Additional penalties under the Penal Code in Vietnam

Additional penalties under the Penal Code in Vietnam (Internet image)

1. Additional penalties for offenders in Vietnam

Additional penalties for offenders in Vietnam include:

(1) Prohibition from holding certain positions or doing certain works

- 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.

(2) Prohibition from residence

- 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.

(3) Mandatory supervision

- 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 the Penal Code 2015and 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.

(4) Deprivation of certain citizenship rights;

- 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.

(5) Confiscation of property in Vietnam

- 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.

(6) Fine, when not applicable is the main penalty

- The applied fine is an additional penalty for the offenders of corruption, drugs or other crimes prescribed by the Penal Code 2015.

- The fine level is decided based on the nature and seriousness of the crime, and taking into account the offender's property situation and price fluctuations, but must not be lower than 1,000,000 copper.

(7) Expulsion if no administrative penalties are imposed

- 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.

2. Additional penalties for business entities committing crimes in Vietnam

Additional penalties for business entities committing crimes include:

(1) Ban from operating in certain fields;

(2) Prohibition from raising capital;

(3) Fine if no administrative penalties are imposed.

Legal basis: Chapter VI of the Penal Code 2015

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