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Criminal Code (Law No. 100/2015/QH13).

Country
Type of law
Legislation
Source

Abstract
The Criminal Code is meant to protect Vietnam’s sovereignty and security; protect the socialism regime, human rights, citizenship rights; protect the equality among ethnic groups; protect interests of the State; organize and protect the law; punish crimes; raise people’s awareness of compliance with the law; prevent and fight crimes. The Code consists of 426 Articles divided into 26 Chapters.
This Code provides for crimes and punishments. According to Article 3, every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law; All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class, or social status.
Chapter XI specifies the regulations applied to commercial legal entities committing criminal offences. Article 76 refers to the scope of criminal responsibility of a corporate legal entity. A corporate legal entity shall only bear criminal responsibility for the following criminal offences: Article 190 (Manufacture or trading of banned commodities); Article 191 (Storage or transport of banned commodities); Article 192 (manufacture or trading of counterfeit foods, foodstuff, or food additives); Article 194 (Manufacture of trading of counterfeit medicines for treatment or prevention of diseases); Article 195 (Manufacture or trading of counterfeit animal feeds, fertilizers, veterinary medicine, pesticides, plant varieties, animal breeds); Article 227 (violations against regulations on survey, exploration and extraction of natural resources); Article 232 (Violations against regulations on forest extraction and protection); Article 234 (Violations against regulations on management and protection of wild animals); Article 235 (Causing environmental pollution); Article 237 (Violations against regulations on environmental emergency prevention, response, and relief); Article 238 (Violations against regulations on protection of irrigation works, embankments, and works for protection against natural disasters; Violations against regulations on protection of river banks); Article 239 (Import of wastes into Vietnam’s territory); Article 22 (Destruction of aquatic resources); Article 243 (Forest destruction); Article 244 (Violations against regulations on management and protection of endangered, rare animals); Article 245 (Violations against regulations on management of wildlife sanctuaries); Article 246 (Import and spread of invasive alien species); etc. According to Article 79, permanent shutdown means termination of a corporate legal entity's activities in one or some fields in which the corporate legal entity causes damage or possibly harms life, health of many people, causes environmental emergencies, or negatively impact social security or order, and the damage cannot be repaired.
Chapter XV specifies offences against personal liberty, citizens' rights to freedom and democracy. Article 162 refers to crimes on forcing officials to resign or laying off workers against the law. Article 165 refers to crimes on infringement of gender equality.
Chapter XVI specifies offences against rights of property. Chapter XVIII deals with economic offences. Article 193, in particular, describes offences of manufacturing and trading of counterfeit food or food additives. Chapter XIX specifies environmental offences. Article 235 deal with crimes causing environmental pollution. Article 238 describes offences against regulations on protection of irrigation works, embankments, and disaster protection works; offences against regulations on protection of river banks. Article 237. describes offences against regulations on prevention, response, and relief of environmental emergencies. Article 243 deals with forest destruction, such as setting fire or destroying forests.
Date of text
Entry into force notes
This Law enters into force on 1 July 2016.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
BỘ LUẬT HÌNH SỰ (Số: 100/2015/QH13).