Law on amendments to some articles of The criminal code of Vietnam 2025
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Summary
Law on amendments to some articles of The criminal code of Vietnam 2025 comes into force from July 01, 2025.
Content
NATIONAL ASSEMBLY OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
Law No. 86/2025/QH15 | Hanoi, June 25, 2025 |
AMENDMENTS TO SOME ARTICLES OF THE CRIMINAL CODE
Pursuant to the Constitution of the Socialist Republic of Vietnam, amended by Resolution No. 203/2025/QH15;
The National Assembly of Vietnam promulgates the Law on Amendments to some Articles of the Criminal Code No. 100/2015/QH13, amended by Law No. 12/2017/QH14 and Law No. 59/2024/QH15.
Article 1. Amendments to some Articles of the Criminal Code
1. Amendments to Clause 3 Article 40:
“3. The life sentence shall not be executed in the following circumstances:
a) The sentenced person is pregnant or a woman raising a child under 36 months of age;
b) The sentenced person is 75 years of age or older;
c) The sentenced person is diagnosed with terminal cancer.”.
“Article 49. Mandatory disease treatment
1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a medical facility for mandatory treatment.
2. If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a medical facility for mandatory treatment. After there is a conclusion that the patient has been treated or regained his/her awareness or control of his/her acts, he/she might bear criminal responsibility.
3. If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a medical facility for mandatory treatment. After there is a conclusion that the patient has been treated or regained his/her awareness or control of his/her acts, that person shall keep serving the sentence if there are no reasons to do otherwise.
The duration of mandatory treatment shall be deducted from the imprisonment duration.”.
3. Amendments to Clause 6 Article 62:
“6. If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of a competent authority, might exempt him/her from serving the rest of the sentence.”.
4. Amendments to Clause 1 and Clause 6 of Article 63:
a) Amendments to Clause 1:
“1. If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.
Commutation of a life sentence for embezzlement or taking bribes may only be granted if the convict has voluntarily 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.
The first commutation may only be given after the convict has served at least one third of the duration of the community sentence or determinate imprisonment, or 12 years of the life sentence.”;
b) Amendments to Clause 6:
“6. With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Clause 3 Article 40 hereof, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.”.
5. Amendments to Clause 1 Article 109:
“1. The organizer, instigator or person whose activities cause serious consequences shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment;”.
6. Amendments to Clause 1 Article 110:
“1. A person who commits any of the acts below shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment:
a) Espionage, sabotage or establishment of facilities serving espionage against Socialist Republic of Vietnam;
b) Establishment of facilities serving espionage or sabotage under the direction of foreign entities; spying, informing, concealing, guiding or other acts that assist foreigners in espionage or sabotage;
c) Providing or collecting to provide classified information for foreign entities; collecting, providing other information and/or documents serving foreign entities’ activities against Socialist Republic of Vietnam.”.
7. Amendments to Clause 1 Article 114:
“1. Any person who, for the purpose of opposing the people’s government, sabotages political, national defense, national security, economic, scientific, technological, cultural or social facilities of Socialist Republic of shall face a penalty of 12 – 20 years’ imprisonment or life imprisonment.”.
8. Amendments to Clauses 1, 4 and 5 of Article 192:
a) Amendments to Clause 1:
“1. Any person who manufactures or deals in counterfeit goods in the following circumstances, except in the circumstances specified in Article 193, 194 and 195 hereof, shall be liable to a fine of from VND 200.000.000 to VND 2.000.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30.000.000 to under VND 150.000.000 or under VND 30.000.000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;
b) The offence causes 31% – 60% WPI for another person;
c) The illegal profit reaped is from VND 50.000.000 to under VND 100.000.000;
d) The property damage caused by the offence is assessed at from VND 100.000.000 to under VND 500.000.000.”;
b) Amendments to Clause 4 and Clause 5:
“4. The offender might also be liable to a fine of from VND 40.000.000 to VND 100.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, dd, e, g, h, i, k, l and m Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000 or has its operation suspended for 06 – 36 months;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
9. Amendments to Clause 5 and Clause 6 of Article 193:
“5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 36.000.000.000 or has its operation suspended for 06 – 36 months;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
10. Amendments to Clauses 4, 5 and 6 of Article 194:
“4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The illegal profit earned is ≥ VND 2.000.000.000;
b) The offence results in the death of 02 or more people;
c) The offence results in bodily harm to ≥ 02 people who suffer from a total WPI of ≥ 122%;
d) The property damage caused by the offence is assessed at ≥ VND 1.500.000.000.
5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 8.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 8.000.000.000 to VND 18.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 30.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 30.000.000.000 to VND 40.000.000.000 or has its operation suspended for 01 – 03 years;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
11. Amendments to Clauses 1, 5 and 6 of Article 195:
a) Amendments to Clause 1:
“1. Any person who manufactures or deals in counterfeit animal feeds, fertilizers, veterinary medicines, plant protection chemicals, plant varieties, animal breeds in the following circumstances shall be liable to a fine of from VND 200.000.000 to VND 2.000.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30.000.000 to under VND 150.000.000 or under VND 30.000.000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;
b) The property damage caused by the offence is assessed at from VND 100.000.000 to under VND 500.000.000;
c) The illegal profit earned is from VND 50.000.000 to under VND 100.000.000.”;
b) Amendments to Clause 5 and Clause 6:
“5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
6. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 12.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12.000.000.000 to VND 18.000.000.000;
d) A commercial juridical person that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 18.000.000.000 to VND 30.000.000.000 or has its operation suspended for 06 – 36 months;
dd) A commercial juridical person that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
e) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 600.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
12. Amendments to Articles 235, 236, 237, 238 and 239:
“Article 235. Causing environmental pollution
1. A person who commits any of the following acts shall be liable to a fine of from VND 100.000.000 to VND 1.000.000.000 or face a penalty of 02 – 03 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment from 1.000 kg to under 3.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 3.000 kg to under 10.000 kg of other hazardous wastes;
b) Illegally burying, dumping, discharging into the environment from 500 kg to under 1.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 1.500 kg to under 3.000 kg of other hazardous wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
c) Discharging into the environment from 500 m3/day to under 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Discharging into the environment ≥ 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 02 to under 03 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 100 m3/day to under 300 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
dd) Discharging into the environment from 150.000 m3/hour to under 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 100.000 m3/hour to under 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
e) Discharging into the environment ≥ 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 02 to under 03 times or from 100.000 m3/hour to under 150.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 50.000 m3/hour to under 100.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
g) Illegally burying, dumping, discharging into the environment from 100.000 kg to under 200.000 kg of conventional solid wastes or from 70.000 kg to under 100.000 kg of conventional solid wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;
h) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 50 mSv/year to under 200 mSv/year or with a dose rate from 0.0025 mSv/hour to under 0,01 mSv/hour
2. This offence committed in any of the following circumstances carries a fine of from VND 1.000.000.000 to VND 2.000.000.000 or a penalty of 03 – 05 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment from 3.000 kg to under 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 10.000 kg to under 50.000 kg of other hazardous wastes;
b) Discharging into the environment from 5.000 m3/day to under 10.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 500 m3/day to under 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
c) Discharging into the environment from 300.000 m3/hour to under 500.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 150.000 m3/hour to under 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Illegally burying, dumping, discharging into the environment from 200.000 kg to under 500.000 of conventional solid wastes;
dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 200 mSv/year to under 400 mSv/year or with a dose rate from 0,01 mSv/hour to under 0,02 mSv/hour;
e) The offence results in serious consequences.
3. This offence committed in any of the following circumstances carries a fine of from VND 2.000.000.000 to VND 6.000.000.000 or a penalty of 05 – 07 years’ imprisonment:
a) Illegally burying, dumping, discharging into the environment ≥ 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50.000 kg of other hazardous wastes;
b) Discharging into the environment ≥ 10.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or ≥ 5.000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
c) Discharging into the environment ≥ 500.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or ≥ 300.000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 05 times;
d) Illegally burying, dumping, discharging into the environment ≥ 500.000 kg of conventional solid wastes;
dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of ≥ 400 mSv/year or with a dose rate of ≥ 0,02 mSv/hour;
e) The offence results in very serious consequences or extremely serious consequences.
4. The offender might also be liable to a fine of from VND 60.000.000 to VND 400.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 14.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 14.000.000.000 to VND 24.000.000.000 or has its operation suspended for 06 – 24 months;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 24.000.000.000 to VND 40.000.000.000 or has its operation suspended for 01 – 03 years;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 2.000.000.000 to VND 10.000.000.000, banned from operating in certain fields for 01 – 03 years.
Article 236. Offences against regulations on hazardous waste management
1. Any competent person who permits another entity to bury, dump, discharge from 3.000 kg to under 5.000 kg of hazardous wastes containing hazardous constituents above the limits prescribed by law or containing wastes that have to be eliminated in Appendix A of Stockholm Convention on persistent organic pollutants against the law or wastes containing radioactive substances that are radioactive sources of below average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits shall be liable to a fine of from VND 100.000.000 to VND 400.000.000 or face a penalty of up to 02 years’ community sentence or 02 – 03 years’ imprisonment.
2. This offence committed in any of the following circumstances carries a fine of from VND 400.000.000 to VND 2.000.000.000 or a penalty of 03 – 05 years’ imprisonment:
a) The offence involves from 5.000 kg to under 10.000 kg of hazardous wastes containing hazardous constituents above the limits prescribed by law or containing wastes that have to be eliminated in Appendix A of Stockholm Convention on persistent organic pollutants or wastes containing radioactive substances that are radioactive sources of average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources beyond permissible limits;
b) The offence is committed by an organized group;
c) The offence has been committed more than once;
d) Dangerous recidivism.
3. If the offence involves 10.000 kg or more of hazardous wastes containing hazardous constituents above the limits prescribed by law or containing wastes that have to be eliminated in Appendix A of Stockholm Convention on persistent organic pollutants or wastes containing radioactive substances that are radioactive sources of above average danger according to National Technical Regulation on radiation safety and categorization of radioactive sources above permissible limits, the offender shall face a penalty of 05 – 10 years’ imprisonment.
4. The offender might also be liable to a fine of from VND 20.000.000 to VND 300.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
Article 237. Offences against regulations on prevention, response and relief of environmental emergencies
1. A person who commits any of the following acts shall be liable for a fine of from VND 100.000.000 to VND 1.000.000.000, face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) Violations against regulations on prevention of environmental emergencies that lead to an environmental emergency;
b) Violations against regulations on response to environmental emergencies and environmental remediation that lead to serious environmental pollution or causes ≥ 61% WPI for another person or causes a total WPI of 61% – 121% for ≥ 02 people or causes damage assessed at from VND 1.000.000.000 to under VND 3.000.000.000.
2. This offence committed in any of the following circumstances carries a fine of from VND 1.000.000.000 to VND 4.000.000.000 or a penalty of 02 – 07 years’ imprisonment:
a) The offence results in the death of a person;
b) The offence causes a total WPI of 122% – 200% for ≥ 02 people;
c) The damage caused by the offence is assessed at from VND 3.000.000.000 to under VND 7.000.000.000.
3. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence results in the death of 02 or more people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The property damage caused by the offence is assessed at ≥ VND 7.000.000.000.
4. The offender might also be liable to a fine of from VND 20.000.000 to VND 100.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 6.000.000.000 to VND 10.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 10.000.000.000 to VND 20.000.000.000 or has its operation suspended for 01 – 03 years;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 1.000.000.000, banned from operating in certain fields for 01 – 03 years.
Article 238. Offences against regulations on protection of irrigation works, embankments and disaster protection works; offences against regulations on protection of river banks
1. A person who commits any of the following acts which causes ≥ 61% WPI for another person or causes a total WPI of 61% – 121% for ≥ 02 people or causes damage assessed at from VND 100.000.000 to under VND 300.000.000, except in the circumstances specified in Article 303 hereof, shall be liable to a fine of from VND 100.000.000 to VND 600.000.000 or face a penalty of up to 03 years’ community sentence or 03 – 24 months’ imprisonment:
a) Illegally building houses or works within the perimeter of irrigation works, dykes or and disaster protection works;
b) Damaging irrigation works, dykes, and disaster protection works; works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water;
c) Illegally drilling, surveying, extracting soil, stones, sand, gravel, minerals, groundwater;
d) Using explosives, causing explosion or fire within the perimeter of irrigation works, dykes, and disaster protection works, works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water, unless there is a license or in an emergency prescribed by law;
dd) Operating a reservoirs, flood diversion works or flood control work against the procedures or technical regulations, unless it is decided by a competent person.
2. This offence committed in any of the following circumstances carries a fine of from VND 600.000.000 to VND 4.000.000.000 or a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence results in the death of a person;
d) The offence results in bodily harm to ≥ 02 people who suffer from a total WPI of 122% – 200%;
dd) The damage caused by the offence is assessed at from VND 300.000.000 to under VND 1.000.000.000;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence results in the death of 02 or more people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The property damage caused by the offence is assessed at ≥ VND 1.000.000.000.
4. The offender might also be liable to a fine of from VND 20.000.000 to VND 100.000.000 or prohibited from holding certain positions or doing certain jobs for 02 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 600.000.000 to VND 2.000.000.000;
b) A commercial juridical person that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 2.000.000.000 to VND 6.000.000.000;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 10.000.000.000 or has its operation suspended for 01 – 03 years;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 1.000.000.000, banned from operating in certain fields for 01 – 03 years.
Article 239. Bringing wastes into Vietnam’s territory
1. A person who illegally brings wastes into Vietnam’s territory in any of the following circumstances shall be liable to a fine of from VND 400.000.000 to VND 2.000.000.000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) Bringing from 1.000 kg to under 3.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 3.000 kg to under 10.000 kg of other hazardous wastes into Vietnam’s territory;
b) Bringing from 70.000 kg to under 170.000 kg of other wastes into Vietnam’s territory.
2. This offence committed in any of the following circumstances carries a fine of from VND 2.000.000.000 to VND 4.000.000.000 or a penalty of 02 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) Bringing from 3.000 kg to under 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 10.000 kg to under 50.000 kg of other hazardous wastes into Vietnam’s territory;
c) Bringing from 170.000 kg to under 300.000 kg of other wastes into Vietnam’s territory.
3. This offence committed in any of the following circumstances carries a fine of from VND 4.000.000.000 to VND 10.000.000.000 or a penalty of 05 – 10 years’ imprisonment:
a) Bringing ≥ 5.000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50.000 kg of other hazardous wastes into Vietnam’s territory;
b) Bringing ≥ 300.000 kg of other wastes into Vietnam’s territory.
4. The offender might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 10.000.000.000 or has its operation suspended for 06 – 12 months;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 10.000.000.000 to VND 14.000.000.000 or has its operation suspended for 01 – 03 years;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 1.000.000.000, banned from operating in certain fields for 01 – 03 years.”.
13. Amendments to Clause 1 and Clause 4 of Article 240:
a) Amendments to Clause 1:
“1. A person who commits any of the following acts, thereby spreading dangerous infectious diseases in human, shall be liable to a fine of from VND 100.000.000 to VND 400.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;
b) Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;
c) Other acts that spread dangerous infections in human.”;
b) Amendments to Clause 4:
“4. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”.
14. Amendments to Article 241 and Article 242:
“Article 241. Spreading dangerous infectious diseases in animals or plants
1. A person who commits any of the following acts that spread dangerous infectious diseases in animals or plants and causes property damage assessed at from VND 100.000.000 to under VND 500.000.000 or while having incurred an administrative penalty for the same offence shall be liable to a fine of from VND 100.000.000 to VND 400.000.000 or face a penalty of up to 03 years’ community sentence or 06 – 24 months’ imprisonment:
a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are infected or carry pathogens into or out of the epidemic zone, unless otherwise prescribed by law;
b) Bringing or allowing another entity to bring animals, plants or products thereof that are required to undergo quarantine into Vietnam’s territory without following regulations of law on quarantine;
c) Other acts that spread dangerous infectious diseases in animals or plants.
2. This offence committed in any of the following circumstances carries a penalty of 02 – 05 years’ imprisonment:
a) The property damage caused by the offence is assessed at from VND 500.000.000 to under VND 1.000.000.000;
b) The offence results in a declaration of an epidemic by the President of the People’s Committee of a province.
3. This offence committed in any of the following circumstances carries a penalty of 03 – 07 years’ imprisonment:
a) The property damage is ≥ VND 1.000.000.000;
b) The offence results in a declaration of an epidemic by the Minister of Agriculture and Environment.
4. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
Article 242. Destruction of aquatic resources
1. A person who violates regulations on protection of aquatic resources in any of the following circumstances and causes a loss of aquatic resources assessed at from VND 100.000.000 to under VND 500.000.000 or extracts a quantity of aquatic products assessed at from VND 50.000.000 to under VND 200.000.000 or does it while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence shall be liable to a fine of from VND 100.000.000 to VND 600.000.000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) Using poisons, explosives, chemicals, electricity or banned fishing for fishing or destructing aquatic resources;
b) Fishing in a banned area or a temporarily banned area as prescribed by law;
c) Extracting species banned from fishing, except in the circumstances specified in Article 244 hereof;
d) Destroying the habitat of aquatic species on the list of endangered species;
dd) The offence causes ≥ 61% WPI for another person;
e) The offence causes a total WPI of 61% – 121% for ≥ 02 people;
g) Violations against other regulations of law on protection of aquatic resources.
2. This offence committed in any of the following circumstances carries a fine of from VND 600.000.000 to VND 2.000.000.000 or a penalty of 03 – 05 years’ imprisonment:
a) The offence causes a loss of aquatic resources assessed at from VND 500.000.000 to under VND 1.500.000.000 the a quantity of aquatic products extracted is assessed at from VND 200.000.000 to under VND 500.000.000;
b) The offence results in the death of a person;
c) The offence causes a total WPI of 122% – 200% for ≥ 02 people.
3. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence causes a loss of aquatic resources assessed at ≥ VND 1.500.000.000, or the extracted quantity of aquatic products is assessed at ≥ VND 500.000.000;
b) The offence results in the death of 02 or more people;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%.
4. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 600.000.000 to VND 2.000.000.000;
b) A commercial juridical person that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 2.000.000.000 to VND 6.000.000.000;
c) A commercial juridical person that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 10.000.000.000 or has its operation suspended for 06 – 36 months;
d) The violating commercial juridical person might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
15. Amendments to Clauses 1, 4 and 5 of Article 243:
a) Amendments to Clause 1:
“1. Any person who sets fire to or destroys forests or otherwise inflicts damage to forests in any of the following circumstances shall be liable to a fine of from VND 100.000.000 to VND 1.000.000.000 or face a penalty of up to 03 years’ community sentence or 01 – 05 years’ imprisonment:
a) The offence involves an area of from 30.000 m2 to under 50.000 m2 of immature forests or contained cultivation site;
b) The offence involves an area of from 5.000 m2 to under 10.000 m2 of production forest;
c) The offence involves an area of from over 3.000 m2 to under 7.000 m2 of protection forest;
d) The offence involves an area of from 1.000 m2 to under 3.000 m2 of specialized forest;
dd) The offence causes a loss of forest products assessed at from VND 50.000.000 to under VND 100.000.000 in case it is not possible to determine the area of destroyed forest;
e) The offence involves plants on the list of endangered species or plants in Group IA assessed at from VND 20.000.000 to under VND 60.000.000; plants in Group IIA assessed at from VND 40.000.000 to under VND 100.000.000;
g) The destroyed forest area or volume of forest products is below the levels specified in Points a, b, c, d, dd and e Clause 1 of this Article but the offender has incurred an administrative penalty for any of the offence specified in this Article or has an unspent conviction for the same offence.”.
b) Amendments to Clause 4 and Clause 5:
“4. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1.000.000.000 to VND 4.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, c, d, dd, e, g, h and i Clause 2 of this Article shall be liable to fine of from VND 4.000.000.000 to VND 10.000.000.000;
c) A commercial juridical person that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 10.000.000.000 to VND 14.000.000.000 or has its operation suspended for 06 – 36 months;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
16. Amendments to Clauses 1, 4 and 5 of Article 244:
a) Amendments to Clause 1:
“1. Any person who violates regulations on protection of animals on the List of endangered and rare species; animals in Group IB or in Appendix I of CITES in any of the following circumstances shall be liable to a fine of from VND 1.000.000.000 to VND 4.000.000.000 or face a penalty of 01 – 05 years’ imprisonment:
a) Illegal hunting, killing, imparking, transport, trading of animals on the list of endangered and rare species;
b) Illegal possession, transport, trading of vital body parts or products of animals specified in Point a of this Clause;
c) Illegal possession, transport, trading of from 02 kg to under 20 kg of elephant tusks; from 0.05 kg to under 01 kg of rhino horns;
d) Illegal hunting, killing, raising, imparking, transport, trading of Group IB animals or animals in Appendix I of CITES other than those specified in Point a of this Clause involving 03 – 07 individuals of class mammalia, 07- 10 individuals of class aves or class reptilia or 10 – 15 individuals of other classes;
dd) Illegal possession, transport, trading of 03 – 07 individuals of class mammalia or vital body parts thereof, 07 – 10 individuals of class aves or class reptilia or vital body parts thereof, or 10 -15 individuals of other classes specified in Point d of this Clause or vital body parts thereof;
e) Illegal hunting, killing, raising, imparking, transport, trading of animals; illegal possession, transport, trading of animals, vital body parts or products thereof below the lower limit specified in Point c through dd of his Clause while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence.”;
b) Amendments to Clause 4 and Clause 5:
“4. The offender might also be liable to a fine of from VND 100.000.000 to VND 400.000.000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.
5. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 10.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Points a, b, c, d, dd, g, h, i and k Clause 2 of this Article shall be liable to fine of from VND 10.000.000.000 to VND 20.000.000.000;
c) A commercial juridical person that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 20.000.000.000 to VND 30.000.000.000 or has its operation suspended for 06 – 36 months;
d) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating commercial juridical person might also be liable to a fine of from VND 600.000.000 to VND 1.200.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
17. Amendments to Article 245 and Article 246:
“Article 245. Offences against regulations on management of wildlife sanctuaries
1. Any person who violates regulations on wildlife sanctuaries in any of the following circumstances shall be liable to a fine of from VND 100.000.000 to VND 600.000.000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) The property damage caused by the offence is assessed at from VND 50.000.000 to under VND 200.000.000;
b) The offence results in damage to the landscape, ecology in the strictly restricted sector of the wildlife sanctuary with a total area of from 300 m2 to under 500 m2;
c) The offender has incurred an administrative penalty for the same offence or has an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a penalty of 03 – 07 years’ imprisonment:
a) The property damage is ≥ VND 200.000.000;
b) The offence results in damage to the landscape, ecology in the strictly restricted sector of the wildlife sanctuary with a total area of ≥ 500 m2;
c) The offence is committed by an organized group;
d)The offence involves the use of banned instruments or methods;
dd) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 20.000.000 to VND 200.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
4. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 600.000.000 to VND 2.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000 or has its operation suspended for 06 – 36 months;
c) A commercial juridical person that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;
d) The violating commercial juridical person might also be liable to a fine of from VND 100.000.000 to VND 1.000.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.
Article 246. Importing, spreading invasive species
1. A person who commits any of the following acts shall be liable to a fine of from VND 200.000.000 to VND 2.000.000.000 or face a penalty of up to 03 years’ community sentence or 01 – 05 years’ imprisonment:
a) Illegally importing invasive species or potentially invasive species assessed at from VND 250.000.000 to under VND 500.000.000 or under VND 250.000.000 but the offender has incurred an administrative penalty for the same offence;
b) Spreading invasive species or potentially invasive species that causes property damage assessed at from VND 150.000.000 to under VND 500.000.000.
2. This offence committed in any of the following circumstances carries a penalty of 03 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) Illegally importing invasive alien species or potentially invasive species assessed at ≥ VND 500.000.000;
c) Spreading invasive species or potentially invasive species that causes property damage assessed at ≥ VND 500.000.000;
d) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 100.000.000 to VND 1.000.000.000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
4. Punishments incurred by a commercial juridical person that commits any of the offences specified in this Article:
a) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 2.000.000.000 to VND 6.000.000.000;
b) A commercial juridical person that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 6.000.000.000 to VND 10.000.000.000 or has its operation suspended for 06 – 36 months;
c) The violating commercial juridical person might also be liable to a fine of from VND 200.000.000 to VND 2.000.000.000, be banned from operating in certain fields or raising capital for 01 – 03 years.”.
18. Amendments to Articles 248, 249, 250, 251 and 252:
“Article 248. Illegal manufacturing of narcotic substances
1. Any person who manufactures narcotic substances in any shape of form shall face a penalty of 03 – 07 years’ imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves the abuse of the offender’s position or power;
d) The offence is committed in the name of an agency or organization;
dd) The offence involves a quantity of from 500 g to under 01 kg of opium poppy resin, cannabis resin, or coca glue;
e) The offence involves a quantity of from 05 g to under 30 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
g) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;
h) The offence involves a quantity of from 100 ml under 200 ml of other liquid narcotic substances;
i) Dangerous recidivism;
k) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point dd through h of this Clause.
3. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment:
a) The offence is committed in a professional manner;
b) The offence involves a quantity of from 01 kg to under 05 kg of opium poppy resin, cannabis resin, or coca glue;
c) The offence involves a quantity of from 30 g to under 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
d) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
dd) The offence involves a quantity of from 200 ml under 750 ml of other liquid narcotic substances;
e) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through dd of this Clause.
4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of from 05 kg to under 30 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 100 g to under 03 kg of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves a quantity of from 300 g to under 09 kg of other solid narcotic substances;
d) The offence involves a quantity of from 750 ml to under 22.000 ml of other liquid narcotic substances;
dd) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through d of this Clause.
5. This offence committed in any of the following circumstances carries a penalty of life imprisonment or death:
a) The offence involves a quantity of ≥ 30 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 03 kg of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves a quantity of ≥ 09 kg of other solid narcotic substances;
d) The offence involves a quantity of ≥ 22.000 ml of other liquid narcotic substances;
dd) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through d of this Clause.
6. The offender might also be liable to a fine of from VND 5.000.000 to VND 500.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
Article 249. Illegal possession of narcotic substances
1. Any person who illegally possesses narcotic substances for purposes other than illegal trade, trafficking, production of narcotic substances in any of the following circumstances shall face a penalty of 03 – 05 years’ imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Articles 248, 250, 251, 252 and 256a hereof;
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;
c) The offence involves a quantity of from 0,1 g to under 05 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;
g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;
h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;
i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.
2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves the abuse of the offender’s position or power;
d) The offence is committed in the name of an agency or organization;
dd) The offence involves employment of a person under 16 for commission of the offence;
e) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;
g) The offence involves a quantity of from 05 g to under 30 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
h) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
i) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;
k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;
l) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;
m) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;
n) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.
o) Dangerous recidivism;
3. This offence committed in any of the following circumstances carries a penalty of 10 – 15 years’ imprisonment:
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 30 g to under 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
4. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
5. The offender might also be liable to a fine of from VND 5.000.000 to VND 500.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
Article 250. Illegal transport of narcotic substances
1. Any person who illegally transports narcotic substances for purposes other than illegal production, trading, possession of narcotic substances in any of the following circumstances shall face a penalty of 03 – 07 years’ imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Articles 248, 249, 251, 252 and 256a hereof;
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;
c) The offence involves a quantity of from 0,1 g to under 05 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;
g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;
h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;
i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.
2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves the abuse of the offender’s position or power;
d) The offence is committed in the name of an agency or organization;
dd) The offence involves employment of a person under 16 for commission of the offence;
e) The offence is committed across the border;
g) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;
h) The offence involves a quantity of from 05 g to under 30 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
i) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;
l) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;
m) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;
n) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;
o) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point g through n of this Clause.
p) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment:
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 30 g to under 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
5. The offender might also be liable to a fine of from VND 5.000.000 to VND 500.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
Article 251. Illegal deal in narcotic substances
1. Any person who illegally deals in narcotic substances shall face a penalty of 03 – 07 years’ imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) Narcotic substances are traded with ≥ 02 people;
d) The offence involves the abuse of the offender’s position or power;
dd) The offence is committed in the name of an agency or organization;
e) The offence involves employment of a person under 16 for commission of the offence;
g) The offence is committed across the border;
h) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;
i) The offence involves a quantity of from 05 g to under 30 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
k) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;
m) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;
n) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;
o) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;
p) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point h through o of this Clause;
q) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment:
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 30 g to under 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of from 05 kg to under 30 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 100 g to under 03 kg of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves from 75 kg to under 150 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of from 600 kg to under 1.200 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 150 kg to under 300 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 300 g to under 09 kg of other solid narcotic substances;
g) The offence involves a quantity of from 750 ml under 22.000 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
5. This offence committed in any of the following circumstances carries a penalty of life imprisonment or death:
a) The offence involves a quantity of ≥ 30 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 03 kg of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves ≥ 150 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of ≥ 1.200 kg of dried opium poppy fruits;
dd) The offence involves a quantity of ≥ 300 kg of fresh opium poppy fruits;
e) The offence involves a quantity of ≥ 09 kg of other solid narcotic substances;
g) The offence involves a quantity of ≥ 22.000 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
6. The offender might also be liable to a fine of from VND 5.000.000 to VND 500.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
Article 252. Appropriation of narcotic substances
1. Any person who appropriates narcotic substances in any shape or form in any of the following circumstances shall face a penalty of 01 – 05 years’ imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Articles 248, 249, 250, 251 and 256a hereof;
b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;
c) The offence involves a quantity of from 0,1 g to under 05 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;
e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;
g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;
h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;
i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.
2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves the abuse of the offender’s position or power;
d) The offence is committed in the name of an agency or organization;
dd) The offence involves employment of a person under 16 for commission of the offence;
e) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;
g) The offence involves a quantity of from 05 g to under 30 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
h) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
i) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;
k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;
l) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;
m) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;
n) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.
o) Dangerous recidivism;
3. This offence committed in any of the following circumstances carries a penalty of 10 – 15 years’ imprisonment:
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 30 g to under 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
4. This offence committed in any of the following circumstances carries a penalty of 15 – 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 100 g of Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA or XLR-11;
c) The offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
5. The offender might also be liable to a fine of from VND 5.000.000 to VND 500.000.000 or prohibited from holding certain positions or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.
19. Amendments to Clause 1 Article 255:
“1. Any person who facilitates the use of narcotic substances in any shape of form shall face a penalty of 03 – 07 years’ imprisonment.”.
20. Addition of Article 256a after Article 256:
“Article 256a. Illegal use of narcotic substances
1. Any person who illegally uses narcotic substances in any of the following circumstances shall face a penalty of 02 – 03 years’ imprisonment:
a) The act is committed during the period of narcotic substance rehabilitation or opioid substitution therapy as prescribed by the Law on Prevention and Control of Narcotic Substances;
b) The act is committed during the period of post-rehabilitation management as prescribed by the Law on Prevention and Control of Narcotic Substances;
c) The act is committed within 02 years after the expiration of the period of post-rehabilitation management and during the period of drug user management as prescribed by the Law on Prevention and Control of Narcotic Substances;
d) The act is committed within 02 years after voluntary rehabilitation or opioid substitution therapy is stopped without permission or as prescribed by the Law on Prevention and Control of Narcotic Substances.
2. A person that repeats this offence shall face a penalty of 03 – 05 years’ imprisonment.”.
21. Amendments to Clauses 1, 2 and 5 of Article 317:
a) Amendments to Clause 1 and Clause 2:
“1. A person who commits any of the following violations against regulations of law on food safety shall be liable to a fine of from VND 100.000.000 to VND 400.000.000 or face a penalty of 02 – 05 years’ imprisonment:
a) Using substances, chemicals, antibiotics, veterinary medicines, plant protection chemicals, food additives or food processing aids in the knowledge that they are banned or are not on the list of permissible substances for food production to produce an amount of foods assessed at from VND 10.000.000 to under VND 100.000.000 or while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;
b) Using animals that died of diseases or epidemics or animals that have to be burned for production of foods; selling foods in the knowledge that they are derived from animals that died of diseases or epidemics or animals that have to be burned with an amount of illegal products assessed at from VND 10.000.000 to under VND 100.000.000 or while having incurred a administrative penalty for any of the offence specified in this Article or having an unspent conviction for the same offence ;
c) Using substances, chemicals, antibiotics, veterinary medicines, plant protection chemicals, food additives or food processing aids in the knowledge that they have not been permitted in Vietnam for food production to produce an amount of foods assessed at from VND 100.000.000 to under VND 300.000.000 or produce an amount of foods assessed at from VND 50.000.000 to under VND 100.000.000 while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;
d) Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 10.000.000 to under VND 100.000.000 or illegal profit from VND 5.000.000 to under VND 20.000.000 or while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;
dd) Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 100.000.000 to under VND 300.000.000 or illegal profit from VND 50.000.000 to under VND 100.000.000; the amount of illegal products assessed at from VND 50.000.000 to under VND 100.000.000 or illegal profit from VND 20.000.000 to under VND 50.000.000 while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;
e) Committing any of the offences specified in Point a through dd of this Clause; processing, supplying or selling food in the knowledge that it does not comply with technical regulations or regulations on food safety and as a result causing serious food poisoning for 05 – 20 people or causing 31% – 60% WPI for another person.
2. This offence committed in any of the following circumstances carries a fine of from VND 400.000.000 to VND 1.000.000.000 or a penalty of 03 – 07 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence results in the death of a person;
c) The offence causes serious food poisoning for 21 – 100 people;
d) The offence causes ≥ 61% WPI for another person;
dd) The offence causes a total WPI of 61% – 121% for ≥ 02 people;
e) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 100.000.000 to under VND 300.000.000 or the illegal profit earned is from VND 20.000.000 to under VND 100.000.000;
g) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 100.000.000 to under VND 300.000.000;
h) The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at from VND 300.000.000 to under VND 500.000.000 or the illegal profit earned is from VND 100.000.000 to under VND 200.000.000;
i) Dangerous recidivism.”;
b) Amendments to Clause 5:
“5. The offender might also be liable to a fine of from VND 40.000.000 to VND 200.000.000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”.
22. Amendments to Clause 4 and Clause 5 of Article 353:
“4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The property embezzled is assessed at ≥ VND 1.000.000.000;
b) The property damage caused by the offence is assessed at ≥ VND 5.000.000.000.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 60.000.000 to VND 200.000.000 or have part or all of his/her property confiscated.”.
23. Amendments to Clause 4 and Clause 5 of Article 354:
“4. This offence committed in any of the following circumstances carries a penalty of 20 years’ imprisonment or life imprisonment:
a) The bribe is money, property or other tangible benefits and assessed at ≥ VND 1.000.000.000;
b) The property damage caused by the offence is assessed at ≥ VND 5.000.000.000.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 60.000.000 to VND 200.000.000 or have part or all of his/her property confiscated.”.
24. Amendments to Clause 5 Article 355:
“5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 60.000.000 to VND 200.000.000 or have part or all of his/her property confiscated.”.
25. Amendments to Clause 4 Article 356:
“4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 20.000.000 to VND 200.000.000.”.
26. Amendments to Clause 5 Article 357:
“5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 20.000.000 to VND 200.000.000.”.
27. Amendments to Clause 5 Article 358:
“5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 60.000.000 to VND 200.000.000.”.
28. Amendments to Clause 5 Article 359:
“5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 – 05 years, liable to a fine of from VND 20.000.000 to VND 200.000.000.”.
29. Amendments to Clause 1 Article 421:
“1. Any person who advocates or provokes a war of aggression or prepares, carries out or participates in a war of aggression against the independence, sovereignty and territorial integrity of a nation or sovereign territory shall face a penalty of 12 – 20 years’ imprisonment, or life imprisonment.”.
Article 2. Amendments to some Articles of relevant Laws
1. Amendment, replacement, annulment of some Articles, Clauses and Points of the Law on Execution of Criminal Judgments No. 41/2019/QH14, which is amended by Law No. 59/2024/QH15:
a) Amendments to Point b Clause 2 of Article 68:
“b) The parolee obtains a permission from the commune-level police authority if he/she changes his/her place of residence within a province or from the criminal judgment execution agency of provincial police department if he/she changes his/her place of residence beyond the scope of a province.”;
b) Amendments to Point c Clause 4 of Article 82:
“c) The president of the death sentence execution council shall announce the death sentence execution decision, the non-appeal decision of the Chief Justice of the Supreme People’s Court and the non-appeal decision of the Chief Procurator of the Supreme People’s Procuracy, the decision of the Council of Judges of the Supreme People’s Court rejecting the appeal of the Chief Justice of the People’s Supreme Court or the Chief Procurator of the Supreme People’s Procuracy, a competent authority’s notification of no commutation of death sentence.
Immediately after the president of the death sentence execution council announces the decisions, the criminal execution and judicial assistance police or judicial guard shall hand over these decisions to the person to be executed for reading. If such person does not know Vietnamese or cannot read these decisions, the death sentence execution council shall appoint a person to read or translate these decisions to such person. The process of announcing and reading the decisions shall be photographed, recorded in video or audio and included in the death sentence execution dossier;”;
c) Amendments to Clause 1 of Article 115:
“1. When having a plausible reason, a person subject to mandatory supervision may be permitted to leave his/her place of mandatory supervision. The competence to grant permission is as follows:
a) The Chief of the commune-level police authority in charge of the place of mandatory supervision shall grant permission for travel within the province;
b) The head of the criminal judgment execution agency of the provincial police department shall grant permission for travel out of the province.”;
d) The phrase “Tòa án nhân dân cấp tỉnh” (“the People’s Court of the province”) is replaced with “Tòa án nhân dân khu vực” (“the People’s Court of the region”) in Clause 3 of Article 36, Clause 3 of Article 55 and Clause 1 of Article 136;
dd) The phrase “Tòa án nhân dân cấp huyện” (“the People’s Court of the province”) is replaced with “Tòa án nhân dân khu vực” (“the People’s Court of the region”) in Clause 4 of Article 90, Clauses 1, 3 and 5 of Article 93, Clause 1 of Article 102, Clause 4 of Article 103;
e) The phrase “Ủy ban nhân dân cấp huyện” (“the People’s Committee of the district”) is replaced with “Ủy ban nhân dân cấp tỉnh” (“the People’s Committee of the province”) in Point d Clause 1 of Article 192;
g) Point d Clause 1 of Article 80, Point c Clause 1 or Article 192, and Article 205 are annulled.
2. c) Amendments to some Articles and Clauses of the Law on Pardon No. 30/2018/QH14:
a) Amendments to Clause 2 of Article 9:
“2. After being publicized, the decision on pardon shall be posted up at prisons or temporary detention camps.”;
b) Amendments to Point a Clause 1 of Article 11:
”a) He/she has made considerable progress in and had a growing awareness of rehabilitation, and have been ranked as good or excellent as decided by the State President in every pardon;”;
c) Amendments to Point a Clause 3 of Article 11:
“a) He/she has recorded exploits during the time of serving their imprisonment sentences, with certification by the prison, temporary detention camp, or another competent authority;”;
d) Amendments to Point g Clause 3 of Article 11:
“g) She is pregnant or has a child under 36 months of age who is living with her in the prison or temporary detention camp;”;
dd) Amendments to Clauses 1, 2, 3 and 4 or Article 15:
“1. Promptly after a decision on pardon is received, the prison or temporary detention camp shall post it up and notify prisoners of such a decision.
Within 05 days from the date on which the decision on pardon is posted up and notified, a termed prisoner or life prisoner already commuted to termed prisoner prescribed in Article 11 and Article 12 of this Law is entitled to make a petition for pardon.
2. Within 10 days from the date on which the decision on pardon is posted up and notified, lists and dossiers of eligible pardon petitioners are elaborated as follows:
a) The superintendent of a prison affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the Inter-Branch Appraisal Group;
b) The superintendent of a temporary detention camp affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the head of its superior body, which are forwarded to the Inter-Branch Appraisal Group thereafter;
c) The superintendent of a temporary detention camp affiliated to the provincial police department shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of the provincial police department, which will be forwarded to the Inter-Branch Appraisal Group thereafter;
d) With regard to a convict who has been serving the sentence in a prison or temporary detention camp and extracted for investigation, prosecution or trial purposes but has not been prosecuted for other criminal offenses, if he/she is fully eligible for a pardon, the Superintendent of the prison or temporary detention camp in charge of his/her original case file shall prepare a petition for pardon for him/her. If the Superintendent of the temporary detention camp that admits the extracted person but does not manage his/her original case file shall cooperate with the agency in charge of such original case file in preparing a petition for pardon;
dd) The superintendent of a prison or temporary detention camp affiliated to the Ministry of National Defense or the Head of criminal enforcement agency of military zone shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of the Ministry of National Defense, which are forwarded to the Inter-Branch Appraisal Group thereafter.
3. Within 15 days from the date on which the decision on pardon is publicized or announced on the means of mass media, the Chief Judge of People’s Court who has issued decisions on suspension of imprisonment sentence shall notify this decision on pardon to those who have benefited these suspension decisions, and then submit a list of eligible pardon petitioners together with their dossiers to the Inter-Branch Appraisal Group.
If the person who has benefited an imprisonment suspension has resided in a place beyond the administrative division of the Court which issued such suspension decision, this Court shall notify the People’s Court or Military Court in charge of the region where such person resides of including this person in the list of eligible pardon petitioners and preparing the pardon petition dossier, and then submitting them to the Inter-Branch Appraisal Group.
4. The superintendent of prison or temporary detention camp, the Chief Judge of the People’s Court of the province and the Chief Judge of Military Court of military zone shall notify and post up the list of pardon petitioners.”;
e) Amendments to Article 18:
“Article 18. Implementation of pardon decisions
1. The Office of the State President shall take charge and cooperate with relevant agencies in announcing pardon decisions. The pardon decision shall be publicized and announced on the mass media.
The pardon decision and list of pardon recipients shall be posted up at prisons and temporary detention camps where the pardon recipients have been serving their sentences and sent to the People’s Committee of commune or military unit where they are going to reside or serve; if a pardon recipient has benefited an imprisonment suspension, the People’s Committee of commune or military unit in charge shall be notified in writing.
2. Superintendents of prisons, temporary detention camps, the Head of criminal enforcement agency of military zone, the Chief Judge of the People’s Court of the province and the Chief Judge of Military Court of military zone shall announce and grant the pardon decision to pardon recipients.
3. Superintendents of prisons, detention centers affiliated to the Ministry of Public Security, the Ministry of National Defense; superintendents of temporary detention camps affiliated to military zone shall grant certificates of pardon to those having served their sentences in prisons, temporary detention camps who are offered pardon.
The Head of criminal enforcement agency of the provincial police department shall grant certificates of pardon to those having served their sentences in temporary detention camps of the provincial police department who are offered pardon.
The Head of criminal enforcement agency of military zone shall grant certificates of pardon to those having served their sentences in detention centers of military zone who are offered pardon.
The Chief Judge of the People’s Court of the province, the Chief Judge of Military Court of military zone shall grant certificates of pardon to those having benefited imprisonment suspension who are offered pardon.
4. Holders of certificates of pardon shall send copies of these certificates to the Court that issued the judgment enforcement decision, the agency in charge of enforcement of additional penalties, the civil enforcement agency which issued the certification of the judgment debtor’s incapacity to satisfy the judgment debt, the criminal enforcement agency affiliated to Commune Public Security, the People’s Committee of commune, military unit where the pardon recipient is going to reside or serve, and the unit that receives the extracted person.
If the place where the pardon recipient is going to reside is not identifiable, the issuing agency of the certificate of pardon shall contact with Commune Public Security or military unit to receive the pardon recipient and send a copy of certificate to that People’s Committee of commune or military unit.”;
g) Amendments to Clause 1 of Article 27:
“1. Take charge and cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, the Central Committee of the Vietnam Fatherland Front, the Ministry of Justice and concerned agencies in, inspecting pardon activities in prisons and detention centers, and criminal enforcement agencies affiliated to the provincial police department.”;
h) Amendments to Clause 2 of Article 29:
“2. Guide, inspect and urge People’s Courts of provinces and regions, Military Courts of military zones and regions to make lists of pardon petitioners and dossiers thereof and effect the decisions on pardon, pardon decisions in accordance with this Law.”;
i) Amendments to Clause 1 of Article 31:
“1. Direct civil enforcement agencies to cooperate with prisons, detention centers, criminal enforcement agencies affiliated to the provincial police department, criminal enforcement agencies of military zones, the People’s Courts of provinces and regions, Military Courts of zones and regions, the People’s Procuracies of provinces and regions, the Military Procuracies of military zones and regions in:
a) Providing information and documents related to obligations to civil matters in the criminal judgment of eligible pardon petitioners;
b) Receiving, transferring documents, money, property that the judgment debtor gives as a fine, confiscation, restitution and other civil obligations.”.
3. Amendments to, replacement and annulment of some Articles, Clauses and Points of the Law on Prevention of Human Trafficking No. 53/2024/QH15:
a) Amendments to Article 27 and Article 28:
“Article 27. Reception and verification of persons filing a report
1. Any person who has grounds to believe they are a victim, or a legal representative who has grounds to believe the person they represent is a victim, may report the trafficking to the commune-level People’s Committee, Public Security forces, Border Defense forces, Coast Guard forces, or the nearest agency or organization. Public Security forces, Border Defense forces, Coast Guard forces, and other agencies receiving the report are responsible for immediately bringing the individual to the commune-level People’s Committee where the agency or organization is headquartered. The commune-level People’s Committee must promptly notify the provincial health authority. Where necessary, the receiving commune-level People’s Committee shall provide support as prescribed in Chapter V of this Law.
2. Upon receiving a notification from the commune-level People’s Committee, the provincial health authority shall immediately proceed with the reception and support process and, within 03 days, cooperate with the police department of the province or city (hereinafter referred to as “provincial police department”) to conduct preliminary information verification.
If no documents or materials specified in Clause 1, Article 33 of this Law are available after the initial verification, the provincial health authority shall request the provincial police department to verify the victim’s status.
3. Within 20 days from the date of receiving a request from the provincial health authority, the provincial police department shall verify the victim’s status and providing a written response to the requesting agency.
If the case is complicated, the verification period may be longer but must not exceed two months; if the victim cannot be identified within this time, the period may be extended, but the total verification period shall not exceed four months.
4. Immediately after obtaining the verification results or upon the expiration of the deadlines specified in Clause 3 of this Article, the provincial police department must issue one of the documents specified in Point a Clause 1 Article 33 of this Law.
5. After reception, the provincial health authority shall provide support to the victim or the person undergoing victim identification as prescribed in Chapter V of this Law. If the victim wishes to return to their place of residence, travel expenses shall be provided. If they require health or psychological care or their residence is not identified but they wish to stay, they shall be transferred by the provincial health authority to a social assistance facility or a victim support facility.
For victims or persons undergoing victim identification who are children, the provincial health authority must notify their family to receive them or arrange for them to be escorted to the residence of their family. If the child has no shelter or there are grounds to believe they may face danger upon returning to their family, they shall be transferred to a social assistance facility or a victim support facility.
6. The Government shall elaborate this Article.
Article 28. Reception and verification of rescued victims
1. Competent agencies, units, or individuals in the People’s Public Security and People’s Army who rescue victims must provide first aid and emergency care if they sustain injuries or health damage, support their essential needs, arrange interpretation services, and promptly transfer them to the nearest provincial health authority where they were rescued.
The rescue agency is responsible for verifying and issuing confirmation letters as specified in Point a, Clause 1, Article 33 of this Law for the rescued individual. If there are insufficient grounds to identify the person as a victim, the provincial health authority, after receiving the individual, shall request the provincial police department to verify the victim’s status. The verification period and the issuance of confirmation letters shall follow the provisions of Clauses 3 and 4 Article 27 of this Law.
2. After receiving the individual, the provincial health authority shall provide support for the rescued person as stipulated in Clause 5 Article 27, and Chapter V of this Law.
3. The Government shall elaborate this Article.”;
b) Amendments to Article 30 and Article 31:
“Article 30. Reception and verification of victims returning from abroad
1. The reception, verification, and support for victims returning from abroad through Vietnamese overseas representative missions shall be carried out as follows:
a) Vietnamese overseas representative missions shall receive and handle information and documents regarding the victim, coordinate with the competent authority of the Ministry of Public Security to verify the victim’s identity, issue necessary documents, and complete procedures for their return to Vietnam;
b) Competent authorities of the Ministry of Public Security and Ministry of National Defense shall receive the victim, conduct verification, and issue one of the documents or materials confirming victim status as requested by the Vietnamese overseas representative mission under Clause 3, Article 29 of this Law. They shall also provide essential needs support, interpretation services, and medical assistance if necessary, and promptly transfer the victim to the health authority of the province where they are received for support as prescribed in Chapter V of this Law.
If the victim wishes to return to their place of residence, travel expenses shall be provided. If they require health or psychological care or their residence is not identified but they wish to stay, they shall be transferred to a social assistance facility or a victim support facility.
For child victims, the provincial health authority shall notify their families to receive them or arrange for their transfer to their family’s residence. If the child has no shelter or there are grounds to believe returning to his/her family can endanger him/her, the child shall be transferred to a social assistance facility or a victim support facility.
2. The reception of individuals returning to Vietnam under bilateral international agreements related to human trafficking prevention and combat shall follow the provisions of such agreements.
Competent authorities receiving the individuals shall verify their status within the timeframe specified in Clause 3, Article 27 of this Law, issue the necessary documents under Clause 1, Article 33 of this Law, provide essential needs support, medical assistance, and interpretation services if necessary, and promptly transfer them to the provincial health authority for support under Chapter V of this Law.
3. The Government shall elaborate this Article.
Article 31. Reception, verification, rescue, and repatriation of foreign victims trafficked in Vietnam
1. Upon receiving information or documents about a foreign national trafficked in Vietnam, provided by competent foreign authorities, international organizations, domestic agencies, organizations, or individuals reporting the case, the receiving agency or organization must immediately notify the police department of the province where the foreign national is located to conduct verification and rescue.
If foreign nationals showing signs of trafficking are identified through professional operations, or if a foreign national self-reports as a victim, competent authorities in the People’s Public Security and People’s Army shall conduct rescue and verification.
Once there is sufficient evidence confirming the individual as a victim, the rescue or receiving agency shall issue a confirmation letter under Clause 1, Article 33 of this Law before transferring the victim.
2. After receiving or rescuing a foreign victim, the competent authority specified in Clause 1 of this Article shall provide first aid and emergency care if the victim is injured or has health issues, meet their essential needs, arrange interpretation services, and transfer the individual to the health authority of the same province as the receiving agency is located or where the victim was rescued.
3. Upon receiving the foreign victim, the provincial health authority shall provide support as prescribed in Chapter V of this Law and notify the province-level foreign affairs agency and the Immigration Management Division of the provincial police department to arrange for the victim’s repatriation to their country of citizenship or habitual residence.
4. Upon receiving a diplomatic note from a foreign representative mission in Vietnam agreeing to the repatriation of a victim who is their citizen or habitual resident, along with valid exit and entry documents issued to the victim, the Ministry of Foreign Affairs shall coordinate with the foreign counterpart on repatriation arrangements and notify the Ministry of Public Security in writing, transferring the necessary exit and entry documents.
5. The competent authority of the Ministry of Public Security shall issue visas or temporary residence permits for the victim, notify the Immigration Management Division of the provincial police department, the health authority of the province where the victim is housed, and relevant border gate authorities and international organizations to coordinate the victim’s repatriation.
6. The provincial health authority managing the victim shall instruct social assistance or victim support facilities to escort the victim to the border gate and coordinate with relevant agencies to complete the repatriation process.
7. The Government shall elaborate this Article.”;
c) Amendments to Point a Clause 2 of Article 33:
“a) Provincial police departments prescribed in Clause 4 Article 27 and Clause 1 Article 28 of this Law;”;
d) Amendments to Clause 4 of Article 46:
“4. Provincial health authorities shall provide support for travel costs, interpretation, medical assistance, psychological support, education, vocational training, counseling, employment facilitation, initial hardship allowances, and loan assistance.”;
dd) Amendments to Article 53:
“Article 53. Responsibilities of the Ministry of Health
1. Promulgate or propose promulgation of legislative documents on support policies for victims and people undergoing victim identification.
2. Provide guidance, manage and inspect the processes of support for victims and people undergoing victim identification.
3. Provide guidance on medical treatment and psychological support for victims.
4. Receive information about human trafficking at the national hotline for preventing and combating human trafficking
5. Take charge and cooperate with the Ministry of Public Security in instructing healthcare facilities to identify, report, and provide information on suspected cases of human trafficking, organ trafficking, or agreements to traffic humans from the fetal stage.
6. Seek international cooperation in preventing and fighting human trafficking within its jurisdiction.”;
e) The phrase “xã, phường, thị trấn” (“communes, wards, commune-level towns”) is replaced with “xã, phường, đặc khu” (“communes, wards, special zones”) in Clause 1 of Article 22;
g) The word “inspect” in Clause 2 Article 55 is removed;
h) Article 52 is annulled.
4. Amendment, replacement, annulment of some Articles, Clauses and Points of the Law on People’s Public Security Force No. 37/2018/QH14, which is amended by Law No. 21/2023/QH15, Law No. 30/2023/QH15, Law No. 38/2024/QH15 and Law No. 52/2024/QH15:
a) Amendments to Clauses 5, 6 and 7 of Article 16:
“5. Manage the protection of national security and state secrets; preside over managing immigration, transit and stay of foreigners in Vietnam; control cross-border entry and exit of Vietnamese citizens under provisions of laws; control cross-border entry, exit and transit in accordance with laws; manage and maintain aviation security;
perform the tasks of protection of national security, maintenance of social order and safety at border areas; cooperate with the People’s Army, concerned sectoral administrations and local authorities in the management and protection of national boundaries, border checkpoints, islands, territorial waters, airspace in accordance with laws and treaties to which the Socialist Republic of Vietnam is a party and other relevant international agreements.
6. Carry out the management of cyber information security, cybersecurity, protection of cybersecurity and prevention and control of cybercrimes in accordance with laws.
7. Manage the crime investigation, prevention and fighting. Take the main charge of performing the tasks of preventing and combating terrorism and riots and dealing with complicated circumstances related to national security, social order and safety in accordance with law. Actively prevent, detect, frustrate and fight crimes and violations of law on social order and safety, and protect environment, natural resources and safety of environment-related foods; receive and settle reports and denunciations related to crimes, and recommend starting legal actions; proceed against and investigate crimes in accordance with law; carry out the crime statistics; identify causes and conditions giving rise to crimes and violations of law related to social order, safety, environmental protection and recommend remedies; carry out narcotic rehabilitation and post-rehabilitation management; provide community education for persons committing violations of law in accordance with law.”;
b) Amendments to Clause 10 of Article 16:
“10. Administer residency and national population database, national ID database, judicial record database,
seals, traffic order and safety, public order, weapons, explosives, explosive precursors, combat gears, fire prevention and fighting, rescue and emergency response in accordance with law; issue and manage citizen identity cards and other personal identity documents; manage and issue judicial records; register, grant and manage license plates of road vehicles; implement the tasks of fire prevention and fighting, rescue and salvation, management of security and order in sectors and industries subject to investment and business requirements in accordance with law.”;
c) Amendments to Clause 1 of Article 17:
“1. The organizational system of the People’s Public Security Force shall be composed of:
a) The Ministry of Public Security;
b) Police departments of provinces and cities;
c) Police departments of communes, wards and special zones;
d) Police departments of administrative – economic units.”;
d) Amendments to Clause 2 of Article 18:
“2. The Minister of Public Security shall promulgate regulations on functions, tasks, powers and organizational structure of units affiliated to the Ministry of Public Security, police departments of provinces and cities, Police departments of communes, wards and special zones and other units of the People’s Public Security Force.”;
dd) Amendments to Point d and Point dd Clause 1 of Article 24:
“d) Department manager; Regiment Commander;
dd) Squad leader; Chief of police department of commune/ward/special zone ; Battalion Commander;”;
e) Addition of Clause 3a after Clause 3 of Article 33:
“3a. The State shall allocate land from the land bank reserved for social housing development as prescribed by housing laws and repossess land as prescribed by land laws for allocation to the Ministry of Public Security, which will preside over, make decisions, approve investment guidelines, select investors for execution of investment projects, construction of social housing as prescribed by housing laws and relevant laws in a manner that is appropriate for the need of the Ministry of Public Security.”;
g) Amendments to Clause 6 of Article 38:
“6. Operation and specialist technical officers shall be entitled to residential land policies, housing allowances and shall be provided with official-duty lodging; People’s Public Security officers, non-commissioned officers and enlisted members shall be entitled to policies on social housing as prescribed by law.”;
h) The phrase “police departments of provinces and central-affiliated cities” is replaced with “police departments of provinces and cities” in Point c Clause 1 Article 24;
i) The phrase “National Defense and Security Committee” is replaced with “National Defense, Security and Diplomacy Committee” in Point b Clause 1 Article 25;
k) Clause 2 or Article 17 is annulled.
This Law comes into force from July 01, 2025.
1. From July 01, 2025, this Law shall be applied as follows:
a) Regulations of Article 1 of this Law shall be applied to bringing charges, investigation, prosecution, trial and judgment execution of people who commit criminal acts from 00:00 (12 a.m.) of July 01, 2025;
b) Regulations that are more advantageous to people who commit the crimes prescribed in Articles 40, 63, 109, 110, 114, 194, 248, 250, 251, 353, 354 and 421 of the Criminal Code No. 100/2015/QH13, which is amended by Law No. 12/2017/QH14 and Law No. 59/2024/QH15 (hereinafter referred to as “the Criminal Code”) that are amended by Clauses 1, 4, 5, 6, 7, 10, 18, 22, 23 and 29 Article 1 of this Law and other regulations that are advantageous to the offenders may be applied to crimes that are committed before 00:00 (12 a.m.) of July 01, 2025 and discovered afterwards or undergoing investigation, prosecution or trial;
c) Regulations that are disadvantageous to people who commit the crimes prescribed in Articles 63, 192, 193, 194, 195, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 255, 317, 353, 354, 355, 356, 357, 358 and 359 of the Criminal Code, which are amended by Clauses 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27 and 28 Clause 1 of this Law, and other regulations that are disadvantageous to the offenders shall not be applied to crimes that are committed before 00:00 (12 a.m.) of July 01, 2025 and discovered afterwards or undergoing investigation, prosecution or trial, or to people who are being considered for commutation of sentences or expungement of criminal records; In these cases, corresponding regulations of legislative documents on crimes that are effective before 00:00 (12 a.m.) of July 01, 2025 shall be applied, except in the cases specified in Clause 4 of this Article;
d) In cases where there is a court judgment or decision that takes effect before :00 (12 a.m.) of July 01, 2025, regulations of this Law that are contrary to regulations that were applied when the judgment is made shall not be applied as the basis for requesting cassation trials; In case a cassation trial is requested on the basis of other regulations or before July 01, 2025, the cassation trial shall apply regulations of Point b and Point c of this Clause.
2. Death sentences that are imposed before July 01, 2025 on individuals convicted of offenses prescribed in Articles 109, 110, 114, 194, 250, 353, 354 and 421 of the Criminal Code or in the cases specified in Point c Clause 3 of the Criminal Code, which is amended by Clause 1 Article 1 of this Law but have not been executed shall not be executed, in which case the Chief Justice of the Supreme People’s Court shall issue decisions to change these death sentences into life imprisonment.
3. Death sentences that are imposed before July 01, 2025 on individuals convicted of offenses prescribed in Article 248 or Article 251 of the Criminal Code but have not been executed shall not be executed, in which case the Chief Justice of the Supreme People’s Court shall issue decisions to change these death sentences into life imprisonment in the following cases:
a) The weight or volume of narcotic substances determined in the judgment as the basis to impose the sentence is equal to or lower than the minimum weight or volume of narcotic substances prescribed in Clause 5 Article 248 or Clause 5 Article 251 of the Criminal Code, which is amended by Clause 18 Article 1 of this Law;
b) The weight or volume of narcotic substances determined in the judgment as the basis to impose the sentence is greater than the minimum weight or volume of narcotic substances prescribed in Clause 5 Article 248 or Clause 5 Article 251 of the Criminal Code, which is amended by Clause 18 Article 1 of this Law but the offender is not the mastermind or commander, or does not have at least 02 aggravating factors.
4. Regulations of Point a Clause 4 Article 1 of this Law still apply to individuals whose sentences for offences prescribed in Article 353 and Article 354 of the Criminal Code are converted into life imprisonment under Clause 2 of this Article when commutation is considered.
5. Regulations of Point a Clause 4 Article 1 of this Law shall not apply when considering commutation of life sentences imposed before July 01, 2025 for the offences prescribed in Article 353 and Article 354 of the Criminal Code.
6. Responsibilities for implementation of this Law:
a) Supreme People’s Court shall take charge and cooperate with the Ministry of Public Security, the Ministry of National Defense, Supreme People’s Procuracy and relevant agencies in reviewing death sentences eligible for conversion into life imprisonment as prescribed in Clause 2 and Clause 3 of this Article;
b) The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within their jurisdiction, cooperate with each other in reviewing relevant documents for timely annulment, amendment, promulgation of new documents, or propose annulment, amendment, promulgation of new documents to the National Assembly or Standing committee of the National Assembly to ensure conformity with to this Law.
This Law is ratified by the 15th National Assembly of the Socialist Republic of Vietnam during its 9th session on June 25, 2025.
CHAIRMAN OF THE NATIONAL ASSEMBLY OF VIETNAM Tran Thanh Man |
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