Vietnam: Effect of the Criminal Code

Vietnam: Effect of the Criminal Code (Internet image)

1. Effect of the Criminal Code on criminal offences committed within the territory of the Socialist Republic of Vietnam

- The Criminal Code applies to every criminal offence committed within the territory of the Socialist Republic of Vietnam.

It also applies to criminal offences committed on sea-going vessels and airplanes having Vietnamese nationality or operating in Vietnam’s exclusive economic zones or continental shelves or consequences thereof.

- Criminal liability of foreigners who commit criminal offences within the territory of Socialist Republic of Vietnam and are granted diplomatic immunity according to Vietnam’s law or under an international agreement to which Socialist Republic of Vietnam is a signatory or according to international practice shall be dealt with in accordance with the international agreement or practice. If the case is not set out in any international agreement or there is no such international practice, their criminal liability shall be dealt with in a diplomatic manner.

(Article 5 of the Criminal Code 2015)

2. Effect of the Criminal Code on criminal offences committed outside the territory of the Socialist Republic of Vietnam

- Any Vietnamese citizen or Vietnamese corporate legal entity that commits an act outside the territory of Socialist Republic of Vietnam which is defined as a criminal offence by this document shall face criminal prosecution in Vietnam as prescribed by this document.

This clause also applies to stateless residents of Vietnam.

- Any foreigner or foreign corporate legal entity that commit a criminal offence outside the territory of Socialist Republic of Vietnam shall face criminal prosecution as prescribed by this document if such offence infringes the lawful rights and interests of Vietnamese citizens or interest of Socialist Republic of Vietnam or under a international agreement to which Vietnam is a signatory.

- Where a criminal offence or its consequence occurs on an airplane or sea-going vessel that does not have Vietnamese nationality at sea or outside Vietnam's airspace, the offender shall face criminal prosecution under an international agreement to which Vietnam is a signatory, if any.

(Article 6 of Criminal Code 2015)

3. Chronological effect of Criminal Code in Vietnam

- A provision of law effective at the same time as the commission of the criminal offence shall be applied to such criminal offence.

- A provision of law that provides for a new crime, a more severe sentence, a new aggravating factor or reduce the scope of suspended sentences, exemption from criminal liability, removal of criminal responsibility, exemption from sentence, commutation or conviction expungement which is less favorable shall not be applied to criminal offences committed before such provision of law comes into force.

- A provision of law that removes a new crime, a sentence, a aggravating factor or provides for a less severe sentence, a new mitigating factor or increase the scope of suspended sentence, exemption or conviction expungement of criminal liability, exemption from sentence, commutation, conditional parole or conviction expungement and other provisions which is more favorable may be applied to criminal offences committed before such provisions of law comes into force.

(Article 7 of Criminal Code 2015)

Diem My

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