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Guidance on penalties frame of a number of crimes related to weapons and explosives in Vietnam

Lê Trương Quốc Đạt

11:02, 10/12/2022

The Council of Judges of the Supreme People's Court of Vietnam issued Resolution 03/2022/NQ-HDTP dated September 9, 2022 guiding the application of some provisions in Articles 304, 305, 306, 307 and 308 Criminal Code.

In particular, the circumstances guide the framing of the punishment for a number of crimes related to weapons and explosives.

For example, detailing "criminal items of great quantity or value" at point g, clause 2, Article 304 of the Penal Code on the crime of illegal manufacture, stockpiling, transportation, use, trading, or appropriate military weapons, military technical means as follows:

- Pistols, rifles, and submachine guns: from 3 to 10 guns;

- Infantry ammunition of size 11.43 mm or less: from 301 to 1,000 rounds;

- 12.7mm to 25mm caliber machine gun ammunition: from 201 to 600 rounds;

- Bombs, mines, and grenades: from 06 to 20;

- 01 to 05 medium machine guns, anti-tank guns, and grenade launchers;

- Machine guns, mortars, DKZ guns, anti-aircraft machine guns, and personal anti-tank missiles: from 01 to 02;

- Mortars, artillery shells: from 01 to 10;

- Torpedoes: from 01 to 02;

- Illegal objects worth between 10,000,000 VND and 200,000,000 VND;

- Other illegal objects in large quantities as prescribed by law

For the circumstance of "criminal objects of great quantity or of great value" at point g, clause 2, Article 304 of the Penal Code, there will be a penalty frame of between 5 and 12 years in prison.

Resolution 03/2022/NQ-HDTP takes effect on November 1, 2022.

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