Are foreigners committing crimes in Vietnam punished by Vietnamese law?

by QuynhHuong

Accordingly, Vietnam is an open and friendly country in the eyes of friends from all over the world. However, a number of foreigners, including foreign nationals and stateless people, have committed “bad” acts in violation of the provisions of the Penal Code of our country. So, are foreigners committing crimes in Vietnam punished by Vietnamese law? Let’s find out with LSX!

  • 2015 Criminal Code
  • 2008 Citizenship Law
  • 2007 Law on Mutual Legal Assistance

Who is a foreigner?

Hence the regulation in point 2, Article 3 of the Law on Vietnamese Nationality, a foreigner is understood as a person with a nationality other than Vietnamese (foreign citizen) and a stateless person; “foreigner residing in Vietnam” is a “stateless foreign citizen who permanently or temporarily resides in Vietnam.

Are foreigners committing crimes in Vietnam subject to criminal prosecution?

Correspondingly, Clause 2, Article 5 of the 2015 Penal Code, stipulates:

For foreigners who commit crimes in the territory of the Socialist Republic of Vietnam who are entitled to diplomatic or consular immunity under Vietnamese law; following international treaties to which the Socialist Republic of Vietnam is a member. In case Vietnam is a member, or according to international practice, its criminal liability will resolve in accordance with the provisions of the international treaty or according to that international practice. Where such international treaty does not stipulate or has no international custom, their criminal liability shall settle through diplomacy.

Thus, in case a foreigner commits a crime in the Vietnamese territory; and is not subject to diplomatic or consular immunity according to the above provisions; based on the criminal components committed by the foreigner; they also must be responsible according to the provisions of law like Vietnamese citizens committing crimes.

How are foreigners who commit crimes in Vietnam handled?

Among the penalties applied to foreign offenders, deportation is the most specific. For this penalty, the Government issued Decree 54/2001/ND-CP to guide the execution of the expulsion penalty. Following Clause 1, Article 1 of this Decree:

“The main penalty or additional penalty applied to a foreigner who commits a crime (a person without Vietnamese nationality), forcing him or her to leave the territory of the Socialist Republic of Vietnam within a certain period of time. .”

In addition, a foreign national who commits a crime in the Vietnamese territory shall get extract to the country where he or she has nationality; following the Law on Mutual Legal Assistance 2007 as follows:

Article 32. Extradition for criminal prosecution or judgment enforcement

  • Extradition means the transfer by a country to another country of a person; who commits an offense or a criminal convict who is present in its territory; so that the transferred country carries out criminal prosecution or judgment enforcement against him or her that person.
  • Vietnam’s competent procedure-conducting agencies may:
    • Request a foreign competent authority to extradite to Vietnam a person who has committed a crime; or has been convicted of a criminal offense whose judgment has taken legal effect for criminal prosecution or judgment enforcement
    • Carry out the extradition of foreigners who are in the Vietnamese territory who committing a crime; otherwise convicting a criminal offense, whose judgment has taken legal effect; to the requesting country for criminal prosecution or enforcement. sentencing.”

Lastly, thank you for paying attention to our article on “Are foreigners committing crimes in Vietnam punished by Vietnamese law?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

What is a very serious crime?

Very serious crime is a crime of great nature and danger to society, for which the highest level of the penalty frame prescribed by the 2015 Amendment and 2017 Penal Code for such crime is more than 07 to 15 years in prison;

What is a particularly serious crime?

A particularly serious crime is a crime of particularly great nature and danger to society, for which the highest level of the penalty frame prescribed by the 2015 Amendment and 2017 Penal Code for such crime is from over 15 years to 20 years in prison, life imprisonment or capital punishment.

What is an intentional crime?

Intentionally committing a crime is committing a crime in the following cases:
Offenders are aware that their acts are dangerous to society, foresee the consequences of such acts, and expect the consequences to happen;
Offenders are aware that their acts are dangerous to society, foresee the possible consequences of such acts, although they do not want to, they still have the consciousness to let the consequences happen.

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