How is Resistance against Law Enforcement Officers Handled?

Resisting Public Officials

Resisting public officials can be understood as acts of opposition, threats, obstruction, intimidation against individuals performing their official duties through means such as the use of force, threats of force, or other tactics aimed at obstructing public officials from performing their duties, retaliating against public officials, threatening others, or coercing public officials to perform illegal acts. According to current regulations, depending on the severity of the act, individuals who resist public officials can be subject to administrative sanctions or criminal prosecution.

Administrative Sanctions: Fines up to 5 million VND

According to point a, Clause 3, Article 20 of Decree 167/2013/ND-CP, individuals who use force or threaten to use force to resist public officials will be fined from 3 to 5 million VND.

Decree 167/2013/ND-CP

Article 20. Acts of obstructing, resisting inspection, examination, control by public officials or bribing public officials

3. A fine of 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Using force or threatening to use force to resist public officials;

Criminal Prosecution: Maximum Sentence of 7 Years Imprisonment

The 7-year imprisonment penalty is the maximum for this offense under the Ciminal Code 1999 (effective until December 31, 2017) and the Ciminal Code 2015 (effective from January 1, 2018). The specific regulations regarding the crime of resisting public officials are detailed in Article 257 of the Ciminal Code 1999 as follows:

Ciminal Code 1999

Article 257. Crime of resisting public officials

1. Any person who uses force, threatens to use force, or uses other tactics to obstruct public officials from performing their duties or to coerce them to perform illegal acts, shall be subject to non-custodial reformation for up to three years or a prison term from six months to three years.

2. Committing the crime under one of the following circumstances shall be subject to a prison term from two years to seven years:

a) Organized manner;

b) Committing the crime repeatedly;

c) Inciting, luring, provoking others to commit crimes;

d) Causing serious consequences;

e) Dangerous recidivism.

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