Chapter XIII

CRIMES OF INFRINGING UPON CITIZENS’ DEMOCRATIC FREEDOMS

Article 123.- Illegal arrest, custody or detention of people

1. Those who illegally arrest, hold in custody or detain other persons shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crimes 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) Abusing their positions and/or powers;
c) Against persons who are performing their official duties;
d) Committing the crime more than once;
e) Against more than one person.

3. Committing the crimes and causing serious consequences, the offenders shall be sentenced to between three and ten years of imprisonment.

4. The offenders may also be banned from holding certain posts for one to five years.

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   Chapter XIV

CRIMES OF INFRINGING UPON OWNERSHIP RIGHTS

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Article 134.- Kidnapping in order to appropriate property

1. Those who kidnap other persons as hostages in order to appropriate property 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 twelve years of imprisonment:

a) In an organized manner;
b) In a professional manner;
c) Dangerous recidivism;
d) Using weapons or other dangerous means or tricks;
e) Against children;
f) Against more than one person;
g) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of between 11% and 30%;
h) Appropriating property valued at between fifty million and under two hundred million dong;
i) Causing serious consequences.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten and eighteen years of imprisonment:

a) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of between 31% and 60%;
b) Appropriating property valued at between two hundred million and under five hundred million dong;
c) Causing very serious consequences.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between fifteen and twenty years of imprisonment or life imprisonment:

a) Inflicting injury on or causing harms to the health of the hostages with an infirmity rate of 61% or higher or causing human death;
b) Appropriating property valued at five hundred million dong or higher;
c) Causing particularly serious consequences.

5. The offenders may also be subject to a fine of between ten million dong and one hundred million dong, the confiscation of part or whole of property, subject to probation or residence ban for one to five years.

VietNam-Penal Code, Art. 123 and 134-1999-eng (text in English, PDF)

VietNam-Penal Code, Art. 123 and 134-1999-fra (text in French, PDF)

link to the complete text of the Penal Code, in English: VietNam-Penal Code-1999-eng

link to the complete text of the Penal Code, in French: VietNam-Penal Code-1999-fra

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