Article 26. Punishment concept
Penalty is the most severe coercive measure of the State aimed at stripping or limiting the rights and interests of the offenders.
The penalties are regulated in the Penal Code and decided by the Court.
Article 27. Purpose of punishment
Punishment is not only aimed at punishing offenders but also educating them to become useful people to society, consciously obeying the laws and rules of socialist life, preventing them from committing new crimes. The penalty is also aimed at educating others to respect the law, to fight to prevent and fight crime.
Article 28. Penalties
Penalties include primary and additional.
1. The main penalties include:
a) Warnings;
b) Fine;
c) Non-custodial reform;
d) Expulsion;
e) Termed imprisonment;
e) Life imprisonment;
g) Death penalty.
2. Additional penalties include:
a) Ban from holding certain posts, practicing certain occupations or doing certain jobs;
b) Ban from residence;
c) Probation;
d) Deprivation of some civic rights;
dd) Confiscation of property;
f) Impose fines, when not applied as a principal penalty;
g) Expulsion, when not applied as a principal penalty.
3. For each crime, offenders are subject to only one main penalty and one or more additional penalties may be imposed.
Article 29. Warnings
Warnings are applied to offenders with less seriousness and extenuating circumstances, but not to the extent of a penalty exemption.
Article 30. Fine
1. Fine is applied as a principal penalty to a person committing less serious offenses violating the economic management order, public order, administrative order and a number of other crimes as defined by this Code. concentration.
2. Fine is applied as an additional penalty to persons committing corruption, drug-related crimes or other crimes prescribed by this Code.
3. The fine level is determined according to the nature and severity of the committed crime, taking into account the situation of the offender’s property and the price fluctuation, but must not be less than one. million dong.
4. The fine may be paid once or in many times within a time limit decided by the court in the judgment.
Article 31. Non-custodial reform
1. Non-custodial reform is applicable for between six months and three years for people committing less serious or serious offenses prescribed by this Code who have a stable workplace or have a clear permanent residence. , if deeming it unnecessary to isolate the offender from the society.
If the convicted person has been held in custody or temporary detention, the period of custody or temporary detention shall be deducted from the period of serving the penalty of non-custodial reform, one day of custody and / or detention equals three days of non-custodial reform. Hold.
2. The Court assigns the person fined for non-custodial reform to the agency or organization where that person works or to the local administration where such person permanently resides for supervision and education. The convicted person’s family has the responsibility to coordinate with local authorities, organizations and authorities in supervising and educating that person.
3. The convicts must fulfill a number of obligations under the regulations on non-custodial reform and have a portion of their income from 5% to 20% deducted to supplement the state fund. In special cases, the Court may waive the income withholding, but must clearly state the reasons in the judgment.
Article 32. Expulsion
Expulsion means forcing a convicted foreigner to leave the territory of the Socialist Republic of Vietnam.
Expulsion is applied by courts either as a principal penalty or an additional penalty in each specific case.
Article 33. Term imprisonment
Term imprisonment means forcing a convicted person to serve a prison sentence for a certain period of time. Term imprisonment for a person committing a crime has a minimum of three months and a maximum of twenty years.
The time spent in custody or temporary detention is subtracted from the time limit for serving the imprisonment penalty, with one day of custody and / or detention being equal to one day in prison.
Article 34. Life imprisonment
Life imprisonment is an indefinite imprisonment that is imposed on persons committing particularly serious offenders, but not to the extent of being sentenced to death.
Life imprisonment does not apply to juvenile offenders.
Article 35. Death penalty
The death penalty is a special punishment that applies only to people committing particularly serious offenses.
The death penalty does not apply to juvenile offenders, pregnant women or nursing children under 36 months of age when committing the crime or being tried.
Do not execute the death penalty for pregnant women or women nursing children under 36 months old. In this case the death penalty translates into life imprisonment.
In cases where the person sentenced to death receives a concession, the death penalty becomes life prison.
Article 36. Prohibiting from holding certain posts, practicing certain occupations or doing certain jobs
Prohibition from holding certain posts, practicing certain occupations or doing certain jobs is applicable when it is found that if the convicted person is allowed to assume the position, practice or do such work, it may cause harm to society.
The prohibition period is from one year to five years from the date the imprisonment penalty is completely served or from the date the judgment takes legal effect if the main penalty is warning, fine, non-custodial reform or in case of Convicted people enjoy a suspended sentence.
Article 37. Prohibition of residence
Prohibition of residence is forcing a person sentenced to imprisonment not to temporarily and permanently reside in certain localities.
The residence ban period is from one year to five years from the date the imprisonment penalty is completely served.
Article 38. Probation
Probation is to force a person sentenced to imprisonment to live, live and re-educate in a certain locality, under the control and education of the local government and people. During the probation period, the convicted person is not allowed to leave his / her residence, be deprived of certain citizenship rights under Article 39 of this Code and prohibited from practicing or doing certain jobs.
Probation is applied to offenders violating national security, dangerous recidivists or in other cases prescribed by this Code.
The probation period is from one year to five years from the date the imprisonment penalty is completed.
Article 39. Deprivation of some civic rights
1. Vietnamese citizens who are sentenced to imprisonment for crimes of infringing upon national security or other crimes in the cases prescribed by this Code shall be deprived of one or some of the following civic rights:
a) The right to stand for election, the right to vote for deputies of state power agencies;
b) The right to work in state agencies and the right to serve in the people’s armed forces.
2. The time limit for deprivation of a number of civil rights is from one year to five years from the date the imprisonment penalty is completely served or from the date the judgment takes legal effect in the case the convicted person enjoys a suspended sentence.
Article 40. Confiscation of property
Confiscation of property means the deprivation of part or all of the convicts’ ownership of property to state funds. Property confiscation applies only to persons convicted of serious crimes, very serious crimes or particularly serious crimes in the cases prescribed by this Code.
All property is still confiscated to allow the convicts and their families to live.