Guidance on the application of the Criminal Code in adjucating office title-related crimes in Vietnam

Nguyen Trinh

09:21, 16/01/2021

Recently, the Supreme People’s Court of Vietnam has issued theResolution No. 03/2020/NQ-HĐTP on Guidelines for certain regulations of the Criminal Code in adjucating corruption-related or other office title-related crimes in Vietnam.

Pursuant to Clause 5 Article 3 of the Resolution No. 03/2020/NQ-HĐTP of the Supreme People’s Court of Vietnam, “abuse of position or power” provided for in clause 1 Article 355 of the Criminal Code of Vietnam means the use of position beyond their assigned powers or duties or, although not assigned or designated powers or duties in that field but still perform.

E.g. Nguyen Van A is a Deputy President of the People’s Committee of province. A has been only assigned to take charge of the cultural and social field, not land management, but A still makes a decision to expropriate the land of Company X and then transfer it to Company Y (the company of A’s family). In such situation, A has gone beyond his assigned powers and duties.

Moreover, pursuant to Clause 6 Article 3 of the Resolution No. 03/2020/NQ-HĐTP, "misuse of position or powers" provided for in Clause 1, Article 356 of the Criminal Code of Vietnam means a person who misuses his/her position or powers to act against, not to act or improperly act the law.

More details at the the Resolution No. 03/2020/NQ-HĐTP of the Supreme People’s Court of Vietnam, takes effect from February 15, 2021.

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