CIRCULAR of the SUPREME PEOPLE'S COURT and the SUPREME PEOPLE'S PROCURATORATE No. 02/TT-LN on December 20, 1991 on the IMPLEMENTATION of SOME PROVISIONS of the LAW on AMENDMENTS and supplements to SOME ARTICLES of the CRIMINAL CODE To apply uniform rules of Law Amendment , the addition of some articles of the criminal code be passed Congress on August 12, 1991. After you have exchanged opinions with the Interior Ministry, the Supreme People's Court and the Supreme People's Procuracy of unification guidelines a score as follows: 1. The law on amending and supplementing a number of articles of the criminal code was passed by Congress on August 12, 1991 and was the State Council announced on 16/8/1991 , for the regulation of this law should be applicable to all offences to be made from the day 16/8/1991 onwards.
2. the term "Regulation prohibits as from 2 years to 5 years from the day the accomplished Executive imprisonment sentence or since the date of the judgment in force the law if the main penalty is the other or in the case of the convicted are entitled to probation" according to the new paragraph 2 of article 28 of the Penal Code and rules "of time deprived some citizens is one year imprisonment to 5 years Since the day the accomplished Executive imprisonment sentence or is from the date of the judgment in force the law if the main penalty is the other or in the case of the convicted are entitled to probation "according to the new paragraph 2 of article 31 of the Penal Code is not the rules of" A new crime or a more severe penalty "as specified in item 2 article 7 Criminal Code , should still be applicable to the offence has been made before on 16/8/1991, but following on 16/8/1991 trial of first instance. However, the new regulation has more strict rules, so in those cases the case was the trial of first instance before the 16/8/1991 that following on 16/8/1991 new appellate, cassation or first instance again, then the appellate, cassation or first instance did not apply the new provisions of article 28 and paragraph 2 of article 31 of the The criminal "3. According to item 2 article 7 of the Penal Code, "the law stipulates a new crime or a heavier penalty does not apply if the offence was made before the law was enacted," so, if the offence has been made before on 16/8/1991, then the trial of the first instance , appellate or Cassation following on 16/8/1991 still apply the old provisions of the criminal code, not to apply the provisions of article 2 of the law on amendments and supplements to some articles of the criminal code with provisions for new offences or penalties, namely : a. Not apply framing details rules on sentencing "offenders in special cases severe" penalty and in paragraph 3 of the Article 88, 158, 201 and clause 2 of Article 220, 221 of the criminal code was amended, additional, i.e. If the offence has been made before on 16/8/1991 in the case of particularly severe , then the offender is also only sanctioned respectively according to clause 2 of the Article 88, 158, 201, and according to clause 1 of Article 220, 221 of the Penal Code when it has not been modified and supplemented.
b. do not apply the new rules "in Article 96a or in Article 97 in the case of the main punishment is not fine, you can be fined up to ten times the illegal goods worth" in paragraph 2 paragraph 3 in Article 100, which applies only to the old rules, meant for Article 96a to apply additional penalties are fines in all cases but with 97, in case sentenced to prison may be fined according to the levels specified in it.
c. do not apply regulations on details framing the penalty "in other serious cases" in paragraph 2 of the new paragraph 1 to article 103. For this offence in "serious cases", the offender also sanctioned only under paragraph 1 clause 1 Article 103 of the Penal Code.
d. do not apply the death penalty for the crime of "fraudulent appropriation of Socialist property" (article 134) and "receive a bribe" (article 226) Although guilty of particularly severe cases.
preferred not to apply penalties "life imprisonment" for the crime of "abuse of confidence appropriating Socialist properties" (article 135) Although guilty of particularly severe cases.
e. not dụnng the new rules about penalty in the 1, 2, 3 Article 157, which depending on the particular case applied the old regulations respectively on the penalty in the 1, 2, 3 Article 157.
g. do not apply the new rules "have been convicted but not yet clear on one of the offences specified in articles 166, 167, 97, 96a, 169, 173 and 183 that also violate" in paragraph 1 to article 168, meaning people would in this case that the business does not have a license or not true to the content license that has no administrative processing and prosecution treat.
h. not applicable new laws 205a on charges of "abusing democratic freedoms infringe the interests of the State, of society or organization of citizens", which only applied item 2 Article 124 old offence "violated the right to freedom of Assembly, Association, belief of citizens" for the acts of abusing democratic freedoms have say trespassed on the benefits of The State, of society or organization of the citizens.

i. do not apply the new rules "article 96a, paragraph 2 and 3 (offences of production, storage, sale and transport of illegal narcotics)" in paragraph 2 clause 1 Article 246 on charges of "concealing the crime" and paragraph 2 clause 1 Article 147 on charges of "Not responsible" crime, namely not being prosecuted , judging the Act of hiding or not denounces the crime of the production, Stockpiling, sale and transport of illegal narcotics in the clause 2, 3 Article 96a.
4. With regard to the other provisions of the law on amendments and supplements to some articles of the Penal Code was passed by Congress on 12/8/1991 not stated in item 2, 3 of this circular, shall be applicable to all offences to be made before January 16/8/1991.
5. a new paragraph 3 to article 42 of the Penal Code stipulates: "in the case of a person who must approve many of the judgment has the effect of law that the punishment of the judgment has not yet been synthesized according to the provisions in clause 1 and clause 2 of this Article, the Court shall decide the sum of penalty judgment. General penalty not exceeding the highest level that the law stipulated for this type of punishment has taken ". The aggregate penalty of much of the judgment has the effect of law under paragraph 3 of article 42 of the new criminal code are as follows: a. In the case where the judgment has the effect of law are of the same court as the Chief Justice of that court decision combined.
b. in case the judgment has the effect of law is different but the courts of the same level (the same level of the district in a province or another province, the same area at the same level, the provincial level, the same level of military region), then the Chief Justice of the Court of final judgments (about the time) general decision of punishment , namely: If the judgment has the effect of law is of different District Court (in the same province or the other provinces), the Chief Justice of the District Court judgment was ultimately the decision combined; If the judgment has the effect of law is of the military courts in different areas (in the same district or other military districts), then Chief Justice of military court issued the sentence area eventually decided to combined; If the judgment has the effect of law are of the provincial court (or your math is the level of military region), then the Chief Justice of the provincial court to nullify (or Chief Justice of military court granted the military districts) judgment after decision combined.
c. in case the judgment has the effect of law is to nullify the convictions of the same level, then the Chief Justice of the High Court over the decision combined, do not depend on the judgement of the higher court had before or after.
d. in the case of judgments have in effect laws that judgments of courts, have the verdict of the military court, the General penalty also made similar instructions in points b and c above, namely: If the judgment had the effect of the law is that of the Court of the district and the regional military court or that of the Court of the province and of the military courts, the military region level the Chief Justice the Court issued final judgment decision combined decision-making; If the judgment has the effect of law is of the different courts and other levels, then the Chief Justice of the High Court over the decision combined, do not depend on the judgement of the higher court had before or after (for example, there is the judgment of the District Court of human , there is judgment of the Court of military zone, then the Chief Justice of the Court of military zone General penalty decision, does not depend on the judgment of the Court of military zone there before or after the judgments of the courts of the district).
timer in case the judgment has the effect of law there is the judgment of the foreign courts were courts of Vietnam, there is the judgment of the Court of Vietnam, then Chief Justice of the Supreme People's Court decision combined.
6. When considering the combined of the judgment has the effect of law, noted a number of instances of the following: a. in the spirit of article 44 of the Penal Code, the probation is free of penalty of jail conditions. Therefore, not combined for one more offence and was convicted under the different judgments, if such person:-has been fine in prison but are entitled to probation;
-Is subject to imprisonment, but according to this judgment shall be entitled to probation and the other judgement as not being entitled to probation;
-Penalty in prison, but probation is entitled under this judgment about the penalty with another penalty is not in prison under a different judgment.
For people sentenced in one of the cases above, if during the time trials at the discretion of judgment that people enjoy the new offender probation due to inadvertence on penalty of jail or new offences due to deliberate the Court decision forced the penalty of that judgment and synthesis with the penalty of a new project as specified in clause 2 Article 42. In this case, if the accused did suffered imprisonment under a different verdict, the Court also sum up the punishment of judgement according to common rules.

b. If the person was entitled to probation in time challenge new crimes again due to inadvertence and penalty of jail or new crimes by knowingly or in case of imprisonment was that new offences and fined in prison, but probation is entitled, the Court is not combined, which should send the case file about the new crimes to the court competent to consider under the procedure of Cassation.
7. When combined to other types of supplements the judgment has the effect of law need as defined in point 2 Article 43: "for additional punishment, the Court decided a common punishment in law regulations limit each type of punishment", meaning that when the additional penalty types of judgment, then customize each specific case that an additional penalty decisions for the judgment. For example, A person convicted, according to the first sentence must bear the additional punishment is prohibited under the residence and the second sentence is prohibited practice...; When combined to other types of supplements of this sentence two, then customize each specific case that forced the decision condemned to suffer one of two types of additional punishment is banned or forbidden to do residency ...
8. Article 88 of the old crime organizations: forced others fled abroad or stay overseas illegally have two account with two penalty, has been modified into three terms with three penalty as follows:-paragraph 1: imprisonment from two years to seven years.
-Item 2: imprisonment from five years to ten two five-paragraph 3: imprisonment from ten years to twenty years or life imprisonment.
201 old thing about the crime of harbouring or consume the property by another crime which have also only 2 terms with the penalty, also was changed to three with three penalty as follows:-paragraph 1: a fine improvement, not confined to two years or imprisonment for three months to three years;
-Item 2: imprisonment from two years to seven years-paragraph 3: imprisonment from five to fifteen years.
Because the highest level of penalty under paragraph 1 to article 88 is seven years (compared to twelve years according to paragraph 1 Article 88) and the highest level of penalty under item 2 Article 201 is seven years (compared to twelve years under item 2 201 old Thing), so the criminal case in paragraph 1 to article 88 and in item 2 Article 201 new jurisdiction Judging by the District Court.
However, for the case of the criminal case in paragraph 1 to article 88 and in item 2 Article 201 new, if the Court was accepting or provincial procuratorate had decided to prosecute in the Court of the province, the Court granted the Department continues to resolve the case or a case to solve problems without putting the case for The Court of the district.