Regulations on sentences according to Criminal Code of Vietnam

Regulations on sentences according to Criminal Code of Vietnam (Internet image)

1. What is sentence?

Article 30 of the Criminal Code 2015 stipulates the definition of sentence as follows:

A sentence means the most severe coercive measure of the State specified in this document, taken by the Court against a person or corporate legal entity that commits a crime in order to deprive of or limit their rights and/or interests.

2. Purposes of sentences in Vietnam

Pursuant to Article 31 of the Criminal Code 2015, the purpose of punishment is as follows:

Sentences are meant not only for punishing people and corporate legal entities that commit criminal offences, but also raising awareness of compliance with law, preventing them from committing other crimes, educating other people and corporate legal entities in compliance with the law, prevention of and fight against crimes.

3. Sentences against criminals in Vietnam

In Article 32 of the Criminal Code 2015, the sentences against criminals are as follows:

3.1. Primary sentences

Primary sentences include:

+ Warning;

+ Fine;

+ Community sentence;

+ Expulsion;

+ Determinate imprisonment;

+ Life imprisonment;

+ Death sentence.

3.2. Additional Penalties

Additional sentences include:

+ Prohibition from holding certain positions or doing certain works;

+ Prohibition from residence;

+ Mandatory supervision;

+ Deprivation of certain citizenship rights;

+ Confiscation of property;

+ Fine if no administrative penalties are imposed;

+ Expulsion if no administrative penalties are imposed.

Note: The offender shall incur only one primary sentence for a crime committed and possibly one or more additional sentences

4. Sentences against business entities committing crimes in Vietnam

Articles 33 of the Criminal Code 2015 provide for penalties for commercial legal entities that commit crimes as follows:

4.1. Primary sentences

- Primary sentences include:

+ Fine;

+ Suspension of operation;

+ Permanent shutdown.

4.2. Additional sentences

- Additional sentences:

+ Ban from operating in certain fields;

+ Prohibition from raising capital;

+ Fine if no administrative penalties are imposed.

Note: The corporate legal entity shall incur only one primary sentence for a criminal offence committed and possibly one or more additional sentences.

5. Primary types of sentences under the Criminal Code of Vietnam

5.1. Warning

In Article 34 of the Criminal Code 2015, warnings are provided as follows:

Warning is imposed upon people who commit less serious crimes and have multiple mitigating factors but are not eligible for exemption from sentence.

5.2. Fine

Pursuant to Article 35 of the Criminal Code 2015 provides for fines as follows:

- Fine is imposed as a primary sentence against:

+ People who commit less serious crimes or serious crimes defined by this document;

+ People who commit very serious crimes against the law on economics, environment, public order, public safety and other crimes defined by this document.

-Fine is imposed as an additional sentence against people committing crimes related to corruption, drugs or other crimes defined by this document.

- The fine level depends on the nature and level of danger of the crime with account taken of the offender's property, fluctuation of prices. Nevertheless, the fine must not fall under VND 1,000,000.

- Fines imposed upon corporate legal entities committing crimes are specified in Article 77 of Criminal Code 2015.

5.3. Community sentence

Article 36 of the Criminal Code 2015 provides for non-custodial reform as follows:

- 6-month to 3-year community sentence shall be imposed upon people who commit less serious crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not have to be isolated from society.

If the convict has been kept in temporary detention, the duration of temporary detention shall be deducted from the duration of community sentence: 01 day of temporary detention equals (+) 03 days of community sentence.

- The person sentenced to community sentence shall be supervised and educated by the organization or agency for which he/she works or the People’s Committee of the commune where he/she resides. The family of the convict has the responsibility to cooperate with such agency or organization or the People’s Committee of the commune in supervising and educating him/her.

- While serving the sentence, the convict must fulfill certain duties according to regulations on community sentence and part of his income (5% - 20%) shall be extracted to pay to state budget on a monthly basis. In special cases, the court might not require income deduction and specify the reason in the judgment.

The income of a sentenced person who is doing his/her military service shall not be deducted.

- If the person sentenced to community sentence is unemployed or loses his/her job while serving the sentence, he/she must do works serving the community during the period of community sentence.

The duration of community serving must not exceeds 04 hours per day and 05 days per week.

This measure must not be applied to pregnant women, women raising children under 06 months of age, old and weak people, people having fatal diseases, people having severe disabilities or extremely severe disabilities.

People sentenced to community sentence must fulfill the duties specified in the Law on enforcement of criminal judgments.

5.4. Expulsion

Article 37 of the Criminal Code 2015 provides for expulsion as follows:

Expulsion means the act of forcing sentenced foreigners to leave the territory of Socialist Republic of Vietnam.

Expulsion shall be imposed as a primary sentence or additional sentence on a case-by-case basis.

5.5. Determinate imprisonment

Pursuant to Article 38 of the Criminal Code 2015, the determinate imprisonment is as follows:

- 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.

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

5.6. Life imprisonment

Life imprisonment is defined in Article 39 of the Criminal Code 2015 as follows:

Life imprisonment is an indefinite imprisonment imposed upon people committing extremely serious crimes but not punishable by death.

Life imprisonment shall not be imposed upon offenders under 18 years of age (hereinafter referred to as juvenile offenders).

5.7. Death sentence

Article 40 of the Criminal Code 2015 provides for the death penalty 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.

- 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.

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

6. Additional sentences under the Criminal Code of Vietnam

6.1. Prohibition from holding certain positions or doing certain works

In Article 41 of the Criminal Code 2015, the ban on holding certain posts, practicing certain professions or doing certain jobs is prohibited as follows:

Prohibition from holding certain positions or doing certain works shall be imposed when the convict is deemed to cause harm to society if he/she is allowed to hold the positions or do the works.

The duration of prohibition is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the primary sentence is a warning, fine or community sentence or the convict is given a suspended sentence.

5.8. Prohibition from residence

Pursuant to Article 42 of the Criminal Code 2015, prohibition from residence is stipulate as follows:

Prohibition from residence means preventing the person sentenced to imprisonment from temporarily or permanently residing in certain administrative divisions.

The duration of prohibition is from 01 to 05 years from the end of the imprisonment.

6.2. Mandatory supervision

Pursuant to Article 43 of the Criminal Code 2015 provides for mandatory supervision as follows:

Mandatory supervision means forcing a person sentenced to imprisonment to reside, work and live within a defined area under the supervision of the local authority and local people. During this period, the convict must not leave the commune without permission, has some citizenship rights deprived of as prescribed in Article 44 of Criminal Code 2015 and is banned from doing certain works.

Mandatory supervision shall be imposed upon people committing crimes against national security, dangerous recidivism and other crimes prescribed by this document shall be kept under surveillance.

The duration of mandatory supervision is from 01 to 05 years from the end of the imprisonment.

6.3. Deprivation of certain citizenship rights

Article 44 of the Criminal Code 2015 provides for the deprivation of certain citizenship rights as follows:

- A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this document shall have one or some of the following citizenship rights derived of:

+ The right to nominate oneself for a post in the authorities;

+ The right to work in regulatory agencies and serve in the people's army.

- The duration of citizenship right deprivation is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the convict given a suspended sentence.

6.4. Confiscation of property

Pursuant to Article 45 of the Criminal Code 2015 provides for confiscation of property as follows:

Confiscation of property means confiscation and transfer of part of or all of property under the ownership of the convict to state budget.

Confiscation of property shall only be imposed upon people who are convicted of serious crimes, very serious crimes or extremely serious crimes against national security, drug-related crimes, corruption or other crimes prescribed by this document.

Confiscation of property shall be so carried out that the convict and his/her family are still able to carry on their life.

Ngoc Nhi

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