assigned duties, causing serious consequences, but is not subject to the crime of lack of responsibility causing serious damage to the property of the State; the crime of lack of responsibility in managing weapons, explosives, and support tools causing serious consequences; or the crime of lack of responsibility leading to the escape of detainees, shall be subject to non-custodial reform for up to three years or imprisonment from six months to five years.
2. Committing the crime causing very serious or particularly serious consequences, shall be punished by imprisonment from 3 to 12 years.
3. The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain jobs for 1 to 5 years.

Thus, depending on the severity of the consequences caused by the lack of responsibility, the offender may be subject to non-custodial reform or corresponding imprisonment. Additionally, the offender may also be prohibited from holding certain positions or performing certain jobs for a designated period.

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