Foreigners commit crimes in Vietnam. Do foreigners commit crimes in Vietnam? Cultural integration and exchange in any society has brought many great benefits, but it also comes with challenges and complex legal situations. One of the important issues facing this law is what to do if a foreigner commits a crime within the country.
When faced with such situations, the legal system must ensure fairness and protect the rights and obligations of both nationals and foreigners. In the Vietnamese context, the legal treatment of foreigners who commit crimes not only reflects society’s diversity and globalization, but also demonstrates interest and respect for international law.
In this article, we will delve into the crimes of foreigners in Vietnam, explore the relevant legal aspects, and look at how the legal system is responding to this challenge.
We will learn about criminal procedures, the rights and obligations of aliens, and how international cooperation plays an important role in ensuring fairness and efficiency in dealing with such situations. Embark on a journey that explores important aspects of legal and social development. Please refer to the article below for the Quoc Bao method.
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Mục lục
- 1 Foreigners commit crimes in Vietnam
- 2 How should foreigners who commit crimes in Vietnam be treated?
- 3 Under what circumstances will foreigners who commit crimes in Vietnam be extradited to their home country?
- 4 Does Vietnam have the right to refuse extradition of criminals to another country?
- 5 Legal Consulting Services – Quoc Bao Law
Foreigners commit crimes in Vietnam
Foreigners who commit crimes in Vietnam will face the country’s legal system. The basic points regarding foreigners committing crimes in Vietnam are :
- ** Criminal Procedures :** If a foreigner violates Vietnamese law, criminal procedures will apply to Vietnamese citizens as well. This includes the investigation, prosecution and sentencing process .
- ** Applicable law :** Foreigners must abide by Vietnamese law during criminal proceedings. Charges will be determined based on the provisions of the Penal Code and other relevant laws .
- ** Rights and Obligations :** Foreign nationals who commit crimes have the right to guaranteed defense, to be informed of the charges against them, and to participate in court proceedings. Furthermore, we must also comply with our legal obligations .
- ** Penalties :** Penalties may include jail time, probation, fines, community service, deportation, and more .
- ** International cooperation :** When foreigners violate the law in Vietnam, international cooperation may be undertaken to ensure that response procedures and penalties are properly enforced, fairly and efficiently .
Regulations regarding the treatment of foreigners who violate the law in Vietnam may change over time and new laws will apply.
How should foreigners who commit crimes in Vietnam be treated?
5 of the 2015 Penal Code provides as follows :
Impact of the criminal law on crimes committed on the territory of the Socialist Republic of Vietnam
- The Criminal Code applies to all crimes committed within the territory of the Socialist Republic of Vietnam .
This regulation also applies to Vietnamese-national aircraft, ships, or the consequences of crimes or offenses occurring within Vietnam’s exclusive economic zone or continental shelf .
- In the case of foreigners who commit crimes on the territory of the Socialist Republic of Vietnam and are subject to diplomatic or consular immunity in accordance with Vietnamese law and international treaties to which the Socialist Republic is a party. If Vietnam is a member state or follows international practices, this issue is: Their criminal liability will be resolved in accordance with the provisions of international treaties or conventions. If the international treaty does not provide for it or there is no international convention, criminal liability will be resolved diplomatically .
Therefore, according to the above provisions, if a foreigner who commits a crime in Vietnam is not entitled to diplomatic or consular immunity under Vietnamese law, an international treaty to which Vietnam is a party, or international practice; , such criminal acts will be subject to criminal liability according to Vietnamese law.
Under what circumstances will foreigners who commit crimes in Vietnam be extradited to their home country?
According to Article 33 of the Mutual Legal Assistance Law of 2007 , foreigners who commit crimes in Vietnam shall be extradited to their home country in the following cases :
– A person who has committed a crime that is punishable by imprisonment for one year or more, life imprisonment, or death under the Vietnamese Penal Code and the criminal law of the requesting country, or who has been sentenced by a court of the requesting country and has at least 6 months remaining on his or her sentence. Prison sentence .
– Criminal acts by foreigners do not necessarily belong to the same crime group or the same crime, and according to the provisions of Vietnamese law and the country’s laws, the elements constituting a crime do not necessarily have to be the same. Handover.
– If the criminal act of a foreigner occurs outside the territory of the requesting country, according to the provisions of the Vietnam Penal Code, extradition may take place if the act is a criminal act.
Does Vietnam have the right to refuse extradition of criminals to another country?
Article 35 , Paragraphs 1 and 2 of the Mutual Legal Assistance Act 2007 , when extradition of a foreign criminal is refused, it is stipulated as follows :
– The competent litigation enforcement agency in Vietnam will refuse extradition if the extradition request falls under any of the following cases :
+ The person sought for extradition is a Vietnamese national .
+ According to the provisions of Vietnamese law, a person whose extradition is requested cannot be held criminally responsible or penalized because the statute of limitations has expired or for other lawful reasons .
+ Whether the person whose extradition is requested for criminal prosecution has been convicted by a Vietnamese court with a legally valid judgment for the crime stated in the extradition request only in accordance with the provisions of the Criminal Procedure Code of Vietnam; , the case is pending. Vietnam ;
+ The person requesting extradition is a person residing in Vietnam because he or she may be subject to persecution in the requesting country due to discrimination based on race, religion, gender, nationality or ethnicity, social class, or political opinion.
33, Paragraph 1 of the 2007 Mutual Legal Assistance Act are not met.
– In addition to the above-mentioned cases of refusal of extradition, the competent enforcement agency in Vietnam may refuse extradition if the extradition request is any of the following :
+ The act for which extradition was requested is not a crime according to the provisions of Vietnam’s Penal Code .
+ The person requested to be extradited is facing criminal charges and prosecution in Vietnam for the offenses listed in the extradition request.
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Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com
