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On 29 June 2016, the
National Assembly has issued Decision No. 144/2016/QH13 on Postponement of the Penal
Code 100/2013/QH13, the Penal Procedure Code No. 101/2015/QH13, the Law on
Temporary Detention and Custody 2015 and the Law on organization of Criminal
Investigation Bodies due to detection of 90 contents with "errors" in
the new Penal Code. The error contents are mainly related to providing the same
quantitative in different sentence of brackets of several crimes. Specifically:
1. Adding
the project of the Law on amendment, supplement of the Penal Code No.
100/2015/QH13 into the laws, ordinances construction 2016 program and
submitting to the National Assembly XIV at the 2nd meeting.
2. Postponing
the Penal
Code 100/2013/QH13, the Penal Procedure Code No. 101/2015/QH13, the Law on
Temporary Detention and Custody 2015 and the Law on organization of Criminal
Investigation Bodies
until the enforcement date of the Law on amendment, supplement of the Penal
Code No. 100/2015/QH13, except for the item a, b of section 4 below.
3. The
Penal Code No. 15/1999/QH10 (being amended and supplemented under the Law No. 37/2009/QH12);
the Penal Procedure Code No. 19/2003/QH11; Ordinance on Organization of
Criminal Investigations No. 23/2004/PL-UBTVQH11 (being amended, supplemented by
Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12); Decree
No. 89/1998/ND-CP promulgating Regulations on temporary detention and custody (being
amended, supplemented under Decree No. 98/2002/ND-CP and Decree No. 09/2011/ND-CP
of the Government) will remain enforce until the enforcement date of the Law on
amendment, supplement of the Penal Code No. 100/2015/QH13.
4. From
01 July 2016:
a. Implementing
the regulations that are more favorable to the criminals included in Article
7.3 of the Penal Code No. 100/2015/QH13 and item b of Article 1.1 of the
Decision No. 109/2015/QH13 on the implementation of the Penal Code; Article 2.1
and other regulations that are favorable to criminals of the Decision No. 109/2015/QH13
will be applied;
b. Applying
regulations of the Penal Procedure Code No. 101/2015/QH13 in order to implement
the regulations that are favorable to the criminals under the Penal Code No. 100/2015/QH13
and Decision No. 2015/QH13 mentioned in item a above;
c. Other
regulations provided in Decision No. 109/2015/QH13 on implementation of the
Penal Code and in Decision No. 110/2015/QH13 on implementation of the Penal
Procedure Code mentioning the date of “01July 2016” will be postpone to “the
enforcement date of the Law on amendment, supplement of the Penal Code No.
100/2015/QH13”.
The Criminal (Penal) Code No. 100/2015/QH13 was passed by the National Assembly XIII on November 27, 2015 including 26 chapters with 426 articles with new fundament points: additional provisions on criminal liability of legal persons for offenses of commercial economy, environment sectors; improvement of policies dealing with people under 18 years of age; replacing the crime of intentionally acting against the State’s regulations on economic management causing serious consequences by 9 specific crimes in the field of economic management; making into domestic law the relevant provisions of international treaties to which Vietnam is a member, contribute to strengthening international cooperation in the fight against crime.