Compilation of Guiding Documents in the Field of Criminal Law in 2020 in Vietnam

CRIMINAL CODE

LAW

1. Criminal Code 2015

2. Law amending the Criminal Code 2017

RESOLUTION​

1. Resolution 07/2019/NQ-HDTP guiding Article 299, Article 300 of the Criminal Code

2. Resolution 06/2019/NQ-HDTP on guiding the application of provisions in Articles 141, 142, 143, 144, 145, 146 and Article 147 of the Criminal Code and the adjudication of cases of sexual abuse of people under 18 years old.

3. Resolution 05/2019/NQ-HDTP guiding the application of fraud on Social Insurance (SI), Unemployment Insurance (UI), Article 215 on fraud and Article 216 on evasion of paying social insurance and health insurance, Unemployment insurance for employees of the Criminal Code.

4. Resolution 03/2019/NQ-HDTP guides the application of Article 324 of the Criminal Code on money laundering.

5. Resolution 02/2019/NQ-HDTP guiding the application of Article 150 on the crime of human trafficking and Article 151 on the crime of trafficking in people under 16 years of age of the Criminal Code

6. Resolution 05/2018/NQ-HDTP guides the application of Article 234 on crimes of violating regulations on protecting wild animals and Article 244 on crimes of violating regulations on protecting endangered and rare animals of the Criminal Code.

7. Resolution 02/2018/NQ-HDTP guiding the application of Article 65 of the Criminal Code on suspended sentences

8. Resolution 01/2018/NQ-HDTP guides the application of Articles 66 and 106 on early release of prisoners of the Criminal Code.

9. Resolution 41/2017/QH14 implementing the Criminal Code 2015 is amended and supplemented with a number of articles according to Law 12/2017/QH14 and on the effectiveness of the Criminal Code 2015, Law on Organization of Criminal Investigation Agencies 2015, Law on Enforcement temporary detention and temporary detention 2013 issued by the National Assembly

10. Resolution 01/2016/NQ-HDTP guides the application of provisions in Clause 3, Article 7 of the Criminal Code.

DECREE

1. Decree 37/2018/ND-CP on guiding measures to monitor and educate people under 18 years old who commit crimes and are exempt from criminal liability.

2. Decree 19/2018/ND-CP regulating the calculation of total mass or volume of narcotics in a number of articles of the Criminal Code.

OFFICIAL DISPATCH

1. Official Dispatch 196/TANDTC-PC of 2018 on the application of Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code.

2. Official Dispatch 04/TANDTC-PC of 2018 applying the Criminal Code and Resolution 41/2017/QH14 issued by the Supreme Court.

3. Official Dispatch 148/TANDTC-PC of 2017 implementing and enforcing the Criminal Code and Resolution 41/2017/QH14

4. Official Dispatch 301/TANDTC-PC of 2016 applies provisions of the Criminal Code that are beneficial to offenders.

5. Official Dispatch 276/TANDTC-PC of 2016 guides the application of provisions of the Criminal Code that are beneficial to offenders.

6. Official Dispatch 3010/VKSTC-V14 on guiding the implementation of a number of contents in Resolution 41/2017/QH14 on the implementation of the Criminal Code.

7. Official dispatch 256/TANDTC-PC of 2017 on implementing Clause 2, Article 2 of Resolution 41/2017/QH14.

CRIMINAL PROCEDURE CODE

LAW

1. Criminal Procedure Code 2015

RESOLUTION

1. Resolution 110/2015/QH13 implementing the 2015 Criminal Procedure Code

2. Resolution 05/2018/NQ-HDTP guides the application of Article 234 on crimes of violating regulations on protecting wild animals and Article 244 on crimes of violating regulations on protecting endangered, precious and rare animals.

DECREE

1. Decree 30/2018/ND-CP on detailed regulations on the establishment and operation of the Asset Valuation Council; Order and procedures for asset valuation in criminal proceedings

2. Decree 115/2017/ND-CP stipulates in detail the order, procedures, and amount of money that commercial legal entities must pay to ensure judgment enforcement; temporary detention, refund, and payment to the state budget of the amount paid

3. Decree 97/2019/ND-CP amending the Decree on procedures for asset valuation in criminal proceedings

CIRCULAR

1. Circular 02/2018/TT-TANDTC detailing the trial of criminal cases involving participants under the age of 18 under the jurisdiction of the Family and Juvenile Courts

2. Circular 43/2018/TT-BTC guiding Decree 30/2018/ND-CP guiding the establishment and operation of the Asset Valuation Council; The order and procedures for asset valuation in criminal proceedings are issued by the Minister of Finance

3. Circular 46/2019/TT-BCA of the Ministry of Public Security stipulates the responsibilities of the People's Public Security force in implementing the provisions of the 2015 Criminal Procedure Code related to ensuring the right of defense of people. detained in an emergency, arrested in the event of a crime caught red-handed or under a wanted decision, detained, or accused; Protect the legitimate rights and interests of victims, litigants, accused persons, and persons recommended for prosecution.

JOINT CIRCULAR

1. Joint Circular 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH on coordination in implementing provisions of the Criminal Procedure Code on proceedings for people under 18 years old

2. Joint Circular 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT providing for coordination in implementing a number of provisions of the Criminal Procedure Code on complaints and denunciations

3. Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC guiding the order, procedures, deposit amount, detention, refund, confiscation, and payment to the state budget of the deposited amount to ensure

4. Joint Circular 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC on regulations on coordination in implementing the provisions of the 2015 Criminal Procedure Code on conditional early release from prison

5. Joint Circular 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP guiding the order and procedures for performing audio or video recording with sound; Use, preserve, and store audio or video recording results during the investigation, prosecution, or trial

6. Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP stipulating the order, procedures, time limit, and location for the accused or the legal representative of a commercial legal entity committing a crime to read and record make copies of documents or digitized documents related to the indictment, exculpation or other documents related to the defense

7. Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC regulates coordination between competent agencies in implementing the provisions of the 2015 Criminal Procedure Code on receiving and resolving Deciding on denunciations, reporting crimes, and recommending prosecution

8. Joint Circular 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP regulating coordination between litigation-conducting agencies in implementing the provisions of the Criminal Procedure Code on returning files for additional investigation fig

LAW ON EXECUTION OF CRIMINAL JUDGMENTS

LAW

1. Law on Execution of Criminal Judgments 2019

CIRCULAR

1. Circular 14/2020/TT-BCA regulating the regime of meeting, receiving gifts and contacting prisoners

2. Circular 182/2019/TT-BQP on prisoners meeting relatives and contacting relatives by phone

3. Circular 64/2019/TT-BCA for people whose sentences are postponed to change their place of residence

LAW ON ORGANIZATION OF CRIMINAL INVESTIGATION AGENCIES

LAW

1. Law on organization of criminal investigation agencies 2015

DECREE

1. Decree 128/2017/ND-CP on regulations on reporting regime on criminal investigations

CIRCULAR

1. Circular 61/2017/TT-BCA on regulations on forms, papers, and books on criminal investigation issued by the Minister of Public Security