Law No. 12/2017/QH14 of June 20, 2017, on Amendments to the Criminal Code No. 100/2015/QH13, Viet Nam, WIPO Lex

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Vietnamese Luật số 12/2017/QH14 ngày 20/06/2017 sửa đổi, bổ sung một số điều của Bộ luật Hình sự số 100/2015/QH13

English Law No. 12/2017/QH14 of June 20, 2017, on Amendments to the Criminal Code No. 100/2015/QH13

Law No. 12/2017/QH14 of June 20, 2017, on amendments to the Criminal Code No. 100/2015/QH13

NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM -------- Independence - Freedom - Happiness

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No. 12/2017/QH14 Hanoi, June 20, 2017

LAW

ON AMENDMENTS TO THE CRIMINAL CODE NO. 100/2015/QH13

Pursuant to Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on amendments to the Criminal Code No. 100/2015/QH13.

Article 1. Amendments to Criminal Code No. 100/2015/QH13

1. Article 3 is amended as follows:

a) Point d Clause 1 Article 3 is amended as follows:

“d) Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner, or with intent to inflict extremely serious consequences shall be strictly punished.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; cooperate with responsible for authorities in discovery of crimes or during the case; express contrition; voluntarily compensate for damage they inflict;”;

b) Point d Clause 2 Article 3 is amended as follows:

“d) Leniency shall be showed towards corporate legal entities that cooperate with responsible for authorities in discovery of crimes or during the proceeding, voluntarily compensate for damage they inflict, proactively prevent or alleviate consequences.”.

2. Article 9 is amended as follows:

“Article 9. Classification of crimes

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.”.

3. Clause 2 Article 12 is amended as follows:

“2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.”.

4. Article 14 is amended as follows:

“Article 14. Preparation for crimes

1. Preparation for a crime means finding, preparing tools, equipment, or other conditions for the crime, or establishing, joining a group of criminals, except in the circumstances specified in Article 109, Point a Clause 2 Article 113, or Point a Clause 2 Article 299 hereof.

2. A person who prepares for any of the crimes specified in Articles 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 134, 168, 169, 207, 299, 300, 301, 302, 303, 324 hereof shall bear criminal responsibility.

3. A person from 14 to under 16 years of age who prepares for any of the crimes specified in Article 123 and Article 168 hereof has to bear criminal responsibility.”.

5. Article 19 is amended as follows:

“Article 19. Misprision

1. Any person who knows that a crime is being prepared, being carried out, or has been carried out but fails to report it shall bear criminal responsibility for misprision as prescribed in Article 390 hereof.

2. A person who fails to report the crime shall not bear criminal responsibility as prescribed in Clause 1 of this Article if he/she is a grandparent, parent, child, niece/nephew, sibling, spouse of the offender, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.

3. If defender of an offender has knowledge of the crime that was committed or participated in by the person he/she defends while performing the defender's duties, the defender shall not bear criminal responsibility as prescribed in Clause 1 of this Article, except for failure to report the crimes specified in Chapter XIII hereof or other extremely serious crimes.”.

6. Article 51 is amended as follows:

a) Point s and Point t Clause 1 Article 51 are amended as follows:

“s) The offender expresses cooperative attitude and/or contrition;

t) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;”;

b) Point x Clause 1 Article 51 is amended as follows:

“x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.”.

7. Clause 3 Article 54 is amended as follows:

“3. If all of the conditions specified in Clause 1 or Clause 2 of this Article are satisfied but there is only one sentence bracket, or the current sentence bracket is already most lenient, the Court may pass a sentence that is lighter than the sentence bracket or switch over to a lighter sentence. The reasons for imposition of a lighter sentence must be specified in the judgment.”.

8. Article 61 is amended as follows:

“Article 61. Non-application of time limit for sentence execution

There are no time limits for execution of sentences for the crimes specified in Chapter XIII, Chapter XXVI, Clause 3 and Clause 4 Article 353, Clause 3 and Clause 4 Article 354 hereof.”.

9. Clause 1 and Clause 2 Article 66 are amended as follows:

“1. A person serving an imprisonment sentence (prisoner) for a serious crime, very serious crime or extremely serious crime which has been commuted; a person serving an imprisonment sentence for a less serious crime may be granted parole when all of the following conditions are satisfied:

a) The prisoner does not have prior criminal record;

b) The prisoner shows remarkable improvements;

c) The prisoner has a fixed residence;

d) The prisoner has paid fines, legal costs, and civil compensation in full;

dd) The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment which is commuted to determinate imprisonment.

A prisoner who is a revolutionist, a revolutionist’s relative, wounded soldier, sick soldier, a person aged 70 or older, a person suffering from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment or at least 12 years of life imprisonment which is commuted to determinate imprisonment;

e) The offence is not committed in any of the circumstances specified in Clause 2 of this Article.

2. Parole shall not be granted to:

a) a person that is convicted of any of the crimes specified in Chapter XIII, Chapter XXVI, Article 299 hereof; any person sentenced to 10 years' imprisonment or longer for deliberately committing any of the crimes specified in Chapter XIV hereof; any person sentenced to 07 years’ imprisonment or longer for any of the crimes specified in Articles 168, 169, 248, 251 and 252 hereof;

b) any person sentenced to death and granted commutation or any person in the circumstance specified in Clause 3 Article 40 hereof.”.

10. Article 71 is amended as follows:

“Article 71. Conviction expungement under a court's decision

1. Conviction expungement under a court's is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI hereof. The court shall decide whether to grant conviction expungement in consideration of the nature

of the crimes committed, the convicts' obedience to the law and working attitude, and fulfillment of the conditions specified in Clause 2 of this Article.

2. The court shall grant conviction expungement if the convict, after serving the primary sentence or probation period as well as additional sentences and other decisions of the judgment, does not commit any new crime over the following periods:

a) 01 year in case of warning, community sentence, or suspended imprisonment;

b) 03 years in case of imprisonment of up to 05 years;

c) 05 years in case of 05 - 15 years' imprisonment;

d) 07 years in case of > 15 years' imprisonment, life imprisonment or death sentence that is commuted.

If the convict is serving an additional sentence which is mandatory supervision, prohibition from residence, or deprivation of certain citizenship rights for a longer period than that specified in Point a and Point b of this Clause, conviction expungement shall be considered when he/she finishes serving the additional sentence.

3. If an application for conviction expungement is rejected for the first time, it may only be resubmitted after 01 year from the day on which it is rejected; if the application for conviction expungement is rejected for the second time, it may only be resubmitted after 02 years from the day on which it is rejected.

11. Article 76 is amended as follows:

“Article 76. Scope of criminal responsibility of corporate legal entities

A corporate legal entity shall only bear criminal responsibility for the crimes specified in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, 200, 203, 209, 210, 211, 213, 216, 217, 225, 226, 227, 232, 234, 235, 237, 238, 239, 242, 243, 244, 245, 246, 300 and 324 hereof.”.

12. Point d Clause 1 Article 84 is amended as follows:

“d) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;”.

13. Clause 1 Article 86 is amended as follows:

“1.Primary punishment:

a) If all punishments are fines, they shall be aggregated. Fines shall not be combined with other punishments;

b) If the punishments imposed include business suspension and permanent shutdown in the same business line, or permanent shutdown in the same business line, the combined punishment will be permanent shutdown in such business line;

c) If the punishments imposed are temporary suspension from the same business line, the combined punishment will be a suspension whose duration must not exceed 04 years;

d) If the punishments imposed include a permanent shutdown specified in Clause 2 Article 79 hereof, the combined punishment will be permanent shutdown;

dd) If the punishments imposed are suspension from various business lines, permanent shutdown from various business lines or suspension and permanent shutdown in various business lines, they will not be combined.”.

14. Clause 2 Article 91 is amended as follows:

“2. A juvenile offender who commits a criminal offence in any of the following circumstances and has more than one mitigating factors, voluntarily repairs the most part of the damage caused may be exempt from criminal responsibility and the measures specified in Section 2 of this Chapter, provided it is not the case specified in Article 29 hereof:

a) A person aged from 16 to under 18 commits a less serious crime or serious crime, except for the crimes specified in Articles 134, 141, 171, 248, 249, 250, 251 and 252 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Clause 2 Article 12 hereof, except for the crimes specified in Articles 123, 134, 141, 142, 144, 150, 151, 168, 171, 248, 249, 250, 251 and 252 hereof;

c) The juvenile offender is an accomplice who has a minor role in the commission of the criminal offence.”.

15. Clause 1 Article 93 is amended as follows:

“1. A reprimand shall be issued against a juvenile offender in any the following circumstances in order to help him/her be aware of his/her criminal act, it consequences for the community, society, and his/her obligations:

a) An person aged from 16 to under 18 commits a less serious crime for the first time in the circumstance specified in Point a Clause 2 Article 91 hereof;

b) A person aged under 18 is an accomplice who has an insignificant role in the commission of the crime.”.

16. Article 94 is amended as follows:

a) Clause 1 Article 94 is amended as follows:

“1. Reconciliation shall be applied to a juvenile offender in any of the following circumstances:

a) A person aged from 16 to under 18 commits a less serious crime or a serious crime in the circumstance specified in Point a Clause 2 Article 91 hereof;

b) A person aged from 14 to under 16 years of age commits a very serious crime in the circumstance specified in Point b Clause 2 Article 91 hereof.”;

b) Clause 4 below is added to Article 94:

“4. On a case-by-case basis, the competent authority shall decide the time to offer apologies. The time limit for paying damages as prescribed in Point a Clause 3 of this Article and fulfilling the obligations specified in Point b and Point c Clause 3 Article 93 hereof is 03 – 12 months.”.

17. Article 95 is amended as follows:

a) Clause 1 Article 95 is amended as follows:

“1. The investigating authority, the procuracy, or the court may apply education in the commune for 01 to 02 years to a juvenile offender in any of the following circumstances:

a) A person aged from 16 to under 18 commits a less serious crime or a serious crime in the circumstance specified in Point a Clause 2 Article 91 hereof;

b) A person aged from 14 to under 16 commits a very serious crime specified in Point b Clause 2 Article 91 hereof.”;

b) Clause 3 Article 95 is amended as follows:

“3. If the person subject to educational measures has served one half of the duration and shows remarkable improvements, the agency that imposes the measures may terminate the measures at the request of the People’s Committee of the commune.”.

18. Clause 1 Article 100 is amended as follows:

“1. Community sentence shall be imposed upon an offender aged from 16 to under 18 who involuntarily commits a very serious crime or commits a less serious crime or a serious crime, or an offender aged from 14 to under 16 who deliberately commits a very serious crime.”.

19. Clause 2 Article 107 is amended as follows:

“2. A person aged from 16 to under 18 who is convicted of a deliberate very serious crime or an extremely serious crime shall automatically have his/her conviction expunged if from the day on which the primary sentence is served or from expiration of the probation or from the expiration of the time limit for sentence execution, he/she does not commit any new crime for:

a) 06 years in case of a warning, fine, community sentence, or suspended imprisonment;

b) 01 year in case of imprisonment of up to 05 years;

c) 02 years in case of imprisonment exceeding 05 years but not exceeding 15 years;

d) 03 year in case of imprisonment exceeding 15 years.”.

20. Article 112 is amended as follows:

“Article 112. Rebellion

Any person who engages in armed activities, uses organized force or commits plundering for the purpose of opposing the people's government shall face the following penalties:

1. The organizer or person whose activities cause serious consequences shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or death;

2. Any accomplice shall face a penalty of 05 - 15 years' imprisonment;

3. A person that prepares for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.”.

21. Clause 1, Clause 2 and Clause 3 of Article 113 are amended as follows:

“1. Any person who, for the purpose of opposing the people's government, infringes upon life of officials or other people or destroy property of another organization or individual shall face a penalty of 12 - 20 years' imprisonment, life imprisonment, or death.

2. This offence committed in any of the following manners carries a penalty of 10 - 15 years' imprisonment:

a) Establishing, joining a terrorist organization or an organization sponsoring terrorism;

b) Forcing, persuading other people to participate in terrorism; recruiting, training terrorists; manufacturing, providing weapons for terrorists;

c) Infringing upon bodily integrity, health of officials or other people; appropriating or damaging property of another organization or individual;

d) Attacking, violating, obstructing, disrupting the computer network, telecommunications network or electronic devices of another organization or individual.

3. The act of threatening to commit any of the acts specified in Clause 1 of this Article or intimidating another person carries a penalty of 05 - 10 years' imprisonment.”.

22. Article 134 is amended as follows:

“Article 134. Deliberate infliction of bodily harm upon another person

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.”.

23. Clause 1, Clause 2 and Clause 3 of Article 141 are amended as follows:

“1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non- consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

c) The offence is committed by more than one person against one person;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) The offence is of an incestuous nature;

g) The offence results in the victim's pregnancy;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The offence results in the death or suicide of the victim.”.

24. Clause 2 and Clause 3 Article 142 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The offence has been committed more than once;

e) The offence is committed against more than one person;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence is committed by an organized group;

b) The offence is committed by more than one person against one person;

c) The offence is committed against a person under 10;

d) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

dd) The offender commits the offence in the knowledge of his HIV infection;

e) The offence results in the death or suicide of the victim.”.

25. Clause 2 and Clause 3 Article 143 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 03 – 10 years' imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence has been committed more than once;

c) The offence is committed against more than one person;

d) The offence is of an incestuous nature;

dd) The offence results in the victim's pregnancy;

e) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

a) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The offence results in the death or suicide of the victim.”.

26. Clause 2 and Clause 3 Article 144 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

c) The offender commits the offence in the knowledge of his HIV infection;

d) The offence results in the death or suicide of the victim.”.

27. Clause 1, Clause 2 and Clause 3 of Article 150 are amended as follows:

“1. Any person who uses violence, threatens to use violence, deceives or employs other tricks to commit any of the following acts shall face a penalty of 05 - 10 years' imprisonment:

a) Transferring or receiving human people for transfer for money, property, or other financial interests;

b) Transferring or receiving human people for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;

c) Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a or Point b of this Clause.

2. This offence committed in any of the following circumstances carries a penalty of 08 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed by despicable motives;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%, except in the circumstances specified in Point b Clause 3 of this Article;

d) The victim is taken out of Vietnam’s territory;

dd) The offence is committed against 02 - 05 people;

e) The offence has been committed more than once;

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The offence is committed in a professional manner;

b) The victim's body part has been taken;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

d) The offence results in the death or suicide of the victim;

dd) The offence is committed against ≥ 06 people;

e) Dangerous recidivism.”.

28. Article 151 is amended as follows:

“Article 151. Trafficking of a person under 16

1. A person who commits any of the following acts shall face a penalty of 07 - 12 years' imprisonment:

a) Transferring or receiving a person under 16 for transfer for money, property, or other financial interests, except for humanitarian purposes;

b) Transferring or receiving a person under 16 for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;

c) Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a or Point b of this Clause.

2. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

b) The offence involves abuse of the offender's position or power;

b) The offender commits the offence by taking advantage of child adoption;

c) The offence is committed against 02 - 05 people;

d) The offence is committed against a person for whom the offender is responsible for providing care;

dd) The victim is taken across the border out of Vietnam;

e) The offence has been committed more than once;

g) The offence is committed by despicable motives;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%, except in the circumstances specified in Point d Clause 3 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

d) The victim's body part has been taken;

dd) The offence results in the death or suicide of the victim;

e) The offence is committed against ≥ 06 people;

g) Dangerous recidivism.

4. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, put under mandatory supervision, prohibited from residence, prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.”.

29. Clause 2, Clause 3 and Clause 4 of Article 153 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender's position or power;

c) The offence is committed against a person for whom the offender is responsible for providing care;

d) The offence is committed against 02 - 05 people.

dd) The offence has been committed more than once;

e) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence is committed in a professional manner;

b) The offence involves ≥ 06 workers under 16;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

d) The offence results in the death of the victim;

dd) Dangerous recidivism.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”.

30. Clause 1, Clause 2 and Clause 3 of Article 157 are amended as follows:

“1. Any person who arrests, detains, or imprisons another person against the law, except in the circumstances specified in Article 153 and Article 377 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position or power to commit the offence;

c) The offence is committed against a law enforcement officer in performance of his/her official duties;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) The offence is committed against a person under 18, a women whose pregnancy is known by the offender, an elderly, sick, or defenseless person.

g) The offence results in extreme financial hardship of the victim or his/her family;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

3. This offence committed in any of the following circumstances shall carry a penalty of 05 - 12 years' imprisonment:

a) The offence results in the victim's death or suicide;

b) The victim is tortured or treated in a brutal and inhuman way, or the victim's dignity is destroyed;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%.”.

31. Clause 1 Article 158 is amended as follows:

“1. A person who commits any of the following acts shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:

a) Illegally searching another person's home;

b) Illegally evict a person from his/her home;

c) Illegally occupying a home or obstructing its lawful residents or managers from entering their home;

d) Invading a person’s home.”.

32. Clause 1 and Clause 2 Article 162 are amended as follows:

“1. A person who commits any of the following acts and cause serious consequences shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 01 year's community sentence or 03 – 12 months' imprisonment:

a) Issuing illegal decisions on dismissal of an official;

b) Laying off a worker against the law;

c) Forcing or threatening an official or worker to resign.

2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' imprisonment:

a) The offence is committed against more than one person;

b) The offence is committed against a women whose pregnancy is known by the offender;

c) The offence is committed against a woman raising a child under 12 months of age;

d) The offence results in the suicide of the person who is illegally laid off or forced to resign.

dd) The offence results in other very serious consequences or extremely serious consequences.”.

33. Clause 2, Clause 3 and Clause 4 of Article 169 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 05 – 12 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offender uses a dangerous weapon, device, or other dangerous methods to commit the offence;

d) The offence is made against a person under 16;

dd) The offence is committed against more than one person;

e) The ransom demanded is from VND 50,000,000 to under VND 200,000,000;

g) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 11% - 30%;

h) The offence has a negative impacts on social safety, order, and security;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

a) The ransom demanded is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The ransom demanded is ≥ VND 500,000,000;

b) The offence results in the death of a person;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%.”.

34. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 173 are amended as follows:

“1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has negative impacts on social safety, order, and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family;

dd) The property stolen is a relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The offender takes advantage of a war or state of emergency to commit the offence.”.

35. Article 175 is amended as follows:

“Article 175. Abuse of trust to appropriate property

1. A person who commits any of the following acts to obtain another person property which is assessed at from VND 4,000,000 to under VND 50,000,000, or under VND 4,000,000 while having incurred an administrative penalty for

property appropriation or while having an unspent conviction for this offence or any of the crimes specified in Article 168, 169, 170, 171, 172, 173, 174 and 290 hereof, or the property obtained is the primary means of livelihood of the victim or the victim’s family shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so;

b) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then uses it for illegal purposes which result in the offender's inability to repay the loan or return the property.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property illegally obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

dd) The offender employs deceitful methods to commit the offence;

e) The offence has a negative impact on social security, order or safety;

g) Dangerous recidivism.

3. If the property illegally obtained is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 12 years' imprisonment.

4. If the property illegally obtained is assessed at from ≥ VND 500,000,000, the offender shall face a penalty of 12 - 20 years' imprisonment.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.”.

36. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 178 are amended as follows:

“1. Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impacts on social safety, order, and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

dd) The property destroyed is a souvenir or relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

c) The property destroyed is national treasure;

d) The offence is committed using a flammable substance or other dangerous methods;

dd) The offence is committed to conceal another crime;

e) The offence is committed because of the victim's official duties;

g) Dangerous recidivism.

3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.”.

37. Article 186 is amended as follows:

“Article 186. Denial or avoidance of obligation to provide support

If a person who has an obligation to provide support and is capable of providing support for another person for whom the former is responsible for providing

support as prescribed by law denies or avoids such obligation and such denial or avoidance results in serious bodily harm of the recipient or does it while having incurred an administrative penalty for any of the offences specified in this Article, except in the circumstances specified in Article 380 hereof, the offender shall receive a warning, face a penalty of up to 02 year's community sentence or 03 - 24 months' imprisonment.”

38. Article 188 is amended as follows:

a) Clause 1 Article 188 is amended as follows:

“1. Any person who illegally conducts deals in goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 in any of the following circumstances across the border or between a free trade zone and the domestic market shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has an unspent conviction for one of the aforementioned offences;

b) The exhibit is a relic.”;

b) Clause 6 Article 188 is amended as follows:

“6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000 if the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000, relics assessed at under VND 200,000,000; or the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 200,000,000 but the offender has incurred an administrative penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for one of the aforementioned offences;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, d, dd, h, i Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) A corporate legal entity that commits this offence in the circumstance specified in Clause 4 of this Article shall be liable to a fine of from VND 7,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

39. Article 189 is amended as follows:

a) Clause 1 Article 189 is amended as follows:

“1. Any person who illegally conducts deals in goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 across the border or between a free trade zone and the domestic market in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years’ community sentence or a 03 - 24 months' imprisonment:

a) The offender incurred an administrative penalty for the same offence or any of the offences specified in Article 188, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has an unspent conviction for one of the aforementioned offences;

b) The exhibit is a relic.”;

b) Clause 3 Article 189 is amended as follows:

“3. If the illegal goods are assessed at ≥ VND 500,000,000, the offender shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a penalty of 05 - 10 years' imprisonment.”;

c) Clause 5 Article 189 is amended as follows:

“5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 500,000,000 if the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 200,000,000, relics assessed at under VND 200,000,000; or the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 200,000,000 but the offender has incurred an administrative penalty for the same offence or any of the offences specified in Article 188, 190, 191, 192, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for one of the aforementioned offences;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, e, g Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to VND 2,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;

d) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

dd) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

40. Article 190 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 190 are amended as follows:

“1. A person who commits any of the following acts, except in the circumstances specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, 311 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years’ imprisonment:

a) Manufacturing or dealing in goods banned from trading and/or using by the State where the quantity of goods is from 50 kg to under 100 kg or from 50 liters to under 100 liters;

b) Illegally importing from 1,500 to under 3,000 cigarette packs;

c) Manufacturing or dealing in from 06 kg to under 40 kg of firecrackers;

d) Manufacturing or dealing in other goods banned from trading and/or using by the State where the value of goods is from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 50,000,000 to under VND 200,000,000;

dd) Manufacturing or dealing in other goods that have not been permitted in Vietnam where the value of goods is from VND 200,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;

e) Manufacturing or dealing in a quantity of illegal goods below the lower limits mentioned in Points a, b, c, d, dd of this Clause while having incurred an administrative penalty for the same offence or any of the offences specified in Articles 188, 189, 191, 192, 193, 194, 195, 196 and 200 hereof or committing this offence while having an unspent conviction for any of the aforementioned offences.

2. This offence committed in any of the following circumstances shall carry a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position or power to commit the offence;

c) The offence is committed in the name of an agency or organization;

d) The offence is committed in a professional manner;

dd) The quantity of agrochemical banned by the State is from 100 kg to under 300 kg or from 100 liters to under 300 liters;

e) The quantity of illegally imported cigarettes is from 3,000 to under 4,500 packs;

g) The quantity of firecrackers is from 40 kg to under 120 kg;

h) The value of other goods banned from trading and/or using by the State value of goods is from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 200,000,000 to under VND 500,000,000;

i) The value of other goods that have not been permitted in Vietnam is from VND 500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND 300,000,000 to under VND 700,000,000;

k) Trading goods across the border, except for cigarettes;

l) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 08 - 15 years' imprisonment:

a) The quantity of agrochemical banned by the State is ≥ 300 kg or ≥ 300 liters;

b) The quantity of illegally imported cigarettes is ≥ 4,500 packs;

c) The quantity of firecrackers is ≥ 120 kg;

d) The value of other goods banned from trading and/or using by the State value of goods is ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 500,000,000;

dd) The value of other goods that have not been permitted in Vietnam is ≥ VND 1,000,000,000 or the illegal profit earned is ≥ VND 700,000,000.”;

b) Point a, Point b and Point c of Clause 5 Article 190 are amended as follows:

“a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, d, dd, e, g, h, i, k, l Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 months;”.

41. Article 191 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 191 are amended as follows:

“1. A person who possesses or transports banned goods in any of the following circumstances, except in the circumstances specified in Articles 232, 234, 239, 244, 246, 249, 250, 253, 254, 304, 305, 306, 309, 311 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months’ imprisonment:

a) The quantity of agrochemicals banned by the State is from 50 kg to under 100 kg or from 50 liters to under 100 liters;

b) The quantity of illegally imported cigarettes is from 1,500 to under 3,000 packs;

c) The quantity of firecrackers is from 06 kg to under 40 kg;

d) The value of other goods banned from trading and/or using by the State is from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 50,000,000 to under VND 200,000,000;

dd) The value of goods that have not been permitted in Vietnam is from VND 200,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;

e) The quantity of illegal goods is below the lower limits mentioned in Points a, b, c, d, dd of this Clause but the offender has incurred an administrative penalty for any of the offences specified in this Article and Articles 188, 189, 190, 192, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences.

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position or power to commit the offence;

c) The offence is committed in the name of an agency or organization;

d) The offence is committed in a professional manner;

dd) The quantity of agrochemical banned by the State is from 100 kg to under 300 kg or from 100 liters to under 300 liters;

e) The quantity of illegally imported cigarettes is from 3,000 to under 4,500 packs;

g) The quantity of firecrackers is from 40 kg to under 120 kg;

i) The value of other goods that have not been permitted in Vietnam is from VND 500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND 300,000,000 to under VND 700,000,000;

k) Goods are transported across the border, except for illegally imported cigarettes;

l) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The quantity of agrochemical banned by the State is ≥ 300 kg or ≥ 300 liters;

b) The quantity of illegally imported cigarettes is ≥ 4,500 packs;

c) The quantity of firecrackers is ≥ 120 kg;

d) The value of other goods banned from trading and/or using by the State value of goods is ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 500,000,000;

dd) The value of other goods that have not been permitted in Vietnam is ≥ VND 1,000,000,000 or the illegal profit earned is ≥ VND 700,000,000.”;

b) Point a, Point b and Point c of Clause 5 Article 191 are amended as follows:

“a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;”.

42. Article 192 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 192 are amended as follows:

“1. Any person who manufactures or deals in counterfeit goods in the following circumstances, except in the circumstances specified in Article 193, 194 and 195 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;

b) The offence causes 31% - 60% WPI for another person;

c) The illegal profit reaped is from VND 50,000,000 to under VND 100,000,000;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

e) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

g) The offence results in the death of a person;

h) The offence causes ≥ 61% WPI for another person;

i) The offence causes a total WPI of 61% - 121% for more than one person;

k) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

l) Goods are traded across the border;

m) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;

b) The illegal profit earned is ≥ VND 500,000,000;

c) The offence results in the death of ≥ 02 people;

d) The offence causes a total WPI of ≥ 122% for more than one person;

dd) The offence results in property damage assessed at ≥ VND 1,500,000,000.”;

b) Point a and Point b Clause 5 of Article 192 are amended as follows:

“a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, dd, e, g, h, i, k, l, m Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;”.

43. Article 193 is amended as follows:

a) Clause 2, Clause 3 and Clause 4 of Article 193 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) Dangerous recidivism.

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) Goods are traded across the border;

h) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

h) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

i) The offence causes 31% - 60% WPI for another person;

k) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;

b) The illegal profit earned is from VND 500,000,000 to under VND 1,500,000,000;

c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

d) The offence results in the death of a person;

dd) The offence causes ≥ 61% WPI for another person;

e) The offence causes a total WPI of 61% - 121% for more than one person.

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The illegal profit earned is ≥ VND 1,500,000,000;

b) The offence results in property damage assessed at ≥ VND 1,500,000,000;

c) The offence results in the death of ≥ 02 people;

d) The offence causes a total WPI of ≥ 122% for more than one person.”;

b) Clause 6 Article 193 is amended as follows:

“6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to fine of from VND 6,000,000,000 to VND 9,000,000,000;

d) A corporate legal entity that commits this offence in the circumstance specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 18,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

44. Article 194 is amended as follows:

a) Clause 2, Clause 3 and Clause 4 of Article 194 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 05 – 12 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) Dangerous recidivism.

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) Goods are traded across the border;

h) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

h) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

i) The offence causes 31% - 60% WPI for another person;

k) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;

b) The illegal profit earned is from VND 500,000,000 to under VND 2,000,000,000;

c) The offence results in the death of a person;

d) The offence causes ≥ 61% WPI for another person;

dd) The offence causes a total WPI of 61% - 121% for more than one person;

e) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

4. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

a) The illegal profit earned is ≥ VND 2,000,000,000;

b) The offence results in the death of ≥ 02 people;

c) The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of ≥ 122%;

d) The offence results in property damage assessed at ≥ VND 1,500,000,000.";

b) Clause 6 Article 194 is amended as follows:

“6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 4,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, I, k Clause 2 of this Article shall be liable to fine of from VND 4,000,000,000 to VND 9,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to fine of from VND 9,000,000,000 to VND 15,000,000,000;

d) A corporate legal entity that commits this offence in the circumstance specified in Clause 4 of this Article shall be liable to a fine of from VND 15,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03 years;

dd) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

45. Article 195 is amended as follows:

a) The title, Clause 1, Clause 2 and Clause 3 of Article 195 are amended as follows:

“Article 195. Manufacturing and trading of counterfeit animal feeds, fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds

1. Any person who manufactures or deals in counterfeit animal feeds, fertilizers, veterinary medicines, pesticides, plant varieties, animal breeds in the following circumstances shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 192, 193, 194, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;

b) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

c) The illegal profit earned is from VND 50,000,000 to under VND 100,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) Dangerous recidivism.

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) Goods are traded across the border;

h) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

h) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

i) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;

b) The property damage caused by the offence is assessed at from VND 1,500,000,000 to under VND 3,000,000,000;

c) The illegal profit earned is from VND 500,000,000 to under VND 2,000,000,000.”;

b) Clause 6 Article 195 is amended as follows:

“6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to fine of from VND 6,000,000,000 to VND 9,000,000,000;

d) A corporate legal entity that commits this offence in the circumstance specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

46. Article 199 is amended as follows:

“Article 199. Offences related to electricity supply

1. Any person who is responsible and illegally providing, cutting electricity supply, refusing to supply electricity or delaying solving an electricity breakdown without legitimate reasons shall be liable to a fine of from VND 30,000,000 to VND 150,000,000 or face a penalty of up to 02 years community sentence or 03 - 24 months' imprisonment:

a) The offence causes ≥ 61% WPI for another person;

b) The offence causes a total WPI of 61% - 121% for more than one person;

c) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 500,000,000;

d) The offender has incurred an disciplinary penalty administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence.

2. This offence committed in any of the following circumstances carries a fine of from VND 150,000,000 to VND 500,000,000 or a penalty of 01 - 05 years' imprisonment:

a) The offence results in the death of a person;

b) The offence causes a total WPI of 122% - 200% for more than one person;

c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence results in the death of more than one person;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offence results in property damage assessed at ≥ VND 1,500,000,000.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”.

47. Article 200 is amended as follows:

a) Clause 1 Article 200 is amended as follows:

“1. Any person who commits any of the following acts of tax evasion with an amount of evaded tax from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 while having incurred an administrative penalty for tax evasion or having an unspent conviction for any of the offences specified in Article 188, 189, 190, 191, 192, 193, 194, 195, 196, 202, 250, 251, 253, 254, 304, 305, 306, 309 and 311 hereof shall be liable to a fine of from VND 100,000,000 to VND 500,000,000 or face a penalty of 03 - 12 months' imprisonment:

a) Failure to submit the application for tax registration; failure to submit the tax declaration; submitting a tax declaration after 90 days from the deadline for submitting the tax declaration or after the extended deadline for submitting the tax declaration as prescribed by law;

b) Failure to record revenues related to the determination of tax payables in accounting books;

c) Failure to issue invoices after selling goods/services or write lower values on invoices than actual values of goods/services sold;

d) Use illegal invoices or vouchers to record purchased goods and raw materials that results in reduction of tax payable or increase exempt, reduced, deductible or refundable tax;

dd) Use of other illegal documents to falsify the amount of tax payable or increase exempt, reduced, deductible or refundable tax;

e) Making incorrect declaration of exported or imported goods without making an additional declaration after customs clearance are granted, except in the circumstances specified in Article 188 and Article 189 hereof;

g) Failure to declare or to correctly declare taxes on exported or imported goods, except in the circumstances specified in Article 188 and Article 189 hereof;

h) Collaborating with the consignor to illegally import goods, except in the circumstances specified in Article 188 and Article 189 hereof;

i) Using tax-free goods, goods eligible for tax exemption or conditional tax exemption for improper purposes without notifying the change of purposes to the tax authority.”;

b) Clause 5 Article 200 is amended as follows:

“5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) Any corporate legal entity that commits any of the acts of tax evasion specified in Clause 1 of this Article with an amount of from VND 200,000,000 to under VND 300,000,000 or from VND 100,000,000 to under VND 200,000,000 while having incurred an administrative penalty for tax evasion or having an unspent conviction for any of the offences specified in Article 188, 189, 190, 191, 192, 193, 194, 195 and 196 hereof shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, d and dd Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 10,000,000,000 or has its operation suspended for 06 - 36 months;

d) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

dd) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

48. The title and Clause 1 Article 206 is amended as follows:

“Article 206. Offences against regulations of law on banking operations and banking-related activities

1. A person who deliberately commits any of the following acts that causes a loss of from VND 100,000,000 to under VND 300,000,000 for another person shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonment:

a) Extending credit to entities ineligible for credit extension, except for credit cards;

b) Extending credits without guarantee or extending credits with preferential conditions for entities ineligible restricted from credit extension as prescribed by law;

c) Violations against regulations on prudential ratios applied to credit institutions and branches of foreign banks specified in the Law on credit institutions;

d) Falsely increasing the value of collateral during valuation to extend credit in case of secured transactions;

dd) Violations against regulations on total credit balance applied to entities restricted from credit extension;

e) Extending credits beyond the equity to a client and relevant persons, unless approval is granted by a competent person as prescribed by law;

g) Violations against regulations on capital contribution, capital contribution limit, shares purchase, conditions for credit extension;

h) Issuing, providing, using of illegal payment facilities; forging payment documents or payment facilities; using fake payment documents or payment facilities;

i) Illegally trading in gold or foreign currencies;

k) Engaging in banking operation without permission by a competent authority as prescribed by the Law on the State bank of Vietnam and the Law on credit institutions.”.

49. Article 213 is amended as follows:

a) Clause 1 Article 213 is amended as follows:

“1. A person who commits any of the following acts and to illegally obtain an amount of insurance payout of from VND 20,000,000 to under VND 100,000,000 or causes a loss of from VND 50,000,000 to under VND 200,000,000, except in the circumstances specified in Articles 174, 353 and 355 hereof, shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence:

a) Colluding with the insured to receive indemnity or insurance payout against the law;

b) Forging documents, falsifying information to reject insurance claims in an occurrence;

c) Forging documents, falsifying information in the request for indemnity or insurance payout;

d) Causing damage to the offender's property or health to receive insurance benefits unless otherwise prescribed by law.”;

b) Clause 5 Article 213 is amended as follows:

“5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits any of the violations specified Clause 1 of this Article and the amount of insurance payout illegally obtained is from VND 200,000,000 to under VND 1,000,000,000 or the loss caused by the offence is from VND 400,000,000 to under VND 2,000,000,000 shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000;

b) If this offence is committed in any of the circumstances specified in Points a, b, dd Clause 2 of this Article or the amount of insurance payout illegally obtained is from VND 1,000,000,000 to under VND 3,000,000,000 or the damage inflicted is from VND 2,000,000,000 to under VND 5,000,000,000, the offender shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) If this offence is committed in the circumstance specified in Clause 3 of this Article and the insurance payout illegally obtained is ≥ VND 3,000,000,000 or the damage inflicted is ≥ VND 5,000,000,000, the offender shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) The corporate legal entity that commits this offence might also be prohibited from operating in certain fields or raising capital for 01 - 03 years.”.

50. Article 217 is amended as follows:

a) Clause 1 and Clause 2 of Article 217 are amended as follows:

“1. A person who commits any of the following acts and causes damage assessed at from VND 1,000,000,000 to under VND 5,000,000,000 for another person or obtains an illegal profit of from VND 500,000,000 to under VND 3,000,000,000 shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of up to 02 years' community sentence or 03 – 24 months imprisonment:

a) Reaching an agreement on preventing another enterprise from participating the market or developing its business;

b) Reaching an agreement on eliminating another enterprise which is not a party to such agreement from the market;

c) Reaching an agreement on limited competition while the parties to such contract has a total market share of ≥ 30%, including: agreement on directly or indirectly pricing goods/services; agreement on division of market, goods/services supply; agreement on restriction or control of quantity of goods/services; agreement on restriction on technological development or investment; agreement on imposition of conditions upon other enterprises for conclusion of sale contracts or forcing other enterprises to assume obligations that are not related to the contracts.

2. This offence committed in any of the following circumstances carries a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 01 - 05 years' imprisonment:

a) The offence has been committed more than once;

b) The offence involves the use of deceitful methods;

c) The offender takes advantage of its dominant position or monopoly on the market;

d) The illegal profit earned is ≥ VND 3,000,000,000;

dd) The damage incurred by other enterprises is ≥ VND 5,000,000,000.”;

b) Point c Clause 4 of Article 217 is amended as follows:

“c) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.”.

51. Article 217a below is added after Article 217:

“Article 217a. Offences against regulations of law on multi-level marketing

1. Any person who runs a multi-level marketing company without or against the certificate of registration of multi-level marketing business in any of the following circumstances, except in the circumstances specified in Article 174 and Article 290 hereof, shall be liable to a fine of from VND 500,000,000 to VND 1,000,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 02 years’ imprisonment:

a) The offender has incurred an administrative penalty or has an unspent conviction for the same offence;

b) The illegal profit earned is from VND 200,000,000 to under VND 1,000,000,000;

c) The offence causes a loss of from VND 500,000,000 to under VND 1,500,000,000 for another person.

2. This offence committed in any of the following circumstances carries a fine of from VND 1,000,000,000 to VND 5,000,000,000 or a penalty of 01 - 05 years' imprisonment:

a) The illegal profit earned is ≥ VND 1,000,000,000;

b) The offence causes a loss of ≥ VND 1,500,000,000 for another person;

c) The network is participated in by ≥ 100 people.

3. The offender might also be liable to a fine of from VND 100,000,000 to VND 500,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”.

52. Article 225 is amended as follows:

a) Clause 1 Article 225 is amended as follows:

“1. A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam for commercial purpose or to earn an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 for the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence:

a) Making copies of works, video recordings or audio recordings;

b) Making the copies of works, video recordings, audio recordings publicly available.”;

b) Point a Clause 4 of Article 225 is amended as follows:

“a) Any corporate legal entity that commits an offence specified in Clause 1 of this Article for commercial purpose or to earn an illegal profit of from VND 200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000 to under VND 500,000,000 for the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 300,000,000 to under VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND 200,000,000 or causes a loss of from VND 100,000,000 to under

VND 300,000,000 for the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 300,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;”.

53. Article 226 is amended as follows:

a) Clause 1 Article 226 is amended as follows:

“1. A person who infringes upon industrial property rights to a protected trademark or geographical indication in Vietnam, of which the subject is counterfeit trademark or geographical indication goods with commercial scale or to earn an illegal profit of from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 200,000,000 to under VND 500,000,000 to the owner of such trademark or geographical indication, or with the infringing goods assessed at from VND 200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence.”;

b) Point a Clause 4 of Article 226 is amended as follows:

“a) Any corporate legal entity that commits an offence specified in Clause 1 of this Article with commercial scale or to earn an illegal profit of from VND 200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000 to under VND 500,000,000 for the owner of the trademark or geographical indication, or with the infringing goods assessed at from VND 300,000,000 to under VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND 200,000,000 or causes a loss of from VND 100,000,000 to under VND 300,000,000 for the owner of the trademark or geographical indication, or with the infringing goods assessed at from VND 100,000,000 to under VND 300,000,000 while having incurred an administrative penalty or having an unspent conviction for the same offence shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;”.

54. Article 227 is amended as follows:

a) The title, Clause 1 and Clause 2 of Article 227 are amended as follows:

“Article 227. Offences against regulations on survey, exploration and extraction of resources

1. Any person who violates regulations of the State on survey, exploration, and extraction of resources on land, islands, inland waterway, territorial waters, exclusive economic zones, continental shelves, and airspace of Vietnam without a license or against the license in any of the following circumstances shall be liable to a fine of from VND 300,000,000 to VND 1,500,000,000 or face a penalty of 06 - 36 months' imprisonment:

a) The illegal profit from the survey, exploration and/or extraction of water resources, petroleum, or other resources is from VND 100,000,000 to under VND 500,000,000;

b) The resources extracted are assessed at from VND 500,000,000 to under VND 1,000,000,000;

c) The offence causes ≥ 61% WPI for another person;

d) The offence causes a total WPI of 61% - 121% for more than one person;

dd) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The illegal profit earned from survey, exploration, and extraction of water, petroleum or other natural resources is ≥ VND 500,000,000;

b) The resources extracted are assessed at ≥ VND 1,000,000,000;

c) The offence is committed by an organized group;

d) The offence results in an environmental emergency;

dd) The offence results in the death of a person;

e) The offence causes a total WPI of ≥ 122% for more than one person.”;

b) Point a Clause 4 of Article 227 is amended as follows:

“a) Any corporate legal entity that commits an offence specified in Clause 1 of this Article and earns an illegal profit of from VND 300,000,000 to under VND 500,000,000 or extracts an amount of resources assessed from VND 700,000,000 to under VND 1,000,000,000 or causes ≥ 61% WPI for another person or causes a total WPI of 61% - 121% for ≥ 02 people; earns an illegal profit of from VND 100,000,000 to under VND 300,000,000 or extracts an amount of resources assessed from VND 500,000,000 to under VND

700,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence shall be liable to a fine of from VND 1,500,000,000 to VND 3,000,000,000;”.

55. Article 232 is amended as follows:

a) The title, Clause 1, Clause 2 and Clause 3 of Article 232 are amended as follows:

“Article 232. Offences against regulations on extraction and protection of forests and forest products

1. A person who commits any of the following acts, except in the circumstances specified in Article 243 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Illegal logging in a production forest that is a cultivated forest with a volume of from 20 m3 to under 40 m3 of timber of common species; from 15 m3 to under 30 m3 of timber of endangered, rare species in Group IIA;

b) Illegal logging in a production forest that is a natural forest with a volume of from 10 m3 to under 20 m3 of timber of common species; from 07 m3 to under 15 m3 of timber of endangered, rare species in Group IIA;

c) Illegal logging in a protection forest that is a cultivated forest with a volume of from 15 m3 to under 30 m3 of timber of common species; from 10 m3 to under 20 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a protection forest that is a natural forest with a volume of from 07 m3 to under 15 m3 of timber of common species; from 05 m3 to under 10 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a specialized forest that is a cultivated forest with a volume of from 10 m3 to under 20 m3 of timber of common species; from 05 m3

to under 10 m3 of timber of endangered, rare species in Group IIA;

e) Illegal logging in a specialized forest that is a natural forest with a volume of from 03 m3 to under 08 m3 of timber of common species; from 01 m3 to under 03 m3 of timber of endangered, rare species in Group IIA;

g) Illegal extraction of non-timber plants in Group IIA assessed at from VND 50,000,000 to under VND 100,000,000; common non-timber plants assessed at from VND 100,000,000 to under VND 200,000,000;

h) Illegal extraction of timber of species on the list of endangered species or in Group IA with a volume of from 01 m3 to under 02 m3 in a production forest; from 0,5 m3 to under 1.5 m3 in a protection forest; from 0.5 m3 to under 01 m3 in a specialized forest;

i) Illegal extraction of non-timber plants on the list of endangered species or in Group IA assessed at from VND 30,000,000 to under VND 60,000,000;

k) Illegal possession, transport, treatment, trading of from 1.5 m3 to under 03 m3

of timber of species on the list of endangered species or in Group IA or alien species in Appendix I of CITES or List of endangered and rare species; from 10 m3 to under 20 m3 of timber of species in Group IIA or alien species in Appendix II of CITES; from 20 m3 to under 40 m3 of timber of common species;

l) Illegal possession, transport, treatment, trading of non-timber plants assessed at from VND 300,000,000 to under VND 600,000,000;

m) Illegal extraction, possession, transport, treatment or trading of timber or non-timber plants whose value is smaller than the lower limits specified in Point a through l of this Clause while having incurred an administrative penalty for any of the violations specified in this Article or having an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 02 - 07 years' imprisonment:

a) Illegal logging in a production forest that is a cultivated forest with a volume of from 40 m3 to under 80 m3 of timber of common species; from 30 m3 to under 50 m3 of timber of endangered, rare species in Group IIA;

b) Illegal logging in a production forest that is a natural forest with a volume of from 20 m3 to under 40 m3 of timber of common species; from 15 m3 to under 30 m3 of timber of endangered, rare species in Group IIA;

c) Illegal logging in a protection forest that is a cultivated forest with a volume of from 30 m3 to under 60 m3 of timber of common species; from 20 m3 to under 40 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a protection forest that is a natural forest with a volume of from 15 m3 to under 30 m3 of timber of common species; from 10 m3 to under 20 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a specialized forest that is a cultivated forest with a volume of from 20 m3 to under 40 m3 of timber of common species; from 10 m3

to under 20 m3 of timber of endangered, rare species in Group IIA;

e) Illegal logging in a specialized forest that is a natural forest with a volume of from 08 m3 to under 15 m3 of timber of common species; from 03 m3 to under 10 m3 of timber of endangered, rare species in Group IIA;

g) Illegal extraction of non-timber plants in Group IIA assessed at from VND 100,000,000 to under VND 200,000,000; common non-timber plants assessed at from VND 200,000,000 to under VND 400,000,000;

h) Illegal extraction of timber on the list of endangered species or in Group IA with a volume of from 02 m3 to under 04 m3 in a production forest; from 1.5 m3

to under 03 m3 in a protection forest; from 01 m3 to under 02 m3 in a specialized forest;

i) Illegal extraction of non-timber plants on the list of endangered species or in Group IA assessed at from VND 60,000,000 to under VND 120,000,000;

k) Illegal possession, transport, processing, trading of from 03 m3 to under 06 m3

of timber of species on the list of endangered species or in Group IA or alien species in Appendix I of CITES or List of endangered and rare species; from 20 m3 to under 40 m3 of timber of species in Group IIA or alien species in Appendix II of CITES; from 40 m3 to under 80 m3 of timber of common species;

l) Illegal possession, transport, treatment, trading of non-timber plants assessed at from VND 600,000,000 to under VND 1,200,000,000;

m) The offence is committed by an organized group;

n) Illegal goods are transported or traded across the border;

o) Dangerous recidivism;

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) Illegal logging in a production forest that is a cultivated forest with a volume of ≥ 80 m3 of timber of common species; ≥ 50 m3 of timber of endangered, rare species in Group IIA;

b) Illegal logging in a production forest that is a natural forest with a volume of ≥ 40 m3 of timber of common species; ≥ 30 m3 of timber of endangered, rare species in Group IIA;

c) Illegal logging in a protection forest that is a cultivated forest with a volume of ≥ 60 m3 of timber of common species; ≥ 40 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a protection forest that is a natural forest with a volume of ≥ 30 m3 of timber of common species; ≥ 20 m3 of timber of endangered, rare species in Group IIA;

dd) Illegal logging in a specialized forest that is a cultivated forest with a volume of ≥ 40 m3 of timber of common species; ≥ 20 m3 of timber of endangered, rare species in Group IIA;

e) Illegal logging in a specialized forest that is a natural forest with a volume of ≥ 15 m3 of timber of common species; ≥ 10 m3 of timber of endangered, rare species in Group IIA;

g) Illegal extraction of non-timber plants in Group IIA assessed at ≥ VND 200,000,000; common non-timber plants assessed at ≥ VND 400,000,000;

h) Illegal extraction of timber on the list of endangered species or in Group IA with a volume of ≥ 04 m3 in a production forest; ≥ 03 m3 in a protection forest; ≥ 02 m3 in a specialized forest;

i) Illegal extraction of non-timber plants on the list of endangered species or in Group IA assessed at ≥ VND 120,000,000;

dd) Illegal possession, transport, treatment, trading of ≥ 06 m3 of timber of species on the list of endangered species or in Group IA or alien species in Appendix I of CITES; ≥ 40 m3 of timber of species in Group IIA or alien species in Appendix II of CITES; ≥ 80 m3 of timber of common species;

l) Illegal possession, transport, treatment, trading of non-timber plants assessed at ≥ VND 1,200,000,000.";

b) Point a, Point b and Point c of Clause 5 Article 232 are amended as follows:

“a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 24 months;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 6,000,000,000 or has its operation suspended for 01 - 03 years;”.

56. Article 233 is amended as follows:

“Article 233. Offences against regulations on forest management

1. A person who abuses his/her position or power to commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Illegal allocation or withdrawal of forest or illegal forest leasing which involves an area of from 20,000 m2 to under 25,000 m2 of production forest, from 15,000 m2 to under 20,000 m2 of protection forest, or from 10,000 m2 to under 15,000 m2 of specialized forest;

b) Permitting illegal repurposing of forest which involves an area of from 10,000 m2 to under 12,500 m2 of production forest, from 7,500 m2 to under 10,000 m2 of protection forest, or from 5,000 m2 to under 7,500 m2 of specialized forest;

c) Permitting illegal extraction or transport of forest products in any of the circumstances specified in Clause 1 Article 232 hereof;

d) Illegal allocation or withdrawal of forest; illegal forest leasing; permitting illegal repurposing of forest; permitting illegal extraction or transport of forest products below the lower limits specified in Point a and Point b of this Clause and Point a through l Clause 1 Article 232 hereof while having incurred a disciplinary penalty for any of the offences specified in this Article.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) Illegal allocation or withdrawal of forest or illegal forest leasing which involves an area of from 25,000 m2 to under 40,000 m2 of production forest, from 20,000 m2 to under 30,000 m2 of protection forest, or from 15,000 m2 to under 25,000 m2 of specialized forest;

d) Permitting illegal repurposing of forest which involves an area of from 12,500 m2 to under 17,000 m2 of production forest, from 10,000 m2 to under 15,000 m2 of protection forest, or from 7,500 m2 to under 12,000 m2 of specialized forest;

dd) Permitting illegal extraction or transport of forest products in any of the circumstances specified in Point a through l Clause 2 Article 232 hereof.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:

a) Illegal allocation or withdrawal forest or afforestation land which involves an area of ≥ 40,000 m2 of production forest, ≥ 30,000 m2 of protection forest, or ≥ 25,000 m2 of specialized forest;

b) Permitting illegal repurposing of forest or afforestation land which involves an area of ≥ 17,000 m2 of production forest, ≥ 15,000 m2 of protection forest, or 12,000 m2 of specialized forest;

c) Permitting illegal extraction or transport of forest products in any of the circumstances specified in Clause 3 Article 232 hereof.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain works for 01 - 05 years.”.

57. Article 234 is amended as follows:

a) The title, Clause 1, Clause 2 and Clause 3 of Article 234 are amended as follows:

“Article 234. Offences against regulations on protection of wild animals

1. A person who commits any of the following acts, except in the circumstances specified in Article 242 and Article 244 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Illegal hunting, killing, raising, imparking, possession, transport, trading of Group IIB animals or animals in Appendix II of CITES the value of which is assessed at from VND 150,000,000 to under VND 500,000,000; other common wild animals assessed at from VND 300,000,000 to under VND 700,000,000 or earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;

b) Illegal possession, transport, trading of body parts of products of Group IIB animals or animals in Appendix II of CITES the value of which is assessed at from VND 150,000,000 to under VND 500,000,000; of other common wild animals the value of which is assessed at from VND 300,000,000 to under VND 700,000,000 or earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;

c) Illegal hunting, killing, raising, imparking, possession, transport, trading of animals, body parts or products thereof the value of which or the profit from which is lower than the lower limits specified in Point a and Point b of this Clause while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position or power to commit the offence;

c) The offence is committed in the name of an agency or organization;

d) The offence is committed using banned hunting equipment;

dd) Hunting in a no-hunting area or during a no-hunting period;

e) The illegal goods are traded or transported across the border;

g) The value of body parts of products of Group IIB animals or animals in Appendix II of CITES is assessed at from VND 500,000,000 to under VND 1,000,000,000; the value of body parts or products of other common wild animals is assessed at from VND 700,000,000 to under VND 1,500,000,000;

h) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The value of body parts of products of Group IIB animals or animals in Appendix II of CITES is assessed at ≥ VND 1,000,000,000; the value of body parts or products of other common wild animals is assessed at ≥ VND 1,500,000,000;

b) The illegal profit earned is ≥ VND 500,000,000.”;

b) Point n Clause 5 of Article 234 is amended as follows:

“b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, d, dd, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;”.

58. Article 235 is amended as follows:

“Article 235. Causing environmental pollution

1. A person who commits any of the following acts shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of 03 - 24 months’ imprisonment:

a) Illegally burying, dumping, discharging into the environment from 1,000 kg to under 3,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 3,000 kg to under 10,000 kg of other hazardous wastes;

b) Illegally burying, dumping, discharging into the environment from 500 kg to under 1,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 1,500 kg to under 3,000 kg of other hazardous wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;

c) Discharging into the environment from 500 m3/day to under 5,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

d) Discharging into the environment ≥ 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 300 m3/day to under 500 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 100 m3/day to under 300 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 10 times while having incurred an

administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;

dd) Discharging into the environment from 150,000 m3/hour to under 300,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 100,000 m3/hour to under 150,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

e) Discharging into the environment ≥ 150,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 03 to under 05 times or from 100,000 m3/hour to under 150,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 50,000 m3/hour to under 100,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 10 times while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;

g) Illegally burying, dumping, discharging into the environment from 100,000 kg to under 200,000 kg of conventional solid wastes or from 70,000 kg to under 100,000 kg of conventional solid wastes while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence ;

h) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 50 mSv/year to under 200 mSv/year or with a dose rate from 0.0025 mSv/hour to under 0.01 mSv/hour

2. This offence committed in any of the following circumstances carries a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 01 - 05 years' imprisonment:

a) Illegally burying, dumping, discharging into the environment from 3,000 kg to under 5,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 10,000 kg to under 50,000 kg of other hazardous wastes;

b) Discharging into the environment from 5,000 m3/day to under 10,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 500 m3/day to under 5,000 m3/day

of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

c) Discharging into the environment from 300,000 m3/hour to under 500,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or from 150,000 m3/hour to under 300,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

d) Illegally burying, dumping, discharging into the environment from 200,000 kg to under 500,000 of conventional solid wastes;

dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of from 200 mSv/year to under 400 mSv/year or with a dose rate from 0.01 mSv/hour to under 0.02 mSv/hour;

e) The offence results in serious consequences.

3. This offence committed in any of the following circumstances carries a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 03 - 07 years' imprisonment:

a) Illegally burying, dumping, discharging into the environment ≥ 5,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50,000 kg of other hazardous wastes;

b) Discharging into the environment ≥ 10,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or ≥ 5,000 m3/day of wastewater whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

c) Discharging into the environment ≥ 500,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations from 05 to under 10 times or ≥ 300,000 m3/hour of exhaust gas whose pollution indicators exceed the limits in technical regulations by ≥ 10 times;

d) Illegally burying, dumping, discharging into the environment ≥ 500,000 kg of conventional solid wastes;

dd) Discharging wastewater; burying, discharging solid waste or releasing exhaust gas that contain radioactive substances with a radiation dose of ≥ 400 mSv/year or with a dose rate of ≥ 0.02 mSv/hour;

e) The offence results in very serious consequences or extremely serious consequences.

4. The offender might also be liable to a fine of from VND 30,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 7,000,000,000 to VND 12,000,000,000 or has its operation suspended for 06 - 24 months;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 12,000,000,000 to VND 20,000,000,000 or has its operation suspended for 01 - 03 years;

d) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

dd) The violating corporate legal entity might also be liable to a fine of from VND 1,000,000,000 to VND 5,000,000,000, prohibited from operating in certain fields for 01 - 03 years.”.

59. Article 237 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 237 are amended as follows:

“1. A person who commits any of the following acts shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Violations against regulations on prevention of environmental emergencies that lead to an environmental emergency;

b) Violations against regulations on response to environmental emergencies and environmental remediation that lead to serious environmental pollution or causes ≥ 61% WPI for another person or causes a total WPI of 61% - 121% for ≥ 02 people or causes damage assessed at from VND 1,000,000,000 to under VND 3,000,000,000.

2. This offence committed in any of the following circumstances carries a fine of from VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence results in the death of a person;

b) The offence causes a total WPI of 122% - 200% for more than one person;

c) The damage caused by the offence is assessed at from VND 3,000,000,000 to under VND 7,000,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in the death of more than one person;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The damage caused by the offence is assessed at ≥ VND 7,000,000,000.”;

b) Point c Clause 5 of Article 237 is amended as follows:

“c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 10,000,000,000 or has its operation suspended for 01 - 03 years;”.

60. Article 238 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 238 are amended as follows:

“1. A person who commits any of the following acts which causes ≥ 61% WPI for another person or causes a total WPI of 61% - 121% for ≥ 02 people or causes damage assessed at from VND 100,000,000 to under VND 300,000,000, except in the circumstances specified in Article 303 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonment:

a) Illegally building houses or works within the perimeter of irrigation works, dykes or and disaster protection works;

b) Damaging irrigation works, dykes, and disaster protection works; works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water;

c) Illegally drilling, surveying, extracting soil, stones, sand, gravel, minerals, groundwater;

d) Using explosives, causing explosion or fire within the perimeter of irrigation works, dykes, and disaster protection works, works for protection, extraction, monitoring of water resources, works for protection and relief from harmful effects of water, unless there is a license or in an emergency prescribed by law;

dd) Operating a reservoirs, flood diversion works or flood control work against the procedures or technical regulations, unless it is decided by a competent person.

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence results in the death of a person;

d) The offence causes a total WPI of 122% - 200% for more than one person;

dd) The damage caused by the offence is assessed at from VND 300,000,000 to under VND 1,000,000,000;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in the death of more than one person;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offence causes damage assessed at ≥ VND 1,000,000,000.”;

b) Point c Clause 5 of Article 238 is amended as follows:

“c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 01 - 03 years;”.

61. Article 239 is amended as follows:

a) Clause 1, Clause 2 and Clause 3 of Article 239 are amended as follows:

“1. A person who illegally brings wastes into Vietnam’s territory in any of the following circumstances shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Bringing from 1,000 kg to under 3,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 3,000 kg to under 10,000 kg of other hazardous wastes into Vietnam’s territory;

b) Bringing from 70,000 kg to under 170,000 kg of other wastes into Vietnam’s territory.

2. This offence committed in any of the following circumstances carries a fine of from VND 1,000,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) Bringing from 3,000 kg to under 5,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or from 10,000 kg to under 50,000 kg of other hazardous wastes into Vietnam’s territory;

c) Bringing from 170,000 kg to under 300,000 kg of other wastes into Vietnam’s territory.

3. This offence committed in any of the following circumstances carries a fine of from VND 2,000,000,000 to VND 5,000,000,000 or a penalty of 05 - 10 years' imprisonment:

a) Bringing ≥ 5,000 kg of hazardous wastes that contain extremely hazardous constituents beyond the limits prescribed by law or hazardous wastes in Appendix A of Stockholm Convention on persistent organic pollutants or ≥ 50,000 kg of other hazardous wastes into Vietnam’s territory;

b) Bringing ≥ 300,000 kg of other wastes into Vietnam’s territory.”;

b) Point b and Point c Clause 5 of Article 239 are amended as follows:

“b) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 12 months;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 01 - 03 years;”.

62. Clause 1, Clause 2 and Clause 3 of Article 242 are amended as follows:

“1. A person who violates regulations on protection of aquatic resources in any of the following circumstances and causes a loss of aquatic resources assessed at from VND 100,000,000 to under VND 500,000,000 or extracts a quantity of aquatic products assessed at from VND 50,000,000 to under VND 200,000,000 or does it while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Using poisons, explosives, chemicals, electricity or banned fishing for fishing or destructing aquatic resources;

b) Fishing in a banned area or a temporarily banned area as prescribed by law;

c) Extracting species banned from fishing, except in the circumstances specified in Article 244 hereof;

d) Destroying the habitat of aquatic species on the list of endangered species;

dd) The offence causes ≥ 61% WPI for another person;

e) The offence causes a total WPI of 61% - 121% for more than one person;

g) Violations against other regulations of law on protection of aquatic resources.

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 05 years' imprisonment:

a) The offence causes a loss of aquatic resources assessed at from VND 500,000,000 to under VND 1,500,000,000 the a quantity of aquatic products extracted is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence results in the death of a person;

c) The offence causes a total WPI of 122% - 200% for more than one person.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence causes a loss of aquatic resources assessed at ≥ VND 1,500,000,00, or the extracted quantity of aquatic products is assessed at ≥ VND 500,000,000;

b) The offence results in the death of ≥ 02 people;

c) The offence causes a total WPI of 201% for ≥ 03 people.”.

63. Article 243 is amended as follows:

a) Clauses 1, 2, 3 of Article 243 are amended as follows:

“1. Any person who sets fire to or destroys forests or otherwise inflicts damage to forests in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years’ imprisonment:

a) The offence involves an area of from 30,000 m2 to under 50,000 m2 of immature forests or contained cultivation site;

b) The offence involves an area of from 5,000 m2 to under 10,000 m2 of production forest;

c) The offence involves an area of from over 3,000 m2 to under 7,000 m2 of protection forest;

d) The offence involves an area of from 1,000 m2 to under 3,000 m2 of specialized forest;

dd) The offence causes a loss of forest products assessed at from VND 50,000,000 to under VND 100,000,000 in case it is not possible to determine the area of destroyed forest;

e) The offence involves plants on the list of endangered species or plants in Group IA assessed at from VND 20,000,000 to under VND 60,000,000; plants in Group IIA assessed at from VND 40,000,000 to under VND 100,000,000;

g) The destroyed forest area or volume of forest products is below the levels specified in Point a through e Clause 1 of this Article but the offender has

incurred an administrative penalty for any of the offence specified in this Article or has an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in the name of an agency or organization;

c) Dangerous recidivism.

d) The offence involves an area of from 50,000 m2 to under 100,000 m2 of immature forests or contained cultivation site;

dd) The offence involves an area of from over 10,000 m2 to under 50,000 m2 of production forest;

e) The offence involves an area of from over 7,000 m2 to under 10,000 m2 of protection forest;

g) The offence involves an area of from over 3,000 m2 to under 5,000 m2 of specialized forest;

h) The offence causes a loss of forest products assessed at from VND 100,000,000 to under VND 200,000,000 in case it is not possible to determine the area of destroyed forest;

i) The offence involves plants on the list of endangered species or plants in Group IA assessed at from VND 60,000,000 to under VND 100,000,000; plants in Group IIA assessed at from VND 100,000,000 to under VND 200,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

The offence involves an area of ≥ 100,000 m2 of immature forests or contained cultivation site;

b) The offence involves an area of ≥ 50,000 m2 of production forest;

c) The offence involves an area of ≥ 10,000 m2 of protection forest;

d) The offence involves an area of ≥ 5,000 m2 of specialized forest;

dd) The offence causes a loss of forest products assessed at ≥ VND 200,000,000 in case it is not possible to determine the area of destroyed forest;

e) The offence involves plants on the list of endangered species or plants in Group IA assessed at from ≥ VND 100,000,000; plants in Group IIA assessed at ≥ VND 200,000,000.”;

b) Point n Clause 5 of Article 243 is amended as follows:

“b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, c, d, dd, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;”.

64. Article 244 is amended as follows:

a) The title, Clause 1, Clause 2 and Clause 3 of Article 244 are amended as follows:

“Article 244. Offences against regulations on protection of endangered and rare animals

1. Any person who violates regulations on protection of animals on the List of endangered and rare species; animals in Group IB or in Appendix I of CITES in any of the following circumstances shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) Illegal hunting, killing, imparking, transport, trading of animals on the list of endangered and rare species;

b) Illegal possession, transport, trading of vital body parts or products of animals specified in Point a of this Clause;

c) An offence that involves from 02 kg to under 20 kg of elephant tusks; from 0.05 kg to under 01 kg of rhino horns;

d) Illegal hunting, killing, raising, imparking, transport, trading of Group IB animals or animals in Appendix I of CITES other than those specified in Point a of this Clause involving 03 - 07 individuals of class mammalia, 07- 10 individuals of class aves or class reptilia or 10 - 15 individuals of other classes;

dd) Illegal possession, transport, trading of 03 - 07 individuals of class mammalia or vital body parts thereof, 07 - 10 individuals of class aves or class reptilia or vital body parts thereof, or 10 -15 individuals of other classes specified in Point d of this Clause or vital body parts thereof;

e) Illegal hunting, killing, raising, imparking, transport, trading of animals; illegal possession, transport, trading of animals, vital body parts or products

thereof below the lower limit specified in Point c through dd of his Clause while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence involves 03 - 07 individuals of class mammalia or vital body parts thereof, 07 - 10 individuals of class aves or class reptilia or vital body parts thereof, or 10 -15 individuals of other classes or vital body parts thereof in the circumstance specified in Point a Clause 1 of this Article;

b) The offence involves 08 - 11 individuals of class mammalia or vital body parts thereof, 11 - 15 individuals of class aves or class reptilia or vital body parts thereof, or 16 -20 individuals of other classes or vital body parts thereof in the circumstance specified in Point d Clause 1 of this Article;

c) The offence involves 01 - 02 elephants or vital body parts thereof; 03 - 05 bears, tigers or vital body parts thereof;

d) An offence that involves from 20 kg to under 90 kg of elephant tusks; from 01 kg to under 09 kg of rhino horns;

dd) The offence is committed by an organized group;

e) The offence is committed in the name of an agency or organization;

g) The offence is committed using banned hunting equipment;

h) Hunting in a no-hunting area or during a no-hunting period;

i) The illegal goods are traded or transported across the border;

k) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence involves ≥ 08 individuals of class mammalia or vital body parts thereof, ≥ 11 individuals of class aves or class reptilia or vital body parts thereof, or ≥ 16 individuals of other classes or vital body parts thereof in the circumstance specified in Point a Clause 1 of this Article;

b) The offence involves ≥ 12 individuals of class mammalia or vital body parts thereof, ≥ 16 individuals of class aves or class reptilia or vital body parts thereof, or ≥ 21 individuals of other classes or vital body parts thereof in the circumstance specified in Point d Clause 1 of this Article;

c) The offence involves ≥ 03 elephants or vital body parts thereof; ≥ 06 bears, tigers or vital body parts thereof;

d) The offence involves ≥ 90 kg of elephant tusks; ≥ 09 kg of rhino horns.”;

b) Point n Clause 5 of Article 244 is amended as follows:

“b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, d, dd, g, h, i, k Clause 2 of this Article shall be liable to fine of from VND 5,000,000,000 to VND 10,000,000,000;”.

65. Clause 2, Clause 3 and Clause 4 of Article 248 are amended as follows:

“2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The offence involves a quantity of from 500 g to under 01 kg of opium poppy resin, cannabis resin, or coca glue;

e) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

g) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

h) The offence involves a quantity of from 100 ml under 200 ml of other liquid narcotic substances;

i) Dangerous recidivism;

k) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point dd through h of this Clause.

3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

a) The offence is committed in a professional manner;

b) The offence involves a quantity of from 01 kg to under 05 kg of opium poppy resin, cannabis resin, or coca glue;

c) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

dd) The offence involves a quantity of from 200 ml under 750 ml of other liquid narcotic substances;

e) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through dd of this Clause.

4. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

d) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

dd) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through d of this Clause.”.

66. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 249 are amended as follows:

“1. Any person who possesses narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following circumstances shall face a penalty of 01 - 05 years' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Article 248, 250, 251 and 252 hereof ;

b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;

c) The offence involves a quantity of from 0.1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;

e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;

g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;

h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;

i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The offence involves employment of a person under 16 for commission of the offence;

e) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;

g) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

h) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

i) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

l) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

m) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

n) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.

o) Dangerous recidivism;

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.”.

67. Clause 1, Clause 2, Clause 3 and Clause 4 of Article 250 are amended as follows:

“1. Any person who illegally transport narcotic substances for purposes other than production, trading, possession of narcotic substances in any of the following circumstances shall face a penalty of 02 - 07 years' imprisonment:

b) The offence involves a quantity of from 01 g to under 500 g of poppy resin, cannabis resin, or coca glue;

c) The offence involves a quantity of from 0,1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d) The offence involves from 01 kg to under 10 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the

cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;

e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;

g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;

h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;

i) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through h of this Clause.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The offence involves employment of a person under 16 for commission of the offence;

e) The offence is committed across the border;

g) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;

h) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

i) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

l) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

m) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

n) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

o) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point g through n of this Clause.

p) Dangerous recidivism.