Latest summary of crimes that may result in death sentence in Vietnam

Latest summary of crimes that may result in death sentence in Vietnam (Internet image)

1. What is death sentence?

Clause 1, Article 40 of the Criminal Code 2015 amended in 2017 stipulates the death sentence as follows:

Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

2. Cases of exemption from death sentence in Vietnam

According to Clauses 2. 3, 4, Article 40 of the Criminal Code 2015 amended in 2017:

- Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

- The life sentence shall not be executed in the following circumstances:

+ The convict is pregnant or a woman raising a child under 36 months of age;

+ The sentenced person is 75 years of age or older;

+ The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

Note: In the circumstances specified in Clause 3 of Article 40 of the Criminal Code 2015 amended in 2017 or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

3. Crimes that may result in the death sentence in Vietnam

3.1. Crime of high treason

Article 108 of the Criminal Code 2015 amended in 2017 stipulates the crime of high treason as follows

- Any Vietnamese citizen who colludes with foreign entities in infringing the independence, sovereignty and territorial integrity of Vietnam, the socialism regime and the State of Socialist Republic of Vietnam, its national defense and security shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death.

- If the offence involves multiple mitigating factors, imprisonment duration shall be 07 - 15 years.

- Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3.2. Crime of activities against the people's government of Vietnam

Pursuant to Article 109 of the Criminal Code 2015 amended in 2017, any person who establishes or joins an organization that acts against the people's government shall face the following sentences:

- The organizer, instigator or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death;

- Any accomplice shall face a penalty of 05 - 12 years' imprisonment;

- Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3.3. Crime of espionage

Article 110 of the Criminal Code 2015 amended in 2017 stipulates the crime of espionage as follows:

- A person who commits any of the acts below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

+ Espionage, sabotage or establishment of facilities serving espionage against Socialist Republic of Vietnam;

+ Establishment of facilities serving espionage or sabotage under the direction of foreign entities; spying, informing, concealing, guiding or other acts that assist foreigners in espionage or sabotage;

+ Providing or collecting to provide classified information for foreign entities; collecting, providing other information and/or documents serving foreign entities' activities against Socialist Republic of Vietnam.

- A less serious case of this offence carries a penalty of 05 - 15 years' imprisonment.

- Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

- A person who operates as a spy, fails to accomplish his/her missions and turns himself/herself in shall be exempt from criminal responsibility for this offence.

3.4. Crime of Rebellion

Article 112 of the Criminal Code 2015 amended in 2017 stipulates the crime of rebellion as follows:

Any person who engages in armed activities or uses organized force to act against the people's government shall face the following penalties:

- The organizer or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death;

- Any accomplice shall face a penalty of 05 - 15 years' imprisonment;

- Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3.5. Crime of terrorism to oppose the people's government

Article 113 of the Criminal Code 2015 amended in 2017 stipulates the crime of terrorism to oppose the people's government as follows:

- Frame 1:

Any person who, for the purpose of opposing the people's government, infringes upon life of officials or other people or destroy property of another organization or individual shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or death.

- This offence committed in any of the following manners carries a penalty of 10 - 15 years' imprisonment:

+ Establishing, joining a terrorist organization or an organization sponsoring terrorism;

+ Forcing, persuading other people to participate in terrorism; recruiting, training terrorists; manufacturing, providing weapons for terrorists;

+ Infringing upon bodily integrity, health of officials or other people; appropriating or damaging property of another organization or individual;

+ Attacking, violating, obstructing, disrupting the computer network, telecommunications network or electronic devices of another organization or individual.

- Frame 2:

The act of threatening to commit any of the acts specified in Clause 1 of Article 113 of the Criminal Code 2015 amended in 2017 or intimidating another person carries a penalty of 05 - 10 years' imprisonment.

- Frame 3:

Terrorist acts against foreign organizations, individuals or international organizations for the purpose of destroying the Vietnam's international relationship also carry the penalties specified in  Article 113 of the Criminal Code 2015 amended in 2017.

Note Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3.6. Crime of sabotaging facilities of Socialist Republic of Vietnam

Article 114 of the Criminal Code 2015 amended in 2017, stipulates the crime of sabotaging facilities of Socialist Republic of Vietnam; as follows:

- Frame 1:

Any person who, for the purpose of opposing the people's government, sabotages political, national defense, national security, economic, scientific, technological, cultural or social facilities of Socialist Republic of shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death.

- Frame 2:

A less serious case of this offence carries a penalty of 05 - 15 years' imprisonment.

Note: Any person who makes preparation for the commission of this criminal offence shall face a penalty of 01 - 05 years' imprisonment.

3.7. Murder

Article 123 of the Criminal Code 2015 amended in 2017 stipulates the crime of murder as follows:

- Frame 1:

A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

+ Murder of 02 or more people;

+ Murder of a person aged under 16;

+ Murder of a woman with the full knowledge of her pregnancy;

+ Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;

+ Murder of the murderer's grandparent, parent, caregiver or teacher;

+ Murder committed right before or after committing a very serious crime or extremely serious crime;

+ Murder for the commission or concealment of another crime;

+ Murder for taking the victim's body parts;

+ Brutal murder;

+ Murder by taking advantage of the murderer's profession;

+ Murder using a method capable of killing many people;

+ Contract killing;

+ Murder of a gangster-like nature;

+ Organized murder;

+ Dangerous recidivism;

+ Murder from despicable motives.

- Frame 2:

Murder in circumstances other than those specified in Clause 1 of Article 123 of the Criminal Code 2015 amended in 2017 carries a penalty of 07 - 15 years' imprisonment.

- Frame 3:

Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

In addition, the offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

3.8. Crime of rape of a person under 16

Article 142 of the Criminal Code 2015 amended in 2017 stipulates the crime of rape of a person under 16 as follows:

- Frame 1:

A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

+ Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

+ Engaging in sexual intercourse or other sexual activities with a person under 13.

- This offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:

+ The offence is of an incestuous nature;

+ The offence results in the victim's pregnancy;

+ The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

+ The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

+ The offence has been committed more than once;

+ The offence is committed against more than one person;

+ Dangerous recidivism.

- Frame 2:

This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

+ The offence is committed by an organized group;

+ The offence is committed by more than one person against one person;

+ The offence is committed against a person under 10;

+ The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

+ The offender commits the offence in the knowledge of his HIV infection;

+ The offence results in the death or suicide of the victim.

- Frame 3:

Committing the crime in one of the following circumstances, the offenders shall be sentenced to 20 years' imprisonment, life imprisonment or capital punishment:

+ The offence is committed by an organized group;

+ The offence is committed by more than one person against one person;

+ The offence is committed against a person under 10;

+ The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

+ The offender commits the offence in the knowledge of his HIV infection;

In addition, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

3.9. Crime of manufacturing and trading of counterfeit medicines for treatment or prevention of diseases

Article 194 of the Criminal Code 2015 amended in 2017 stipulates the crime of manufacturing and trading of counterfeit medicines for treatment or prevention of diseasess as follows:

- Frame 1:

Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face a penalty of 02 - 07 years' imprisonment.

- Frame 2:

This offence committed in any of the following circumstances carries a penalty of 05 – 12 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ Dangerous recidivism.

+ The offence involves the abuse of the offender's position or power;

+ The offence is committed in the name of an agency or organization;

+ Goods are traded across the border;

+ The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

+ The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

+ The offence causes 31% - 60% WPI for another person;

+ The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

- Frame 3:

This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

+ The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;

+ The illegal profit earned is from VND 500,000,000 to under VND 2,000,000,000;

+ The offence results in the death of a person;

+ The offence causes ≥ 61% WPI for another person;

+ The offence causes a total WPI of 61% - 121% for more than one person;

+ The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

- Frame 4:

This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

+ The illegal profit earned is ≥ VND 2,000,000,000;

+ The offence results in the death of ≥ 02 people;

+ The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of ≥ 122%;

+ The offence results in property damage assessed at ≥ VND 1,500,000,000

In addition, the offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Punishments incurred by a corporate legal entity that commits any of the offences specified in Article 194 of the Criminal Code 2015 amended in 2017:

- A corporate legal entity that commits this offence in the circumstances specified in Clause 1 of Article 194 of the Criminal Code 2015 amended in 2017 shall be liable to a fine of from VND 1,000,000,000 to VND 4,000,000,000;

- A corporate legal entity that commits this offence in the circumstances specified in Clause 2 of Article 194 of the Criminal Code 2015 amended in 2017 shall be liable to fine of from VND 4,000,000,000 to VND 9,000,000,000;

- A corporate legal entity that commits this offence in the circumstances specified in Clause 3 of Article 194 of the Criminal Code 2015 amended in 2017 shall be liable to a fine of from VND 9,000,000,000 to VND 15,000,000,000;

- A corporate legal entity that commits this offence in the circumstances specified in Clause 4 of Article 194 of the Criminal Code 2015 amended in 2017 shall be liable to a fine of from VND 15,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03 years;

- A corporate legal entity that commits this offence in the circumstances specified in Article 79 of the Criminal Code 2015 amended in 2017 shall be permanently shut down;

In addition, the violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.

Ngoc Nhi

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