CIRCULAR guiding the implementation of category 3 resolution No. 32/1999/QH10 on December 21, 1999 of the Parliament and resolution No. 229/2000/NQ-UBTVQH10 on 28 January 2000 by the Commission of the National Assembly _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 21-01-1999, the National Assembly of the Socialist Republic of Vietnam Xth adopted the new Criminal Code of the Socialist Republic Vietnam (from here referred to as the Criminal Code of 1999). The National Assembly also adopted resolution No. 32/1999/QH10 on the enforcement of the Criminal Code (referred to as resolution No. 32). In section 1 of the regulation is that the Criminal Code of 1999 came into force on 1 July 2000, but in section 3 of the resolution has defined the way, handling policy for some specific case be applied from the date the criminal to be announced (February 4-1-2000). On 28 January 2000, the Commission of the National Assembly also issued resolution No. 229/2000/NQ-UBTVQH10 on the implementation of section 3 of the resolution of the Congress "about the enforcement of the Criminal Code" (hereinafter referred to as resolution No. 229).
To properly enforce the provisions in section 3 resolution No. 32 of the Congress and the provisions of resolution No. 229 of the Standing Committee of the National Assembly, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, Ministry of public security uniform instructions some of the following points from the date the criminal to be announced (February 4-1-2000): 1. In all cases when a trial of first instance, the appeals judges also does not apply the death penalty for people who commit a crime in the Criminal Code of 1999 have dropped the death penalty for that crime; in particular, the following crimes: the crime and the law according to the STT PENAL CODE offence in 1985 and the law according to the PENAL CODE in 1999 1 security crime territory (Article 75) guilty of violating the security of the territory (article 81) 2 Anti-Crime smash detention (article 84) Anti Crime smash detention (article 90) 3 charges of fabrication , storing, use, purchase and sale of illegally appropriating or warfare, military engineering vehicles (article 95) Crime Museum, built Word, transportation, use, unauthorized trading or appropriating arms, military-technical means (article 230) 4 charges of illegal transport of goods, cross border currency (article 97) crime of unauthorized goods transport , cross border currency (article 154) 5 Criminal theft of SOCIALIST property (article 132) guilty of stealing property (article 138) 6 crime of destroying or intentionally damaging SOCIALIST property (article 138) the crime of destroying or damaging property (article 143) 7 charges of abuse of Office, appropriating the property rights of citizens (article 156) the crime of abusing the Office powers seized property (Article 280) 8 Guilty of making false charges of trafficking in counterfeit goods (article 167)-crime of producing, trafficking in counterfeit goods (article 156)-Guilt producing, trafficking in counterfeit goods is used to feed livestock, fertilizer, veterinary medicine, plant protection, seed, livestock (article 158) 9 raped , entice others to use illegal narcotics (article 185m) raped entice others to use illegal narcotics (article 200) 10 charges of bribing brokers do (article 227) guilty of bribing brokers do (article 290) 11 Crime fighting position (article 258) the crime fighting position (article 324) 12 charges of recruiting men ahead , do men (Article 280) profoundly Tôị mercenaries, grave crimes Division was made of mercenaries (article 344) In the above case, if upon the trial of the first instance, appellate trial that deems the offence is particularly serious, and according to the provisions of the criminal code in 1985 to sanction the offenders with the highest level of punishment is the death penalty now, apply the respective laws of the criminal code in 1999 to sanction the offenders with the highest punishment that the law that rules.
2. When the trial of the first instance, the appeals judges did not apply the death penalty for pregnant women, women are having children (offspring, adopted) under 36 months of age when the crime or when hearing about the crime for which the criminal code in 1999 still prescribe the death penalty.
Only be considered to be adopted if the adoption and was adopted to be made under the conditions, sequence, procedure by the law on marriage and the family, the law on the Registrar regulations.
3. c category 3 resolution No. 32 stipulates: "no handle on criminal acts for which the criminal code previously specified is crime, but the criminal code does not prescribe a criminal...." Behavior that the criminal code in 1985 (amended and supplemented on the 1989, 1991, 1992 and 1997) regulations is criminal, but the Criminal Code of 1999 does not include criminal provisions: a. behavior that the criminal provisions in 1985 as a specific offence in a specific laws now the criminal of 1999 is not prescribed as crimes again and fled this offence; namely: STT laws and charges under the PENAL CODE in Article 86 1985 1. The crime against the SOCIALIST State brothers 2 Article 98. The crime of destruction of currency 3 Article 164. The crime of obstructing the implementation of the provisions of the State on the Socialist renovation 4 Article 172. The crime of appropriating the stamps, votes; the crime of making or circulating false papers, stamps used on the distribution 5 things 177 Guilty of poor quality product circulation 6 Article 183. The crime of manufacturing or trafficking in illegal alcohol, cigarettes (if not in the case of unauthorised business prescribed in article 159 of the Penal Code of 1999).



7 Article 184. Charges of police abuse of cattle 8 Article 208. The crime of evading obligations! 9 Article 209. The crime of making left or impede service! 10 things 261. The crime of unauthorized absence b. Behavior that the criminal provisions in 1985 is the crime in a particular law of a specific offence, the criminal code in 1999 but still have specific laws about the charges, but in the law that has put this offense.
Example 1: transfer to unauthorized behavior by home State or social organizations managing large illegal profit, can be traced to criminal bail on charges of "violating the rules of management," according to the provisions of article 214 of the Penal Code in 1985, now in the criminal code in 1999 but still have What prescribed 270 on charges of "violating the provisions on the management of housing ", but in the law that eliminates this behavior.

Example 2: behaviour of his, she, her father, mother, children, grandchildren, siblings, spouse of the offender is not responsible of the crime is not the crime of infringing national security or other crimes is not guilty of particularly severe, you may save the criminal responsibility for the crime "not responsible" crime as defined in article 247 of the Penal Code in 1985, now in the criminal code in 1999 but still have no criminal regulation 314 denounces crime, but in the law that has left this behavior;
c. acts which the criminal offence is defined in 1985, according to the criminal code in 1999, then this behavior is not a crime because there are one or more of the required constitute new signs were added.
Example 1: the acts appropriating natural property, theft, fraud seized assets worth under five hundred thousand under the criminal code in 1985 may save the criminal liability of the respective charges without the need to attach any conditions Today, according to the criminal code in 1999, only considered the crime and may save the criminal liability according to the corresponding offence, if in one of the cases that cause serious consequences or were sentenced to administrative acts taken or already convicted of the crime of appropriation of property , not yet deleted project that also violate; Thus, the acts appropriating natural property, theft, fraud seized assets worth under five hundred thousand Council that isn't in one of the meetings, according to the Criminal Code of 1999 is not a crime.
Example 2: the acts such as forced marriage, hinder marriage voluntarily improvement, organization or algae algae kissing under the criminal code in 1985 may save the criminal liability of the respective charges today, according to the criminal code in 1999, only considered the crime and may save the criminal liability for danhtương application If they had sanctioned the Administration about this behavior but also violating. In cases not yet sanctioned the Administration about this behavior, it is not a crime.
Example 3: violations of regulations on land management because no advantage or other personal motives if caused serious consequences or have been handled administratively under the criminal code in 1985 may save the criminal liability for the crime of "breach of the rules on the management and protection of the land" , (Article 180); now according to the criminal code in 1999, only considered the crime and may save the criminal liability of "violations of regulations on land management" (article 174) if have been disciplined about this behavior but also violating. In the case has not yet been disciplined (including sanctioning administrative violations) about this behavior, though in one of the circumstances specified in paragraph 2 to article 174 of the Penal Code of 1999, not the crime. (If for non-profit or other personal motives, then customize each moment, each case can be traced to criminal bail on charges of abusing Office powers while on duty specified in article 221 of the Penal Code, 1985 or 281 of the Penal Code of 1999).
4. A d category 3 resolution No. 32 of the Congress of the regulation: "no handle on criminal for minors from age 14, enough to under 16 years crime has the highest level of penalty to seven contrition prison..."; Therefore, in the process of investigation, prosecution, hearing of a criminal case that has been accused as juveniles from the age of 14, enough to under 16 years when guilty, investigation, the Procurator or the courts need to check about the crime that juveniles were prosecuted , prosecution or trial, the Criminal Code of 1999 regulating the highest level of penalty is how many years in prison; If the criminal of 1999 regulating the highest level of penalty that is 7 years imprisonment, then suspended the investigation of the case or to suspend the case.
5. The suspension of the investigation of the case, the suspension of the case with respect to the cases referred to in section 3 and section 4 of this circular shall be as follows: a. If the case is under investigation, the investigating authorities apply the point c (or d) category 3 resolution No. 32 of the Congress Section 3, resolution No. 229 of the Standing Committee of the National Assembly and art. 139 Articles criminal law the decision to suspend the investigation of the case;
b. If the case file has been transferred to the Prosecutor to decide whether to institute prosecution, Procurator applied c (or d) category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly and paragraph 1 Article 143 b criminal law the decision to suspend the case;
c. If the case is under trial at first instance, the need to distinguish as follows:-in case the Procuracy had to withdraw the dispatch records to additional investigation to clarify the criminal liability of the accused which the Court deems are based, the Court applied the point b item 2 Article 151 criminal law decisions pay records for Procurator; If through additional investigation find still in one of the cases referred to in items 3 and 4 of this circular, the Procuracy applies the point c (or d) category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly and article 143 b criminal law the decision to suspend the case and notify the Court of know as specified in paragraph 2 Article 154 criminal code;
-In case the Procuracy has The writer (or decide) to withdraw the prosecution decisions and recommendations the Court suspended the case, the judge was assigned to do the presiding trial that case applied the point c (or d) category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly and article 156 of the Penal Code criminal proceedings the decision to suspend the case;
-In case the procuracy remains the decision of prosecution, the judge was assigned to do preside the trial (if within the time limit for pretrial preparation) or the Board of review (if at the trial of first instance) apply c category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly and point 2 Article 89 criminal law the decision to suspend the case (for the case to be referred to in item 3 of this circular) or apply a d category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly, point 3 and article 89 Article 155 The criminal law the decision to suspend the case (for the cases stated in section 4 of this circular);
d. If the case is under appeal, the Court of appeal to trial and customize each case deciding to suspend the case are as follows:-for the case to be referred to in Item 3 of this circular, then the trial application of points c category 3 resolution No. 32 of the Congress Section 3, resolution No. 229 of the Standing Committee of the National Assembly, point 2 Article 89 and article 223 the code of criminal procedure the decision to cancel the judgment of first instance, the accused is not subject to criminal liability and to suspend the case.
-For cases outlined in section 4 of this circular, then the trial applies a d category 3 resolution No. 32 of the National Assembly, section 3 resolution No. 229 of the Standing Committee of the National Assembly, point 3 and article 89 Article 223 the code of criminal procedure the decision to cancel the judgment of the first instance and to suspend the case.

sync notes that the suspension of the investigation of the case, to suspend the case be directed at points a, b, c and d of this section was only suspended for the case to be referred to in items 3 and 4 of this circular penal terms, while other issues such as the responsibility of compensation for damage handling physical evidence ... (including the processing of disciplinary, administrative) and the save the criminal liability for the other defendants in the case (if any), shall still be addressed under the General procedure.
6. The remission of penalty provisions in section 4 of resolution No. 229 of the commissions of the National Assembly are conducted according to the following steps: a. the Agency was given authority to recommend as specified in Item 4 of resolution No. 229 of the National Committee is responsible for reviewing the objects in an exempt penalty and made a list. This list should specify the recommended name, free of penalty; day, month, year of birth and place of residence, their charges and the level of penalties has been the courts sanction according to the judgment of ..., days, months, years. This list is attached to a copy of the verdict, the decision of the Court has legal effect for each specific audience. This list and the copy of the verdict, the decision of the Court was in effect the law be sent attach the proposal to the Chief Justice's courts are competent to make decisions free of penalty prescribed in section 4 of resolution No. 229 of the Standing Committee of the National Assembly;
b. the Chief Justice's courts have jurisdiction in a decision dismissing the criminal review and if the document has a clear full, then customize each case applied the corresponding point Category 4 resolution No. 229 of the commissions of the National Assembly a decision free of penalty for the object are suggested; If there's not enough material or matter unclear then ask the Agency was given the authority to recommend the offer document or clarification;
c. a copy of the decision to exempt penalty added for litigants, the Agency proposed long penalty, the related agencies to enforce and the Procuratorate at the same level;
d. Note that points c category 3 resolution No. 32 of the Congress of the exemption regulations only penalty (both major penalties and additional penalty), also with regard to other issues for them, such as liability in damages, return of property, handling physical evidence ...., then they still have to enforce;
sync notes is exempt from penalty according to the steps above are only to be conducted for the person convicted before the date of publication of the 1999 Criminal Code (4-1-2000). With respect to the subjects listed in items 3 and 4 of this circular that convicted since the 4-1-2000, then do not make long penalty against them which must consider the judgment, the decision has force of law against them under the procedure of Cassation.
7. In the case of a person convicted of crimes (in the same judgment or in many judgments), in which the guilty that the Criminal Code of 1999 no further crime is defined, then the long penalty for this offense is made as follows: a. If person convicted not penalty or penalty but time has penalty not exceeding the penalty which the Court has sanctioned for the crimes for which the criminal code in 1999 still rules are criminals, they are exempt from the entire Executive punishment for the crime for which the Criminal Code of 1999 does not make a crime anymore.
Example 1: Nair A courts sanction 2 years in prison on charges of "unauthorized absence" and 3 years in prison on charges of "loss of warfare", combined forced the defendants to the General penalty is of 5 years in prison; If Mr. A not yet accept the criminal penalty or are in prison, but the penalty time in prison than the three years, the Nair A whole Executive exemption 2 year imprisonment penalty for the crime of "unauthorized absence";
b. If the person sentenced has partially accepted the punishment or penalty, but dang time penalty exceeds the punishment that the Court has sanctioned for the crimes for which the criminal code in 1999 still rules are criminals, they are free of the remaining penalty section Executive.
Example 2: If in example 1 above of this Item, A prison penalty was three years too, the Nair A Executive exempt part penalty left.
8. When to suspend the investigation of the case, the suspension of the case as well as free of penalty, then the agency decision on suspension or remission of penalty decisions need to explain to people is to suspend the investigation of the case, the suspension of the case or be exempt from criminal known to the suspension or remission of penalty is due to a new criminal policy of humanitarian Our State, not about oan wrong by the agency conducting the proceedings cause; Therefore, they do not have the right to request compensation for damages under the provisions of article 624 of civil law.
9. In the case of agencies, organizations, as well as convicted persons themselves suggest the penalty exemption as defined in section 4 of resolution No. 229 of the National Assembly Committee, the public security organs, procuratorate, Court, justice should guide them to do the same and the application a copy of the judgment the decision of the Court was in effect the law delivered to the Agency was given the authority to recommend as specified in Item 4 of resolution No. 229 of the Standing Committee of the National Assembly to proceed the long penalty according to the instructions in section 6 of this circular.
10. With respect to the subjects listed in items 3 and 4 of this circular as well as the objects in an Executive exemption to sanctions prescribed in item 4 of resolution No. 229 of the commissions of the National Assembly that are wanted, then the agency decision to suspend the investigation of the case. , to suspend the case or free of penalty at the same time must notify the Agency has decision making (or command) wanted to know to the Agency now decided (or command) family, if they are not wanted on other offences.
11. This circular is effective from June 27, 2000 and replaced the previous text of the Supreme People's Court, the Supreme People's Procuracy guidance for implementing section 3 resolution No. 32 of the Congress.
In the process, if there is anything stuck or not yet instructions, need to explain or additional instructions, then the proposal reflects to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, Ministry of public security to have the explanation or additional instructions promptly.