Vietnam
Vietnam has a dedicated counterterrorism law adopted in 2013. There is no carve-out for the exercise of fundamental human rights. The maximum sentence for terrorism offences is the death penalty.
The Definition of Terrorism in Domestic Law
Terrorism is defined in the 2013 Law as one or more of the following acts when
committed by organizations or individuals with the aim to oppose the people’s authorities, to compel the people’s authorities, foreign organizations and international organizations, cause difficulties to the international relations of the Socialist Republic of Vietnam or causing panic in the public:
a) Infringing upon the lives, health, and bodily integrity or threatening to infringe upon the lives or intimidating the mentality of others;
b) Appropriating, damaging, destroying or threatening to destroy assets; attacking, infringing upon, obstructing or causing disorder to, operation of computer networks, telecommunication networks, Internet and digital equipment of agencies, organizations or individuals;
c) Guiding the manufacture, production and use of, or manufacturing, producing, storing, transporting, trading in, weapons, explosives, radioactive materials, poison, inflammables and other instruments and means ...;
d) Propagating, dragging into, inciting, forcing, hiring, or creating conditions for, or assisting for, the commission of the acts defined in paragraphs a, b and c;
dd) Establishing, participating in the organization, recruitment, training and coaching of objects with the aim to commit the acts defined on paragraphs a, b, c and d;
e) Other acts that are considered terrorism under the anti-terrorism international treaties of which the Socialist Republic of Vietnam is a member.Art. 3(1), 2013 Anti-terrorism Act.
Adherence to Global and Regional Terrorism Treaties
Vietnam is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Vietnam is also a State Party to the main regional treaty on terrorism, adopted by the Association of South-East Asian Nations (ASEAN).
| Treaty | Adherence |
|---|---|
| ASEAN 2007 Treaty on Counter Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Article 84 of the Criminal Code stipulates the penalties for terrorism offences.
1. Those who intend to oppose the people’s administration and infringe upon the life of officials, public employees or citizens shall be sentenced to between twelve and twenty years of imprisonment, life imprisonment or capital punishment.
2. In the case of committing crimes by infringing upon physical freedom and/or health, the offenders shall be sentenced to between five and fifteen years of imprisonment.
3. In the case of committing crimes by threatening to infringe upon life or committing other acts of moral intimidation, the offenders shall be sentenced to between two and seven years of imprisonment.
4. Those who terrorise foreigners in order to cause difficulties to the international relations of the Socialist Republic of Vietnam shall also be penalized according to this Article.
Counterterrorism Capacities and Policies at Domestic Level
In May 2022, Vietnam committed to cooperating with the United Nations to fight terrorism.
Glossary
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