Vietnam checks laws on world crime

In 2012, Vietnam ratified the UNTOC, the only global international convention relating to organised crime. It seeks to address all aspects of transnational organised crime and constitutes an effective tool as well as necessary legal framework for international co-operation in preventing and combating all forms of transnational organised crime.

Adopted in 2000, the convention has so far been ratified by 178 states.

At a workshop on October 16 held by the UN Office on Drugs and Crime and Ministry of Justice, Nguyen Thi Kim Thoa, director of the ministry's Criminal and Administrative Laws Department, said that with the support of UNODC, the ministry and Supreme People's Court has conducted an assessment of the legal framework, including the 1999 Penal Code and 2003 Criminal Procedure Code.

"The assessment aims to identify gaps and provide recommendations for improving the country's legal framework to meet the obligations and requirements of the convention," she said.

Last April, Vietnam's Government also approved an action plan to implement the convention as well as a protocol to prevent human trafficking.

Zhuldyz Akisheva, country director of UNODC Vietnam, applauded Vietnam's activities in this field, saying now is the right time for the country to boost co-operation in advocacy, legislation development and capacity building as organised crime in the region is increasing and becoming more complicated.

Vice Director of Criminal and Administrative Laws Department Le Van Anh said that there are many gaps between Vietnam's Penal Code and the convention and urged revisions and amendments to the law. At present, contributions to the draft of the revised law are welcomed; it will likely be on the National Assembly's agenda for 2015.

The Penal Code does not currently meet all requirements of the convention concerning criminal-isation. Some criminal acts are not punished promptly, such as participation in organised crime, money laundering and obstruction of justice.

In particular, the Penal Code does not have separate regulations concerning conspiracy or participation in organised crime. Under the code, those who belong to an organised crime syndicate but do not commit crime or counsel others are not committing crime (except cases regulated in Article 79).

When individual committed crime on behalf of a legal entity, they were not prosecuted and punished properly, Anh said, a problem the revised penal code should address.