Each country has its own legal system based on factors of political, economic, cultural, social, religious institutions, etc. In which, Criminal Law is also one of the different branches of law certain differences in each country. This explains the fact that many cases where the person committing an offense is a crime in one country, but with the Criminal Law of another country it is not a crime. So when foreigners commit crimes in Viet Nam, how to handle them? LSX Law firm will answer this question in the following article.
Criminal Law 2015
Law on foreigners commit crimes in Viet Nam
Jurisdiction over foreigners committing crimes in the Vietnamese territory in the 2015 Criminal Law; as amended and supplemented in 2017 with the following provisions:
“For foreigners who commit crimes in the territory of the Socialist Republic of Vietnam who has right to diplomatic ; or consular immunity under Vietnamese law; under international treaties to which the Socialist Republic If Vietnam is a member; or accordingly international practice; their criminal liability shall be resolved; accordingly the provisions of the international treaty; or accordingly that international practice. Where such international treaty does not stipulate or has no international custom; their criminal liability shall be settled through diplomatic means.
The principle of national sovereignty has been expressed very clearly in the above regulation. Accordingly, Vietnam will be the country with jurisdiction to criminally handle foreigners committing crimes in the Vietnamese territory. This means, based on the crimes committed by foreigners; they must be responsible according to the law like Vietnamese citizens committing crimes accordingly the criminal law in Vietnam. However, in order to ensure the principle of international law; there are exceptions. That is, in the case of a foreigner committing a crime in the Vietnamese territory and subject to diplomatic or consular immunity under Vietnamese law accordingly international treaties to which the Socialist Republic of Vietnam is a contracting party.
Punishments for offenders
Regarding punishments for offenders; deportation is the most specific punishment. For this penalty, the Government issued Decree 54/2001/ND-CP to guide the implementation of the expulsion penalty. Expulsion is the main 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 within a certain period of time Vietnam.
In case a foreigner commits a crime in the Vietnamese territory and is not subject to diplomatic; or consular immunity accordingly the above provisions; based on the criminal components committed by the foreigner; they must responsible accordingly the provisions of law; like Vietnamese citizens committing crimes.
Language disagreement is also one of the great obstacles; especially in the process of investigation; interrogation; litigation at court hearings; sentencing; etc., which requires someone to translate for foreigners crimes in their mother tongue. In addition, there are difficulties in determining the identity of foreigners committing crimes such as age criminal record criminal record, etc.
Territorial jurisdiction to settle and adjudicate criminal cases involving foreign elements: “If the defendants commit crimes abroad; if they are tried in Vietnam; the People’s Courts province of the defendant’s last place of residence in the trial country. If the last place of residence of the accused cannot be determined; depending on the case; the Chief Justice of the Supreme People’s Court shall issue a decision to assign the People’s Court of Hanoi; or the People’s Court of Ho Chi Minh City to the People’s Court of Hanoip; Tried by Chi Minh.
If defendants commit crimes abroad; if they fall under the jurisdiction of a military court; they will be tried by a military court of military zone level; or higher under a decision of the chief justice of the Central Military Court.