LAW

ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE PENAL CODE

Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam;
This Law amends and supplements a number of articles of the Penal Code which was adopted on June 27, 1985, amended and supplemented on December 28, 1989, August 12, 1991 and December 22, 1992 by the National Assembly of the Socialist Republic of Vietnam.

Article 1.- To amend and supplement a number of articles of the Penal Code regarding corruption offenses as follows:

1. Article 133 on embezzlement of socialist property is amended and supplemented as follows:

"Article 133.- Embezzlement of socialist property

1. A person who abuses his/her position and power to misappropriate socialist property which he/she has the responsibility to manage and which has a value of from five million to under one hundred million VND or less than five million VND but the offense causes serious consequences, is committed more than once or the offender has been disciplined but commits the offense again, shall be subject to a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

...

...

...

b/ Employing a perfidious and dangerous move;

c/ The misappropriated property has a value of from one hundred million to under three hundred million VND;

d/ Committing the offense more than once;

e/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ In an organized manner;

b/ The misappropriated property has a value of from three hundred million to under five hundred million VND;

c/ The offense involves more than one factor described in Clause 2 of this Article;

d/ Causing very serious consequences.

...

...

...

a/ The misappropriated property has a value of five hundred million VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article;

c/ Causing exceptionally serious consequences."

2. To supplement the following Article 134a "Abusing ones position and power to misappropriate socialist property by fraud":

"Article 134a.- Abusing ones position and power to misappropriate socialist property by fraud

1. A person who abuses his/her position and power and employs a perfidious move to misappropriate socialist property which has a value of from five million to under one hundred million VND or less than five million VND but the offense causes serious consequences, is committed more than once, or the offender has been disciplined but still commits the offense again, shall be subject to a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner

b/ Employing a perfidious and dangerous move;

...

...

...

d/ Committing the offense more than once;

e/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The misappropriated property has a value of from three hundred million to under five hundred million VND;

c/ The offense involves more than one factor described in Clause 2 of this Article;

d/ Causing very serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ The misappropriated property has a value of five hundred million VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article;

...

...

...

3. To supplement the following Article 137a "Abusing ones position and power to illegally use socialist property":

"Article 137a.- Abusing ones position and power to illegally use socialist property

1. A person who abuses his/her position and power to illegally use socialist property and cause serious consequences or who has been disciplined but commits the offense again, shall be subject to a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ In an organized manner

b/ Committing the offense more than once;

c/ Causing very serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from ten to fifteen years:

a/ The offense involves more than one factor described in Clause 2 of this Article;

...

...

...

4. Article 156 on abusing ones position and power to misappropriate property of citizens is amended and supplemented as follows:

"Article 156.- Abusing ones position and power to misappropriate property of citizens

1. A person who abuses his/her position and power to misappropriate other peoples property which has a value of from five million to under one hundred million VND or less than five million VND but such offense causes serious consequences or is committed more than once, or the offender has been disciplined but commits the offense again, shall be subject to a prison term of from one to six years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from six to thirteen years:

a/ In an organized manner

b/ Employing a perfidious and dangerous move;

c/ The misappropriated property has a value of from one hundred million to under three hundred million VND;

d/ Committing the offense more than once

e/ Causing serious consequences.

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from thirteen to twenty years:

a/ The misappropriated property has a value of from three hundred million to under five hundred million VND;

b/ The offense involves more than one factor described in Clause 2 of this Article;

c/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ The misappropriated property has a value of five hundred million VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article;

c/ Causing exceptionally serious consequences."

5. Article 175 on establishing illegal funds is amended and supplemented as follows:

...

...

...

1. A person who abuses his/her position and power to establish an illegal fund which has a value of from fifty million to under two hundred million VND and uses this fund and causes serious consequences or the offender has been disciplined or punished administratively but commits the offense again, shall be subject to a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ Employing perfidious moves to circumvent inspection;

b/ The offense is committed in order to carry out another offense;

c/ The illegal fund has a value of from two hundred million to under five hundred million VND;

d/ Causing very serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from ten to fifteen years:

a/ The illegal fund has a value of from five hundred million to under one billion VND;

b/ The offense involves more than one factor described in Clause 2 of this Article;

...

...

...

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The illegal fund has a value of one billion VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article."

6. Article 221 on abusing ones position and power or abuses ones own power while performing an official duty is amended and supplemented as follows:

"Article 221.- Abusing ones position and power while performing an official duty

1. A person who, for his/her self interest or another personal motive, abuses his/her position and power to perform his/her official duty wrongly, causing damage to the interests of the State and society, the legitimate rights or interests of citizens, shall be subject to a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ In an organized manner;;

b/ Committing the offense more than once;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from ten to fifteen years:

a/ The offense involves more than one factor described in Clause 2 of this Article;

b/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The offense involves more than one factor described in Clause 3 of this Article.

b/ Causing exceptionally serious consequences."

7. To supplement the following Article 221a "Abusing ones power while performing an official duty":

"Article 221a.- Abusing ones power while performing an official duty

1. A person who, for his/her self-interest or another personal motive, acts ultra vires and performs his/her official duty wrongly to harm the interests of the State and society, the legitimate rights or interests of citizens, shall be subject to a prison term of from two to seven years.

...

...

...

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The offense involves more than one factor described in Clause 2 of this Article;

b/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The offense involves more than one factor described in Clause 3 of this Article.

b/ Causing exceptionally serious consequences."

...

...

...

"Article 224.- Falsifying documents

1. A person who, for his/her own profits or another personal motive, abuses his/her position and power to commit one of the following acts shall be subject to a prison term of from one to seven years:

a/ Changing or falsifying the contents of documents and papers;

b/ Forging papers and issuing forged papers;

c/ Forging the signature of a person of rank or power.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner;

b/ The offender is the person responsible for elaborating or issuing the papers and documents;

c/ Committing the offense more than once;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years

a/ The offense involves more than one factor described in Clause 2 of this Article;

b/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The offense involves more than one factor described in Clause 3 of this Article;

b/ Causing exceptionally serious consequences."

9. Article 226 on accepting bribes is amended and supplemented as follows:

"Article 226.- Accepting bribes

1. A person who abuses his/her position and power to, directly or through an intermediary, accept money, a property or another material interest in any form which has a value of from five hundred thousand to under ten million VND or less than five hundred thousand VND but the offense causes serious consequences or is committed more than once, or the offender has been disciplined but still commits the offense again so as to discharge or refuse a certain work for the interest or at the request of the bribe giver, shall be subject to a prison term of from two to seven years.

...

...

...

a/ In an organized manner;

b/ The offender asks for bribes, causes hassles or employs a perfidious move;

c/ The bribe has a value of from ten million to under thirty million VND;

d/ The offender knows well that the bribe is socialist property;

e/ Committing the offense more than once;

f/ Abusing his/her position and power;

g/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen years to twenty years:

a/ The bribe has a value of from thirty million to under fifty million VND;

...

...

...

c/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment

a/ The bribe has a value of fifty million VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article.

c/ Causing exceptionally serious consequences.

10. Article 227 on offering bribes and acting as an intermediary for bribery is amended and supplemented as follows:

"Article 227.- Offering bribes, acting as an intermediary for bribery

1. A person who offers a bribe or acts as an intermediary for bribery, and the bribe has a value of from five hundred thousand to under ten million VND or less than five hundred thousand VND but the offense causes serious consequences or is committed more than once, shall be subject to a prison term of from one to six years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from six to thirteen years:

...

...

...

b/ Employing perfidious moves;

c/ The bribe has a value of from ten million to under thirty million VND;

d/ Committing the offense more than once;

e/ Using socialist property as the bribe;

f/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from thirteen years to twenty years:

a/ The bribe has a value of from thirty million to under fifty million VND;

b/ The offense involves more than one factor described in Clause 2 of this Article.

c/ Causing very serious consequences.

...

...

...

a/ The bribe has a value of fifty million VND or more;

b/ The offense involves more than one factor described in Clause 3 of this Article.

c/ Causing exceptionally serious consequences.

5. A person who is compelled to give a bribe and, on his own initiative, reports the offense before it is exposed, shall be regarded as not guilty and all his/her property used for the bribery shall be returned to him/her.

A person who has given a bribe, though not compelled to do so, and on his own initiative, reports the offense before it is exposed, may be exempted from penal liability and be returned part or the whole of his/her property used for bribery.

11. To supplement the following Article 228a "Abusing ones position and power to influence another person for his/her own profit":

"Article 228a.- Abusing ones position and power to influence another person for ones own profit

1. A person who abuses his/her position and power to accept directly or through an intermediary money, property or another material interest in any form which has a value of from five hundred thousand to under ten million VND or less than five hundred thousand VND but the offense causes serious consequences or is committed more than once, or the offender has been disciplined but commits the offense again, so as to exert his/her influence to spur another person with a position or power to discharge or refuse a work under the latters charge or directly relating to the latters job or to perform an unlawful work, shall be subject to a prison term of from one to six years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from six to thirteen years:

...

...

...

b/ The money, property or another material benefit has a value of from ten million to under thirty million VND;

c/ Committing the offense more than once;

d/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from thirteen to twenty years:

a/ The money, property or another material benefit has a value of from thirty million to under fifty million VND;

b/ The offense involves more than one factor described in Clause 2 of this Article;

c/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The money, property or another material benefit has a value of fifty million VND or more;

...

...

...

c/ Causing exceptionally serious consequences."

Article 2.- To supplement the following Chapter VIIA "Narcotics-related offenses" to the "Part on Offenses" of the Penal Code:

"Article 185a.- Growing opium plant or other plants containing narcotics

1. A person who has grown opium poppy, coca plant, marijuana or other plants containing narcotics, who has been many times reformed, provided with conditions to stabilize his/her life and has been punished administratively but still commits the offense again, shall be subject to a prison term of from six months to three years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from three to seven years:

a/ In an organized manner;

b/ Constituting recidivism.

Article 185b.- Illicit production of narcotics

1. A person who illicitly produces narcotics in any form shall be subject to a prison term of from three to ten years.

...

...

...

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ Involving a quantity of the opium resin, marijuana resin or coca powder weighing from five hundred grams to under one kilogram;

f/ Involving a quantity of heroin or cocaine of from five to under thirty grams;

g/ Involving a quantity of another narcotic in solid form weighing from twenty to under one hundred grams;

h/ Involving a quantity of another narcotic in liquid form measuring from one hundred to under two hundred fifty milliliters;

i/ Involving two or more narcotics with a quantity equivalent to the quantity of the narcotic specified in from Point e to Point h, Clause 2 of this Article;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of fifteen to twenty years:

a/ The offense is of a professional character;

b/ Involving a quantity of the opium resin, marijuana resin or coca powder weighing from one to under five kilograms;

c/ Involving a quantity of heroin or cocaine weighing from thirty to under one hundred grams;

d/ Involving a quantity of another narcotic substance in solid form weighing from one hundred to under three hundred grams;

e/ Involving a quantity of another narcotic in liquid form measuring from two hundred fifty to under seven hundred fifty milliliters;

f/ Involving two or more narcotics with a quantity equivalent to the quantity of the narcotic specified in from Point b to Point e, Clause 3 of this Article;

g/ Involving more than one factor described in Clause 2 of this Article.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment.

...

...

...

b/ Involving a quantity of heroin or cocaine weighing one hundred grams or more;

c/ Involving a quantity of another narcotic in solid form weighing three hundred grams or more;

d/ Involving a quantity of another narcotic in liquid form measuring seven hundred fifty milliliters or more;

e/ Involving two or more narcotics with a quantity equivalent to the quantity of the narcotic specified in from Point a to Point d, Clause 4 of this Article;

f/ The offense involves more than one factor described in Clause 3 of this Article.

Article 185c.- Illegally storing narcotics

1. A person who illegally stores narcotics shall be subject to a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner;

...

...

...

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ Involving a quantity of opium resin, marijuana resin or coca condensate weighing from five hundred grams to under one kilogram;

f/ Involving a quantity of heroin or cocaine weighing from five to under thirty grams;

g/ Involving a quantity of leaves, flowers and fruit of the marijuana plant or leaves of the coca plant weighing from ten to under twenty five kilograms;

h/ Involving a quantity of dried opium fruit weighing from fifty to under two hundred kilograms;

i/ Involving a quantity of fresh opium fruit weighing from ten to under fifty kilograms;

j/ Involving a quantity of another narcotic in solid form weighing from twenty to under one hundred grams;

k/ Involving a quantity of another narcotic in liquid form measuring from one hundred to under two hundred fifty milliliters;

...

...

...

m/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of fifteen to twenty years:

a/ Involving a quantity of the opium resin, marijuana resin or coca condensate weighing from one to under five kilograms;

b/ Involving a quantity of heroin or cocaine weighing from thirty to under one hundred grams;

c/ Involving a quantity of leaves, flowers and fruit of the marijuana plant or leaves of the coca plant weighing from twenty five to under seventy five kilograms;

d/ Involving a quantity of dried opium fruit weighing from two hundred to under six hundred kilograms;

e/ Involving a quantity of fresh opium fruit weighing from fifty to under one hundred fifty kilograms;

f/ Involving a quantity of another narcotic substance in solid form weighing from one hundred to under three hundred grams;

g/ Involving a quantity of another narcotic in liquid form measuring from two hundred fifty to under seven hundred fifty milliliters;

...

...

...

i/ Involving more than one factor described in Clause 2 of this Article.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment.

a/ Involving a quantity of the opium resin, marijuana resin or coca condensate weighing of five kilograms or more;

b/ Involving a quantity of heroin or cocaine weighing one hundred grams or more;

c/ Involving a quantity of leaves, flowers and fruit of the marijuana plant or leaves of the coca plant, weighing seventy five kilograms or more;

d/ Involving a quantity of dried opium fruit weighing six hundred kilograms or more;

e/ Involving a quantity of fresh opium fruit weighing one hundred fifty kilograms or more;

f/ Involving a quantity of another narcotic in solid form weighing three hundred grams or more;

g/ Involving a quantity of another narcotic in liquid form measuring seven hundred fifty milliliters or more;

...

...

...

i/ Involving more than one factor described in Clause 3 of this Article.

Article 185d.- Illegally transporting narcotics

1. A person who illegally transports narcotics shall be subject to a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to thirteen years:

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ Transporting the narcotics across the border;

...

...

...

g/ Involving a quantity of a narcotic specified in from Point e to Point l, Clause 2 of Article 185c;

h/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 3 of Article 185c;

b/ The offense involves more than one factor described in Clause 2 of this Article.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 4 of Article 185c;

b/ The offense involves more than one factor described in Clause 3 of this Article.

Article 185e.- Trafficking in narcotics

...

...

...

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from ten to fifteen years:

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ Earning big illegal profits;

f/ Transporting narcotics across the border;

g/ Employing a minor or minors in the offense;

h/ The narcotic quantity is equivalent to that specified in from Point e to Point l, Clause 2 of Article 185c;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The offense is of a professional character;

b/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 3 of Article 185c;

c/ The offense involves more than one factor described in Clause 2 of this Article.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 4 of Article 185c;

b/ The offense involves more than one factor described in Clause 3 of this Article.

Article 185f.- Appropriating narcotics

1. A person who appropriates narcotics in any form shall be subject to a prison term of from three to ten years.

...

...

...

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ Employing a weapon or a dangerous means;

f/ The narcotic quantity is equivalent to that specified in from Point e to Point l, Clause 2 of Article 185c;

g/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 3 of Article 185c;

...

...

...

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ The narcotic quantity is equivalent to that specified in from Point a to Point h, Clause 4 of Article 185c;

b/ The offense involves more than one factor described in Clause 3 of this Article.

Article 185g.- Storing, transporting, trafficking in or appropriating raw materials for the illicit production of narcotics

1. A person who stores, transports, trafficks in or appropriate raw materials for the illegal production of narcotics shall be subject to a fine of from twenty million and one hundred million VND or a prison term of from one to six years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from six to thirteen years:

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

...

...

...

e/ The raw materials weigh from two hundred to under five hundred grams

f/ Transporting the raw materials across the border;

g/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from thirteen to twenty years:

a/ The raw materials weigh from five hundred to under one thousand two hundred grams;

b/ The offense is committed in more than one circumstances specified in Clause 2 of this Article.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The raw materials weigh one thousand two hundred grams or more;

b/ The offense involves more than one factor described in Clause 3 of this Article.

...

...

...

1. A person who manufactures, stores, transports or trafficks in equipment and implements used for the illegal production or use of narcotics shall be subject to a fine of from twenty million to one hundred million VND or a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ In an organized manner;

b/ Committing the offense more than once;

c/ Abusing his/her position and power;

d/ Misusing the name of an agency or organization;

e/ The means and tools used in the offense are in large quantities;

f/ Transporting the equipment and implements across the border;

g/ Constituting dangerous recidivism.

...

...

...

1. A person who organizes the illegal use of narcotics in any form shall be subject to a prison term of two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ Committing the offense more than once;

b/ Affecting a large number of people;

c/ Affecting minors of from full thirteen years of age or more;

d/ Affecting women who, to the full knowledge of the offender, are pregnant;

e/ Affecting people who are giving up their addictive habit;

f/ Causing great harm to others health or forming a bad habit to another person;

g/ Transmitting dangerous diseases to other people;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ Causing death;

b/ Causing great harm to many peoples health or forming a bad habit to many people;

c/ Transmitting dangerous diseases to many people;

d/ Involving more than one factor described in Clause 2 of this Article;

e/ Against children under thirteen years of age.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ Involving more than one factor described in Clause 3 of this Article;

b/ Causing death to many people or other exceptionally serious consequences.

...

...

...

1. A person who leases or lends a place to shelter the illegal use of narcotics or commits any other act for this purpose shall be subject to a fine of from twenty million to two hundred million VND or a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ Abusing his/her position and power;

b/ Committing the offense more than once;

c/ Causing harm to many people;

d/ Constituting dangerous recidivism.

Article 185k.- Illegal use of narcotics

1. A person who illegally uses narcotics in any form, has been many times reformed and administratively punished by forcible admission to a medical establishment for compulsory treatment but who continues to illegally use narcotics, shall be subject to a prison term of from three months to two years.

2. A recidivist of this offense shall be subject to a prison term of from two to five years.

...

...

...

1. A person who coerces or induces other people to illegally use narcotics shall be subject to a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner;

b/ Committing the offense more than once;

c/ The offense is committed with a vicious motive;

d/ Doing harm to minors of from full thirteen years of age;

e/ Doing harm to a woman who, to his/her full knowledge, is pregnant;

f/ Doing harm to many people;

g/ Doing harm to a person who is giving up his/her addictive habit;

...

...

...

i/ Transmitting a dangerous disease to another person;

j/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years.

a/ Causing death;

b/ The offense seriously damages the health of many people or forms a bad habit to many people;

c/ Transmitting a dangerous disease to many people;

d/ The offense involves more than one factor described in Clause 2 of this Article;

e/ The offender forces or induces children under 13 years of age.

4. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

...

...

...

b/ Causing many deaths or other exceptionally serious consequences.

Article 185m.- Violating regulations on the management and use of addictive drugs or other narcotics

1. A person who is responsible for the production, import, export, purchase and sale, transport, preservation, distribution, allocation or use of addictive drugs or other narcotics and violates regulations on the management and use of such substances, shall be subject to a fine of from ten million and one hundred million VND or a prison term of from two to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner;

b/ For his/her own profits;

c/ Committing the offense more than once;

d/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

...

...

...

b/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The offense involves more than one factor described in Clause 3 of this Article

b/ Causing exceptionally serious consequences.

Article 185n.- Additional penalties

1. A person who commits the offense described in Article 185a may be subject to a fine of from five million and fifty million VND.

A person who commits the offense described in Article 185l or Article 185m shall be subject to a fine of from ten million to one hundred million VND.

A person who commits one of the offenses described in from Article 185b to Article 185j shall be subject to a fine of from twenty million to five hundred million VND or confiscation of part or the whole of his/her property.

2. A person who commits one of the offenses described in from Article 185b to Article 185h or in Article 185m shall be forbidden to hold certain posts or do certain jobs or work for two to five years.

...

...

...

Article 3.- To amend and supplement a number of articles of the Penal Code on the sexual offenses against minors as follows:

1. To supplement the following Article 112a "Child rape"

"Article 112a.- Child rape

1. A person who commits a rape on child from full 13 years to under 16 years of age shall be subject to a prison term of from seven to fifteen years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ The offense is of an incestuous nature;

b/ Causing pregnancy to the victim;

c/ Seriously damaging the victims health;

d/ The victim is under the offenders tutorship, education or medical treatment;

...

...

...

3. A person who commits the offense in one of the following circumstances shall be subject to life imprisonment or capital punishment:

a/ In an organized manner;

b/ More than one person commit rape on a person;

c/ Committing the offense more than once;

d/ Causing very serious damage to the victims health;

e/ Leading to the victims death or suicide.

4. All cases of sexual intercourse with children under full thirteen years of age shall constitute a rape and the offender shall be subject to a prison term of twenty years, life imprisonment or capital punishment."

2. To supplement the following Article 113a "Forcible sexual intercourse with minors":

"Article 113a.- Forcible sexual intercourse with minor

...

...

...

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to thirteen years:

a/ Forcible sexual intercourse with a child from full thirteen years to under sixteen years of age;

b/ Of an incestuous nature;

c/ Causing pregnancy to the victim;

d/ Seriously damaging the victims health;

e/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from thirteen to twenty years:

a/ More than one person commit a forcible sexual intercourse against another person;

b/ Committing the offense more than once;

...

...

...

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ Leading to the victims death or suicide;

b/ The offense involves more than one factor described in Clause 3 of this Article."

3. Article 114 on sexual intercourse with persons under sixteen years of age is amended and supplemented as follows:

"Article 114.- Sexual intercourse with children

1. An adult who commits a sexual intercourse with a child of from full thirteen years to under sixteen years of age shall be subject to a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ Committing the offense more than once;

b/ The offense is of an incestuous nature;

...

...

...

d/ Seriously damaging the victims health;

3. A person who commits the offense involving more than one factor described in Clause 2 of this Article shall be subject to a prison term of from ten to fifteen years."

4. Article 202 on harboring or procuring prostitutes is amended and supplemented as follows:

"Article 202.- Harboring or procuring prostitutes

1. A person who harbors, seduces or procures another person into practicing prostitution shall be subject to a prison term of from one to seven years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ Coercing another person into prostitution;

b/ Committing the offense more than once;

c/ Against a minor of from full sixteen years to under eighteen years of age;

...

...

...

e/ Constituting dangerous recidivism;

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years:

a/ Against a minor of from full thirteen years to under sixteen years of age;

b/ The offense is committed in more than one circumstance described in Article 2 of this Article;

c/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of twenty years or life imprisonment:

a/ The offense involves more than one factor described in Article 3 of this Article;

b/ Causing exceptionally serious consequences."

5. To supplement the following Article 202a "Buying sex of minors":

...

...

...

1. A person who buys sex of a minor of from full sixteen to under eighteen years of age shall be subject to a prison term of from one to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ Committing the offense more than once;

b/ Causing serious consequences.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from ten to fifteen years:

a/ Buying sex of a child from full thirteen to under sixteen years of age;

b/ The offense is committed in more than one circumstances specified in Article 2 of this Article;

c/ Causing very serious consequences."

6. To supplement the following Article 202b "Sexual harassment against children":

...

...

...

1. A person who sexually harasses a child shall be subject to a prison term of from six months to three years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from three to seven years:

a/ Committing the offense more than once;

b/ Committing the offense against more than one child;

c/ The offense is committed against a child under the offenders tutorship, education or medical treatment;

d/ Causing serious consequences;

e/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven and twelve years:

a/ The offense involves more than one factor described in Clause 2 of this Article;

...

...

...

Article 4.- To amend and supplement a number of relevant articles and Clauses of the Penal Code as follows:

1. Article 39 on aggravating circumstances is amended and supplemented as follows:

"Article 39.- Aggravating circumstances

1. Only the following circumstances are regarded as aggravating:

a/ To commit an offense in an organized manner; to instigate a minor to commit an offense;

b/ To take advantage of the situation of war, a natural disaster or other exceptionally difficult social situations to commit an offense;

c/ To take advantage of a high position to commit an offense;

d/ To commit an offense when serving a penalty;

e/ To employ a cruel or perfidious move while committing an offense or a move likely to cause harm to many people;

...

...

...

g/ To commit an offense with a heinous motive; to intentionally consummate an offense;

h/ To commit an offense which causes serious consequences;

i/ To commit an offense more than once; recidivism and dangerous recidivism;

j/ After committing an offense, to take perfidious and violent acts in order to escape or conceal the offense.

2. The circumstances which have been regarded as the elements constituting an offense or the bases for determining the penalty shall not be considered as aggravating circumstances."

2. Article 100 on additional penalties is amended and supplemented as follows:

"Article 100.- Additional penalties

1. A Vietnamese citizen who commits one of the offenses in Section A shall be stripped of a number of citizens rights for one to five years; and who commits one of the offenses in Section B may be stripped of a number of citizens rights for one to five years.

2. A Vietnamese citizen who commits one of the offenses in Section A or one of the offenses specified in Article 87, Article 88, in from Article 94 to Article 99, shall be subject to probation or be forbidden to reside in a certain locality or certain localities for one to five years.

...

...

...

A person who commits one of the offense described in Articles 88, 95, 96, 98 and 99 may be subject to a fine of from three hundred thousand to three million VND; and who commits the offense described in Article 97 shall be subject to a fine up to ten times the value of the illegal goods.

4. A person who commits one of the offenses in Section A shall be subject to confiscation of part or the whole of his/her property; and who commits one of the offenses described in Article 88, in from Article 94 to Article 98, may be subject to confiscation of part or the whole of his/her property."

3. Article 112 on rape is amended and supplemented as follows:

"Article 112.- Rape

1. A person who uses violence or another move to have sexual intercourse with another person against the latters will shall be subject to a prison term of from two to seven years.

A person who rapes a minor of from full sixteen years to under 18 years of age or a person under the offenders tutorship, education or medical treatment shall be subject to a prison term of from five to ten years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from seven to fifteen years:

a/ In an organized manner;

b/ More than one person rape a person;

...

...

...

d/ The offense is of an incestuous nature;

e/ Causing pregnancy to the victim;

f/ Seriously damaging the victims health;

g/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from fifteen to twenty years or life imprisonment:

a/ Causing very seriously damage to the victims health;

b/ The offense involves more than one factor described in Clause 2 of this Article;

4. A person who commits the offense in one of the following cases shall be subject to life imprisonment or capital punishment:

a/ Causing the victims death or suicide;

...

...

...

4. Article 113 on forcible sexual intercourse is amended and supplemented as follows:

"Article 113.- Forcible sexual intercourse

1. A person who employs every move to make a person who is dependent on him/her or a person who is in a dire situation to reluctantly have sexual intercourse with him/her shall be subject to a prison term of from six months to five years.

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ More than one person commit a forcible sexual intercourse with another person;

b/ Committing the offense more than once;

c/ Being of an incestuous nature;

d/ Causing pregnancy to the victim;

e/ Seriously damaging the victims health;

...

...

...

3. A person who commits the offense in one of the following cases shall be subject to a prison term of from ten to eighteen years:

a/ Leading to the victims death or suicide;

b/ The offense involves more than one factor described in Clause 2 of this Article."

5. Article 118 on additional penalties is amended and supplemented as follows:

"Article 118.- Additional penalties

1. A person who commits one of the offenses described in from Article 101 to Article 105 and in Articles 107, 112, 112a, 113 and 113a, may be forbidden to hold certain posts, do certain jobs or work for from two to five years.

2. A person who commits one of the offenses described in Article 101, 112a and 115 may be subject to probation or forbidden to reside in a certain locality or certain localities for from one to five years."

6. Article 134 on appropriating socialist property by fraud is amended and supplemented as follows:

"Article 134.- Misappropriating socialist property by fraud

...

...

...

2. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five and twelve years:

a/ In an organized manner;

b/ The offense is of a professional character;

c/ Employing a perfidious and dangerous move;

d/ The misappropriated property is of great value;

e/ Misusing the name of an agency or organization;

f/ Causing serious consequences;

g/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from twelve to eighteen years:

...

...

...

b/ The offense involves more than one factor described in Clause 2 of this Article;

c/ Causing very serious consequences.

4. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from eighteen to twenty years, life imprisonment or capital punishment:

a/ The misappropriated property is of especially great value;

b/ The offense involves more than one factor described in Clause 3 of this Article;

c/ Causing exceptionally serious consequences."

7. Article 137 on illegal use of socialist property is amended and supplemented as follows:

"Article 137.- Illegal use of socialist property

1. A person who, for his/her self-interest, illegally uses socialist property and causes serious consequences or who has been administratively punished but commits the offense again, shall be subject to a prison term of from three months to two years.

...

...

...

a/ Committing the offense more than once;

b/ Causing serious consequences;

c/ Constituting dangerous recidivism.

3. A person who commits the offense in one of the following circumstances shall be subject to a prison term of from five to ten years:

a/ Causing exceptionally serious consequences;

b/ The offense involves more than one factor described in Clause 2 of this Article;

8. Article 142 on additional penalties is amended and supplemented as follows:

"Article 142.- Additional penalties

1. A person who commits one of the offenses described in Article 133, Article 134a, Point d, Clause 2 of Article 135, Article 137a and Article 139, shall be forbidden to hold posts of managing socialist property for from two to five years.

...

...

...

3. A person who commits one of the offenses described in this Chapter, except for those described in Articles 136, 139 and 140, may, depending on the serious ness of the offense, be subject to a fine of up to thirty million VND and confiscation of part or the whole of his/her property or either of these two penalties."

9. Article 218 on additional penalties is amended and supplemented as follows:

"Article 218.- Additional penalties

1. A person who commits one of the offenses described in from Article 186 to Article 191 and from Article 195 to Article 197, may be forbidden to hold certain posts, do certain jobs or work for two to five years.

2. A person who commits one of the offenses described in from Article 199 to Article 202 may be subject to probation or forbidden to reside in a certain locality or certain localities for one to five years.

3. A person who commits one of the offenses described in from Article 199 to Article 202, shall be subject to a fine of from one and five million VND and may be subject to confiscation of part of his/her property."

10. Article 229 on additional penalties is amended and supplemented as follows:

"Article 229.- Additional penalties

1. A person who commits one of the offenses described in this Chapter may be forbidden to hold certain posts for two to five years.

...

...

...

A person who commits one of the offenses described in Articles 226, 227, 228 and 228a shall be subject to a fine from one and five times the value of the bribe or confiscation of part or the whole of his/her property."

11. Article 246 on concealing an offense is amended and supplemented as follows:

"Article 246.- Concealing offenses

1. A person, without prior promise, conceals one of the offenses described in the following articles, shall be subject to non-custodial reformation for up to two years or a prison term of from six months to five years:

- From Article 72 to Article 85 on exceptionally dangerous offenses detrimental to national security; Article 87 (hijacking aircraft and vessels); Article 94, Clause 2 (destroying facilities and installations vital to national security); Article 95, Clauses 2 and 3 (illegally manufacturing, storing, using and trafficking in or misappropriating weapons or military equipment); Article 96, Clauses 2 and 3 (illegally manufacturing, storing, using, trafficking or misappropriating explosives, inflammables, toxics or radioactive substances); Article 97, Clauses 2 and 3 (smuggling or illegally transporting goods and currencies across the border); Article 98 (forging currencies, storing or circulating forged currencies, destroying currencies);

- Article 101 (murder); Article 112, Clauses 2,3 and 4 (rape); Article 112a (rape on children); Article 113a (forcible sexual intercourse with minors); Article 115, Clause 2 (trading in women);

- Article 129 (robbery of socialist property); Article 132, Clauses 2 and 3 (theft of socialist property); Article 133, Clauses 2, 3 and 4 (embezzlement of socialist property); Article 134a, Clauses 2, 3 and 4 (abusing ones position and power to misappropriate socialist property by fraud); Article 137a, Clauses 2 and 3 (abusing ones position and power to illegally use socialist property); Article 138, Clauses 2 and 3 (destroying or intentionally causing damage to socialist property);

- Article 149, Clause 2 (kidnapping, trading in or fraudulently exchanging children);

- Article 151 (robbery of citizens property); Article 152 (kidnapping with the intent to misappropriate citizens property); Article 156, Clauses 2, 3 and 4 (abusing ones position and power to misappropriate property of citizens);

...

...

...

- Article 185a, Clause 2 (growing opium poppy or other plants containing narcotics); Article 185b (illegally manufacturing narcotics); Article 185c (illegally storing narcotics); Article 185d (illegally transporting narcotics); Article 185e (Illegally buying and selling narcotics); Article 185f (misappropriating narcotics); Article 185g (storing, transporting, buying, selling or misappropriating raw materials for illegal manufacture of narcotics); Article 185h, Clause 2 (storing, transporting, buying or selling equipment and implements for illegal manufacture or use of narcotics); Article 185i (organizing the illegal use of narcotics); Article 185j (harboring the illegal use of narcotics); Article 185 l (forcing or inducing other persons to illegally use narcotics); Article 185m (violating regulations on management and use of addictive drugs or other narcotics);

- Article 202a, Clauses 2, 3 and 4 (buying sex of minors); Article 202b, Clauses 2, 3 and 4 (sexual harassment against children);

- Article 221, Clauses 2, 3 and 4 (abusing one�s position and power while performing an official duty); Article 221a, Clauses 2, 3 and 4 (abusing one�s power while performing an official duty); Article 224, Clauses 2, 3 and 4 (falsifying documents); Article 226, Clauses 2, 3 and 4 (accepting bribes); Article 227, Clauses 2, 3 and 4 (giving bribes, acting as intermediary for bribery); Article 228a, Clauses 2, 3 and 4 (abusing ones position and power to influence other persons for ones own profits);

- Article 245, Clause 2 (escaping from a place of detention).

2. A person who commits an offense by abusing his/her position and power to obstruct the discovery of an offense or commits other acts of covering up an offender, shall be subject to a prison term of from five to ten years."

12. Article 247 on failing to denounce offenses is amended and supplemented as follows:

"Article 247.- Failing to denounce offenses

1. A person who is in full knowledge of one of the offenses described in the following articles, which is being prepared or has been committed, but fails to denounce it, shall be subject to warning, non-custodial reformation for up to one year or a prison term of from three months and three years:

- From Article 72 to Article 85 on exceptionally dangerous offenses detrimental to national security; Article 87 (hijacking aircraft and vessels); Article 94, Clause 2 (destroying facilities and installations vital to national security); Article 95, Clauses 2 and 3 (illegally manufacturing, storing, using and trafficking in or misappropriating weapons or military equipment); Article 96, Clauses 2 and 3 (illegally manufacturing, storing, using, trafficking in or misappropriating explosives, inflammables, toxic or radioactive substances); Article 98 (forging currencies, storing or circulating forged currencies, destroying currencies);

...

...

...

- Article 129 (robbery of socialist property); Article 132, Clauses 2 and 3 (theft of socialist property); Article 133, Clauses 2, 3 and 4 (embezzlement of socialist property); Article 134a, Clauses 2, 3 and 4 (abusing one's position and power to misappropriate socialist property by fraud); Article 137a, Clauses 2 and 3 (abusing ones position and power to illegally use socialist property); Article 138, Clauses 2 and 3 (intentionally destroying or damaging socialist property);

- Article 151 (robbery of citizens property); Article 152 (kidnapping with the intent to misappropriate citizens property); Article 156, Clauses 2, 3 and 4 (abusing ones position and power to misappropriate property of citizens);

- Article 165, Clauses 2 and 3 (speculation); Article 172, Clauses 2 and 3 (misappropriating stamps and coupons, forging and circulating forged stamps and coupons or papers used in distribution); Article 174, Clauses 2 and 3 (intentionally contravening State regulations on economic management and causing serious consequences); Article 175, Clauses 2, 3 and 4 (establishing illegal funds);

- Article 185a, Clause 2 (growing opium poppy or other plants containing narcotics); Article 185b (illegally manufacturing narcotics); Article 185c (illegally storing narcotics); Article 185d (illegally transporting narcotics); Article 185e (illegally buying and selling narcotics); Article 185f (misappropriating narcotics); Article 185g (storing, transporting, trafficking in or misappropriating raw materials for illegal manufacture of narcotics); Article 185h, Clause 2 (storing, transporting or trafficking in equipment and implements for illegal manufacture or use of narcotics); Article 185i (organizing the illegal use of narcotics); Article 185j (harboring the illegal use of narcotics); Article 185l (forcing or inducing other persons to illegally use narcotics); Article 185m (violating regulations on the management and use of addictive drugs or other narcotics);

- Article 202a, Clauses 2, 3 and 4 (buying sex of minors); Article 202b, Clauses 2, 3 and 4 (sexual harassment against children);

- Article 221, Clauses 2, 3 and 4 (abusing ones position and power while performing an official duty); Article 221a, Clauses 2, 3 and 4 (abusing ones power while performing an official duty); Article 224, Clauses 2, 3 and 4 (falsifying documents); Article 226, Clauses 2, 3 and 4 (accepting bribes); Article 227, Clauses 2, 3 and 4 (giving bribes, acting as intermediary for bribery); Article 228a, Clauses 2, 3 and 4 (abusing ones position and power to influence other persons for ones own profits);

- Article 245, Clause 2 (escaping from a place of detention).

2. A person who fails to denounce an offense but takes an act to dissuade the offender or restrict the bad affect of the offense may be exempt from penal liability or a penalty."

Article 5.- To replace the following articles in the "Part on Offenses" of the Penal Code:

...

...

...

2. Article 203 (organizing the illegal use of narcotics) is replaced with Article 185i.

3. The group of words "Article 96a" in Clause 1, Article 168 (illegal trading) and in Clause 2, Article 169 (tax evasion) is replaced with the group of words "185b, 185c, 185d and 185e".

This Law was adopted on May 10, 1997 by the IXth National Assembly of the Socialist Republic of Vietnam at its 11th session.

CHAIRMAN OF THE NATIONAL ASSEMBLY




Nong Duc Manh