Các tội xâm phạm nhân phẩm, danh dự của con người theo pháp luật hình sự Việt Nam (1)

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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

VU HAI ANH

OFFENSES AGAINST THE DIGNITY
AND HONOR OF THE PEOPLE UNDER
VIET NAM PENAL CODE
Major: Criminal law and criminal procedure
Code: 62 38 01 04

ABSTRACT OF JURIS DOCTOR'S THESIS

HANOI - 2017

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The works is completed at:
Vietnam Academy of Social Sciences
Graduate Academy of Social Sciences

Scientific Instructor: Ph.D. Tran Van Do
Counter - argument 1: Ph.D Tran Dinh Nha

Counter argument 2: Ph.D. Hoang Thi Minh Son

Counter - argument 3: D. Nguyen Van Hien

The thesis shall be protected in front
of Examination Council of Academy level at
at………..hour…………minute, date………month……….year……

The thesis can be available at library:
- Vietnam National Library
- Library of Vietnam Academy of Social Sciences
LIST OF PUBLISHED SCIENTIFIC WORKS

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1. Vu Hai Anh (2015), Some entanglements in judgment of raping childrens who are less than 13
and these case are incestuous. Magazine of law occupication, No.: 01, page 43 - 47.
2. Vu Hai Anh (2016), Some new points of Criminal Code 2015 about sexual crime, .Magazine of
law occupication, No.: 03, pages 32 - 36.
3. Vu Hai Anh (2016), Some theory matters regulated on making intercourse or having sex with
children who are from 13 to under 16, Investigation magazine, No.: 17, pages 30 - 34.
4. Vu Hai Anh (2016), New points of the crimes infringing upon human dignity and honour under
the 2015 Criminal Code, Jurisprudence journal, Special issue on the 2015 Criminal code, pages 3 8.

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INTRODUCTION

1. The urgency of the subject
Crimes against human dignity are dangerous acts to society, which not only
infringe healthy growth of people, but also mentally hurt victims and their family.
These criminal behaviors have negative impacts on community by indignant and
controversial cases. Recently, the nature and extent of human dignity violations are
becoming more and more serious which implies the moral degradation of some
groups of people, affects on community rules, ruins morality and becomes one of the
most-concerned issues in the society.
Regulations of Penal Code in 1999 are legal basis in tackling cases of human
dignity violation. Yet, there is some inadequatenesses of Penal Code that leads to
difficults and obstacles in related regulation application. Therefore, our current
society has urgently required to undertake scientfically, wholly and systematically
theoretic and practical studies in which crimes against human dignity are researched
in terms of legal signs, insufficiences in judgement procedure and relavant causes,
then solutions shall be built to complete legal regulations and they can be applied
effectively. Consequently, the author has chosen the thesis “Offenses against the
dignity and honor of the people under Vietnam penal code” to carry out the project.
2. Purpose and duty
2.1. Purpose of the project
On the basis of clarifying theoretical and legal aspects of crimes against human
dignity and the status of applying related regulations from 2005 to 2015, the project is
aimed to propose solutions which ensure proper application of crimes against human
dignity-related regulations.
2.2. Duty of the project
In order to reach all the forementioned purposes, the project is focused on:
analysing theoretical aspects concerned to crimes against human dignity, analysing
related regulations in Penal Code of Vietnam, revising application of related
regulations and giving out solutions for proper application of these regulations.
3. Object and scope
3.1. Object of the project

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The thesis is focused on researching scientific viewpoints about legal signs of
crimes against human dignity, related regulations of Vietnam, practical application of
these regulations from 2005 to 2015.
3.2. Scope of the study
The study shall be carried out based on Penal Code and Code of Crimial
procedure during the period from 2005 to 2015 all over Vietnam.
4. Methodology and research methods
The project applies dialectical materialism and historical materialism of
Marxism – Leninism, Ho Chi Minh Ideology, views of our Party and the Government
related to crimes and penalties and the fight against crimes as the methodology of the
research.
The project use varied method in research, such as analysis, synthesis,
statistics, diagrammation and comparison.
5. New scientific contribution of the project
For approach viewpoint: Based on the dialetics of Marxist philosophy, the
project conduct studying the thesis by variety of approach methods and being focused
on mutlisectoral approach (in sociological legal view) and right protection-based
approach.
For method: All the methods used in this project as mentioned at section 4 of
introduction part are mutual supportive and independent which enable to clarify
theoretical and legal aspects on crimes against human dignity. These methods are
applied to revise practical application of related legal regulations then promote
solutions for proper application of these regulations in the next time.

In general, the project is a profound study that researches crimes against human
dignity all over the country. The project has been built a system of theory and law
concerned to crimes against human dignity. In order to make this system become a
useful weapon in the nexty time, the projects has been established solutions for
proper, scientific-based and realizable application of these regulations.
6. Scientific and practical significancies of the project
- The project has clarified theoretical aspects and analysed evidently
regulations in crimial laws of Vietnam concerned to crimes against human dignity.
Regulations in Penal Code are perceived in varied ways (multisectoral and

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intersectoral approach) so that the role and purpose of laws are essential to human
growth and protection. Hence, the project may be used as lecture or reference in
criminal major and related ones.
- The project may be used as reference for legislative agencies, social groups
and citizens join in discussing to amend or append to regulations in Penal Code and
Criminal Judgement Law of Vietnam.
- The project has supplied theoretical and pratical basis for legal application as
well solutions for proper application of regulations related to crimes against human
dignity. Consequently, the results of the project may be used as a perception unifying
mean of legal regulations concerned to crimes against human dignity that contributes
in resolving weaknesses and questions of practical application. Therefore, it helps to
increase effect of anti-crime mission especially crimes against human dignity.
This is the first doctorally scientific research that has approached wholly and
systematically crimes against human dignity.

7. Abstract
Introduction
Chapter 1. General research situation;
Chapter 2. Theoretical and historical aspects of crimes against human dignity;
Chapter 3. Regulations of the Penal law Code in 1999 and the practical
application of the provisions on the infringement dignity and honor of human;
Chapter 4. Solutions for proper application of regulations related to crimes
against human dignity;
Conclusion

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CHAPTER 1
GENERAL RESEARCH SITUATION
There has been many research researches concerned to crimes against human
dignity so far.
1.1. Domestic research situation
Researches engaged in general theoretical aspects about crimes against human
dignity: The author of the projects has refered to criminal law lectures, Scientific
reviews of Penal Code, jurisprudence essays and articles. The authors of these
documents have analysed and clarified theoretical aspects of criminal law, criminal
issues, penalties which has become basis to perceive all of the related regulations.
Besides, theoretical and political aspects of human rights and legal mechanism for
protecting human rights in the world and Vietnam have been comprehended. These
researches have brought practical value and benefit during the completion of the
project.

Researches engaged in practical application of regulations related to crime
against human dignity: All of the refered researches have enabled the author to create
a total perspective of application of regulations related to crime against human
dignity. Not only having analysed the situation of application, the authors have
analysed and clarified causes that lead to difficults to application, such as legal
weaknesses, poor qualification of related staff.
Researches engaged in solutions for completion of regulations related to crime
against human dignity: The thesis is aimed to give out solutions for proper
application of regulations related to crime against human dignity. Hence, the project
is based on issued scientific researches concerned to solutions for proper application
of regulations related to crime against human dignity.
In general, forementioned researchess have clarified many aspects related to
crimes against human dignity. These shall be documents that enable the authors with
new perception in crimes against human dignity and is beneficial to the project.
1.2. Foreign research situation
To uphold successfully a doctoral thesis, it is required to master domestic
research situation as well as foreign research situation in order to compare, contrast
among them and create theretical and practical basis for related aspects of the project.

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Thre has been a great deal of researches related to crime against human dignity in the
world. The author has refered to those researches which are involved in criminal law
theory, human rights namely thay human dignity, legal mechanism for human rights
protection including moral rights.
Therefore, it can be stated that not only in Vietnam, crimes against human

dignity is a specially concerned subject of researchers in the world. Approaching
these researchess, the author of the project has got a broader perspective of crime
against human dignity.
1.3. Review of thesis-related research situation
Through researching domestic and worldwide scientific studies related to crime
against human dignity, the author finds that the researches are conducted in varied
view and extend in term of some groups of related crimes. Nevertheless, there are
some divergent points inside these researches. Thus the author intends to acquire the
advantages and handle unresearched aspects or insufficient and too general aspects.
Sub-conclusion of chapter 1
Actually, crimes against human dignity is one of the most popular crimes.
There has been many researchers leading researches related to this subject in many
aspects all over Vietnam and the world.

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CHAPTER 2
THEORETICAL AND HISTORICAL ASPECTS OF CRIMES AGAINST
HUMAN DIGNITY;
Dignity is human worth and the appreciation of society towards a person based
on his mind and morality. Human dignity is sacred and precious that no one has right
to abuse or hurt.
2.1. Concept of crimes against human dignity
2.1.1. Dignity and honor of the people
Every person living in society have different rights, one of which is a personal
right. According to law, moral rights are civil rights, inherent to each individual and

can not be transferred to another person, namely: honor, dignity, reputation and honor
... Dignity are two different moral categories but have mutual relationships. Dignity
as human values, and honor is the result of the process of building and protecting
human dignity. It is the elements that make up the value of a human being.
2.1.2. The offenses against the dignity and honor of the people
Human dignity violation is appeared in different behaviors. Regulations
specified in Penal Code have become legal basis for struggle against seriour
behaviors against human dignity. Based on the concept of crime defined at Article 8
of Penal Code: “Crimes against human dignity are acts dangerous to the society
prescribed in the Penal Code, committed intentionally or unintentionally by a person
having the penal liability capacity, infringing upon dignity of other people”.
2.2. Legal signs of crimes against human dignity
2.2.1. Object of crime
Object of crime is social relationships that are protected by Penal Code and
infringed by criminal behaviors. Object of crimes against human dignity is human
rights, particularly human dignity.
2.2.2. Objectively of the crime
Objectively of the crime is present outside of the crime, including the
expression of crime occurs or exists outside the objective world, which is the
objective behavior of crime; dangerous consequences for society; a causal
relationship between human behavior and the objective of the criminal consequences
dangerous to society; the other symbols of the objective of the crime as a tool and

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means of crime, crime time and place of crime ... The objective of the offenses

against the dignity and honor of man is characterized by objective behavior of crime.
It could be the act of dignity and honor of others; acts of slander; acts of sexual abuse
and acts of human trafficking.
2.2.3. Subject of crime
Subject of crime is person having the penal liability capacity, reaching legal
age and conducting specific criminal act. Those criminal who conducts sex crime
such as rape and child rape is so far determined as specially sexual criminal, in which
men are regarded as subject and women are regarded as accomplice
2.2.4. Subjective of crime
Subjective of crime is psychological processes inside of offenders include: bug,
engines and criminal purpose. The fault of the offender in the group trespassing
dignity and honor of the people are directly willful misconduct. The offenders are
aware of their behavior is risky behavior for society but because the motives and
purposes which are keen to implement the behavior.
2.3. Generally historical legislation related to crimes against human
dignity
2.3.1. From after August 1945 Revolution to before Penal Code in 1985
taken legal effect
After August revolution 1945 to the before Penal Code in 1985 taken legal
effect Since the success of the August Revolution to the time of the first codification,
our State has issued many legal documents punish criminal offenses in the new social
conditions, including many provisions relating to the crimes groups dignity and honor
of the people. Every year, the People's Court issued the final report in order to draw
on experience. In 1967, a document with important implications in the treatment of
offenses against the dignity and honor of the people (but only focused about sexual
crimes) were summarized and guidance Map way rape trials and other crimes of
sexual terms (number 329-HS2 May 11, 1967) of the Supreme people's court. This
summary description of the legal signs of crime and mentioned some aggravating or
extenuating the penalty materialized.
1975 reunification. In order to resolve the legal basis of the act causing

immediate loss of value of social security, dated 15.03.1976 Council Provisional

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Revolutionary Government of South Vietnam Republic promulgated Act No. 03 /
SL- 1976 specifies the offenses and penalties to be applied in the South of Vietnam,
including provisions on the crimes of the dignity and honor of the people. Overall,
the legal handling of criminal offenses against the dignity and honor of the missing
person, the trial court mainly to policies of the Party and the Government, according
to the case-law through review and guidance of the Supreme people's Court but only
focuses on sexual crimes.
2.3.2. The period from when the Criminal Code in force until 1985 prior to
the Penal Code in 1999 have legal effect
Penal Code in 1985 by Congress VII 06 through May 27, 1985 at the 9th
session and takes effect from 01 May 1986. This is 01 the first Criminal Code was
enacted in our country on the basis of codification the criminal legal documents were
issued earlier. In the 1985 Penal Code, the offense of violating the dignity and honor
of man is defined in chapter 2 section includes the crime of crimes: rape (Article
112), the crime of rape (Article 113), sexual intercourse offenses a person under 16
years of age (Article 114) and trafficking in women (Article 115); also guilty
poaching, trading or swapping of children are stipulated in Article 149 of the Penal
Code in 1985 in Chapter 5 - The trespassing to marriage and family regime and the
crimes against minors. Regulation of this crime are also changing and more and more
complete to meet the requirements of the new situation.
2.4. The offenses against the dignity and honor of the people according to
the provisions of the criminal law in some countries in the world

2.4.1. The offenses against the dignity and honor of the people under the
Criminal Code of the Russian Federation
Criminal Code of the Russian Federation State Duma is through May 24, 1996,
the Federal Council approved June 5, 1996. In it, the crimes of the honor and dignity
of human beings is defined in Chapter 17 - The offenses against freedom, honor and
dignity of individuals and Chapter 18 - The offenses against sexual freedom. The
provisions on the crimes of the dignity and honor of the people in the Penal Code and
the Criminal Code of the Russian Federation Vietnam have many similarities. In
particular, we can see, the criminal legal-technical and technical general building
regulations on the crimes of the dignity and honor of the people in Vietnam in

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particular, is subject to the influence of the Federal Russia should the penalty
provisions of the basic frame and aggravation as well as many aggravating factors are
the same framework. Moreover, many provisions in the Criminal Code of the Russian
Federation and Vietnam is no difference as the names crimes, crimes arrangement in
each chapter of the Code.
2.4.2. The offenses against the dignity and honor of the people under the
Criminal Code Federal Republic of Germany
Unlike Vietnam Penal Code, the Penal Code of the Federal Republic of
Germany, the crimes of the dignity and honor of the people are regulated in many
chapters. Sexual crimes are defined in the 13th chapter, the private part of the PC
with the name of the offenses against sexual self-determination included 26 laws
(Article 174 to Article 184g); the offense of human trafficking is defined in the
chapter of offenses against personal freedom (Chapter No. 18, own section of the

Penal Code) with four rules (Articles 232, 233, 233a, and Article 236); other crimes
infringing the dignity and honor of the people known as the crime of insulting the
provisions of Chapter 14 separate section covers some typical offenses such as
insulting, defamatory Crime; Slander. The Criminal Code offenses in the Federal
Republic of Germany is separated from the special case of multiple offenses.
2.4.3. Crimes against human dignity on Sweden Penal Code
Swedish Penal Code was adopted in 1962, entered into force on January 01 st
1965 and the first amendment was taken on May 01st 1999. Crimes against human
dignity have been specified in many chapters of Swedish Penal Code. Specially, sex
crimes are defined in chapter 6 with 15 articles of crimes; human trafficking crimes
are defined in chapter 4 which is included of crimes against freedom and peace;
crimes against human dignity are defined in chapter 5 with 5 relevant articles. It is
different from Penal Code of Vietnam and other countries, Sweden one is not
specified name of crime at the title but described criminal behaviors and name of
crime inside each of article.
Sub-conclusion of chapter 2
Crimes against human dignity were firstly specified in Penal Code in 1985
which has an important criminal legislation significancy. These regulations have been
amended or appended by the time to adapt the changes of social and economic

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circumstances. On the basis of refering to legislative experinces of some countries
and studying Vietnam criminal legislation history related to crimes against human
dignity, it is helpful to complete current relevant legal regulations.

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CHAPTER 3
REGULATIONS OF THE PENAL LAW CODE IN 1999 AND THE
PRACTICAL

APPLICATION

OF

THE

PROVISIONS

ON

THE

INFRINGEMENT DIGNITY AND HONOR OF HUMAN.
To be able tostudy comprehensively and overall the matters of the researched
topics, the thesis authors defineto analyze the provisions of the applicable Penal Code
to the offenses against the dignity and honor of the people, let it show the legal
mechanisms of human rights in protection, that is relate to the personal rights, dignity
and honor of the people by the criminal law.
3.1 The offense of violating the dignity and honor of the human according
to the Criminal Code in 1999

3.1.1. The circumstances of the crime of violating the dignity and honor of
the human
The Penal Code in 1999, the offense of violating human dignity, human honor
are regulated inChapter XII, the social crimes group that is violated to the life, health,
dignity and honor of the people, included ten rules: from Articles 111 to Article 116
and Articles 119 to 122 of the all Articles in Penal Code
3.1.1.1. The Groups of sexual crimes
The Groups of sexual crimes of the Penal Code in 1999 included six law
articles and six counts;they are: the guilty of sexual assault (Article 111), the crime of
child rape (Article 112), the crime of rape (Article 113), the crime of rape with
children (Article 114), sexual intercourse with child crime (Article 115) and salacious
crimes against children (Article 116). In general, these criminals are built by
lawmakers as CTTP form. Therefore, the circumstances of this criminal offense are
stipulated in the Penal Code in 1999, related to the behavior of the criminal objective.
Overall, the objective behavior of this crime is defined as the following behavior
forms:
Firstly, the act of sexual intercourse with the victim: Although the Penal Code
in 1999 does not describe how is the mating behavior, actually in our country so far,
in theory and in practice, are admitted the copulatory behavior according to the
instructions of summary and guide to judge the rape and the other crimes about the
sexual side No HS2 329 dated 05 May 11 1967 at the Supreme people's court.

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Secondly, the lewd acts against the children: This is the circumstance of the
salacious crimes against children (the only crime in the criminal group for no

committing acts of sexual intercourse). This behavior is interpreted as sexual acts,
not as the act of copulation. These behaviorsare the characteristics ofsatisfying or
provoking, stimulating sexual desire
Thirdly, about the criminal tricks: the tricks of sexual crimes are varied that is
depended on the kinds of crime. Overall, the crimial group has some tricks such as:
violence, threatening to violate, taking advantage of the situation can not be the
victim of self-defense, threat or promise to the people who depended on them or in
the context of deprivation stituation forced them to have sexual intercourse
reluctantly or the others (like abusing woman in a state incapable of expressing the
corrected spirit properly, or abusing the woman is intoxicated or mentally ill...). Be
diferente from the above tricks, Only the crimes intercourse with children, due to
theobjectively criminal behavior is a voluntary sexual intercourse,The offenders don’t
need to useany tricks to carry out their criminal hostilities.
3.1.1.2. The other crimes violate the dignity and honor of the people
The other crimes violatethe dignity and honor of the people in the Penal Code
in 1999 include four law articles such as: human trafficking (Article 119); trafficking,
fraudulently child exchanging or child usurping (Article 120); humiliating others
(Article 121) and slander (Article 122).
Similar to the sexual crimes, these criminals are also built by lawmakersas the
CTTP forms so the criminalcircumstancesof the offenses areprescribed in the
Criminal Code in 1999 that is related to the objectivly criminal behaviors. On the
overall, the objective behavior of this crime is included the following forms of
behavior:
Firstly, the human trafficking: These are the action of using money or the other
means of payment such as gold, foreign currency ... to traffick the human as a
commodity (if trafficked human’s age is over 16 years or more, this behavior will
constitute the crime of human trafficking, if people are trafficked under 16 years of
age, this behavior constitutes child trafficking)
Secondly, fraudulently child exchanging or child usurping: fraudulently child
exchanging is understood as the action of duplicity these kids with the others whose

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parents or both of a child don’t not know. The child usurpingis understood as the
action of Illicit child separation from the management of the family or legal managers
or to establish it for yourself or others by different tricks like stealthy, deception or
using of violence...
Thirdly, the nature behavior seriouslyviolate the human’s dignity and honor:
These forms of expression of this behavior are varied, may be abused languages,
humiliating, disdaining tomake the human’s honor lower, dignity as verbal abuse,
ridicule ... or maybe the nature infamous gestures or attitude insult to the dignity and
honor of others seriously.
The fourth, slanderous behavior: theslander is defined under three types.
Firstly,the behavior is fabricated to offend the honor or to cause damage to the rights
and legitimate utility of others. Secondly, the spreading the information that knows to
be fabricated to offend the honor or to cause the damage to the rights and legitimate
utility of others. Thirdly behavior is another fabricated crime and accused them
before the state agencies
3.1.2. The frame of aggravating circumstance of the crimes that violates the
human’s dignity and honor.
The offenses violate the human’s dignity and honor that is regulated from
Article 111 to Article 116, and fromArticle 119 to Article 122of the Penal Code in
1999.
3.1.2.1. The sexual crimes
In general, the frame of the aggravating circumstances of sexual crime groups
are similar, including the specific circumstances: the organized crimes; be guilty of

whom is responsible care, educated and treated by offenders, many people rape a
person or the persons raped a person; they repeat the infringements frequently;
incestuous nature; make the victimpregnant; be bad effect to thevictim’s health with
an infirmity rate from 31% to over 60%; relapse dangerously; to cause the harm of
thevictim’s health with an infirmity rate more than 61%; had HIV who still sin; cause
the victim died or make them killthemselves; raped multiple times and lot of persons;
causing serious consequences (serious consequences or especially serious
consequences).
3.1.2.2. The other crimes infringing the human’s dignity and honor

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The other crimes infringing the human’s dignity and honor of the Penal Code
in 1999 include the four articlessuch as: human trafficking (Article 119); trafficking,
fraudulently child exchanging or child usurping (Article 120); humiliating others
(Article 121) and slander (Article 122).
In general, In general, the frame of the aggravating circumstances of sexual
crime groups are similar, including the specific circumstances: on the purpose of
prostitution / to use as the prostituted purposes in organization; in a professional
nature; to take the body parts of the victims to the foreign countries; for many people;
they repeat the infringements frequently; for despicable motivation; to be used for
inhuman purposes; relapse dangerously to cause serious consequences; repeated
infringements many times; for many people; take the advance their positions and
powers; for the people who is on their duty; who teaches, takes care and
healsthemselves (For grandparents, fathers, mothers, who teaches and educates,takes
care and healsfor themselves).

3.1.3. Penalties for the guilities to the human’s dignity and honor.
The guilities to the human’s dignity and honorare regulatedfrom Article 111 to
Article 116, and from Article 119 to Article 122 of the Penal Code in 1999.
3.1.3.1. Group of the sexual crimes
For this crime, the popular imprisoned punishment with many different levels
the lowest is six months, the highest is 20 years in prison. The most severe
punishment for this crime is the death for the crime of child rape. In addition to death,
life imprisonment is prescribed as the most severe punishment for the crime: rape,
child rape. The remain guilities have the penalties at lower level.
3.1.3.2. The other crimeGroups infringing the human’s dignity and honor.
Theseoffender is generally punishment lower than the sexual offender. The
most severe penalty is life imprisonment prescribed for the human trafficking,
trafficking, fraudulently child exchanging or child usurping. The warning and reform
custodial punishment is prescribed in the humiliation and slander others.
3.2. Practical application of the provisions on the violation to the human’s
dignity and honor
To appreciate the comprehensive and practical application of the provisions on
the violation to the human’s dignity and honor, the author of the thesis is based on

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trial data on this crime group to study the situation of trial the crimes of the human
dignity and honor.
3.2.1. The trialsituation for violating the human’s dignity and honor
According to statistics of the high Court from 2005 to 2015,the The People's
Court system has trial 18,794adjustcatoriesfor 23,416 cases,with the violating the

human’s dignity and honor. When assessing the crime situation of a specific crime,
we can not ignore the crime index is the comparison of the cases, the number of
criminal persons that the total number of cases, and the number of culprit that
occurred at the same period. From the statistics of Table 13 in Appendix 1, can be
seen the crime proportion ofviolating to the human’s dignity and honor from 2005 to
2015 is not high, comparision with total the cases and the number of defendants. In
comparision the guilitis of the human’s dignity and honor with the group of offenses
against the human’s life, health, honor and dignity that show us the overviewed
picture should be studied.To look at the statistics of the Supreme People's Court and
to find out the number of the group crimes that is violatedthe human’s life, health,
honor and dignity during 11 years, it is decreasing or increasingly in every year, but
generally, it increases seemly. (to see at the table 12 in appendix 1; chart 12, chart 13
in appendix 2).
3.2.2. Practicallycondemn the trespassing the human’s dignity and honor
Thiscondemnation is a cognitive activity, the application of the criminal law
come to achieve the truth objectively on the basis of correctness, completeness and
specific circumstances of the offense was made. In fact, the judge basically
understand the theoretical issues about the crimes done relatively well and this
activity should be the majority in the case to trial, surely the condemnation is the
right people, the true crime without doing injustice to the innocent. Besides, the
practice of crimes cause the arising difficulties, much of this offense but the
competent authorities have trial the criminal offenders wrongly and vice versa. In
particular, the same offense but we has the different views andthe different decisions
of various crimes, mostly we focus on the problems such as wrong or inconsistent in
setting condemnation or crimes of the aggravating circumstances frame; wrong or
inconsistent in determining the stage of implementation of crime.

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3.2.3. Practicalcondemnation for the offenses against the human’s dignity
and honor
The penaltydecision is one of the basic period of the process of applying the
law. The fact of the trial during recent times for the crimes of the human’s dignity
and honor that show, when thwy give the decision of the punishment, the court is
always based on the crime decisions regulated in Article 45 Penal Code to make an
appropriate judgment, commensurate with the nature and degree of social danger of
the act. However, besides the positive achievedresults, as well as the impeachment
comment to apply penalties for some defendants with certain restrictions that
maketheinconsistent penalties; mainly on the incorrect application of the aggravating
circumstances, the criminal responsibility in Article 48 of the Penal Code to
determine the punishment; the unsuitably applicable regulations is lighter than the
penalty decision Article 47 of the Penal Code non-appropriately.
3.2.4. The cause of the limitations and obstacles in the application of the
regulation on the offenses of the human dignity and honor.
The application of the law regulations on the offenses against the human’s dignity
and honor, mainly the condemnation and penalty decisions that have achieved the
certain results, it contributes to ensure the criminal law is an effective tool to maintain
social stability. However, as discussed above, the practical application of the provisions
of the criminal law for this group is facing some difficulties and the fixed problems. The
cause of the difficulties and problems that come from many different areas, but mostly
due to the scholarship the following: the cause of the unreasonable provisions of the
Penal Code on this criminal group; the reasons are from the instruction activity of the
application of the law in non consistency, on time and comes from others, related tothe
staff who apply the law, from the propaganda and popularization of laws...
Sub-conclusion of chapter 3
The offenses against the human’s dignity and honor is one of the criminal

groups have more complicated in recent years in our country. Through practical
research in thetrialcondemnnation of this crime shows that the adjudication of the
crimes the human’s dignity and honor, in general,we judge the right persons,
rightcriminal offense, in accordance with the legally rules, and strictly, to ensure
educational purposes as well as the general criminal liability and punishment in

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particular. Besides, there exist some cases that has no consistency in the application
of the law between the agencies and theprocedural law. The main cause of these
problems is due to the above-mentioned provisions of the current law on this crime
group has some gaps andlimited legislative technique, it bring the different
interpretations between the agencies and theprocedural law so the practical
application isnon-appropriatelyamong localities.

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CHAPTER 4
MEASURES TO ENSURE THE CORRECT APPLICATION OF THE
PROVISIONS OF CRIMINAL LAW ON OFFENSES AGAINST THE
DIGNITY AND HONOR OF THE PEOPLE
4.1. Need and direction to complete criminal law and measures to improve

application efficiency of provisions of the criminal law on offenses against the
dignity and honor of the people
Viet Nam Penal Code 2009 was approved in the 10 th National Assembly, 6th
session on December 21, 1999 and announced by the President on January 04, 2000
and become effective since July 01, 2000. After 15 years of implementation, Viet
Nam Penal Code 2009 has proven to be an effective tool to protect the State and the
regime, protection of legal rights and interests of citizens. However, practical
application of the Penal Code in 1999 shows certain problems and shortcomings.
Therefore, on November 27, 2015, at the 10th session, 13th National Assembly,
Penal Code 2015 was passed to limit and overcome above problems and
shortcomings of Penal Code 2009. During deployment and implementation of Decree
No. 109/2015/QH13 of National Assembly on implementation of this Code, relevant
authorities have discovered and shown a number of technical shortcomings, some
unreasonable provisions or difficulties in application of Code. Therefore,
improvement of criminal law has become an urgent issue, specifically amendment of
Penal Code 2015.
Amendment and suppementation of Penal Code 2015 shall ensure an inclination
to the good in dealing with offenders, respect and ensure the full implementation of
human rights in the Constitution of 2013.
4.2. Measures
On the basis of empirical research of application of legal regulations on
offenses against the dignity and honor of the people as well as analysis of causes of
difficulties and problems in the practical application of the law, author of this thesis
provides some measures to contribute to ensure correct application of laws on this
crime group.

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4.2.1. Improvement of criminal law
To ensure effective application of the provisions of the criminal law of the
offenses against the dignity and honor of the people, improvement of relevant
provisions under criminal law has become an essential need. The followings are legal
bases for ensuring united and logical application of laws..
4.2.1.1. New provisions in Penal Code 2015 on offenses against the
dignity and honor of the people
Compared to the Penal Code 1999, there are some changes in regulations on a
number of offenses among group of offenses against the dignity and honor of the
people.
Firstly, as for objective acts of sexual abuse crimes: Under current Penal Code
(Penal Code 1999), as for sexual abuse crimes, behavioral signs of sexual intercourse
with the victim (except Obscenity against children under Article 116 of the Penal
Code, 1999) are the same. As discussed in Section 3.1.1.1, the concept of sexual
intercourse act in Conclusion sheet No.329 was no longer appropriate. Penal Code
2015 does not change connotation of sexual intercourse act but amends it in the
direction of supplementing "have a sexual intercourse or perform other sexual acts".
Secondly, as for objective behavior of Trafficking in persons (Article 150 of
the Penal Code 2015) and Trafficking in persons under 16 years of age (Article 151
of the Penal Code 2015): Penal Code 2015 provides the following amendments in the
direction of specifically describing type of behaviors under human trafficking
including: 1. Acts of transfer or receipt of persons to deliver, receive money, assets or
other material benefits; 2. Acts of transfer or receipt of persons for sexual
exploitation, labor enforcement , stealing of victim's body parts or for other inhuman
purposes; 3. Recruiting, transporting, harboring other persons to perform the acts
mentioned above. In addition, the Code also supplements cunning signs of "Using
force, deception or by other means" in constituting a crime. Objective acts of
trafficking in persons under 16 years of age are similarly amended.

Thirdly, the Penal Code 2015 supplements two new crimes under the group of
offenses against the dignity and honor of the people including crime of using people
under 16 years old for the purposes of pornography (Article 147 of the Penal Code)

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and crime of doing business, usurping human's tissue or body parts (Article 154 of
the Penal Code).
4.2.1.2. Measures to improve regulations of Penal Code 2015 on
offenses against the dignity and honor of the people
The Penal Code 2015 provides comprehensive amendments of limitations and
shortcomings of the Penal Code 1999 but the author finds that there remains a
number of provisions which need to be improved more to create a firm legal corridor
for resolving offenses against the dignity and honor of the people.
First of all, it is required to change "have a sexual intercourse or have other
sex action" into "perform sexual acts" and explain what a sexual act is in Guidance
Documents because sexual intercourse is also a form of sexual act.
Secondly, it is required to change "the contrary to the Will of the victim" Into
"without the consent of the victim". Under this PROVISION, thay proving facts show
có mà performance of sexual act is the contrary to the Will of the victim, only
proving mà signs and expressions of the victim make offenders think là victim to
agree to have a sex. Moreover, in terms of the victims, instead of requiring them to
narrate what happened to prove their disagreement, it should aim at the offense and
the offenders by forcing the offenders to narrate what happened to clearly state which
detail makes them to think that the victims agree to have sex with them. This change
will help the victims not feel hurt again during criminal investigations.

Thirdly, as for modification of victim's age in the crime of sexual intercourse
with children between full 13 and under 15 years old. In accordance with Article 115
of the Penal Code, the victims in the crime of sexual intercourse with children are
between full 13 and under 16 years old. Based on study of a number of judgments of
this crime, the authors found that most of the cases the offenders are lover, fiancé or
even later husband of the victim. Besides, the age at which people start to have sex in
Vietnam is being decreased. The author argues that regulation on the age of victims
in the crime of sexual intercourse with children between full 13 and under 16 years
old in current period is not really appropriate..
Fourthly, it is required to criminalize act of sexual harassment. This act is
relatively common at present. It may occur in workplaces, schools, streets, means of
transport and other public places. It may include teasing, threatening calls or obscene

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and cyberbullying. In many cases, harassment is continuous for a long time seriously
affecting the lives of harassed people, even making them demoralized and frightened.
4.2.2. Guidance on the application of criminal law
To ensure effective application of provisions under criminal law on offenses
against the dignity and honor of the people, it is necessary to focus on guidance on
application of laws. Provisions included in Penal Code 1999 and a number of new
provisions included in Penal Code 2015 are not really clear and easy to make
different understandings. Therefore, the authors suggest that the competent
authorities should quickly compose guidance documents to make these provisions
clearer. Specifically, guidance on the subject of rape, child rape; guidance on
performance of other sexual acts; guidance on salacious behavior; guidance on signs

of serious offending in humiliation of people.
4.2.3. Summary of practical application of criminal law
To ensure effective application of the provisions of the criminal law on
offenses against the dignity and honor of the people, it is required to strengthen to
summarize practical application of criminal law. Life in general and crime situation
in particular are always changing with complicated happenings, so the criminal law
cannot sometimes anticipate all the separate criminal cases. Therefore, regular
summary of practical application of criminal law will help to timely propose
directions and ways of judging special cases with various interpretations and
inconsistent solutions.
Courts at various levels should periodically summarize cases judged by them,
report competent authorities on difficulties to learn from experiences as well as
provide united guidances applied for all courts. As for complex cases with many
different perspectives, interpretations and solutions, the Supreme People's Court
should provide united guidance applied to all courts to ensure fair judgement, right
people, and right crime at every locality.
4.2.4. Capacity improvement for officials applying criminal law
To help ensure effective application of the provisions of the criminal law on
offenses against the dignity and honor of the people, it is required to improve
capacity of the officials applying criminal law. The competent authorities should
regularly organize training courses to improve knowledge and skill for the officials

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working in agencies of legal proceedings in order to raise responsibility and
qualification such as investigative agencies, procuracy and courts. On the other hand,

it is also necessary to develop a policy on commendation and reward as well as
improvement of skill for the officials; policies on remuneration and other allowances
so that they may be happy to work, improve knowledge, skill and ensure a strict, fair
and objective application.
4.2.5. Other measures
It is necessary to focus on propagation and dissemination of law on the
protection of and respect for dignity and honor of people. Specific measures may be:
further strengthen communicate and propaganda content of legal documents such as
Criminal Law, the Law on Gender Equality, Marriage and Family Law, the Law on
Protection, Care and education of children ... to raise people's awareness of sexual
violence, human rights, personal rights. In addition, it should have measures to
enhance the parent's responsibility in management and education of their children;
improve efficiency of coordination relationship among legal proceedings agencies in
investigation, prosecution and trial of criminal cases in the offenses against the
dignity and honor of the people. Besides, the competent authoritues must strictly
judge the offenses against the dignity and honor of the people under laws and
organize travelling judgements as for these cases aimed at propagating laws to
people. Communication, education and dissemination of laws must be accompanied
by specific and practical measures to raise legal awareness of the offenses against the
dignity and honor of the people for both officials and citizens, agencies and unions..

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