Basis of criminal liability

1. No one who commits a criminal offence that is not regulated by the Criminal Code has to incur criminal liability.

2. No corporate legal entity that commits a criminal offence that is not regulated in Article 76 hereof has to incur criminal liability.

Definition of crime

1. A crime means an act that is dangerous for society and defined in Criminal Code, is

committed by a person who has criminal capacity of corporate legal entity, whether deliberately

or involuntarily, infringes the sovereignty and territorial integrity of the nation, infringes the

political regime, economic regime, culture, national defense and security, social order and safety,

the lawful rights and interests of organizations, human rights, the lawful rights and interests of

citizens, other aspects of socialist law, and leads to criminal prosecution as prescribed by this

Code.

2. An act showing signs of a crime but not remarkably dangerous for society is not a crime and

shall be dealt with otherwise.

 Age of criminal responsibility

1. A person from 16 years of age and above shall bear criminal responsibility for every crime,

except for those otherwise prescribed by this Code.

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for

murder, deliberate infliction of bodily harm upon other people, raping, raping people under 16

years of age, sexual abuse of people from 13 to under 16 years of age, robbery, kidnapping for

ransom; very serious crimes, and extremely serious crimes defined in the following Articles:

a) Article 143 (Sexual abuse); Article 150 (Human trafficking); Article 151 (Trafficking of

people under 16 years of age);

b) Article 170 (Extortion); Article 171 (Snatching); Article 173 (Theft); Article 178 (Vandalism or deliberate destruction of property);

c) Article 248 (Illegal production of narcotic substances); Article 249 (Illegal storage of narcotic substances; Article 250 (Illegal trafficking of narcotic substance; Article 251 (Illegal trading of narcotic substances); Article 252 (Appropriation of narcotic substances);

d) Article 265 (Organization of illegal racing); Article 266 (Illegal racing);

dd) Article 285 (Producing, dealing in tools, equipment, software programs serving illegal purposes); Article 286 (Spreading software programs harmful to computer networks,

telecommunications network, or electronic devices); Article 287 (Obstruction or disruption of computer network, telecommunications network, or electronic devices); Article 289 (Illegal access to others' computer network, telecommunications network, or electronic devices); Article

290 (Appropriation of property by computer network, telecommunications network, or electronic devices);

e) Article 299 (Terrorism); Article 303 (Destruction of works, facilities, or vehicles important to national security); Article 304 (Illegal fabrication, storage, trafficking, use, trading, or appropriation of military weapons or military equipment)

…and see more detail at the criminal code of Vietnam