THE LAW
Amending and supplementing a number of articles of the Penal Code
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001 / QH10;
The National Assembly promulgates the Law amending and supplementing a number of articles of the Penal Code No. 15/1999 / QH10.
Article 1
To amend, supplement and annul a number of articles of the Penal Code:
1. To abolish the death penalty in Articles 111, 139, 153, 180, 197, 221, 289 and 334.
To amend the phrase “twenty years, life imprisonment or death sentence” to “twenty years or life imprisonment” in Clause 3 of Article 111, Clause 4 of Article 139, Clause 4 of Article 153, Clause 3 of Article 180, Clause 4 Article 197, Clause 3 Article 221, Clause 4 Article 289 and Clause 4 Article 334.
2. Amend the minimum quantity for criminal prosecution specified in Clause 1 of a number of articles as follows:
a) To amend the phrase “five hundred thousand dong” into the phrase “two million dong” in Clause 1 of articles 137, 138, 139, 143, 278, 279, 280, 283, 289, 290 and 291;
b) To amend the phrase “one million dong” into the phrase “four million dong” in Clause 1 and remove the word “above” at Point d, Clause 2, Article 140;
c) To amend the phrase “five million dong” into the phrase “ten million dong” in Clause 1 of Article 141.
3. Clause 5 Article 69 is amended and supplemented as follows:
“5. No life imprisonment or capital punishment for juveniles offenders
When applying the penalty to juvenile offenders, the application of the imprisonment penalty should be limited. When sanctioning a term of imprisonment, the Court for juvenile offenders is entitled to a sentence less than that applicable to the juvenile offender.
The fine does not apply to juvenile offenders aged between full 14 years and under 16 years old.
There is no additional penalty for juvenile offenders. “
4. The name of Article 84 is amended as follows:
“Article 84. Crime of terrorism” was changed to “Article 84. Crime of terror against the people’s administration”.
5. Article 119 is amended and supplemented as follows:
“Article 119. Crime of trafficking in people
1. Those who buy and sell people shall be sentenced to between two and seven years of imprisonment.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twenty years of imprisonment:
a) For the purpose of prostitution;
b) In an organized manner;
c) Being of professional character;
d) To take part of the victim’s body;
dd) For sending abroad;
e) Against many people;
g) Committing the crime more than once.
3. The offender may also be subject to a fine of between five million and fifty million dong, probation or residence ban for between one and five years. ”
6. Clause 2 Article 120 is amended and supplemented as follows:
“2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment:
a) In an organized manner;
b) Being of professional character;
c) For despicable motives;
d) Against many children;
e) To take the victim’s body part;
e) For sending abroad;
g) For use for inhumane purposes;
h) For use for prostitution purposes;
i) Dangerous recidivism;
k) Causing serious consequences. “
7. Clause 1 of Article 160 is amended and supplemented as follows:
“first. Those who take advantage of scarcity or create artificial scarcity in natural disasters, epidemics, wars or economic difficulties, buy goods in large quantities to sell for illegal profits and causing serious consequences, the offenders shall be subject to a fine of between twenty million dong and two hundred million dong or a prison term of between six months and five years. “
8. Article 161 is amended and supplemented as follows:
“Article 161. Crime of tax evasion
1. Those who evade tax with an amount of between one hundred million dong and under three hundred million dong or under one hundred million dong, but have been administratively sanctioned for their tax evasion or have been convicted of this crime or the crimes specified in Articles 153, 154, 155, 156, 157, 158, 159, 160, 164, 193, 194, 195, 196, 230, 232, 233, 236 and 238 of this Code, have not been deleted If they still commit criminal convictions, they shall be subject to a fine of between once and five times the amount of tax evasion or non-custodial reform for up to two years.
2. Committing the crime of tax evasion with an amount of between three hundred million dong and under six hundred million dong or re-committing this crime, the offender shall be subject to a fine of between once and five times the amount of tax evasion or a prison term of between six months and three years. .
3. Committing the crime of tax evasion with an amount of six hundred million dong or more or in other particularly serious cases, the offenders shall be sentenced to between two and seven years of imprisonment.
4. Offenders can also be fined one to three times the amount of tax evasion. ”
9. Article 164a is added as follows:
“Article 164a. Crime of illegally printing, distributing, buying and selling invoices and receipts to the State budget
1. Anyone who illegally prints, issues, or sells and sells invoices or receipts to the State budget in large quantity or has been administratively sanctioned for this act or has not been convicted of this crime. if the criminal record is deleted but still committing the violation, the offender shall be subject to a fine of between fifty million dong and two hundred million dong, non-custodial reform for up to three years or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:
a) In an organized manner;
b) Being of professional character;
c) Abusing positions and powers;
d) Invoices and vouchers are in very great or particularly large quantity;
e) Gaining great illicit profits;
e) Dangerous recidivism;
g) Causing serious consequences.
3. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
10. To add Article 164b as follows:
“Article 164b. Crime of breaching regulations on preservation and management of invoices and receipts for payment to state budget
1. Those who have the responsibility to preserve and manage invoices and receipts of the State budget collection and remittance violate the State’s regulations on preservation and management of State budget invoices and receipts, causing consequences. If the offense has been serious or has been administratively sanctioned or disciplined for this act or has been convicted of this crime, the criminal record has not been erased but the violation is still committed, a fine of between ten million dong and one hundred million dong shall be imposed. copper, non-custodial reform for up to two years or a prison term of between three months and two years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Causing very serious or particularly serious consequences.
3. Offenders may also be barred from holding certain posts or doing certain jobs for one to five years. ”
11. To add Article 170a as follows:
“Article 170a. Crime of infringing upon copyrights and related rights
1. Any person, without permission of the copyright holder or related right holder, performs one of the following acts infringing upon copyright or related rights protected in Vietnam on a commercial scale, a fine of between fifty million dong and five hundred million dong or non-custodial reform for up to two years:
a) Copying works, phonograms, video recordings;
b) Distributing to the public copies of works, phonograms or video recordings.
2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between four hundred million dong and one billion dong or a prison term of between six months and three years:
a) In an organized manner;
b) Committing the crime more than once.
3. The offender may also be subject to a fine of between twenty million dong and two hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
12. Article 171 is amended and supplemented as follows:
“Article 171. Crime of infringing upon industrial property rights
1. Anyone who intentionally infringes industrial property rights to a protected mark or geographical indication in Vietnam on a commercial scale shall be subject to a fine of between fifty million dong and five hundred million dong or non-custodial reform for up to two years.
2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between four hundred million dong and one billion dong or a prison term of between six months and three years:
a) In an organized manner;
b) Committing the crime more than once.
3. The offender may also be subject to a fine of between twenty million dong and two hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
13. Article 174 is amended and supplemented as follows:
“Article 174. Crime of breaching regulations on land management
1. A person who abuses or abuses his position and powers to assign, recover, lease, or permit the transfer of the right to use, or permit the change of, the purpose of land use illegally in one of the following cases, shall be sentenced to non-custodial reform for up to three years or a prison term of between six months and three years:
a) Having been disciplined for this act but still committing the violation;
b) Land is large in area or of great value;
c) Causing serious consequences.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Land is of very large area or of great value;
c) Causing very serious consequences.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:
a) Land is of particularly large area or of particularly great value;
b) Causing particularly serious consequences.
4. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
14. Article 181a is added as follows:
“Article 181a. Crime of intentionally disclosing false information or concealing the truth in securities activities
1. Anyone who intentionally discloses false information or conceals the truth relating to the offering, listing, trading, securities trading, market organization, registration, depository, clearing or the securities settlement causing serious consequences, shall be subject to a fine of between one hundred million dong and five hundred million dong, non-custodial reform for up to two years, or a prison term of between six months and two years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:
a) In an organized manner;
b) Gaining great illicit profits;
c) Causing very serious or particularly serious consequences;
d) Dangerous recidivism.
3. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
15. To add Article 181b as follows:
“Article 181b. Crime of using inside information to buy and sell securities
1. Anyone who knows information relating to a public company or a public fund that has not been disclosed that, if disclosed, could greatly affect the price of securities of such public company or public fund. For this information to buy or sell securities or to disclose, provide this information or advise others to buy and sell securities on the basis of such information, to gain great illicit profits, a fine of between one hundred million dong and five hundred million dong, non-custodial reform up to three years or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Gaining very great or particularly great illicit profits;
c) Causing serious consequences;
d) Dangerous recidivism.
3. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
16. Article 181c is added as follows:
“Article 181c. Crime of manipulating stock prices
1. Anyone who commits one of the following acts of securities price manipulation and causes serious consequences, shall be subject to a fine of between one hundred million dong and five hundred million dong, non-custodial reform for up to three years or a prison term from six months to three years:
a) Colluding in order to trade securities in order to create artificial supply and demand;
b) Trading securities by structuring, enticing others to continuously buy and sell.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Gaining great illicit profits;
c) Causing very serious or particularly serious consequences;
d) Dangerous recidivism.
3. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
17. Article 182 is amended and supplemented as follows:
“Article 182. Crime of causing environmental pollution
1. Those who discharge into the air, water sources or land pollutants, disperse radiation or radioactivity in excess of the national technical regulations on waste to a serious extent or pollute the environment. If they are seriously infected or cause other serious consequences, the offenders shall be subject to a fine of between fifty million dong and five hundred million dong, non-custodial reform for up to three years or a prison term of between six months and five years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
a) In an organized manner;
b) The environment is polluted particularly seriously or causes other very serious or particularly serious consequences.
3. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
18. To add Article 182a as follows:
“Article 182a. Crime of violating regulations on hazardous waste management
1. Those who violate the regulations on the management of hazardous wastes, causing serious environmental pollution or causing other serious consequences, if not falling into the cases specified in Article 182 of this Code, shall be imposed a fine from fifty million dong to five hundred million dong, a non-custodial reform fine of up to two years or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Causing very serious consequences;
c) Dangerous recidivism.
3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.
4. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
19. To add Article 182b as follows:
“Article 182b. Crime of breaching regulations on prevention of environmental incidents
1. Those who violate the regulations on prevention of environmental incidents so that environmental incidents occur or violate the regulations on response to environmental incidents, causing serious environmental pollution or other serious consequences, a fine of between fifty million dong and five hundred million dong, non-custodial reform for up to two years or a prison term of between six months and three years.
2. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between two and seven years of imprisonment.
3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.
4. The offender may also be subject to a fine of between ten million dong and one hundred fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
20. Article 185 is amended and supplemented as follows:
“Article 185. Crime of bringing waste into Vietnamese territory
1. Those who take advantage of the import of technology, machinery, equipment, scrap or chemicals or bio-preparations or by other tricks to bring into the Vietnamese territory hazardous wastes or other wastes in quantities If large or causing serious consequences, the offenders shall be subject to a fine of between two hundred million dong and one billion dong, non-custodial reform for up to three years, or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Hazardous wastes in a large quantity or other wastes in a very great or particularly large quantity;
c) Causing very serious consequences.
3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between five and ten years of imprisonment.
4. Offenders may also be subject to a fine of between one hundred million dong and five hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
21. Article 190 is amended and supplemented as follows:
“Article 190. Crime of breaching the regulations on the protection of animals on the list of endangered precious and rare species prioritized protection
1. Those who illegally hunt, kill, transport, raise, confine or trade in animals on the list of endangered precious and rare species prioritized for protection or illegally transporting or trading their body parts or For products of that animal species, the offenders shall be subject to a fine of between fifty million and five hundred million dong, non-custodial reform for up to three years or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Abusing positions and powers;
c) Using banned hunting tools or means;
d) Hunting in a no-hunting area or during a no-hunting period;
e) Causing very serious or particularly serious consequences.
3. The offender may also be subject to a fine of between ten million dong and one hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
22. Article 191 is amended and supplemented as follows:
“Article 191. Crime of violating the regulations on the management of natural reserves
1. Those who violate the regulations on the management of nature reserves and cause serious consequences, shall be subject to a fine of between fifty million dong and five hundred million dong, non-custodial reform for up to three years or a prison term. from six months to three years.
2. Committing the crime and causing serious consequences to the strictly protected subdivision, the offenders shall be sentenced to between two and five years of imprisonment.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
a) In an organized manner;
b) Using banned tools, means or measures;
c) Causing very serious or particularly serious consequences to strictly protected subdivisions.
4. The offender may also be subject to a fine of between ten million dong and one hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
23. Article 191a is added as follows:
“Article 191a. Importing and spreading invasive alien species
1. Those who intentionally import or distribute invasive alien species and cause serious consequences, shall be subject to a fine of between fifty million dong and five hundred million dong, non-custodial reform for up to three years or a prison term of between six months to five years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
a) In an organized manner;
b) Causing very serious or particularly serious consequences;
c) Dangerous recidivism.
3. The offender may also be subject to a fine of between ten million dong and one hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
24. Point b, Clause 2, Article 202 is amended and supplemented as follows:
“B) In the state of using alcohol or beer in which the alcohol content in blood or breath exceeds the prescribed level or using other strong stimulants banned by law;
25. Article 224 is amended and supplemented as follows:
“Article 224. Crime of spreading viruses, computer programs with features harmful to the operation of computer networks, telecommunications networks, Internet networks, digital equipment”
1. Anyone who intentionally spreads computer viruses or computer programs with features harmful to computer networks, telecommunications networks, Internet networks or digital equipment, causing serious consequences, shall be subject to a fine of between VND twenty million. up to two hundred million dong or a prison term of between one and five years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
a) In an organized manner;
b) Causing very serious consequences;
c) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:
a) For data systems belonging to state secrets; information systems serving national defense and security;
b) For the national information infrastructure; information system operating the national grid; financial and banking information system; traffic control information system;
c) Causing particularly serious consequences.
4. The offender may also be subject to a fine of between five million and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
26. Article 225 is amended and supplemented as follows:
“Article 225. Crime of obstructing or disrupting the operation of computer networks, telecommunications networks, Internet networks, digital equipment.
1. Anyone who commits one of the following acts, causing serious consequences, if not falling into the cases specified in Articles 224 and 226a of this Code, shall be subject to a fine of between twenty million dong and two hundred million dong or imprisonment of one to five years:
a) Deliberately deleting, damaging or altering software, digital device data;
b) Illegally preventing data transmission of computer networks, telecommunications networks, Internet networks or digital equipment;
c) Other acts of obstructing or disrupting the operation of computer networks, telecommunications networks, Internet networks or digital equipment.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
a) In an organized manner;
b) Abusing the right to administer computer networks, telecommunications networks, Internet networks;
c) Causing very serious consequences.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:
a) For data systems belonging to state secrets; information systems serving national defense and security;
b) For the national information infrastructure; information system operating the national grid; financial and banking information system; traffic control information system;
c) Causing particularly serious consequences.
4. The offender may also be subject to a fine of between five million and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
27. Article 226 is amended and supplemented as follows:
“Article 226. Crime of illegally posting or using information on computer networks, telecommunications networks, Internet networks.”
1. Those who commit one of the following acts infringing upon interests of agencies, organizations or individuals or infringe on social order and safety, causing serious consequences, shall be subject to a fine of between ten million dong. up to one hundred million dong, non-custodial reform for up to three years or a prison term of between six months and three years:
a) Uploading information in contravention of law provisions on computer networks, telecommunications networks or Internet, if not falling into the cases specified in Articles 88 and 253 of this Code;
b) Buying, selling, exchanging, donating, repairing, changing or publicizing legal private information of other agencies, organizations or individuals on computer networks, telecommunications networks or Internet without permission. permission of the owner of that information;
c) Other acts of illegally using information on computer networks, telecommunications networks or Internet.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Abusing the right to administer computer networks, telecommunications networks, Internet networks;
c) Gaining illicit profits from one hundred million dong or more;
d) Causing very serious or particularly serious consequences.
3. The offender may also be subject to a fine of between twenty million dong and two hundred million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
28. Article 226a is added as follows:
“Article 226a. Illegally accessing computer networks, telecommunications networks, Internet or digital equipment of other people
1. Anyone who intentionally bypasses warnings, access codes, firewalls, uses other people’s administrative rights or by other means illegally accesses computer networks, telecommunications networks, Internet networks or equipment. the number of another person taking control; interferes with the functioning of digital equipment; If stealing, modifying, destroying, falsifying data or using services illegally, the offender shall be subject to a fine of between twenty million dong and two hundred million dong or a prison term of between one and five years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
a) In an organized manner;
b) Abusing positions and powers;
c) Gaining great illicit profits;
d) Causing serious consequences;
dd) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between five and twelve years of imprisonment:
a) For data systems belonging to state secrets; information systems serving national defense and security;
b) For the national information infrastructure; information system operating the national grid; financial and banking information system; traffic control information system;
c) Gaining very great or particularly great illicit profits;
d) Causing very serious or particularly serious consequences.
4. The offender may also be subject to a fine of between five million and fifty million dong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years. ”
29. Article 226b is added as follows:
“Article 226b. Crime of using computer networks, telecommunications networks, Internet networks or digital devices to misappropriate property
1. Those who use computer networks, telecommunications networks, Internet networks or digital devices commit one of the following acts shall be subject to a fine of between ten million dong and one hundred million dong or a prison term of between one year and one. five years:
a) Using information about accounts, bank cards of agencies, organizations or individuals to misappropriate or counterfeit the bank cards in order to appropriate the cardholder’s property or pay for goods and services;
b) Illegally accessing the accounts of agencies, organizations or individuals in order to appropriate property;
c) Fraud in e-commerce, currency trading, raising credit capital, buying, selling and paying stocks online in order to appropriate property of agencies, organizations or individuals;
d) Other acts aimed at appropriating property of agencies, organizations or individuals.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
a) In an organized manner;
b) Committing the crime more than once;
c) Being of professional character;
d) Appropriating property valued between fifty million dong and under two hundred million dong;
e) Causing serious consequences;
e) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:
a) Appropriating property valued between two hundred million dong and under five hundred million dong;
b) Causing very serious consequences.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between twelve and twenty years of imprisonment or life imprisonment:
a) Appropriating property valued at five hundred million dong or more;
b) Causing particularly serious consequences.
5. Offenders may also be subject to a fine of between five million and one hundred million dong, confiscation of part or all of their property, a ban from holding certain posts, practicing certain occupations or doing certain jobs for up to one year five years. ”
30. To add Article 230a as follows:
“Article 230a. Terrorism
1. Those who aim to cause public panic and infringe on other people’s lives or destroy property of agencies, organizations or individuals shall be sentenced to between ten and twenty years of imprisonment, imprisonment. life imprisonment or capital punishment.
2. Committing the crime in cases of infringing upon bodily freedom or health or possessing or damaging property of agencies, organizations or individuals, the offenders shall be sentenced to between five and fifteen years of imprisonment.
3. Committing the crime in case of threatening to commit one of the acts specified in Clause 1 of this Article or committing other acts of emotional intimidation, the offenders shall be sentenced to between two and seven years of imprisonment.
4. Offenders may also be subject to probation, ban from residence for one to five years, and confiscate part or all of the property. “
31. To add Article 230b as follows:
“Article 230b. Crime of sponsoring terrorism
1. Those who mobilize and provide money and property in any form to terrorist organizations or individuals shall be sentenced to between five and ten years of imprisonment.
2. The offender may also be subject to probation, ban from residence for one to five years, and confiscate part or all of the property. ”
32. Article 248 is amended and supplemented as follows:
“Article 248. Crime of gambling
1. Anyone who gambles illegally in any form may lose money or in kind with a value of between two million dong and under fifty million dong or under two million dong but has been convicted of this crime or accusation As defined in Article 249 of this Code, if criminal records have not been erased but still commit violations, a fine of between five million and fifty million dong, non-custodial reform for up to three years or a prison term of between three months and three years .
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) Being of professional character;
b) Money or kind used in gambling with a value of fifty million dong or more;
c) Dangerous recidivism.
3. The offender may also be subject to a fine of between three million dong and thirty million dong. ”
33. Clause 1 of Article 249 is amended and supplemented as follows:
“first. Any person who organizes gambling or gambling on a large scale or has been administratively sanctioned for the acts specified in this Article and Article 248 of this Code or has not been convicted of any of these crimes. if the criminal record is deleted and still committing the violation, the offender shall be subject to a fine of between ten million dong and three hundred million dong or a prison term of between one and five years. ”
34. Article 251 is amended and supplemented as follows:
“Article 251. Crime of money laundering
1. Anyone who commits one of the following acts shall be sentenced to between one and five years of imprisonment:
a) Directly or indirectly participating in financial transactions, banking or other transactions related to money, assets that are known to be due to crime in order to conceal the illegal origin of such money or assets. ;
b) Using money or property known to be criminals in the conduct of business or other activities;
c) Conceal information about the origin, true nature, location, movement or ownership of money or property that is known to be a crime that has or hinders the verification of such information. ;
d) Committing one of the acts specified at Points a, b and c of this Clause with respect to money or property clearly known to be obtained from the transfer, transfer or conversion of money or assets due to the crime. have.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
a) In an organized manner;
b) Abusing positions and powers;
c) Committing the crime more than once;
d) Being of professional character;
e) Using sophisticated and cunning tricks;
f) The offending money and property are of great value;
g) Gaining great illicit profits;
h) Causing serious consequences;
i) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between eight and fifteen years of imprisonment:
a) The criminal money or property is of very great or particularly great value;
b) Gaining very great or particularly great illicit profits;
c) Causing very serious or particularly serious consequences.
4. Offenders may also be subject to confiscation of part or all of the property, a fine of up to three times the amount or value of the property involved in the crime, ban from holding certain posts, prohibiting practicing certain occupations or doing certain jobs from one year to five years. “
35. Article 274 is amended as follows:
“Article 274. Crime of illegal exit or entry; crime of illegally staying in Vietnam
Those who illegally leave or enter Vietnam or stay in Vietnam, have been administratively sanctioned for this act but still commit the violation, shall be subject to a fine of between five million and fifty million dong or a prison term of between three. months to two years. ”
36. Articles 131, 183, 184 and 199 are repealed.
Article 2
To amend and supplement a number of phrases in Clause 1, Article 313 as follows:
1. To amend the phrase “Article 119, Clause 2 (crime of trafficking in women)” into “Article 119, Clause 2 (trafficking in persons)”;
2. To add the phrase “Article 230a (crime of terrorism)” to the end of the phrase “Article 230 (the crime of illegally manufacturing, storing, transporting, using, trading in or misappropriating military weapons and means). military engineering) ”.
Article 3
1. This Law takes effect on January 1, 2010.
2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective tasks and powers, guide the implementation of this Law.
This Law was passed on June 19, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 5 session.