According to the provisions of Clause 1, Article 5 of the 2015 Vietnamese Criminal Code (amended and added in 2017), all criminal offenses on the territory of Vietnam will apply the Vietnamese Criminal Code to deal with.
In the event that the perpetrator is a foreigner, Paragraph 2, Article 5 of the Criminal Code stipulates:
“For foreigners who commit crimes on the territory of the Socialist Republic of Vietnam, who are entitled to diplomatic or consular immunity under Vietnamese law, under international treaties to which the Socialist Republic of Vietnam is located. If a country becomes a member or according to international practice, its criminal liability will be settled according to the terms of the agreement. international or according to international custom. If there is no international custom, their criminal liability will be resolved through diplomacy.”
Thus, foreigners who commit crimes on the territory of Vietnam can only apply international treaties or international practice when they qualify for diplomatic or consular immunity under Vietnamese law, according to treaties, international law to which the Socialist Republic of Vietnam is a member or according to international practice.
In addition, according to the provisions of Vietnam’s law on citizenship, dual nationals living in the territory of Vietnam have the same legal rights and obligations as those with single nationality.
Therefore, in the case of a Vietnamese with dual nationality who commits a crime in the territory of Vietnam, the principle of handling it will be carried out by the implementing agency for the Vietnamese procedure as follows:
The perpetrator is still first identified as a Vietnamese citizen, so the Vietnamese Criminal Code will be applied to deal with criminal acts. In the event that the country of Vietnam which has a second citizenship applies a citizen protection regime and at the same time the Government of that country has the opinion to intervene, then Clause 2, Article 5 of the Criminal Code will be applied to resolve the issue. .
Nguyen Phuong Hang (SN 1971, Director General of Dai Nam Company) was recently charged and detained by the Ho Chi Minh City Police for committing a crime in accordance with the provisions of Clause 2, Article 331 of the Criminal Code.
If Nguyen Phuong Hang has dual citizenship and the Ho Chi Minh City Police Department has sufficient grounds to determine that Hang has committed the crime of “abusing democratic freedoms to violate the interests of the State, legitimate rights, and the interests of organizations and individuals”, but if Ms. Hang is not entitled on immunity as specified in Clause 2, Article 5 of the Criminal Code, of course the procedural authorities will apply the Vietnamese Criminal Code to handle this case. crime.
at Blogtuan.info – Source: Eva.vn – Read the original article here
