vietnam criminal code 2015
Criminal Code in Vietnam What Are Regulation for Automatic Conviction Expungement? January 27, 2022 January 26, September 15, 2022 July 4, 2015 by ANT Lawyers. Judicial record card in Vietnam Procedures to obtain judicial record card (criminal record/ police check) in Vietnam is regulated in the Law no. 28/2009/QH12 of National Assembly of
The Criminal Procedure Code 2015 takes effect from 01/01/2018 according to Resolution no. 41/2017/QH14. Download: Vietnamese: Link. English: Link
The right to copy criminal cases in Vietnam. According to Article 73 of the Criminal Procedure Code 2015, the rights and obligations of defense counsels are as follows: • To be present when taking statements from arrested or detained persons, when interrogating the accused, and if competent persons conducting testimonies or interrogation
Accordingly, the Amended 2015 Penal Code shall take effect on 1 January 2018. We set out notable amendments below: 1. Corporate liability shall be applicable for certain crimes. Commercial legal
According to Article 225 regarding crimes on copyright and related rights and Article 226 regarding crimes on industrial property rights of Criminal Code 2015 as amended and supplemented in 2017, it is the first time that CORPORATE ENTITIES have become a subject of crime under Vietnamese Criminal laws. Pursuant to Clause 4 Article 225 Criminal
Site De Rencontre Pour Celibataire Totalement Gratuit. Thu Hiền Resolution No. 41/2017/QH14 on implementation of the 2015 Criminal Code, effect of the 2015 Criminal Code, the 2015 Law on organization of criminal investigation authorities and the Law on temporary detention was ratified on June 20, 2017. According to the Resolution, the 2015 Criminal Code No. 100/2015/QH13, which is amended according to the Law No. 12/2017/QH14, will come into force as of January 01, 2018 and be applied as follows - All clauses applicable to charges, investigation, prosecution, trial and enforcement of judgments will be applied to criminals from 0000 on January 01, 2018; - In the cases where a crime is committed before 0000 of January 01, 2018 and discovered afterward or still undergoing investigation, prosecution or trial, or commutation or criminal record expungement is still under consideration afterwards + Regulations in the 2015 Criminal Code that are more advantageous to the criminal shall apply; + New crimes and regulations that are less advantageous to the criminal in the 2015 Criminal Code shall not apply. The Resolution No. 41/2017/QH14 will come into force as of January 01, 2017. >> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE
THE NATIONAL ASSEMBLY ——– SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— The Law No. 91/2015/QH13 Hanoi, November 24, 2015 CIVIL CODE Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates a Civil Code. PART ONE GENERAL PROVISIONS Chapter I GENERAL PROVISIONS Article 1. Scope The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person hereinafter referred to as persons regarding personal and property rights and obligations in relations established on the basis of equality, freedom of will, independence of property and self-responsibility hereinafter referred to as civil relations. Article 2. Recognition, respect, protection and guarantee of civil rights In the Socialist Republic of Vietnam, all civil rights are recognized, respected, protected and guaranteed under the Constitution and law. Civil rights may be limited as prescribed in law in exceptional circumstances that due to national defense and security, social safety and order, social ethics and the community’s health. Article 3. Basic principles of civil law Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights. Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements. Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities. Each person must establish, exercise/ fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill and honesty. The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights and interests of other persons. Each person shall be liable for his/her failure to fulfill or the incorrect fulfillment of any such civil obligations. Article 4. Application of the Civil Code This Law is a common law that applies to civil relations. Any relevant law that applies to civil relations in specific fields may not be contrary to the basic principle of civil law prescribed in Article 3 of this Law. If another relevant law has no regulation or has regulations that infringe Clause 2 of this Article, the regulations of this Law shall apply. In cases where an international agreement to which the Socialist Republic of Vietnam is a signatory contains provisions different from the provisions of this Code with regard to a same matter, the provisions of such agreement shall apply. Article 5. Application of practices Practices mean rules of conduct obvious to define rights and obligations of persons in specific civil relations, forming and repeating in a long time, recognized and applying generally in a region, race, or a community or a field of civil. In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but they must not contravene the principles provided for in Article 3 of this Code. Article 6. Application of analogy of law In cases where an issue rises under scope of civil law which it is neither provided for by law nor agreed upon by the parties nor, nor applied by practices, analogy of law shall apply. In cases where it is impossible to apply analogy of law as prescribed in Clause 1 of this Article, basic principles of civil law provided for in Article 3 of this Code, case law, and justice shall apply. Article 7. State policies on civil relations 1. The establishment, performance and termination of civil rights and obligations must ensure the preservation of national identities, respect and promote good customs, practices and traditions, solidarity, mutual affection and cooperation, the principle of every individual for the community Related Acticle Decree This Decree set forth foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam as required by the articles and clauses… Vietnam land law 2013 This Law prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land Vietnam labour code 2019 Vietnam labour code 2019 - The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees Vietnam Law on Administrative Procedure 2015 Vietnam Law on Administrative Procedure 2015 - The Law on Administrative Procedures prescribes fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons Legal News Legal Document Hanoi Head-office 3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam info Ho Chi Minh city office Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam hcm SPEAK TO OUR LEGAL CONSULTANTS English speaking +84 9 61 67 55 66 Zalo, Viber, Whatsapp Vietnamese speaking +84 9 33 11 33 66 Ha Zalo, Viber, Whatsapp Hanoi Head-office Add 3rd Floor, Hoang Ngan Plaza Building, 125 Hoang Ngan,Trung Hoa, Cau Giay84 24 66 64 06 06 Ext 21 – Fax 84 24 66 64 05 05Mobile 84 933 11 33 66Email hanoi Ho Chi Minh city office Add Room 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street,District 4, HCM, Viet NamPhone +84 28 36 36 29 65 – Fax +84 28 36 36 29 75Mobile +849 61 67 55 66Email hcm © 2007-2021 Viet An Law The leading consultancy law, intellectual property, investment, tax & accounting firm in Vietnam
On 21/12/1999 in Foreword Criminal law constitutes one of the sharp and effective instruments to prevent and combat crime, actively contributing to the defense of independence, sovereignty, unity and territorial integrity of the socialist Vietnamese Fatherland, the protection of the interests of the State as well as the legitimate rights and interests of citizens and organizations. It also contributes to the maintenance of social order and security and economic management order and provides security for all people to live in a safe, healthy and highly humane social and ecological environment. At the same time the criminal law actively contributes to doing away with elements which obstruct the process of renewal and national industrialization and modernization for a prosperous people, a strong country and an equitable and civilized society. This Penal Code has been made on the basis of inheriting and promoting the principles and institutions of Vietnam’s criminal legislation, particularly the 1985 Penal Code, as well as experiences drawn from the reality of the struggle to prevent and combat crimes over many decades of the process of national construction and defense. The Penal Code demonstrates the spirit of active prevention and resolute combat against crimes through penalties in order to deter, educate, convert and reform offenders into honest people; thereby to imbue every citizen with the spirit and sense of being masters of the society, the sense of law observance and active participation in crime prevention and combat. To strictly implement the Penal Code is the common task of all agencies, organizations and the entire population. The Penal Codes contains 24 Chapters and 344 Articles. The Chapters are the following Fundamental Provisions Effect of the Penal Code Crimes Statute of Limitation for Penal Liability Examination, Penal Liability Exemption Penalties Judicial Measures Deciding Penalties Statute of Limitation for Execution of Judgement, Exemption from the Penalty Execution, Reduction of Penalty Term Remission of Criminal Records Provisions Applicable to Juvenile Offenders Crimes of Infringing Upon National Security Crimes of Infringing Upon Human Life, Health, Dignity And Honor Crimes of Infringing Upon Citizens’ Democratic Freedoms Crimes of Infringing Upon Ownership Rights Crimes of Infringing Upon the Marriage And Family Regimes Crimes of Infringing Upon the Economic Management Order Environment-Related Crimes Narcotics-Related Crimes Crimes of Infringement Upon Public Safety, Public Order Crimes of Infringing Upon Administrative Management Order Crimes Related to Position Crimes of Infringing Upon Judicial Activities Crimes of Infringing Upon the Duties And Responsibilities of Army Personnel Crimes of Undermining Peace, Against Humanity and War Crimes VietNam-Penal Code-1999-eng full text in English, PDF VietNam-Penal Code-1999-fra full text in French, PDF
vietnam criminal code 2015
