25 acts of preparing to commit a crime will still be punished from January 1, 2018

DNUM_BJZBCZCABH 10:44

Finding means, joining groups, facilitating acts of murder, robbery, espionage, terrorism... are all considered crimes.

According to the 2015 Penal Code effective from January 1, 2018: Crime is an act dangerous to society as prescribed in the Penal Code, committed intentionally or unintentionally by a person with criminal responsibility or a commercial legal entity, violating the independence, sovereignty, unity, and territorial integrity of the Fatherland, violating the political regime, economic regime, culture, national defense, security, social order and safety, rights and legitimate interests of organizations, violating human rights, rights and legitimate interests of citizens, violating other areas of the socialist legal order that, according to the provisions of this Code, must be criminally prosecuted...

Article 14 defines: Preparing to commit a crime is searching for, preparing tools, means or creating other conditions to commit a crime or establishing, participating in a criminal group.

People who prepare to commit crimes must bear criminal responsibility for 25 out of 314 crimes in five groups of crimes: violations of national security, crimes against human life, health, reputation, and dignity; violations of property; violations of economic management order and crimes against public safety.

Here are 25 crimes for which the person preparing to commit the crime must also bear criminal responsibility:

Article 123: Murder

Anyone who commits murder in one of the following cases: killing two or more people, killing a person under 16 years old, killing a woman who is known to be pregnant, to take the victim's body parts, in a hooligan or organized manner... shall be sentenced to 12-20 years in prison, life imprisonment or death.

Anyone preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 168: Robbery

Anyone who uses force, threatens to use force immediately, or commits other acts that cause the victim to be unable to resist in order to appropriate property shall be sentenced to imprisonment for 3-10 years.

A person preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 108: Treason against the Fatherland

Any Vietnamese citizen who colludes with a foreign country to harm the independence, sovereignty, unity and territorial integrity of the Fatherland, the socialist regime and the Socialist Republic of Vietnam, or national defense and security potential shall be sentenced to 12-20 years in prison, life imprisonment or death.

If the offender commits a crime in a case with many mitigating circumstances, he/she will be sentenced to 7-15 years in prison.

A person preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 109: Activities aimed at overthrowing the people's government

Anyone who establishes or participates in an organization aimed at overthrowing the people's government is guilty of this crime. Organizers, instigators, active participants, or those who cause serious consequences shall be sentenced to 12-20 years in prison, life imprisonment, or death. Other accomplices shall be sentenced to 5-12 years in prison.

A person preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 110: Espionage

A person who commits one of the following acts: conducting intelligence activities, sabotage or creating bases for intelligence activities, sabotage of the Socialist Republic of Vietnam; creating bases for intelligence activities, sabotage under the direction of foreign countries; conducting spying, informing, harboring, guiding or performing other acts to help foreigners conduct intelligence activities, sabotage; providing or collecting to provide State secrets to foreign countries; collecting, providing news, other documents for the purpose of being used by foreign countries against the Socialist Republic of Vietnam shall be sentenced to 12-20 years in prison, life imprisonment or death penalty:

If the offender is in a less serious case, he/she will be sentenced to 5-15 years in prison. A person who prepares to commit this crime will be sentenced to 1-5 years in prison.

A person who has accepted to be a spy but failed to carry out the assigned task and confessed and honestly reported to the competent state agency shall be exempted from criminal liability for this crime.

Article 111: Violation of territorial security

Anyone who invades the territory, commits an act that distorts the national border or commits another act that harms the territorial security of the Socialist Republic of Vietnam shall be considered to have committed the above crime.

Specifically, the organizer, active participant or person causing serious consequences shall be sentenced to 12-20 years in prison or life imprisonment. Other accomplices shall be sentenced to 5-15 years in prison. The person preparing to commit this crime shall be sentenced to 1-5 years in prison.

Article 112: Riot

Anyone who engages in armed activities, uses organized violence, or loots the property of agencies, organizations, or individuals to oppose the people's government shall be charged with the crime of Riot. Organizers, active participants, or those who cause serious consequences shall be sentenced to 12-20 years in prison, life imprisonment, or death. Accomplices shall be sentenced to 5-15 years in prison. Those who prepare to commit this crime shall be sentenced to 1-5 years in prison.

Article 113: Terrorism against the people's government

Anyone who, with the aim of opposing the people's government, infringes upon the lives of cadres, civil servants or other people, shall be sentenced to 12-20 years in prison, life imprisonment or death.

Committing a crime in the following cases: establishing or participating in a terrorist organization or organization that finances terrorism; coercing, enticing, recruiting, training, or coaching terrorists; violating the physical freedom or health of officials, civil servants, or other people shall be punished with imprisonment of 10-15 years.

Committing a crime in case of threatening to infringe upon life or having other acts of mental intimidation shall be punished by imprisonment of 5-10 years.

Terrorizing foreign individuals, organizations or international organizations with the aim of causing difficulties for the international relations of the Socialist Republic of Vietnam shall also be punished according to this Article. A person who prepares to commit this crime shall be sentenced to imprisonment of 1-5 years.

Article 114: Destruction of material and technical facilities of the Socialist Republic of Vietnam

Anyone who, with the aim of opposing the people's government, sabotages the material and technical facilities of the Socialist Republic of Vietnam in the fields of politics, national defense, security, economy, science and technology, culture and society shall be sentenced to 12-20 years in prison, life imprisonment or death. In less serious cases, the crime shall be sentenced to 5-15 years in prison.

A person preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 115: Sabotaging the implementation of socio-economic policies

Anyone who, with the aim of opposing the people's government, sabotages the implementation of socio-economic policies shall be sentenced to 7-15 years in prison. In less serious cases, the crime shall be sentenced to 3-7 years in prison.

A person who prepares to commit this crime is subject to imprisonment from six months to three years.

Article 116: Undermining the solidarity policy

Anyone who commits one of the following acts: causing division among the people, between the people and the people's government, the people's armed forces, and socio-political organizations; causing hatred, discrimination, division, ethnic secession, violating the right to equality in the community of Vietnamese ethnic groups; causing division between religious people and non-religious people, between people of different religions, dividing religious believers and the people's government, and socio-political organizations; sabotaging the implementation of the policy of international solidarity with the aim of opposing the people's government, shall be sentenced to 7-15 years in prison.

Committing a crime in less serious cases is punishable by imprisonment for 2-7 years. A person preparing to commit this crime is punished by imprisonment for 6 months to 3 years.

Article 117: Making, storing, disseminating or propagating information, documents or items aimed at opposing the Socialist Republic of Vietnam

Anyone who commits one of the following acts: making, storing, disseminating or propagating information, documents or items with content that distorts or defames the people's government; making, storing, disseminating or propagating information, documents or items with fabricated content that causes confusion among the people; making, storing, disseminating or propagating information, documents or items that cause psychological warfare against the Socialist Republic of Vietnam shall be sentenced to 5-12 years in prison.

Committing a crime in particularly serious cases shall be punishable by 10-20 years in prison. A person preparing to commit this crime shall be punished by 1-5 years in prison.

Article 118: Disruption of security

Anyone who, with the aim of opposing the people's government, incites, entices, or gathers many people to disrupt security, opposes people on official duty, or obstructs the activities of agencies or organizations, if not falling under the cases specified in Article 112 of this Code, shall be sentenced to imprisonment from 5 to 15 years.

Accomplices are sentenced to 2-7 years in prison. Those who prepare to commit this crime are sentenced to 6 months to 3 years in prison.

In addition to crimes against security, lawyers must also report their clients if they know that they are committing particularly serious crimes. Particularly serious crimes, as defined in this Code, are crimes of an especially great nature and level of danger to society, for which the maximum penalty prescribed by this Code is from over 15 years to 20 years in prison, life imprisonment or the death penalty.

Article 123: Murder

Anyone who commits murder in one of the following cases: killing two or more people, killing a person under 16 years old, killing a woman who is known to be pregnant, to take the victim's body parts, in a hooligan or organized manner... shall be sentenced to 12-20 years in prison, life imprisonment or death.

Anyone preparing to commit this crime is subject to imprisonment for 1-5 years.

Article 168: Robbery

Anyone who uses force, threatens to use force immediately, or commits other acts that cause the victim to be unable to resist in order to appropriate property shall be sentenced to imprisonment for 3-10 years.A person preparing to commit this crime is subject to imprisonment for 1-5 years.

The remaining 10 crimes include: Sabotaging detention facilities (Article 119), Organizing, forcing, inciting others to flee abroad or stay abroad to oppose the people's government (Article 120), Fleeing abroad or staying abroad to oppose the people's government (Article 121), Intentionally causing injury or harm to the health of others (Article 134), Kidnapping to appropriate property (Article 169), Making, storing, transporting, circulating counterfeit money (Article 207), Terrorism (Article 299), Financing terrorism (Article 300), Kidnapping hostages (Article 301), Piracy (Article 302), Destroying important works, facilities, and means related to national security (Article 303).

According to VNE

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25 acts of preparing to commit a crime will still be punished from January 1, 2018
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