Phòng ngừa tình hình các tội xâm phạm nhân phẩm, danh dự của con người trên địa bàn thành phố hồ chí minh ttta

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

PHAN TO NGOC

THE PREVENTION OF CRIMES THAT VIOLATE HUMAN
HONOR AND DIGNITY IN HO CHI MINH CITY

Major: Criminology and crime prevention
Code: 9 38 01 05

DOCTOR OF LAW THESIS

Hanoi, 2023


The project was completed at:
Vietnamese Academy of Social Sciences
Graduate Academy of Social Sciences

Supervisor: Assoc. Prof. Dr, Tran Huu Trang

Counter-argument 1: Assoc. Prof. Dr, Dong Dai Loc

Counter-argument 2: Assoc. Prof. Dr, Cao Thi Oanh

Counter-argument 3: Assoc. Prof. Dr, Tran Dinh Nha

The thesis will be defended at the Academy-level Thesis Grading
Council at: Vietnamese Academy of Social Sciences - Graduate Academy of
Social Sciences, at

am/pm,

date

The thesis can be found at:
National Library of Vietnam
Library of Academy of Social Sciences

month

year


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INTRODUCTION
1. Rationale of the study
The Conclusion No.13-KL/TW of the Political Bureau requires “Promoting
crime prevention, consolidate and improve the quality and effectiveness of the movement of
all people to protect the national security…”. The National Crime Prevention and Control
Strategy for the period of 2016 to 2025 and the orientation to 2030 also emphasizes “Crime
control and prevention is one of the important, urgent, regular, continuous and long-term goals
to implement the Constitution, laws and guiding documents, contributing to protecting justice,
human rights, civil rights, the interests of the country, legal rights and interests of organizations
and individuals” [44]. These documents indicate that our Party and Government seriously
prioritize the matter of crime prevention.
According to a report by the City Statistics Department of Ho Chi Minh City
on the city's socio-economic situation in the fourth quarter and the whole year 2022, it
determines the economic recovery year “a hinge year” to create the preconditions for
implementing the goals of the economic plan for the period of 2021 to 2025. The Gross

Regional Domestic Product (GRDP) of Ho Chi Minh City in 2022 is estimated at
1,479,227 billion VND (at current prices). Comparing to the price at 2010, GRDP
growth reached 1,021,894 billion VND, an increase of 9.03% compared to 2021.
Alongside the economic achievements, the situation of crimes in general and crimes
that violate human dignity and honor tends to become more complicated. These crimes
not only happened in the public community or workplace but also in the victim’s own
family and familiar relationships. In the recent events, the nature and extent of crimes
that violate human dignity and honor have become increasingly serious and alarming,
showing the moral degradation of a segment of the population, significantly affecting
the cultural and social order in the community. The above situation shows that the
authorities’ actions to prevent crimes in general and prevent crimes that violate human
dignity and honor have not been as effective as expected. One of the reasons is that the
development and implementation of crime prevention measures are not well-organized
and feasible, not linked to specific conditions in each particular area, and not specified
for different groups of crimes.
The above theoretical and practical requirements pose the need to build a
theoretical framework for preventing crimes that violate human dignity and honor, to
evaluate the current situation of preventing the said crimes, and to clarify the
characteristics of crimes that violate human dignity and honor in Ho Chi Minh City, in
order to provide scientific theories for creating and enhancing the effectiveness of
preventing these crimes in the upcoming time.
Based on the requirements of crime prevention and control activities in general
and crimes that violate human dignity and honor in Ho Chi Minh City in particular, the
research on the topic: "The prevention of crimes that violate human dignity and honor
in Ho Chi Minh City" have theoretical and practical meaning as well as the urgent
significance.


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2. Aim and mission of the study

2.1. Aim of the study: The aim of this thesis is to build a theoretical
framework on preventing crimes that violate human dignity and honor, therefore
analyze and clarify the current state of preventing the said crimes in Ho Chi Minh City.
With that, the thesis ims to propose solutions to strengthen the prevention of these type
of crimes in the future.
2.2. Mission of the study: Theoretical research and practical research that
include: analyzing and evaluating research projects on preventing crimes that violate
human dignity and honor, therefore pointing out the limitation and the content which
have not been studied, making theoretical research on preventing crimes that violate
human dignity and honor, clarifying the relevant features and the current state of
preventing crimes that violate human dignity and honor, and proposing ideas and
solutions to enhance the prevention of crimes that violate human dignity and honor.
3. Object and range of study
3.1. Object of the study: Theoretical issues on preventing crimes that violate
human honor and dignity, current situation of preventing crimes that violate human
dignity and honor in Ho Chi Minh City, and a system of solutions to enhance the
prevention of crimes that violate human dignity and honor in Ho Chi Minh City in
particular and in national range in general.
3.2. Range of the study
- Scope of major: The study is limited to the field of Criminology. However,
the topic takes an interdisciplinary approach of criminology with psychology,
sociology, education, and ethics to analyze and clarify the causes and conditions of
crimes that violate human dignity and honor, as well as the causes of limitation in
preventing crimes that violate human dignity and honor as a basis for proposing
solutions to enhance the prevention of crimes that violate human dignity and honor.
- Spatial scope: The study is limited to research on the situation of preventing
crimes that violate human dignity and honor in Ho Chi Minh City.
- Time scope: The study is limited to the period from 2010 to 2022.
4. Methodology and research methods.
4.1. Methodological perspective

The thesis is researched on the basis of dialectical materialism and historical
materialism methodology of Marxism-Leninism and Ho Chi Minh's ideology, applying the
Party and Government’s perspectives on crimes prevention. Based on this methodology,
during the research process, the topic was done using an interdisciplinary approach to solve the
research problem of how to improve the effectiveness of crime prevention in general and
preventing crimes that violate human dignity and honor in Ho Chi Minh City.
4.2. Research methods
Research methods used: Method of analysis, synthesis, induction, deduction,
commentary; method of comparison, analysis, and commentary; method of comparison,


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logical reasoning, commentary, induction, deduction, and analysis of legal norms;
statistical method, analysis, commentary, induction, deduction, and logical inference.
5. New contributions of the thesis
Comparing to the previous works, the thesis has the following improvements:
Firstly, the thesis has systematized and provided a theoretical framework for
preventing crimes that violate human dignity and honor.
Secondly, the thesis has analyzed and clarified the current situation of crimes
that violate human dignity and honor, the cause of the situation of crimes that violate
human dignity and honor in Ho Chi Minh City, the current situation of organizing
forces to prevent crimes that violate human dignity and honor in Ho Chi Minh City, the
current state of coordination between subjects to prevent crimes that violate human
dignity and honor, the current state of implementing measures to prevent crimes that
violate human dignity and honor in Ho Chi Minh City.
The thesis has forecasted the situation of crimes that violate human dignity and
honor in Ho Chi Minh City, therefore proposed solutions to enhance the prevention of
crimes that violate human dignity and honor in Ho Chi Minh City in the future.
6. Theoretical and practical contributions of the thesis.
6.1. Theoretical contributions

The results achieved in this thesis are important contributions to legal science
in general, especially in perfecting the necessary theoretical studies on preventing
crimes that violate human dignity and honor, therefore contributing to the completion of
the theoretical system of criminology and crime prevention in particular, and theories of
legal science in general. This is an indispensable theoretical foundation in crime
prevention.
6.2. Practical contributions
The thesis has analyzed and evaluated the current situation of preventing
crimes that violate human dignity and honor in Ho Chi Minh City, therefore tproposed
solutions to enhance the prevention of crimes that violate human dignity and honor in
Ho Chi Minh City in the future. The results of this research will be a useful reference
for the City’s authorities to improve programs, plans, policies and measures to prevent
crimes that violate human dignity and honor in the upcoming time.
7. The structure of the thesis
Along with the introduction, the conclusion and the list of references, the
thesis consists of these following chapters:
Chapter 1: Overall research on preventing crimes that violate human dignity and honor.
Chapter 2: Theories on preventing crimes that violate human dignity and honor.
Chapter 3: The current situation of preventing crimes that violate human dignity
and honor in Ho Chi Minh City.
Chapter 4: Forecasting and solutions to enhance the prevention of crimes that
violate human dignity and honor in Ho Chi Minh City.


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CHAPTER 1:
AN OVERVIEW OF STUDIES ON THE PREVENTION OF CRIMES THAT
RELATE TO HUMAN DIGNITY AND HONOR
1.1. Domestic researches.
1.1.1. Basic theories on criminology and crime prevention.

In terms of criminal theory, there are several curricula that provide practical
value for this topic. They are listed as follows:
- Vietnamese criminal law textbook (General part) by a group of authors under
the editorship of Prof.Dr. Vo Khanh Linh, Social Sciences Publishing House, 2014.
- Vietnamese criminal law textbook (Crimes part) by a group of author under
the editorship of Prof.Dr. Vo Khanh Linh, People’s Police Publishing House, 2002.
- Vietnamese criminal law textbook - volume 1 by Hanoi law university,
People’s Police Publishing House, 2019.
- Vietnamese criminal law textbook - general part and crimes part by a group
of authors under the editorship of Dr. Cao Thi Oanh, Education Publishing House,
2012.
- Vietnamese criminal law textbook (general part) by the Faculty of Law,
Vietnam National University, Hanoi, Vietnam National University, Hanoi Publishing
House, 2021.
- Criminology textbook by Vo Khanh Vinh, 2023.
- Criminology textbook by Hanoi law university, People’s Police Publishing
House, 2002.
- Monograph “Criminology and the formation of crime” by Associate Prof.Dr.
Nguyen Ngoc Hoa, Judicial Publishing House, 2015.
- Monograph “Scientific commentary on the 2015 Criminal Code” (general
part and crimes part), edited by Prof.Dr. Nguyen Ngoc Hoa, Judicial Publishing House,
2017.
- Monograph “Sexual abuse crimes in Vietnamese Criminal Law” by Nguyen
Thi Ngoc Linh, Judicial Publishing House, 2019.
Overall, the above scientific research projects provided basic theoretical
knowledge about crimes that violate human dignity and honor and theories about crime
prevention in general. It includes the prevention of the said crimes.
1.1.2. Research projects on crimes that violate human honor and dignity.
- Grassroots level topic “Prosecution and investigation of child sexual abuse
crimes in the Southeast provinces - current situation and solutions to improve

efficiency” by Tran Ngoc Duc, People’s Police University, 2003.
- Doctoral thesis “Protecting human rights by regulating sexual abuse crimes
under Vietnamese criminal law” by Nguyen Thi Binh, defended in 2021 at Hanoi Law
University.


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- Doctoral thesis “Crimes that violate human dignity and honor according to
Vietnamese criminal law” by Vu Hai Anh, defended in 2017 at the Academy of Social
Sciences.
- Doctoral thesis “Sexual abuse crimes in Vietnamese criminal law” by
Nguyen Ngoc Linh, defended in 2018 at the Faculty of Law, Vietnam National
University, Hanoi.
- A series of articles published in jurisprudence journals also researched the
theory of crimes that violate human dignity and honor. Notable mentions include: The
article “Sexual abuse crimes against people under 18 years old - problems and
recommendations” by Associate Professor, PhD. Pham Minh Tuyen, published in
Procuracy Science Magazine No. 02/2020, page 3-10; Article “Protecting victims
during the trial of human trafficking cases” by Associate Professor, PhD. Pham Minh
Tuyen, published in the People’s Court Magazine No. 22/2020, page 7-9 and No.
23/2020, page 14-17; Article "Incomplete rape" - provisions of the Penal Code and
trial practice" by Le Huu Du and Nguyen Tuan Hiep published in People's Court
Magazine No. 14/2022, p. 1-7; Article "Child sexual abuse crimes in international law
and Vietnamese criminal law" by Nguyen Tat Thanh and Nguyen Duy Dung, published
in the Journal of Democracy and Law No. 5/2021, p. 20-24; Article "Improving the
provisions of the Penal Code on child sexual abuse crimes" by Tran Van Thuong,
published in State Management Magazine No. 259/2017, pp. 45-48; Article "Discussion
on human trafficking crime in the 2015 Penal Code" by Nguyen Van Minh and Nguyen
Thi My Huyen, published in Procuracy Magazine No. 6/2019, p. 41-47; Article "Child
sexual abuse crimes compared between the 1999 Penal Code and the 2015 Penal

Code" by Le Thi Diem Hang, published in People's Court No. 6/2017, p. 18 – 24;
Article "Some new points in the chapter on crimes that violate human life, health,
dignity, and honor in the 1999 Penal Code" by Le Dang Doanh, published in the
Journal of Jurisprudence No. 2000; Article "Crimes that violate human life, health,
dignity, and honor - Comparison between the 1999 Penal Code and the 1985 Penal
Code" by Nguyen Ngoc Hoa, published in the Journal of Jurisprudence No. 1, 2001;
Article "Basic new points about crimes that violate human life, health, dignity, and
honor in the 1999 Penal Code" by Tran Van Luyen, published in the Journal of State
and Law No. March 2001; The article "Principles for calculating compensation due to
the violated individual's honor, dignity, and reputation" by Tuong Duy Luong,
published in People's Court Journal No. 3 in 2003; Article "Discussion on the crime of
rape under Article 111 of the Penal Code" by Dang Xuan Nam, published in Procuracy
Magazine No. 07 (April 2009); Article "Distinguishing crimes against people
performing official duties from crimes that violate human life, health, dignity, honor of
people performing official duties or for reasons of the victim's official duties" by Mai
Bo, published on People's Court Magazine No. 12, 2012; Article "Discussion on some
legal signs of rape" by Bui Thi Quyen, published in People's Court Magazine No.
23/2012; Article "About the article "Can men be victims of rape", published in the


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People's Court Magazine, period II, February 2014 (No. 4) by many authors; Article
"On regulations for crimes of rape - child rape" by author Tran Ha Bao Khuyen,
published in the People's Court Journal, period I, June 2015 (No. 11); Article "The
crime of rape in French criminal law and the concept of "rape" in Vietnamese law" by
Nguyen Van Quan, published in Procuracy Magazine No. 18 (September 2015); Article
"Discussion on the crime of statutory rape under Article 112 of the Penal Code" by Le
Quang Tien published in Procuracy Magazine No. 18 (September 2015); Article
"Commentary on sexual crimes in the chapter on crimes that violate human life, health,
dignity, and honor in the draft Penal Code (amended)" by Duong Tuyet Mien,

published in the topic on amending and supplementing the Penal Code of the Journal of
Democracy and Law in 2015.
- Grassroots level topic “Application of criminal law in the trial of some
crimes that violate human life, health, dignity, and honor" by Cao Thi Oanh, Mai Thi
Thanh Nhung, Vu Hai Anh, Nguyen Thi Huyen Trang, Dao Phuong Thanh, Le Thi Diem
Hang, Hanoi Law University in 2017.
- Articles published in recent legal journals include: Article "New points and
some recommendations to improve the quality of application of the provisions of the
2015 Penal Code on crimes that violate human dignity and honor" by Phan Thi Thu Le,
Journal of Control Science Police, No. 46/2021, pp. 12-15; Article "Crimes that violate
human dignity and honor in Vietnamese criminal law" by Do Thi Hien, Legal
Profession Magazine, May 2018, pp.6-12; Article "The crime of rape in French
criminal law and the concept of "rape" in Vietnamese law" by Nguyen Van Quan,
Procuracy Magazine, No. 18/2015, pp. 45-48; Article "Protecting sexual rights through
criminal law" by Cao Thi Oanh, Journal of Social Sciences Human Resources, No.
4/2015, pp. 12-18; Article "Crime of rape of a person under 16 years old according to
the provisions of the 2015 Penal Code" by Nguyen Thi Binh, Procuracy Magazine, No.
8/2018, pp. 47-53; Article "How to correctly understand the episode "performing other
sexual acts?” by Nguyen Ngoc Thang, Procuracy Magazine, No. 11/2021, pp. 41-44;
Article "Investigation of criminal liability for rape and child rape - Difficulties,
problems and recommendations" by Hoang Quang Luc, published in People's Court
Magazine No. 15 of 2014, article "Crime of lewdness with children: Some current
situations and legal solutions" by Pham Quang Huy, published in the Journal of
Legislative Research No. 13, 2016; Article "Regulations on human trafficking crimes in
the limited Penal Code and directions for improvement" by Le Thi Van Anh, Journal of
Democracy and Law, No. 3/2021, pp. 16-21; Article "Factors affecting the formation of
personal characteristics of people who commit crimes that violate human dignity and
honor in the Southeast provinces" by Nguyen Vinh Huy, published in the Journal
Industry and Trade, No. 3/2018 - pp. 62-67.
- Doctoral thesis "Preventing crimes that violate human dignity and honor

from the practice of Phu Tho province" (2021) by Do Thu Hien.


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- Doctoral thesis "Child sexual abuse crimes in the Southwest region:
Situation, causes and prevention" by Diep Huyen Thao, defended at the Academy of
Social Sciences in 2020.
- Doctoral thesis "Child sexual abuse crimes in the Southeast region: Situation,
causes and prevention solutions" by Tran Van Thuong, defended at the Academy of
Social Sciences in 2018.
- Doctoral thesis "Fighting to prevent statutory rape in Vietnam in the current
period" by Le Huu Du, defended at the Academy of Social Sciences in 2015.
- Doctoral thesis "The identity of criminals who violate human dignity and
honor from the practice of the Southeast provinces", defended by Nguyen Vinh Huy in
2019 at the Academy of Social Sciences.
- Article "The situation of human trafficking crimes around the world and in
Southeast Asia" by Nguyen Xuan Huong, Journal of Procuracy Science - 2020 no.39/2020, pp. 19-24; Article "The crime of human trafficking in Vietnam - Situation,
causes and prevention measures" by Tran Dinh Hai, Procuracy Science, No. 39/2020,
pp. 25-33; Article "Some issues to note when applying the provisions of the 2015 Penal
Code on human trafficking crimes" by Pham Xuan Son, Procuracy Magazine, No.
23/2018, pp. 16-19, 26; Article "Theoretical issues on preventing child sexual abuse
crimes in Ho Chi Minh City" by Le Van Luong, published in Industry and Trade
Magazine No. 3/2018, pp. 45-52; Article "Preventing human trafficking crimes in
Vietnam today with solutions that impact the subjects and potential victims of the
crime" by Do Duc Hong Ha and Nguyen Mai Tram, Journal of Democracy and Law,
No. 7/2017, pp. 10-15; Article "Some solutions to improve the effectiveness of
preventing child rape in Vietnam" by Le Huu Du, Procuracy Magazine, No. 23/2014,
pp. 35-37.
It can be seen that in recent times, research projects on crimes that violate
human dignity and honor and the prevention of crimes that violate human dignity and

honor are varied in types with different approaches. Some studies focused on solutions
to prevent a specific type of crime in a particular area, while other research studies the
prevention of crimes that violate human dignity and honor in general within a specific
administrative area. However, the common point of these studies is to clarify the
current situation of crimes that violate human dignity and honor and point out the
causes and conditions of these crimes as well as the limitations and inadequacies in
practical implementations of solutions to prevent crimes that violate human dignity and
honor, therefore to build a theoretical and practical basis to propose solutions to
strengthen the prevention of crimes that violate human dignity and honor.
1.2. Foreign researches
Similar to domestic researchers, foreign researchers also analyzed and
introduced basic content related to crimes that violate human dignity and honor.
1.2.1. Research projects on criminals and crime prevention.


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- An introduction to Crime and Criminology by Hennessy Hayes and Tim
Prenzler.
- Crime and criminology in Japan by Can Ueda, Professor.Doctor of Law,
Ritsumeikan University.
- Criminology Today by PhD.Emeritus Professor Frank - Schmalleger
(American), 2002, University of North Carolina, Pembroke (America).
1.2.2. Research projects on preventing crimes that violate human dignity and
honor.
- “Human Dignity as a Protected Interest in Criminal Law” by Tatjana Hornle
and Mordechai Kremnitzer, published in Israel Law Review, No. 44, Volumes 1 and 2,
2011, pages 143 to 168.
- “Death Penalty and Child Rape: An Eighth Amendment Analysis” by
Elizabeth Gray, published in the Jurisprudence Journal of the Law School of Saint
Louis University, Missouri, USA, in 1998.

- “The evolving jurisprudence of the crime of rape in international criminal
law” by Phillip Weiner, published in Boston College Law Review, No. 54, March 2013.
- “State Of Rape Victims In India” by Namita Jain and Aditi Tyagi.
- “A 20 years retrospective study of rape pattern in Ebonyi State, South-East
Nigeria” by Leonard Ogbonna Ajaha and his group of colleague researchers, published
in Heliyon Research Journal, No. 8 (2022).
- “Demography and Crime: A Spatial analysis of geographical patterns and
risk factors of Crimes in Nigeria”, published in Spatial Statistics Magazine No. 41
(2021).
- “Rape and sexual assault” by L. M. WilliamsS. Toney, published in the
Reference Module in Neuroscience and Biobehavioral Psychology Journal.
- “Human trafficking in Finland” by Sari Latomaam, published in the
Intercultural Hum.Rts.L.Rev.229 journal in 2014.
- “Slander? Prove it: Why a two hundred-year- old defamation law should be
changed” by Robert F. Somers - Professor of law, Whittier Law School, published in
Southwestern Journal of International Law, Vol. 19/2012, p. 133-180.
- Sex Crimes: How to Prevent and Survive Sex Crimes by Dr Paul Dawson,
CreateSpace Independent Platform Publisher, 2013.
- Preventing Sexual Violence on Campus: Challenging Traditional
Approaches through Program Innovation by Sara Carrigan Wooten and Roland W.
Mitchell, Routledge Publisher, first published in 2016.
These research projects have shown that there have been reseaches on the
causes and conditions of the crime situation, crime prevention activities in general, and
crimes that violate human dignity and honor in particular. These works have argued and
justified the necessary issues that must be completed to effectively prevent these crimes.
The results will be selectively learned by the researcher of this thesis during thesis
research. However, there are still issues that are open for discussion, such as: the


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theoretical and practical basis of building a system of general preventive measures, of
preventing crimes that violate human dignity and honor. Many issues are only at the
information level, not going into the specific topic that this thesis will address: crimes
that violate human dignity and honor in Ho Chi Minh City: situation, causes and
preventive solutions.
1.3. Evaluation of the research situation:
Including agreed upon issues, issues that are still under debate, and issues that
needs further research. Among them, issues for further research include:
Firstly, in-depth research that focuses on preventing crimes that violate human
dignity and honor.
Secondly, research on the subjects of some sexual crimes (rape, statutory
rape).
Thirdly, research on preventing crimes that violate human dignity and honor in
Ho Chi Minh City.
Fourthly, research on solutions to prevent crimes that violate human dignity
and honor.
Conclusion of Chapter 1
Chapter 1 of the thesis has researched and evaluated the overview of domestic
and foreign research related to the prevention of crimes that violate human dignity and
honor. Through an overall assessment, chapter 1 has clarified the following agreedupon issues: Firstly, the research projects have agreed on the connotation of the concept
of crime situation, causes, conditions for crime and solutions to prevent crime in
general and different groups of crimes in particular. Some of the projects has
specialized in some basic theories of criminology, while a number of works have
specialized in theoretical studies on crimes that violate human dignity and honor, such
as: concept, datas on level, development, structure, characteristics, causes and
conditions, personal features of the criminal, forecasting the crime situation, and
solutions to improve the effectiveness of preventing crimes that violate human dignity
and honor. Secondly, the issue of crime and crime prevention has been approached and
clarified by many projects in each field and each research area. The fields of
criminology and crime prevention have been approached and clarified. Researches on

crimes that violate human dignity and honor are also mentioned by a number of
research works from many perspectives within a specific spatial range. Thirdly, the
researches chas also proposed different solutions to improve the effectiveness of crime
prevention in the research field. Proposed solutions include: improving the crime
prevention capacity of the authorities and individuals that are directly involved.
Fourthly, some issues directly related to solutions to enhance the prevention of crimes
that violate human dignity and honor have been addressed by a number of projects from
many different angles.


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Chapter 2
THEORETICAL ISSUES ON PREVENTING CRIMES THAT VIOLATE
HUMAN DIGNITY AND HONOR
2.1. Concept and purpose of preventing crimes that violate human dignity
and honor
2.1.1. Concept of preventing crimes that violate human dignity and honor
- Concept of human dignity and honor: honor is the respect of each individual's
moral standards, therefore affirming the position, role and prestige of that subject in
society.
- Concept of crimes that violate human dignity and honor: Crimes that violate
human dignity and honor are socially dangerous acts prescribed in the Penal Code,
intentionally committed by individuals with capacity and within legal age for criminal
liability, which violates the right to respect and protection of human dignity and honor,
and according to the provisions of the Penal Code must be criminally prosecuted.
- Concept of the situation of crimes that violate human dignity and honor: is a
social, legal-criminal phenomenon that has changed historically, has a class nature, and
includes a unified whole of crimes that violate human dignity and honor, committed
within a certain spatial (local area) limit and within a certain period of time.
- Concept of preventing crimes that violate human dignity and honor: is a

multi-level system of political - ideological, socio-economic, cultural, educational,
legal, and govenrment administrative measures, on the focusing on strengthening and
educating human personality and morality, strengthening the guarantee of basic rights
related to human dignity and honor, in order to surmount the causes and conditions of
crimes that violate human dignity and honor, therefore reducing and gradually
eliminating crimes that violate human dignity and honor.
* Characteristics of preventing crimes that violate human dignity and honor
Common characteristics:
- The subjects of preventing crimes that violate human dignity and honor are
also the subjects of preventing crimes in general.
- The purpose of preventing crime in general and crimes that violate human
dignity and honor in particular are both based on crime prevention and control plans for
each certain period of time.
- Preventing crimes that violate human dignity and honor includes a
comprehensive range of preventive measures: political - ideological, socio-economic,
cultural, educational, legal, government management, et cetera.
Distinct characteristics:
Preventing crimes that violate human dignity and honor is associated with
strengthening and educating human personality and morality.
- Preventing crimes that violate human dignity and honor is associated with
improving control of pornography.


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- Preventing crimes that violate human dignity and honor is associated with the
elimination of bad behaviors and habits that can easily lead to the risk of becoming a
victim of crime.
- Preventing crimes that violate human dignity and honor is associated with
strengthening the guarantee of basic rights related to human dignity and honor.
2.1.2. Purposes of preventing crimes that violate human dignity and honor

- Ensuring security, order and social safety.
- Ensuring human rights.
2.2. Objects, content and principles of preventing crimes that violate
human dignity and honor
2.2.1. Objects of preventing crimes that violate human dignity and honor
The object of preventing crimes that violate human dignity and honor is the
situation of crimes that violate human dignity and honor. Thus, the object of preventing
crimes that violate human dignity and honor in Ho Chi Minh City is the situation of crimes
that violate human dignity and honor in Ho Chi Minh City.
2.2.2. Content of preventing crimes that violate human dignity and honor
The content of preventing crimes that violate human dignity and honor is
determined by the nature and characteristics of the situation of crimes that violate human
dignity and honor, as the object of prevention, the characteristics of the causes, and the
conditions of the situation of crimes that violate human dignity and honor and the purpose
of preventing the situation of crimes that violate human dignity and honor, including:
Firstly, through activities with effective measures aimed at surmounting,
limiting, and gradually eliminating the causes and conditions (ie negative social
phenomena) that give rise to thecrimes that violate human dignity and honor.
Secondly, quickly detect, prosecute, investigate, indcit and adjudicate criminals
who committed crimes that violate human dignity and honor, perform a good job of
rehabilitating and educating them to become honest people who are useful to the society and
will not commit new crimes in the future.
Thirdly, it is necessary to clarify the advantages and limitations in the measures
system to prevent crimes that violate human dignity and honor as well as in the practical
implementation of measures to prevent crimes that violate human dignity and honor.
Therefore, continue to best promote the advantages and surmount the limitations in the
practice of preventing crimes that violate human dignity and honor.
2.2.3. Principles of preventing crimes that violate human dignity and honor
- Principles of socialist legality in preventing crimes that violate human dignity
and honor.

- Principles of democracy in preventing crimes that violate human dignity and
honor.
- Principles of ensuring human rights in preventing crimes that violate human
dignity and honor.


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- Principles of logicality in preventing crimes that violate human dignity and
honor.
- Principles of close coordination between subjects to prevent crimes that
violate human dignity and honor.
2.3. Political and legal basis for preventing crimes that violate human
dignity and honor
The Party's viewpoints on directing and leading crime prevention activities in
general, and crimes that violate human dignity and honor in particular, are expressed
through: Directive No. 48-CT/TW dated October 22, 2010 on strengthening the
Party's leadership in crime prevention and control in the new situation of the 10th
CPV Central Committee; Directive No. 09-CT/TW, dated December 1, 2011 on
"Strengthening the Party's leadership in building a movement of all people to
protect national security in the new situation" of the 11th Secretariat of CPV Central
Committee; Conclusion No. 13-KL/TW dated August 16, 2021 of the Political
Bureau on continuing to implement Directive No. 48-CT/TW, dated October 22,
2010 of the 10th Political Bureau on strengthening the Party's leadership in crime
prevention and control in the new situation.
Regarding legal basis, our country has solid legal foundations such as: Law on
prevention of human trafficking, Decision No. 1427/QD-TTg dated August 18, 2011 on
Approving the Government's Action Program to prevent and control human trafficking
crimes for the period of 2011 to 2015; Penal Code 2015, amended and supplemented in
2017; Criminal Procedure Code 2015; Decision No. 623/QD-TTg on Approving the
national crime prevention strategy for the period of 2016 to 2025 and orientation

to 2030 of the Government and some other guiding documents (Resolution No.
06/2019/NQ-HDTP of the Council of Judges of the Supreme People's Court dated
October 1, 2019 on Instructions for applying a number of regulations in Articles
141, 142, 143, 144, 145 , 146, 147 of the Penal Code and the trial of cases of sexual
abuse of people under 18 years old; Directive No. 08/CT-TTG dated February 4,
2020 promoting the prevention and control of domestic violence to promote the
prevention and control of domestic violence).
2.4. Subject and content of preventing crimes that violate human dignity
and honor
2.4.1. Subject of preventing crimes that violate human dignity and honor
- Firstly, the Party organizations: In the activities against crime in general and
preventing crimes that violate human dignity and honor in particular, the Party
organizations play an important role in leading governments at all levels and mass
organizations. and people actively participate in crime prevention and control activities.
Through this, Party organizations lead other subjects to perform the task of preventing
crimes that violate human dignity and honor, to restrain and repel these crimes,
contributing to maintaining national security, social order and safety, effectively
serving the country's socio-economic development.


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- Secondly, the Goverment agencies: The National Assembly's activities to
prevent crime in general and crimes that violate human dignity and honor in particular
are to perfect the criminal law to create a strict legal basis to prevent the subjects from
violating the law and violating human dignity and honor. In addition, the National
Assembly also supervises the implementation of laws in the field of crime prevention
and control in general, and the prevention and control of crimes that violate human
dignity and honor.
- Thirdly, social organizations and all individuals in the society.
2.4.2. Measures to prevent crimes that violate human dignity and honor

- Group of propaganda measures to raise awareness and understanding of the law.
- Socio-economic measures.
- Group of cultural and educational measures.
- Group of organizational and management measures.
- Law improvement measures.
- Crime prevention measures.
Conclusion of Chapter 2
In chapter 2 of this thesis, on the basis of research results and inheriting the views
of scientists on the theory and concept of crime prevention, the researcher has researched
and provided explanations for the basic theoretical issues on preventing crimes that violate
human dignity and honor, specifically:
Firstly, clarifying the concept and characteristics of crimes in general and
crimes that violate human dignity and honor in particular.
Secondly, developing the concept of preventing crimes that violate human
dignity and honor. Therefore clarifying the connotation of this concept: Content,
subject, preventive measures; prevention direction and the goal of preventing that
violate human dignity and honor. Determining the meaning and role of preventing
crimes that violate human dignity and honor
Thirdly, clarifying the mechanism to prevent crimes that violate human dignity
and honor in these following aspects: Concepts and elements of the crime prevention
mechanism. In particular, focusing on analyzing and clarifying the basic elements of the
mechanism to prevent crimes that violate human dignity and honor: Subjects of
prevention and the coordination relationships of subjects of crime prevention; Measures
to prevent crimes that violate human dignity and honor.
Based on the research results presented in Chapter 2, the researcher realized
that this thesis will be a theoretical framework and an important orientation in
approaching and solving the next requirements and tasks of the thesis.


14

Chapter 3
THE CURRENT SITUATION OF PREVENTING CRIMES THAT
VIOLATE HUMAN DIGNITY AND HONOR IN HO CHI MINH CITY
3.1. The current awarenese of preventing crimes that violate human
dignity and honor among Ho Chi Minh City leaders.
3.1.1. The results
The directive and executive documents of the City Party Committee, People's
Council, and People's Committee of Ho Chi Minh City show that the Party Committee
and city government are aware of the purpose, meaning, role and content of crime
prevention in general and preventing crimes that violate human dignity and honor in
particular, especially human trafficking. The City Party Committee and the city
government have considered crime prevention as an important task that must be done
simultaneously with the city's economic, cultural and social development activities.
Only based on restraining and controlling the crime situation can a healthy social
environment be created, leading to good conditions to stabilize security, order, social
safety for economic development.
3.1.2. The limitation in the awareness of preventing crimes that violate
human dignity and honor.
- There is no specific instructions for propaganda and raising public awareness,
thereby improving the effectiveness of preventing crimes that violate human dignity
and honor in Ho Chi Minh City.
- There is no specific documents or special seminar from the departments and
branches to propagate, educate and improving the understanding of the necessity,
purpose, meaning, role, and importance of preventing crimes that violate human dignity
and honor in Ho Chi Minh City.
- There is still a large number of citizen who have become the victims of
crimes that violate human dignity and honor in Ho Chi Minh City, espcially children.
This proved that the propaganda has not reached them, or has not been highly effective,
so the public awareness is still not good enough, from which many are still at risk of
becoming the victims of the said crimes.

3.1.3. The causes of the limitation in the awareness of preventing crimes
that violate human dignity and honor.
- The complexity of the city’s social components and infastructure. Ho Chi
Minh City is the economic center of the country, gathering all types of people and has a
complex infastructure.
- The negative aspects of economic integration and globalization trends.
- The inconsistency in legal documents related to handling crimes that violate
human dignity and honor.
- The ineffective coordination between subjects in the activities to prevent
crimes that violate human dignity and honor.


15
There are many other objective and subjective reasons that affect the current
state of awareness of the prevention of crimes that violate human dignity and honor in
Ho Chi Minh City. However, finding optimal solutions to macroscopically overcome
the problem is necessary and must be an effective “fixing” tool for the prevention of the
said crimes in the future.
3.2. The current state of activities against crimes that violate human
dignity and honor in Ho Chi Minh City.
3.2.1. The results
The results achieved in the activities against crimes that violate human dignity
and honor are clearly shown in the situation of crimes that violate human dignity and
honor in Ho Chi Minh City in the period of 2010 to 2022 through current situation,
developments, structure and the nature of the situation.
Regarding the current situation, the development of crimes that violate human
dignity and honor in Ho Chi Minh City is shown in this following chart:
350
300
250

200
Số vụ PT

150

Số người PT

100
50
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

0

Chart 1. The development of crimes that violate human dignity and honor in
Ho Chi Minh City in the period of 2010 to 2022.
Regarding the subtle part of crimes that violate human dignity and honor in
Ho Chi Minh City: There is still a significant number of these crimes that related to
sexual abuse crimes. Although reported and denounced, they have not been detected

and handled. This number is at least more than 15%, including a number of hidden
criminals. The hidden crimes mentioned above come from serveral causes such as: the
subject committing the crime, the victim, the person witnessing the crime, and the
provisions of law.
Regarding the structure of crimes that violate human dignity and honor in Ho
Chi Minh City, it is shown through the following numbers:
- By crime: Sexual intercourse with children (46,39%), lewdness with children
(19,15%), statutory rape (19,10%), and rape (11,56%).


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- By administrative division: evenly occurred in all of 24 administrative
divisions in Ho Chi Minh City.
- By the age the culprit: The largest proportion of people committing crimes
that violate human dignity and honor are between the age of 18 and 30 (55,44%).
- By gender: The majority are male (95.69%), the rate of female criminals are
very small, only accounts for 4,11%.
- By academic level: The majority have very low academic level, most of the
culprits (78,04%) are only at secondary education level at maximum, of which nearly
half are illiterate and are only at primary education level.
- By occupation: The majority do not have a job (35,21%) or are unskilled
labor (29,77%), and self-employed (26,03%).
- By criminal record: The number of culprit with criminal records is relatively
high (14,38%).
- By sanction: 99,16% were sentenced to imprisonment and more than half
received high prison sentences (over 07 years in prison), life imprisonment and death
penalty.
3.2.2. The causes of crimes that violate human dignity and honor.
- The limitation in the socio-economic environment.
- The limitation in the cultural and educational environment.

- The degeneration in moral and personality among a group of the citizen.
- The limitation from the victim’s condition.
- The limitation in the investigation, prosecution, trial and execution for crimes
that violate human dignity and honor.
- The limitation in the regulations of the Penal Code.
- The limitation in gathering the strength of the entire political system in
preventing crimes that violate human dignity and honor.
3.3. The current state of the coordination between subjects in preventing
crimes that violate human dignity and honor in Ho Chi Minh City.
3.3.1. The results
Currently, Ho Chi Minh City has made efforts to innovate and diversify forms
of educational propaganda and law dissemination. The city should not organize
propaganda conferences in the form of mere theory but instead stimulate situations,
conflicts, and disputes that would occur in daily life so that people know how to resolve
those conflicts and disputes on the basis of the regulation of law. In addition,
diversifying forms of propaganda through competitions and musical performances in
the form of theater will also bring high efficiency. The legal regulations are conveyed to
the people and become more effective, easier to remember and understand. The city
launches legal writing contests with participants from all classes in the society,
integrates propaganda and dissemination of law in legal consulting activities, provides
free legal aid for policy beneficiaries and the poor. Specifically, the extensive legal aid


17
at the People's Courts has significantly contributed to raising legal awareness for the
people in general and the citizen of Ho Chi Minh City in particular.
3.3.2. Limitations in coordination between subjects in preventing crimes that
violate human dignity and honor in Ho Chi Minh City
- Coordination activities between crime prevention subjects in Ho Chi Minh City
are not regular, there is no effective coordination regulation on crime prevention, including

the prevention of crimes that violate human dignity and honor, therefore, coordination
activities have not yet achieved the set goals.
- Activities of judicial agencies related to investigation, prosecution, and trial
of crimes in Ho Chi Minh City still exist in a situation where investigation, prosecution,
and trial are not on time according to regulations, the coordination with agencies that
prepare documents for rehabilitation, probation, and monitoring community integration
for people who have completed their prison sentences are still not guaranteed due to
lack of personnel in specialized departments.
- The coordination between subjects in crime prevention is only a
responsibility, not a mandatory obligation. Because it is only regulated as a
responsibility, how coordination is implemented depends entirely on the awareness and
efforts of the parties.
- In the current coordination between subjects, the positions and roles of the
subjects have not been fully defined.
- The current coordination between subjects only focuses on official prevention
activities of Goverment agencies.
- Currently, the regulations on crime prevention only briefly mention the
activities of the subjects in coordinated crime prevention activities such as: educational
measures, raising legal awareness; managing and supervising members, eliminating
causes and conditions of crime, etc. There is still no clear and specific guiding
document.
- In coordinating activities, the role of people from all classes is still vague and
passive.
3.4. Current status of implementing measures to prevent crimes that
violate human dignity and honor in Ho Chi Minh City
3.4.1. Results achieved in implementing measures to prevent crimes that
violate human dignity and honor in Ho Chi Minh City
In implementing socio-economic measures: Basically having been done
excellently, achieving almost all the goals set by the Party and City Government in the
recent period. These effective socio-economic solutions have created conditions for an

improved living environment in the city, which is the basis for the crime situation and
crimes that violate human dignity and honor to be strictly controlled by the authorities
at all levels. The implementation of programs and projects to prevent crime and social
evils is always integrated with social security policies and building cultural life in the
community and closely combined with the movement of all people to protect national


18
security has fundamentally solved the problems that cause crime and social evils,
contributing to reducing and restraining crime in general and crimes that violate human
dignity and honor in the City in particular in recent times.
In implementing cultural and educational measures: The increasingly
improving system of cultural institutions has been effective, preserving and promoting
the national cultural identity, serving a variety of learning, cultural activities, playing
and entertainment needs of the people, contributing to repelling social evils and crime,
especially crimes that violate human dignity and honor - the crime group which is most
clearly influenced by culture and education, therefore enhancing the spirit of solidarity
among the population, ensuring social order and safety.
in implementing organizing social management measures: create a strong flow
of change in social order and safety, maintain legal discipline, build a clean and healthy
living environment as well as a civilized lifestyle, live and work according to the
Constitution and the Law, significantly reduce all types of crimes, including crimes that
violate human dignity and honor, effectively serving the goal of national construction
and development; raise awareness of respecting the law in the community, promote
community spirit and creativity at grassroots levels in crime prevention and control;
improve the effectiveness of administration and management of the Government and
authorities at all levels in the country administrative management of social order and
crime prevention. The coordination between departments and unions in managing,
sensitizing, and educating the criminals to gradually falls into order. The movement of
all people to protect national security is increasingly promoting practical effectiveness

in the fight against crimes; Among the people, more and more good examples appear,
individuals of effective self-management and self-defense are highly appreciated by all
levels; Through the work of launching the movement, people increasingly believe, trust,
and actively support the Police force to complete its tasks. Among the people, many
exemplary examples emerged who courageously denounced crimes and were praised
and rewarded.
3.4.2. Limitations in the practice of preventing crimes that violate human
dignity and honor
In the socio-economic field: Those who commit crimes that violate human
dignity and honor are mainly unemployed, self-employed and unskilled workers,
accounting for 89,9%.
In cultural and educational field: The quality of human resource training does
not meet the city's development and integration needs, unemployment rate is high, the
academic level is low; the guarantee of the implementation of children's rights,
protecting and avoiding the risks of sexual abuse and violation of children's rights for a
group of children during the immigration process in the city still face difficult
challenges.
In organizing social management: Although the coordination of departments
and unions in the City in recent times has seen many positive changes, it has not yet