Vietnam’s National Assembly is considering a revised penal code and code of criminal procedure at its current session, which will close on November 28.
Article 108 (originally article 78) – High treason
1. Any Vietnamese citizen acting in collusion with a foreign country with a view to causing harm to the independence, sovereignty, unity and territorial integrity of the Fatherland, the national defense forces, the socialist regime or the State of the Socialist Republic of Vietnam shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment.
2. In the event of many extenuating circumstances, the offenders shall be subject to between 7 and 15 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 109 (originally article 79) – Carrying out activities aimed at overthrowing the people’s administration
Those who carry out activities, establish or join organizations with intent to overthrow the people’s administration shall be subject to the following penalties:
1. Organizers, instigators and active participants or those who cause serious consequences shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment;
2. Other accomplices shall be subject to between 5 and 12 [REDUCED FROM 15] years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 110 (originally article 80) – Spying
1. Those who commit one of the following acts shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment:
a) Conducting intelligence and/or sabotage activities or building up bases for intelligence and/or sabotage activities against the Socialist Republic of Vietnam;
b) Building up bases for intelligence and/or sabotage activities at the direction of foreign countries; conducting scouting, informing, concealing, guiding activities or other acts to help foreigners conduct intelligence and/or sabotage activities;
c) Supplying or collecting for the purpose of supplying State secrets to foreign countries; gathering or supplying information and other materials for use by foreign countries against the Socialist Republic of Vietnam.
2. In case of less serious crimes, the offenders shall be sentenced to between five and fifteen years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
4. Persons who agree to act as spies but do not realize their assigned tasks and confess, truthfully declare and report such to the competent State bodies shall be exempt from penal liability for this crime.
Article 111 (originally article 81) – Infringing upon territorial security
Those who infiltrate into the territory, commit acts of falsifying national borders or committing other acts to cause harm to the territorial security of the Socialist Republic of Vietnam shall be penalized as follows:
1. Organizers, active participants or those who cause serious consequences shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment;
2. Other accomplices shall be sentenced to between 5 and 15 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 112 (originally article 82) – Rebellion
Those who conduct armed activities or resort to organized violence with a view to opposing the people’s administration shall be penalized as follows:
1. Organizers, active participants or those who cause serious consequences shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment.
2. Other accomplices shall be sentenced to between 5 and 15 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 113 (originally article 84) – Terrorism intending to oppose the people’s administration
1. Those who intend to oppose the people’s administration and infringe upon the life of officials, public employees or others shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment. [REVISED]
2. Those who commit the crime in the following circumstances shall be subject to between 10 and 15years of imprisonment:
a) Forming or participating in terrorist organizations or in organizations that fund terrorism, coercing, dragging people into, recruiting, training [people], manufacturing and/or providing weapons, and schooling terrorists;
b) Infringing upon physical freedom and/or the health of officials, public employees or others; [NEW]
3. In the case of committing crimes by threatening to infringe upon life or committing other acts of moral intimidation, the offenders shall be sentenced to between 5 and 10 [INCREASED FROM 2 AND 7] years of imprisonment.
4. Those who terrorize foreign individuals and/or organizations or international organizations in order to cause difficulties to the international relations of the Socialist Republic of Vietnam shall also be penalized according to this Article. [REVISED]
5. The person takes action in preparation of committing this crime in accordance with clause 1 of this article shall be subject to between 3 and 7 years of imprisonment. The person takes action in preparation of committing this crime in accordance with clause 2 of this article shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 114 (originally article 85) – Sabotaging the material-technical foundations of the Socialist Republic of Vietnam
1. Those who intend to oppose the people’s administration by sabotaging the material- technical foundations of the Socialist Republic of Vietnam in the political, security, defense, scientific-technical, cultural or social fields shall be sentenced to between 12 and 20 years of imprisonment, life imprisonment or capital punishment.
2. In the case of committing less serious crimes, the offenders shall be sentenced to between 5 and 15 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 115 (originally article 86) – Undermining the implementation of socio-economic policies
1. Any persons who oppose the people’s administration by undermining the implementation of socio-economic policies shall be sentenced to between 7 and 15 [REDUCED FROM 20] years of imprisonment.
2. In the case of committing less serious crimes, the offenders shall be sentenced to between 3 and 7 years of imprisonment.
Article 116 (originally article 87) – Undermining the unity policy
1. Those who commits one of the following acts with a view to opposing the people’s administration shall be sentenced to between [INCREASED FROM 5] and 15 years of imprisonment:
a) Sowing division among people of different strata, between people and the armed forces or the people’s administration or political [ADDED] and social organizations;
b) Sowing hatred, ethnic bias and/or division and separation, [ADDED] infringing upon the rights to equality among the community of Vietnamese nationalities;
c) Sowing division between religious people and non-religious people, between people of different religions, [ADDED] division between religious believers and the people’s administration or political [ADDED] and social organizations;
d) Undermining the implementation of policies for international solidarity.
2. In case of committing less serious crimes, the offenders shall be sentenced to between 2 and 7 years of imprisonment.
Article 117 (originally article 88) – Making, storing, disseminating or propagandizing materials and products that aim to oppose the State of the Socialist Republic of Vietnam [REVISED]
1. Those who commit one of the following acts against the State of the Socialist Republic of Vietnam shall be sentenced to between 5 and 12 years of imprisonment:
a) Making, storing, disseminating or propagandizing materials and products with contents that distort and/or defame the people’s administration;
b) Making, storing, disseminating or propagandizing information, materials or products with fabricated contents, causing confusion among the people;
c) Making, storing, disseminating or propagandizing information, materials or product that cause psychological warfare.[REVISED]
2. In the case of committing particularly serious crimes, the offenders shall be sentenced to between 10 and 20 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 118 (originally article 89) – Disrupting security
1. Those who intend to oppose the people’s administration by inciting, involving and gathering many people to disrupt security, oppose officials on public duties, obstruct activities of agencies and/or organizations, which fall outside the cases stipulated in Article 112 of this Code, shall be sentenced to between 5 and 15 years of imprisonment.
2. Other accomplices shall be sentenced to between 2 and 7 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 119 (Originally article 90) – Destroying detention facilities
1. Those who intend to oppose the people’s administration by destroying detention facilities, organizing escapes from detention facilities, rescuing detainees or escorted persons or escaping from detention facilities shall be sentenced to between 10 and 20 years of imprisonment or life imprisonment.
2. In the case of committing less serious crimes, the offenders shall be sentenced to between 3 and 10 years of imprisonment.
3. The person takes action in preparation of committing this crime shall be subject to between 1 and 5 years of imprisonment. [NEW]
Article 120 (originally clause 2 of article 91) – Organizing, coercing and instigating others to flee abroad or to defect and stay overseas in order to oppose the people’s administration
1. Those who organize, coerce and instigate others to flee abroad or to stay abroad in order to oppose the people’s administration shall be sentenced to between 5 and 15 years of imprisonment.
2. In the case of committing particularly serious crimes, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment.
Article 121 (originally article 91) – Fleeing abroad or defecting to stay overseas in order to oppose the people’s administration
1. Those who flee abroad or defect overseas with a view to opposing the people’s administration shall be sentenced to between 3 and 12 years of imprisonment.
2. In the case of committing particularly serious crimes, the offenders shall be sentenced to between 12 and 20years of imprisonment or life imprisonment.
Article 122 (originally article 92) – Additional penalties
Persons who commit crimes defined in this Chapter shall also be deprived of a number of civic rights, subject to probation, residence ban for between 1 and 5 years, confiscation of part or whole of the property.
Additional note: In the revised penal code’s Crimes of Infringing upon National Security, article 83 (Conducting banditry activities) was eliminated. Article 91 (Fleeing abroad or defecting to stay overseas with a view to opposing the people’s administration) was separated into two new articles: article 120 (Organizing, coercing and instigating others to flee abroad or defect overseas with a view to opposing the people’s administration) and article 121 (Fleeing abroad or defecting to stay overseas with a view to opposing the people’s administration).
Article 330 (originally article 258) – Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens
1. Those who abuse the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens, shall be subject to warning, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
2. Committing the offense and causing bad influence on security, order and social safety, the offenders shall be sentenced to between 2 and 7 years of imprisonment. [REVISED]
