LAW on amendments and supplements to some articles of the criminal code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on amendments and supplements to some articles of The criminal law number 15/1999/QH10.
Article 1. Modification, addition, removal of some articles of the criminal code: 1. Remove the death penalty in article 111, 139, 153, 180, 197, 221, 289 and 334.
Modify the phrase "twenty years, life imprisonment or the death penalty" to the phrase "twenty years or life imprisonment" in paragraph 3 to article 111, paragraph 4 Article 139, Article 153, paragraph 4 paragraph 3 to article 180, paragraph 4 to article 197, paragraph 3 Article 221, paragraph 4 Article 289 paragraph 4 and Article 334.
2. Modify the level of minimum weight so criminal liability prescribed in paragraph 1 of a number of things such as the following: a) to modify the phrase "five hundred thousand Dong" into the phrase "two million" in clause 1 of article 137, 138, 139, 143, 278, 279, 280, 283, 289, 290 and 291;
b) amend the phrase "a million" into the phrase "four million" in paragraph 1 and the word "on" at the point d item 2 Article 140;
c) amend the phrase "five million" into the phrase "ten million" in clause 1 Article 141.
3. Clause 5 Article 69 is amended and supplemented as follows: "5. no sanctions life imprisonment or the death penalty for juvenile offenders.
When applying punishment for juvenile offenders need to limit the application of punishment in prison. When the sanction of jail time, the Court for juveniles guilty of enjoying milder sentence level project level applicable to underage person has sinned.
Do not apply the penalty money for juvenile offenders aged from full 14 years to under 16 years.
Do not apply additional penalties for juvenile offenders. "
4. name the Article 84 is amended as follows: "article 84. The crime of terrorism "was changed to" Article 84. The crime of terrorism aimed against the people's Government ".
5. Article 119 is amended and supplemented as follows: "article 119. The crime of buying and selling people 1. Who would buy and sell people being imprisonment from two years to seven years.
2. the offence in one of the following circumstances, it shall be imprisonment from five years to twenty years: a) for the purposes of prostitution;
b) Have held;
c) professional in nature;
d) to get the body parts of the victims;
DD) To give foreign countries;
e) for many people;
g) Sin many times;
3. The offender can be fined from five million to fifty million fine, probation or banning residents from one year to five years. "
6. Item 2 Article 120 amended and supplemented as follows: "2. the offence in one of the following circumstances, it shall be imprisonment from ten years to twenty years or life imprisonment: a) Has organized b) professional in nature;
c) because of the despicable motives;
d) for many children;
DD) to get the body parts of the victims;
e) To devise;
g) for use on inhumane purposes;
h) To use on the purpose of prostitution;
I) dangerous re-offending;
k) Causing serious consequences. "
7. Article 1, Paragraph 160 is amended and supplemented as follows: "1. The person who would take advantage of the situation of scarce or create false scarcity created in the situation of disaster, disease, war or the difficult economic situation buying suits bulk goods to sell back illegal profits causing serious consequences , shall be fined from twenty million to two hundred million or imprisonment from six months to five years. "
8. Article 161 amended and supplemented as follows: "article 161. The crime of tax evasion 1. Who would tax evasion to the amount from one hundred million to three hundred million or below a hundred million but has sanctioned about administrative acts of tax evasion or has been sentenced for the crime or on one of the crimes stipulated in articles 153, 154, 155, 156, 157, 158 , 159, 160, 164, 193, 194, 195, 196, 230, 232, 233, 236 and 238 of the law, not yet deleted projects area of the infringement, but also fined from one to five times the amount of tax evasion or punishment improving not imprisoned up to two years.
2. Guilty of tax evasion to the amount of three hundred million under the six hundred million or re-offending for the crime, shall be fined from one to five times the amount of tax evasion or imprisonment from six months to three years.
3. Guilty of tax evasion to the amount of six hundred million or over, or in the case of particularly severe penalty, imprisonment from two years to seven years.
4. The offender can be fined from once to three times the amount of tax evasion. "
9. Supplement Article 164a as follows: "article 164a. Crime in, release, unauthorized purchase invoice, voucher currency lodging budget 1. Who would print, release, unauthorized purchase invoice, voucher currency lodging budget in large quantities or have sanctioned the Administration about this behavior or have been convicted for the crime, not yet deleted project that also violate, then fined from fifty million to two hundred million innovation is not confined to three years or imprisonment from six months to three years.
2. the offence in one of the following circumstances, it shall be imprisonment from one year to five years: a) Has held;
b) professional in nature;
c) taking advantage of position and powers;
d) invoices, vouchers have very large numbers or particularly large;
DD) illegal profit;
e) dangerous re-offending;
g) Causes serious consequences.
3. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
10. additional 164b Thing as follows: "the 164b. The crime of violation of regulations on the preservation, management Bill, voucher currency lodging budget 1. Who would have the responsibility to preserve, manage, invoice, remittance voucher state that violated the regulations of the State of preservation, the management of invoices, vouchers currency lodging State budget causing serious consequences or were sentenced to disciplinary, administrative of this behavior or have been convicted for the crime , not yet deleted project that also violate, then fined from ten million to one hundred million, not confined to two years or imprisonment from three months to two years.
2. the offence in one of the following circumstances, it shall be imprisonment from one year to five years: a) Has held;
b) sinned many times;
c) Caused serious consequences or especially serious.
3. The offenders may also be prohibited assignment or do certain work from one year to five years. "
11. additional 170a Thing as follows: "article 170a. The crime of infringement of copyright and related rights 1. Who would not be permitted by the owner of copyright and related rights that implement one of the following acts of infringement of copyright and related rights are being protected in Vietnam with a commercial scale, the fines from fifty million to five hundred million or improvement is not confined to two years : a) copying files, sound recordings, logs;
b) distribution to the public of copies of the work, a copy of a sound recording, a copy of a record.
2. the offence in one of the following cases, the fines from the four hundred million to one billion or imprisonment from six months to three years: a) Has held;
b) sinned many times.
3. The offender can be fined from twenty million to two hundred million, all service, all practising or doing certain work from one year to five years. "
12. Article 171 was amended and supplemented as follows: "article 171. The crime of infringing industrial property rights 1. Who would intentionally infringing industrial property rights in respect of trademarks or geographical indications that are protected in Vietnam with a commercial scale, the fines from fifty million to five hundred million or renovating not imprisoned up to two years.
2. the offence in one of the following cases, the fines from the four hundred million to one billion or imprisonment from six months to three years: a) Has held;
b) sinned many times.
3. The offender can be fined from twenty million to two hundred million, all service, all practising or doing certain work from one year to five years. "
13. Article 174 is amended and supplemented as follows: "article 174. Violations of regulations on land management 1. Who would misuse or abuse of Office, powers, recovery, lease, permit the transfer of use, allow the transfer of the land use purpose unlawful in either of the following cases, the penalty is not improving to three years detention or imprisonment from six months to three years. : a) has been disciplined about this behavior but also violate;
b) Land covers an area of large or great value;
c) Causing serious consequences.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) land with an area of very large or very large value;
c) Causing very serious consequences.
3. the offence in one of the following circumstances, it shall be imprisonment from five years to ten in two years: a) the land has an area of particularly large or particularly valuable;
b) Cause particularly severe consequences.
4. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
14. additional Article 181a as follows: "Article 181a. The crime of deliberately published false information or concealing the truth in securities activities 1. Who would deliberately published false information or concealing the truth regarding selling, listing, trading, stock trading activities, market organization, registration, custody, clearing or securities payments cause serious consequences, they shall be fined from one hundred million to five hundred million innovation is not confined to two years or imprisonment from six months to two years.
2. the offence in one of the following circumstances, it shall be imprisonment from one year to five years: a) Has held;
b) large illegal profits;
c) Causing very serious consequences or especially serious;
d) Re dangerous offense.
3. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
15. Supplement Article 181b as follows: "article 10B. Charges of using inside information to buy and sell securities

1. Who would know the relevant information to the public or mass Fund not yet announced that if published could have a major influence on the company's stock price or mass Foundation which uses this information to buy and sell securities or disclosing this information, offer or advise others to buy and sell securities on the basis of the information great, then fines from one hundred million to five hundred million, restoration is not confined to three years or imprisonment from six months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) huge illegal profits or particularly large;
c) Causing serious consequences;
d) Re dangerous offense.
3. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
16. additional Article 181c as follows: "article 181c. The crime of manipulating securities prices 1. Who would make a in the stock price manipulation behavior here that cause serious consequences, they shall be fined from one hundred million to five hundred million, restoration is not confined to three years or imprisonment from six months to three years: a) collusion to make stock purchases to create false supply and demand;
b) stock using the configuration forms, entice others to constantly buy and sell.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) large illegal profits;
c) Causing very serious consequences or especially serious;
d) Re dangerous offense.
3. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
17. Article 182 is amended and supplemented as follows: "article 182. Charges of polluting the environment 1. Who would waste into the air, water, soil the environmental pollutants, radiation, radioactive dispersal beyond national technical regulation on waste in the severity or how seriously polluted the environment or cause other serious consequences, shall be fined from fifty million to five hundred million innovation is not confined to three years or imprisonment from six months to five years.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to ten years: a) Has held;
b) polluted environment is especially serious or very serious consequences, particularly severe.
3. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
18. Additional Articles 182a as follows: "article 182a. The crime of violation of regulations on the management of hazardous waste 1. Any person violating the provisions on the management of hazardous waste is causing serious environmental pollution or other serious consequences, if not in the cases specified in article 182 of this code, shall be fined from fifty million to five hundred million, a fine improvement, not confined to two years or imprisonment from six months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) Causing very serious consequences;
c) Re dangerous offense.
3. Guilty cause particularly severe consequences shall be imprisonment from five years to ten years.
4. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
19. additional Article 182b, as follows: "article 182b. The crime of violation of regulations on the prevention of incidents on the environment 1. Any person violating the provisions on preventing environmental incidents to happen or violate environmental regulations regarding environmental incident response do contaminated environment seriously or cause other serious consequences, shall be fined from fifty million to five hundred million fine, no improvements to two years detention or imprisonment from six months to three years.
2. Guilty of causing very serious consequences shall be imprisonment from two years to seven years.
3. Guilty cause particularly severe consequences shall be imprisonment from five years to ten years.
4. The offender can be fined from ten million to one hundred and fifty million dong, all service, all practising or doing certain work from one year to five years. "
20. Article 185 is amended and supplemented as follows: "article 185. The crime put the waste on the territory of Vietnam 1. Who would use the import of machinery, technology, equipment, waste materials or chemicals, biological products or by other tricks Vietnam territory hazardous waste or other waste in bulk or cause serious consequences, they shall be fined from two hundred million to one billion innovation is not confined to three years or imprisonment from six months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) hazardous waste has a large number of other waste or have very large numbers or particularly large;
c) Causing very serious consequences;
3. Guilty cause particularly severe consequences shall be imprisonment from five years to ten years.
4. The offender can be fined from one hundred million to five hundred million, all service, all practising or doing certain work from one year to five years. "
21. Article 190 is amended and supplemented as follows: "article 190. The crime of violation of the rules of animal protection in the category endangered, rare, precious is the priority of protection 1. People would hunt, kill, transport, livestock, confine, unauthorised trade in animal species endangered, rare, precious or priority shipping, illegal trade in body parts of animals or products thereof, shall be fined from fifty million to five hundred million innovation is not confined to three years or imprisonment from six months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) taking advantage of position and powers;
c) use tools or means of hunting is prohibited;
d) hunting in the area is prohibited or banned at the time;
DD) Causing very serious consequences or especially serious.
3. The offender can be fined from ten million to one hundred million, all service, all practising or doing certain work from one year to five years. "
22. Article 191 is amended and supplemented as follows: "article 191. The crime of violation of regulations on the management of natural protected areas 1. Any person violating the provisions on management of natural protected areas causing serious consequences, they shall be fined from fifty million to five hundred million, not confined to three years or imprisonment from six months to three years.
2. A crime causing serious consequences for strict protection areas shall be imprisonment from two years to five years.
3. the offence in one of the following circumstances, it shall be imprisonment from three years to ten years: a) Has held;
b) use tools, means, the measure is forbidden;
c) Causing very serious consequences or especially serious for strict protection areas.
4. The offender can be fined from ten million to one hundred million, all service, all practising or doing certain work from one year to five years. "
23. Supplement Article 191a is as follows: "Article 191a. The crime of importing, distributing foreign invasive species 1. Who would knowingly import, distribute foreign invasive species causing serious consequences, they shall be fined from fifty million to five hundred million, restoration is not confined to three years or imprisonment from six months to five years.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to ten years: a) Has held;
b) Causing very serious consequences or especially serious;
c) Re dangerous offense.
3. The offender can be fined from ten million to one hundred million, all service, all practising or doing certain work from one year to five years. "
24. Point b item 2 Article 202 amended and supplemented as follows: "b) in using wine, beer in the blood or breath alcohol concentration in excess of the prescribed rates or use other powerful stimulants that the law prohibited use;"
25. Article 224 was amended and supplemented as follows: "article 224. Releasing the virus, informatics program features harmful to the operation of computer network, telecommunications network, the Internet, digital equipment 1. Who would intentionally distribute viruses, informatics program features the harm of computer network, telecommunications network, the Internet, digital equipment, causing serious consequences, they shall be fined from twenty million to two hundred million or imprisonment from one year to five years.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to seven years: a) Has held;
b) Causing very serious consequences;
c) Re dangerous offense.
3. the offence in one of the following circumstances, it shall be imprisonment from five years to ten in two years: a) for system data in State secrets; information systems security service, Defense;
b) for the infrastructure national information; Executive information system, national grid; financial information systems, banking; the system of traffic control information;
c) Cause particularly severe consequences.
4. The offender can be fined from five million to fifty million, all service, all practising or doing certain work from one year to five years. "
225. Article 26 is amended and supplemented as follows: "article 225. The crime of obstructing or causing disorder in the operation of telecommunication networks, computer networks, the Internet, digital equipment 1. Who would perform one of the following behaviors that cause serious consequences if not in the cases specified in article 224 and article 226a of this law, shall be fined from twenty million to two hundred million or imprisonment from one year to five years: a) arbitrarily deleted, damage or alter the software data, the device number;
b) prevent the unauthorized transmission of data of computer network, telecommunications network, the Internet, digital equipment;

c) other acts impedes or causing disorder in the operation of telecommunication networks, computer networks, the Internet, digital equipment.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to seven years: a) Has held;
b) taking advantage of the right to network administrators, computer network, the Internet;
c) Causing very serious consequences;
3. the offence in one of the following circumstances, it shall be imprisonment from five years to ten in two years: a) for system data in State secrets; information systems security service, Defense;
b) for the infrastructure national information; Executive information system, national grid; financial information systems, banking; the system of traffic control information;
c) Cause particularly severe consequences.
4. The offender can be fined from five million to fifty million, all service, all practising or doing certain work from one year to five years. "
226. Article 27 is amended and supplemented as follows: "article 226. The crime of giving or unauthorized use of information computer network, telecommunications network, Internet 1. Who would perform one of the following acts infringing the interests of agencies, organizations, individuals, violating the safe social order, causing serious consequences, they shall be fined from ten million to one hundred million, not confined to three years or imprisonment from six months to three years. : a) bring up the computer network, telecommunications network, Internet network information contrary to the provisions of the law, if not in the cases specified in article 88 and article 253 of the code;
b) the sale, Exchange, donation, repair, alter or publicly the private information of agencies, organizations, and individuals on computer networks, telecommunications, Internet network without permission of the owner of that information;
c) other acts of unauthorised use of the information on the computer network, telecommunications network, the Internet.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a) Has held;
b) taking advantage of the right to network administrators, computer network, the Internet;
c) nefarious gain from a hundred million or more;
d) Causing very serious consequences or especially serious.
3. The offender can be fined from twenty million to two hundred million, all service, all practising or doing certain work from one year to five years. "
28. Additional Articles 226a as follows: "article 226a. Offence of illegal access to computer network, telecommunications network, Internet or other people's number 1. Who would knowingly pass alerts, access code, firewall, using administrator rights of others, or by other means of illegal access to computer network, telecommunications network, Internet or other people's equipment seized control; interfere with the functioning of the equipment; steal, alter, destroy, fake data or unauthorized use of the services, shall be fined from twenty million to two hundred million or imprisonment from one year to five years.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to seven years: a) Has held;
b) taking advantage of position and powers;
c) nefarious big profits;
d) Causing serious consequences;
DD) Re dangerous offense.
3. the offence in one of the following circumstances, it shall be imprisonment from five years to ten in two years: a) for system data in State secrets; information systems security service, Defense;
b) for the infrastructure national information; Executive information system, national grid; financial information systems, banking; the system of traffic control information;
c) huge illegal profits or particularly large;
d) Causing very serious consequences or especially serious.
4. The offender can be fined from five million to fifty million, all service, all practising or doing certain work from one year to five years. "
29. Supplement Article 226b as follows: "article 226b. Criminal use of computer network, telecommunications network, the Internet or digital equipment perform acts appropriating assets 1. Who would use the computer network, telecommunications network, the Internet or digital devices perform one of the following acts, shall be fined from ten million to one hundred million or imprisonment from one year to five years: a) to use the information about your account, the Agency's bank card , organization, individual to misappropriate or fake bank cards in order to usurp the property of the owner of the goods, or the payment card services;
b) illicit access to the account of the Agency, organization or individual to misappropriate assets;
c) fraud in electronic trading, currency trading, credit financing, sale and payment of shares over a network in order to usurp the property of the Agency, organization, or individual;
d) other acts intended to usurp the property of the Agency, organization, individual.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to seven years: a) Has held;
b) sinned many times;
c) professional in nature;
d) seized assets worth from fifty million to under two hundred million;
DD) Causing serious consequences;
e) Re dangerous offense.
3. the offence in one of the following circumstances, it shall be imprisonment from seven to fifteen years: a) expropriations of property valued at two hundred million to under five hundred million;
b) Causing very serious consequences.
4. Crime in one of the following circumstances, it shall be imprisonment from ten to twenty years or two years imprisonment: a) expropriations of property valued at five hundred million or more;
b) Cause particularly severe consequences.
5. The offenders may also be fined from five million to one hundred million, confiscated a portion or the entire property, prohibition of assignment, all practising or doing certain work from one year to five years. "
30. additional Article 230a is as follows: "article 230a. The crime of terrorism 1. Who aimed to cause panic in the public status that infringe another person's life or destruction of property, agency, organization or individual, shall be imprisonment from ten years to twenty years, life imprisonment or the death penalty.
2. the offence in the case violated the freedom of the body, health or seizure, damaging the property of the Agency, organization or individual, shall be punished to imprisonment from five to fifteen years.
3. in case of criminal threat made to one of the acts specified in paragraph 1 of this article or the other acts, the mental menace being imprisonment from two years to seven years.
4. The offender can be fined on probation, forbid residents from one year to five years, confiscating a part or the whole of the property.
31. Supplement Article 230b as follows: "article 230b. The crime of financing of terrorism 1. People would mobilize support, money, property of any kind for the organization or individual terrorism, then the penalty to imprisonment from five years to ten years.
2. The offender can be fined on probation, forbid residents from one year to five years, confiscating a part or the whole of the property. "
32. Article 248 was amended and supplemented as follows: "article 248. The Gambling crime 1. Who does unauthorized gambling in any form would be lost in the money or valuable artifacts from two million to fifty million or two million but was convicted for the crime or crimes specified in article 249 of the code, has not been cleared of the judgment but also infringement analysis , shall be fined from five million to fifty million, renovating not detained up to three years or imprisonment from three months to three years.
2. the offence in one of the following circumstances, the penalty or imprisonment from two years to seven years: a professional nature);
b) money or gambling used artifacts worth from fifty million;
c) Re dangerous offense.
3. The offender can be fined from three million to thirty million ".
33. Article 249 paragraph 1 be amended and supplemented as follows: "1. Who would organize gambling or brackets with large-scale illegal gambling or were sanctioned administratively on the acts specified in this article and article 248 of the code or has been convicted of one crime , not yet deleted project that also violate, then fined from ten million to three hundred million or imprisonment from one year to five years. "
34. Article 251 was amended and supplemented as follows: "Article 251. The crime of money laundering 1. Who would perform one of the following acts, shall be imprisonment from one year to five years: a) the direct or indirect involvement in financial transactions, banking or other transactions involving cash, property crimes that do know have to conceal illegal origin of the funds , property;
b) use the money, the property is known by the offender that have on the conduct of business activities or other activities;
c) concealing information about the source, true nature, the location, the process of moving or for money, ownership of property is unknown due to a crime that had or hinder the verification of that information;
d) made one of the acts specified in points a, b and c account for this money, the property is known to have been from the shifting, transfer, convert money, assets due to an offence that has.
2. the offence in one of the following circumstances, it shall be imprisonment from three years to ten years: a) Has held;
b) taking advantage of position and powers;
c) sinned many times;
d) professional in nature;
DD) Using sophisticated tricks, crafty;
e) money, property crime has great value;
g) large illegal profits;
h) Causing serious consequences;
I) Re dangerous offense.
3. the offence in one of the following circumstances, it shall be imprisonment from eight years to fifteen years: a) Money, property crime have very large values or particularly large;
b) huge illegal profits or particularly large;
c) Causing very serious consequences or especially serious.
4. The offenders may also be confiscated a portion or the entire property, a fine of up to three times the amount or value of property crime, prohibition of assignment, all practising or doing certain work from one year to five years. "
35. Article 274 is modified as follows: "article 274. Crime, unauthorized entry; guilty in illegal Vietnam again

Who would exit, unauthorized entry or stay in Vietnam, has sanctioned the Administration about this behavior but also violating, then fines from five million to fifty million or imprisonment from three months to two years. "
36. Removal of article 131, 183, 184 and 199.
Article 2. Modify, add the phrase in paragraph 1 to article 313 as follows: 1. To modify the phrase "article 119, paragraph 2 (the crime of buying and selling women)" into the phrase "article 119, paragraph 2 (the crime of sale person)";
2. additional phrases "article 230a (terrorism)" after the phrase "article 230 (crime of manufacturing, Stockpiling, transporting, using, trading in illegally appropriating or warfare, military engineering vehicles)".
Article 3.
1. This Act has effect from January 1, 2010.
2. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam XII, 5 session through June 19, 2009./.