Handling of minors who break the law
(Baonghean) - People aged 16 and over who violate the law will be administratively punished for all administrative violations and will also be criminally responsible for all crimes.
- According to the 2002 Ordinance on Handling of Administrative Violations (amended and supplemented), there are two main forms of punishment: warning and fine. People from 14 to under 16 years old will only be given a warning; people from 16 to under 18 years old can be fined. In addition, minors who commit administrative violations may also be subject to other administrative measures such as: education at the commune, ward, or town level; and being sent to a reformatory school.
- The age of criminal responsibility is defined as follows:
+ People from 16 years of age and older must bear criminal responsibility for all crimes.
+ Persons aged 14 years or older, but under 16 years old, must bear criminal responsibility for very serious intentional crimes or especially serious crimes.
A minor may be exempted from criminal prosecution if he or she commits a less serious crime or a serious crime that causes little damage, has many mitigating circumstances, and is supervised and educated by his or her family, agency, or organization.
- Regarding civil liability, if a person under 15 years old causes damage and his/her parents are still alive, the parents must compensate for all the damage; if the parents' assets are not enough to compensate and the child has his/her own assets, that asset will be used to compensate for the remaining amount. A person from 15 years old to under 18 years old who causes damage must compensate with his/her own assets; if there is not enough assets to compensate, the parents must compensate for the remaining amount with their own assets.
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