How will resisting law enforcement be handled?

People need to correctly understand and grasp the current legal regulations on illegal acts against law enforcement officers so as not to be taken advantage of, enticed, or incited to commit illegal activities.

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In cases of serious resistance to law enforcement officers, the violator may be prosecuted. Regarding criminal proceedings, if there are sufficient signs of a crime, the person who resists law enforcement officers will be prosecuted according to Article 330 of the 2015 Penal Code, amended in 2017.

"Article 330 stipulates: Crime of resisting a person performing official duties includes: A person who uses force, threatens to use force or uses other tricks to prevent a person performing official duties from performing their official duties, or forces them to commit illegal acts shall be subject to non-custodial reform for up to 3 years; or imprisonment from 6 months to 3 years.

A person who commits a crime in one of the following cases shall be sentenced to imprisonment from 2 to 7 years: a) Organized; b) Committing the crime 2 times or more; c) Inciting, enticing, or inciting others to commit a crime; d) Causing property damage of 50,000,000 VND or more; e) Dangerous recidivism”.

Regarding administrative handling, acts of resisting officials on duty that do not reach the level of criminal prosecution will be administratively handled according to the provisions of Article 20, Decree 167/2013/ND-CP, with a fine of up to VND 5,000,000. Specifically: A fine of VND 500,000 to VND 1,000,000 will be imposed for acts of brokerage, assisting, or instructing individuals and organizations to violate the law to evade inspection, examination, or control by officials on duty.

Some residents of Binh Thuan hamlet, Nghi Thuan commune (Nghi Loc) protested against the authorities closing the trail across WHA Industrial Park on July 13, 2022. Photo courtesy

A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts: Obstructing or failing to comply with the request for inspection, examination or control of a person performing official duties. Using words or actions to threaten, insult or offend the honor or dignity of a person performing official duties. Inciting, enticing or inciting others to not comply with the request for inspection, examination or control of a person performing official duties.

A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts: Using force or threatening to use force to resist a person performing official duties; Causing damage to property or means of a State agency or person performing official duties; Giving money, property or other material benefits to a person performing official duties to evade handling of an administrative violation.

Additional penalty: Confiscation of money, property or other material benefits for the acts specified in Point c, Clause 3, Article 20 of Decree 167/2013/ND-CP".

Elements of the crime of resisting a person on official duty

These are the following elements: Using force against a person performing official duties. This behavior is demonstrated by the offender using force with or without weapons to impact the body of the person performing official duties such as punching, kicking, hitting...

However, if the act of using force causes injury, the rate of injury must not be at the level of being prosecuted for criminal liability for intentionally causing injury or causing harm to the health of others.

Threatening to use force against a person performing official duties. This behavior is shown through the offender's words and gestures of using force to intimidate the person performing official duties (such as threatening to break an arm, threatening to kill someone, etc.).

Using other means (in addition to the above acts) to threaten law enforcement officers (such as threatening to burn down houses, destroy property, etc.).