10 crimes with fines, effective from January 1, 2018

Humiliating others, violating gender equality rights, unintentionally causing injury... are crimes that can be fined without a prison sentence.

The 2015 Penal Code took effect on January 1, 2018, with one of the new points being the expansion of penalties that do not apply detention measures.For the following 10 crimes, if the act falls under clause 1, the offender may be subject to a fine by the court.

Article 155: Humiliating others

Anyone who seriously insults the dignity or honor of another person shall be subject to a warning, a fine of 10-30 million VND, or non-custodial reform for up to 3 years.

Imprisonment from 3 months to5 years applies to criminals who abuse their positions and powers; to people performing public duties; to people who educate, raise, care for, or treat them, causing mental and behavioral disorders in victims of 11% or more, or causing victims to commit suicide.

Article 165: Violation of gender equality rights

Anyone who, for gender reasons, commits any act that prevents others from participating in activities in the fields of politics, economics, labor, education and training, science and technology, culture, information, physical education, sports, or health, and has been disciplined or administratively sanctioned for this act but continues to commit the violation, shall be subject to a warning, a fine of 5 to 50 million VND, or non-custodial reform for up to two years.

Illustration.

Committing a crime in one of the following cases is punishable by a fine of 50-100 million VND or imprisonment from three months to two years: taking advantage of one's position or power; committing the crime two or more times; against two or more people.

Offenders may also be banned from holding positions, practicing a profession or doing certain jobs from one to five years.

Article 183: Organizing early marriage

Anyone who organizes marriages for people under marriageable age, has been administratively sanctioned for this act and continues to violate it, shall be fined 10-30 million VND or be subject to non-custodial reform for up to two years.

The penalty under the 1999 Penal Code is a warning, non-custodial reform for up to two years, or imprisonment from three months to two years.

Article 197: False advertising

The signs of a crime are those who have falsely advertised goods and services, have been administratively sanctioned for this act or have been convicted of this crime, have not had their criminal record cleared, and continue to violate. Penalties include: a fine of 10-100 million VND or non-custodial reform for up to three years.

Offenders may also be fined from 5 to 50 million VND and banned from practicing a profession or doing certain jobs for 1 to 5 years.

Article 205: Establishing illegal funds

Anyone who abuses his/her position and power to establish a fund in violation of the law and uses that fund to cause damage to State property of 50-200 million VND or has been disciplined for this act but still violates it shall be subject to a fine of 50-100 million VND or to non-custodial reform for up to three years.

A person who commits a crime in one of the following cases shall be fined 100-500 million VND or imprisoned for 1-5 years: using cunning tricks to evade control; to commit other illegal acts; causing damage to State property from 200 million VND to less than one billion VND.

A person who commits a crime causing damage to state property of one billion VND or more shall be sentenced to 5-10 years in prison.

Article 231: Intentionally violating regulations on distribution of relief money and goods

Anyone who abuses his/her position or power to intentionally violate regulations on the distribution of relief money and goods, causing damage or loss of relief money and goods from 100 to under 300 million VND, shall be subject to a warning, a fine of 50-200 million VND, or non-custodial reform for up to two years.

The fine will be from 200 million to 1 billion VND or a prison sentence of 1-5 years if the offender is: organized; committed two times or more; causes damage or loss of money or relief goods worth 300 million VND or more; causes negative impacts on security, order and social safety.

Article 135: Intentionally causing injury or harm to the health of another person in a state of strong mental agitation

NAny person who intentionally causes injury or harm to the health of another person with a bodily injury rate of 31% to 60% while in a state of strong mental agitation due to the victim's serious illegal act against that person or against that person's relatives shall be fined 10-50 million VND or sentenced to non-custodial reform for up to three years.

Committing a crime in one of the following cases shall be punishable by imprisonment from six months to three years: with two or more people, each person's body injury rate is 31-60%; causing injury or damage to the health of another person with a bodily injury rate of 61% or more or leading to death.

Article 136: Intentionally causing injury or harm to the health of another person due to exceeding the limits of legitimate defense or due to exceeding the necessary level when arresting a criminal

Anyone who intentionally causes injury or harm to the health of another person with a bodily injury rate of 31% to 60% due to exceeding the limits of legitimate defense or due to exceeding the necessary level when arresting a criminal shall be subject to a fine of 5-20 million VND or non-custodial reform for up to three years.

Committing a crime in one of the following cases shall be punishable by imprisonment from three months to two years: with two or more people, each person's bodily injury rate is from 31% to 60%; causing injury or damage to the health of another person, the bodily injury rate is 61% or more.

If the crime results in death or injury or damage to the health of two or more people, with each person's bodily injury rate being 61% or higher, the perpetrator shall be sentenced to 1-3 years in prison.

Article 138: Unintentionally causing injury or damage to the health of another person

Anyone who unintentionally causes injury or harm to the health of another person with a bodily injury rate of 31% to 60% shall be subject to a warning, a fine of 5-20 million VND, or non-custodial reform for up to three years.

Committing a crime in one of the following cases shall be punishable by imprisonment from three months to two years:with two or more people, each person's body injury rate is from 31% to 60%; gCausing injury or damage to the health of another person with a bodily injury rate of 61% or more.

A prison sentence of 1-3 years applies to those who commit crimes against two or more victims, with each person's body injury rate being 61% or higher.

Article 281: Violation of regulations on maintenance, repair and management of traffic works

Any person responsible for the maintenance, repair, or management of road, railway, waterway, or air traffic works who commits one of the following acts, causing injury or damage to the health of one person with a bodily injury rate of 31% to 60% or causing injury or damage to the health of two or more people with a total bodily injury rate of 31% to 60%, shall be subject to a fine of 30 million to 100 million VND or to non-custodial reform for up to three years:

- Failure to implement or improper implementation of regulations on maintenance, repair and management so that traffic works do not ensure the technical safety status and technical standards of the works related to ensuring traffic safety;

- Failure to promptly repair damaged traffic works, threatening traffic safety;

- Failure to implement or improper implementation of traffic guidance and control measures, placing signs, markers, and barriers to prevent accidents when traffic works have been damaged or are undergoing maintenance or repair;

- Not regularly checking and implementing traffic safety measures on dangerous mountain passes, roads with landslides, land subsidence, flooding or on roads at risk of not ensuring traffic safety;

- Failure to take timely measures to handle and prevent accidents when detecting or receiving reports of damage to traffic works under one's management authority;

- Not placing or not placing enough protective signals according to regulations for construction and repair of traffic works;

- Not cleaning up or disposing of protective signs, barriers, vehicles, and materials after construction is completed;

- Other violations in maintenance, repair and management of traffic works.

In case of causing injury, damage to health at a higher level or causing more damage, the penalty will be from 6 months to 15 years in prison.

According to VNE