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Defendant has dual nationality

The fact that the Ho Chi Minh City Police Department makes a criminal record of the accused is one of the procedural activities in the investigation of criminal cases, helping to clarify the identity of the offender.

Through making a criminal record, the police agency determined that Ms. Hang was formerly named Nguyen Thi Thanh Tuyen. In 2010, she changed her name to the current one.

In addition to the Vietnamese nationality, the accused also holds the citizenship of the Republic of Cyprus. However, from the point of view of legal experts, Ms. Hang’s dual nationality does not affect the handling of the case.

Ms. Nguyen Phuong Hang is known as the General Director of Dai Nam Joint Stock Company. This woman used to be popular on social networks thanks to the videos “unmasking” many famous people in Vietnamese showbiz. She is also known as a real estate giant in Vietnam, the wife of businessman Huynh Uy Dung – ie Dung “Lo Voi”.

According to information from the investigative agency, from mid-2021 to early 2022, Ms. Hang continuously used dozens of accounts on Youtube, Facebook, and TikTok to conduct hundreds of livestreams reporting many false content, using insulting words, insulting the honor and dignity of many individuals.

The investigative agency has repeatedly invited Ms. Phuong Hang to work to deter, warn and request an end to the act of livestreaming speech affecting others. However, this woman did not comply and continued to organize mass gatherings; organize delegations to the private houses of people who are in conflict with them to attack and affect security and order. These jobs are all livestreamed by Ms. Hang on social networking platforms.

Before being prosecuted for investigation, in April 2021, Ms. Nguyen Phuong Hang was administratively sanctioned by the Department of Information and Communications of Ho Chi Minh City due to false information, insulting the honor and reputation of the company. People’s Committee of Binh Thuan province and Chairman of People’s Committee of Binh Thuan province. Through verification of the initial investigation, the police agency determined that Ms. Nguyen Phuong Hang used 12 channels on social networks to insult, distort and humiliate others.

Vietnamese people committing crimes in the territory of Vietnam shall be punished according to Vietnamese law

Talking to PV, lawyer Nguyen Quang Anh (Star Viet Law Firm, Hanoi Bar Association) said: “The fact that Ms. Phuong Hang has two citizenships does not affect the process of handling the case by the Criminal Code. shall apply to all criminal acts committed in the territory of the Socialist Republic of Vietnam”.

Lawyer Nguyen Quang Anh, Sao Viet Law Firm.

According to the provisions of Clause 1, Article 5 of the Penal Code 2015: “The Penal Code is applicable to all criminal acts committed in the territory of the Socialist Republic of Vietnam.

This provision also applies to criminal acts or the consequences of criminal acts occurring on board aircraft or seagoing ships with Vietnamese nationality or in Vietnam’s exclusive economic zone or continental shelf.

Although Ms. Phuong Hang has 2 citizenships, she still has Vietnamese nationality. In principle, she is still a Vietnamese who commits crimes in the territory of Vietnam, so she will still be handled according to the Penal Code of our country. with the usual procedure.

Is it possible to enjoy diplomatic immunity?

When it was reported that Phuong Hang has dual citizenship, many people wondered if Ms. Hang could take advantage of her diplomatic immunity as prescribed in Clause 2, Article 5 of the 2015 Penal Code to have her penal liability resolved by legal means. Diplomatic route or not?

However, lawyer Quang Anh analyzed: “Ms. Phuong Hang is not in the group of subjects entitled to diplomatic immunity under the Ordinance on Privileges and Immunities for diplomatic missions, consular offices and agencies. representatives of international organizations in Vietnam; as well as the Vienna Convention which Vietnam has signed.

Diplomatic immunity includes immunity from criminal and civil trials as well as from administrative sanctions, which means that subjects entitled to diplomatic immunity will enjoy absolute rights. immunity from criminal prosecution in the receiving country. Only the government of the sending State has the right to refuse this right to a diplomat and the waiver must be in writing. Under the 1961 Vienna Convention on Diplomacy, subjects are entitled to immunity. The diplomatic exception includes only: The diplomatic official, members of the diplomatic staff’s family living with him or her in the event that he is not a national of the receiving State, administrative and technical staff in the the mission and the members living with them in the absence of nationals of the receiving State or having a habitual residence in that country, the staff serving in the mission are not nationals receiving State or not having a habitual residence in that State enjoy immunity from acts in the exercise of their functions. For diplomatic officers who have the nationality of the receiving State or have a habitual residence in that State, they shall enjoy only criminal immunity from official acts in the exercise of their functions (under paragraph 1 of this Article). Article 38).

Thus, Ms. Phuong Hang’s case will certainly not enjoy diplomatic immunity.