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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
----***----

HUYNH TAN DAT

PREVENTING CRIMES OF OWNERSHIP INFRINGEMENT
CARRIED OUT BY JUVENILE IN THE AREA
OF HO CHI MINH CITY

Major: Criminology and Crime Prevention
Code : 62.38.01.05

SUMMARY OF LAW PHD THESIS

HANOI - 2017


This dissertation completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES

Academic supervisor: Assoc.Prof.Dr. CAO THI OANH

Reviewer 1: Assoc.Prof.Dr. TRAN DINH NHA
Reviewer 2: Assoc.Prof.Dr. NGUYEN VAN HUYEN
Reviewer 3: Prof.Dr. HO TRONG NGU

The dissertation will be defended at the Council of doctoral
dissertation assessment of Graduate Academy of Social Sciences
- Time:…...hours, date………, month………..year 2017

The dissertation could be found at:
- Vietnamese National Library
- Library of Graduate Academy of Social Sciences.


LIST OF SCIENTIFIC WORKS OF THE AUTHOR
1. The role of education for crimes of ownership infringement carried out by
juvenile in the area of Ho Chi Minh City, Journal of Educational Management
Science, ISSN: 2354-0788, No 3 (07), September 2015.
2. Collaboration of legal support and lawful education dissemination in high
schools contributing to the prevention of juvenile offenders in in the area of Ho Chi
Minh City, Journal of Educational Management Science, ISSN: 2354 - 0788, No. 01
(09), March 2016.
3. Solutions to prevent juvenile offenders in in the area of Ho Chi Minh City,
Journal of Industry and Trade, ISSN: 0866-7756 No. 8, July 2017.
4. Some recommendations on the prevention of crimes of ownership
infringement carried out by juvenile in in the area of Ho Chi Minh City, Journal of
Industry and Trade, ISSN: 0866-7756 No. 9, August 2017.
5. There is no Birth Certificate, How to register Birth Certificate , Ho Chi Minh
City’s Law Newspaper, Wednesday, 05th November 2014.
6. Birth Certificate should be solved for children, Ho Chi Minh City’s Law
Newspaper, Tuesday, February 24, 2015.
7. To assist Household Registration Book is still difficult, Ho Chi Minh City Law
Newspaper, Tuesday, June 16, 2015.
8. There is no house, no guarantee: "Obstructing" Identity Card, Household
Registration Book, Ho Chi Minh City Law Newspaper, Saturday, June 11,2016.


INTRODUCTION
1. The rationale of the research topic

Due to the impact of many factors, so the situation of crimes of
ownership infringement does not tend to decrease but develop
complicatedly, tends to increase in terms of level, action, structure and the
nature of danger; robberies, burglary carried out by juveniles, causing
security disorder and confusion among people, the quality of life of people
is threatened, fear every time when going out; the state budget has to pay a
great deal for investigating, prosecuting, adjudicating and executing
judgments; crimes of ownership infringement not only infringe on
citizenship but its consequences are extremely serious about the lives and
health of the property holders. It is worrisome that among the offenders of
ownership infringement, the number juvenile delinquent accounts for
significant ratio. The situation in general and the crimes carried out by
juveniles in particular is complicated development, causing damage in
many aspects for social life is being a challenge for the Party and the city
administration. To accomplish the above purpose, the important task is to
do well the general prevention of situation of juveniles delinquent of
ownership infringement. For this reason, the author chose the topic
"Preventing of crimes of ownership infringement carried out by juvenile
in the area of Ho Chi Minh City" as a doctoral dissertation in
jurisprudence
2. Aims and research tasks
2.1. Research aims
On the basis of a systematic and comprehensive approach to the
prevention of crimes in general as well as the prevention of crimes of
ownership infringement carried out by juveniles in particular in both
theoretical and practical grounds, finding out difficulties, obstacles and
inadequacies in crime prevention activities, the dissertation proposes
measures and recommendations to improve the prevention activities of
crimes of ownership infringement in general and in Ho Chi Minh City in
particular.

2.2. The tasks of the dissertation

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To survey and evaluate the overall situation of research inside and
outside the country, general arguments about crimes of ownership
infringement carried out by juveniles.
Theoretical study on the prevention of crimes of ownership
infringement.
Assessing the situation of crime prevention activities in general of the
Investigation Police on social order crimes under Ho Chi Minh City’s
Police force, Ho Chi Minh Political System for crimes of ownership
infringement carried out by juveniles in Ho Chi Minh City in recent years,
the advantages, difficulties and causes of conditions of the crime and
proposed solutions to overcome.
3. Subject and scope of research of the dissertation
3.1. Research subject of the dissertation
The dissertation deals with theoretical and practical issues preventing
crimes of ownership infringement carried out by juveniles, causes for the
emergence and development of these crimes and suggests solutions to the
general prevention of Departments, branches, unions, socio-political
organizations, law enforcement agencies in the prevention, legal violation
of crimes of ownership infringement carried out by juveniles.
3.2. Research scope of the dissertation
- The dissertation is focused on the study of scope of criminology and
crime prevention, in which the research focus is on scope juveniles
committing ownership infringement.
- Spatial scope: The dissertation was surveyed in the specific area of
Ho Chi Minh City.

- Time Scope: The dissertation was studied from 2007 to 2015.
4. Methodology and research method
4.1. Methodology of the dissertation:
The dissertation was done on the basis of the materialist dialectics of
Marxism-Leninism and Ho Chi Minh's thought; guidelines and viewpoints
of the Party and the laws of the State of Vietnam on crime prevention, in
order to ensure social order and safety, including prevention of the crime
of ownership infringement carried out by juveniles in Ho Chi Minh City.
4.2. Research method
Research methods of the dissertation include:
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- Statistical method, annual review of the Investigation Police on
social order under Public Security of Ho Chi Minh City; People's Court of
Ho Chi Minh City; People's Procuracy of Ho Chi Minh City.
- Method of sociological investigation at the seminars, annual review
of the law enforcement agencies in the prevention and crime fighting.
- Method of analysis, comparison and synthesis.
- Method of survey and direct interviews juveniles committing
ownership infringement in prisons in Ho Chi Minh City, where the author
of the dissertation participate in the defense.
5. New contributions of the dissertation
- The dissertation studied the status of crimes of ownership
infringement carried out by juveniles in Ho Chi Minh City from 2007 to
2015.
- The dissertation has studied the synchronous system of preventive
measures for crime group of ownership infringement carried out by
juveniles in Ho Chi Minh City.
- The results of the dissertation will contribute to the clarification of

the status of crimes of ownership infringement carried out by juveniles;
cause, condition, the crime situation of this group aims to find out
solutions to effectively prevent the crimes of ownership infringement
carried out by juveniles in Ho Chi Minh city.
- The dissertation pointed out some short, medium and long-term
forecasts on the status of crimes carried out by juvenile in the coming time
in Ho Chi Minh City. Proposing basic solutions to prevent crimes of
ownership infringement carried out by juveniles in Ho Chi Minh city.
- The dissertation analyzes the advantages, difficulties, obstacles of
the situation of preventive activities for crimes of ownership infringement
carried out by juveniles in Ho Chi Minh city.
6. Theoretical and practical significances of the dissertation
6.1. In terms of theory
- The proposals and proposals of the dissertation can be used as a
reference for the authorities in the prevention of crimes of ownership
infringement carried out by juveniles.
- The research results of the dissertation can be used as a source for
studying, referencing, teaching and studying criminological subjects in the
system of training schools.
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6.2. In terms of practice
The study of the topic aims to propose a system of general preventive
measures for the society in the case of crimes of ownership infringement
carried out by juveniles in Ho Chi Minh City in particular.
7. Chapter layout of the dissertation
Apart from the introduction, the conclusion, the list of reference and
the appendices are organized as follows:
Chapter 1. Overview of the research situation.

Chapter 2. Theoretical issues on preventing crimes of ownership
infringement carried out by juveniles in Ho Chi Minh City.
Chapter 3. Current situation of prevention of crimes of ownership
infringement carried out by juveniles in the area of Ho Chi Minh City.
Chapter 4. Solutions to improve effectiveness of preventing crimes of
ownership infringement carried out by juveniles in Ho Chi Minh City.

Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
1.1. Research situation
1.1.1. Foreign researches
1.1.1.1 Research works on theoretical issues on crime prevention
carried out by juvenile
In the world, the issue of preventive theology on juvenile
delinquency has many works by the authors: Author Ueda Can of Japan
with work on violence in the high schools (Crime and criminological study
in modern Japan - translated materials, publishing house of the People's
Public Security, 1994); Crime Prevention Programs, Crime Prevention
Information among juvenile of the UK: Bob Ashford's Crime Prevention
strategy among juvenile 2007; Child-friendly investigations by foreign
authors in the Unicef, redited by Police Department for Criminal
Investigation of Social Order, General Department VI, Ministry of Public
Security, May 2007; Authors of GIXe-Tra-Rop in the body crime
prevention research (Criminal Research Science, Public Security Science
Institute, Hanoi, 1977) analyzed the criminological characteristics of
murder and serious injury.
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There are also studies on the theoretical issues for prevention of

crimes of ownership infringement carried out by juveniles. Juvenile
Delinquency: Theory, Practice and Law by Professor Larry J. Siegel; A
Century of Juvenile Justice by Professor Franklin E Zimring (Professor of
Jurisprudence and Director of the Institute for Legal Studies at the
University Chicago, USA); Juvenile Delinquency: An Integral Approach
by James Burfeind; Juvenile Delinquency: The Core by Professor Larry J.
Siegel; Brandon C. Welsh (the United States); Juvenile Delinquency by
Professor Donald J. Shoemaker; School Crime and Juvenile Justice by
Professor Richard Lawrence.
1.1.1.3. Studies on the preventive status and solutions for the
application of legal procedures, lawful policy and policy for the
prevention of crimes of ownership infringement carried out by juvenile
The Juvenile Justice System: Delinquency, Processing, and the Law
of Dean J. Champion; Crime, Litigation and the Law; Girls, Delinquency,
and Juvenile Justice by Professor Meda Chsney Lind and Professor
Randall G. Shelden.
1.1.2. Domestic researches
1.1.2.1. Studies on theoretical issues on crime prevention
Ngo Ngoc Thuy; Vo Khanh Vinh; Ly Van Quyen (1998),
Criminological Textbook , Hanoi Law University, People's Public Security
Publishing House; Nguyen Xuan Yem, (2001), Modern Criminology and
Crime Prevention, People's Public Security Publishing House; Vo Khanh
Vinh (2011) Criminology textbook (reprinted). This is a theoretical manual
on criminology, in which the concept of criminology is explained very
clearly.
1.1.2.2. Studies on the theoretical issues on prevention of crimes of
ownership infringement carried out by juvenile
Nguyen Xuan Thuy, (1997), Ph.D. dissertation in jurisprudence:
Prevention and Fight against juvenile delinquency in Today's Conditions
in Vietnam, Hanoi National University; Nguyen Xuan Yem, (2004),

Prevention of juvenile delinquency- the responsibility of family, the school
and society, People's Public Security Publishing House; Do Ba Co, (2000),
The People's Police Textbook: Working with children against the Law of
the People's Police University (now the People's Police Academy), issued
by the People's Public Security Publishing House.
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1.1.2.3. Studies on the status and measures to strengthen the
prevention of crimes of ownership infringement carried out by juvenile
Tran Quang Tiep, (2005), collaboration between families, schools
and society in crime prevention and combat, Journal of State and Law;
Trinh Quoc Toan, Tran Quang Tiep, Nguyen Duc Binh ... - H., (2007),
juvenile delinquency
in Hanoi - current situation and solutions:
monographs, People's Police Publishing House; Le Tan Tien, (2014), PhD
dissertation in jurisprudence: Activities of the crime investigation police
force on social order in the prevention of crime caused by juvenile
delinquency in the South West region of Vietnam; Luu Hoai Bao, (2014),
Some Crime Prevention solutions by juvenile delinquency, Journal of
Procuracy, No. 14/2014; Huynh Tan Dat (2015), The role of education in
juvenile delinquency cases in Ho Chi Minh City, Journal of Educational
Management Science; Huynh Tan Dat (2016), Collaboration of legal aid
and popularization of law education in general schools contributes to
prevent juvenile delinquency in Ho Chi Minh City, Journal of Educational
Management Science.
1.2. An overview of the research situation
Overseas studies have had a very rich and profound approach to
juvenile delinquency, the level of the impact of crime on the social and
cultural life of each different country; the views of each country's policy

are not similar. However, in different countries, the crime situation is
different. ... Prevention solution in this country is effective but in other
countries, it does not apply, depending on that country’s political and
economic conditions. In overview, these works have not been studied in
depth and focused on prevention of crimes of ownership infringement
carried out by juvenile.
Research results of scientific projects in the country in the past years
are important in researching the topic of preventing crimes of ownership
infringement carried out by juvenile, helping PhD candidate has an
overview of theoretical as well as practical aspects of preventing crimes of
ownership infringement carried out by juvenile and the role of the political
system in preventing and suppressing this crime. It can be seen in all the
mentioned documents, are approached, studied in different angles,
different aspects, space, and time difference. Therefore, each work,
document has valuable contributions, research with significant
6


implications for the prevention of crime in general. The most common of
the works, the summary documents, monographs ... are generalizations of
high theoretical and practical value.
1.3. The issues that should be further studied in the dissertation
Documents carefully analyzed, n-depth theory of preventing crimes
of ownership infringement carried out by juvenile has not addressed the
issue of both theoretical and substantive issues, the causes and
consequences of ownership infringement of juvenile delinquency in Ho
Chi Minh City, a big city with many specific characteristics. A number of
studies have surveyed, but are highly generalized, preliminary to this kind
of crime; some researches on legal proceedings and penalty decisions for
juvenile delinquency. There is no any research that studies specifically,

systematically and in depth on preventing crimes of ownership
infringement carried out by juvenile in the area of Ho Chi Minh City, the
function and task of prevention subjects; the status of theoretical basis,
legal-political basis; ideology and leading view of the Party Committee,
the People's Council, the People's Committee and the mass organizations
of Ho Chi Minh City. Therefore, the research on the dissertation
“Preventing crimes of ownership infringement carried out by juvenile in
the area of Ho Chi Minh City" will not be duplicated. In addition to
drawing a clear picture of the status of preventing crimes of ownership
infringement carried out by juvenile in the area of Ho Chi Minh City,
theory from the standpoint of the practice of advocacy for juveniles
committed ownership infringement of legal aid in Ho Chi Minh City will
further clarify the left issues, this is certainly the new research way is
expected.
CONCLUSION OF CHAPTER 1
An overview of theoretical and practical issues related to crimes of
ownership infringement carried out by juvenile has shown that in all
countries, crime prevention is essential, as reflected in the profound
accessible researches juvenile delinquents; crimes in each country are
different, scientific studies have identified the need for effective preventive
measures to limit the crime situation. However, the works mentioned
above have not been studied in depth and focus on preventing crimes of
ownership infringement carried out by juvenile. Chapter 1 of the
7


dissertation, the author has analyzed and clarified the research findings, the
achievements and the gaps that the authors have not mentioned, research
for preventing crimes of ownership infringement carried out by juvenile in
the area of Ho Chi Minh City. Through this study, the author argues that

the crimes of ownership infringement in Ho Chi Minh City are common
crimes in the practice of crime prevention.
Chapter 2
THEORITICAL ISSUES ON PREVENTING CRIMES
OWNERSHIP INFRINGEMENT CARRIED OUT BY JUVENILE
2.1. The concept and legal characteristic of the crime of ownership
infringement carried out by juvenile
2.1.1. The concept of crime of ownership infringement
The Penal Code 2015, Chapter XVI from Article 168 to Article 180;
ownership infringement offenses are acts that are dangerous to society,
having guilty , cause damage or threaten to damage the ownership
relationship and this damage to the full manifestation of the socially
dangerous nature of criminal behavior.
- The offenses of the nature of appropriation include: robbery of
property (Article 168); kidnapping to rob property (Article 169); property
extortion (Article 170); robbery of property (Article 171); the publicly
appropriating property (Article 172); property theft (Article 173);
fraudulent appropriation of property (Article 174); abuse of trust to
appropriating property (Article 175); illegally holding property (Article
176);
- Crime is not appropriating but profitable: illegally using property
(Article 177);
- Offenses involving no appropriation or non-benefit include:
Destroying or intentionally damaging property (Article 178);
Irresponsibility of causing serious damage to property of the State,
agencies, organizations or enterprises (Article 179); unintentionally
causing serious damage to property (Article 180)
2.1.2. Concept of juvenile
Age discrimination to identify individuals as juveniles or mature
must be based on legal normative documents.

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In legal science and in legal documents, the term of juvenile in which
juvenile delinquency is used in the sense that the person is not enough 18
years old. Pursuant to the provision of Article 12 of the Penal Code 1999,
amended and supplemented in 2009 and 2015, the age limits for penal
liability shall be those who are aged full 14 years old. However, persons
aged 14 or over who are under 16 years of age shall be subject to criminal
liability for very serious or particularly intentional crimes. Persons who are
full 16 years old or over must be liable for all crimes. Persons who are full
14 years old or older but not yet 16 years old shall only bear penal liability
if they satisfy the conditions, nature of danger to the society of acts such
serious crime, intentional crimes.
2.1.3. Legal characteristic of crimes of ownership infringement
+ Objective behavior: Acts of appropriating property, acts of
illegally seizing property, acts of illegally using property, acts of
destroying or intentionally damaging property.
+ Objective aspect of crimes: manifested by acts of appropriating
property: acts of using force, threatening to use force, or having tricks to
intimidate others in terms of spirit in public or stealth, to seizing illegally
property.
+ Subjective aspect crime: most of the crimes that violate property
rights are made due to the fault of the offender is a direct intentional fault,
there are some crimes carried out by mistake unintentionally.
+ The subject of the offense: The subject of the offense is a common
subject, that is, any person who is capable of being responsible and reaches
legal age, in accordance with Article 90 of the Penal Code 2015.
2.2. Concept and significance of preventing crimes of ownership
infringement carried out by juvenile

2.2.1. Concept
Preventing crimes of ownership infringement is an activity that uses
of social and state measures that affects the cause and condition of
ownership crimes to pre-prevent crimes from occurring and to take timely
action to detect and handle crimes to further prevent ownership
infringement.
The nature of preventing crimes of ownership infringement is that:
Firstly, the prevention of ownership infringement is the application of
social measures affecting the causes and conditions of crimes for the
9


purpose of pre-preventing crime from occurring. Secondly, the prevention
of ownership infringement is also the application of state measures to fight
in order to promptly detect and handle criminal offenses in order to
continue to prevent crime.
2.2.2. Significance of preventing crimes of ownership infringement
carried out by juvenile
Preventing crimes of ownership infringement carried out by juvenile
is important in protecting people, protecting property rights and deepening
humanity.
2.3. The political - legal basis of preventing crimes of ownership
infringement carried out by juvenile in the area of
2.3.1 Theoretical background for preventing crimes of ownership
infringement carried out by juvenile
Prevention of ownership infringement is an activity that affects the
cause and condition that gives rise to crimes, just in time to detect and
handle crimes. The author will present three issues:
The first issue: Theoretical issues of crime prevention have been
acknowledged in the Vietnamese criminology science as the basis for the

prevention of ownership infringement: The research issue here is to find
out the causes, the conditions of crimes of ownership infringement carried
out by juvenile stipulated in Chapter XVI, Criminal Code 2015 from
Article 168 to Article 180, is a criminal offense against ownership
infringement.
The second issue: Theoretical issues on crime prevention prepared by
the dissertation author as the basis for the prevention of ownership
infringement: Prevention of criminal groups is the application of social
measures and the state affect the causes and conditions of criminal groups
in order to pre-prevent the criminal group from occurring and to promptly
detect and handle the crime group.
The dissertation argues that the prevention of crime groups manifests
itself at two levels:
First level: Prevention of crime situation is the use of state and social
measures that affects the phenomena and social processes that are capable
of inducing and promoting crime emerging in which criminal groups are
under investigation;
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Second level: Prevention of criminal group is done by preventing
specific crimes belong to that criminal group means interpreting the
interaction of external objective factors with the characteristics of the
identity of the individual leads to the formation of a criminal motive.
The third issue: Theoretical issues on crime group prevention in a
particular area. Prevention of ownership infringement in one area, region,
not only based on crime situation and analysis of the causes and conditions
of criminal groups, but also based on the status of crime prevention in that
area or region. This includes the status of the theoretical system for
prevention; the status of the political and legal basis; organization status,

coordination of forces, prevention organizations and the actual
implementation and application of measures to prevent criminal groups.
2.3.2. The political foundation for preventing crimes of ownership
infringement carried out by juvenile in the area of
The Party's platform said, "The Party has conducted a fierce struggle
against all forms of parasitism and labor laziness, setting the task of giving
back labor for those who have left this life. The purpose of the Party’s
platform in building the Socialist Republic of Vietnam is to satisfy the
material and spiritual needs of the people more and more through the labor
of production, development, perfection and non-stop of social production,
to achieve that goal, it can not be separated from the education of the
working people. In concretizing the guideline of the Party, the Government
issued Resolution No. 09/1998 / NQ-CP dated July 31, 1998 on
strengthening the prevention of crimes in the new situation.
2.3.3. The legal basis for the preventing crimes of ownership
infringement carried out by juvenile
The goal is to maintain the law discipline, enhance the awareness of
law observance among people, at all levels, branches, in units, schools,
families and expand to the whole society. Penal Code 2015 in Chapter
XVI from Article 168 to Article 180.
2.4. The purpose and principles of preventing crimes of
ownership infringement carried out by juvenile
Prevention of crime is aimed at limiting and eliminating the causes
and conditions of crime in order to reduce criminals step by step to
eliminate criminals from the social life.
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Purpose of preventing crimes of ownership infringement carried out
by juvenile in the area of Ho Chi Minh City is the overall application of

economic, political, ideological and legal measures taken by the agencies,
organizations and citizens under the leadership of the Party, government,
political organizations, social organizations and individuals of the city to
remove or invalidate the causes and conditions of crimes of ownership
infringement carried out by juvenile in the area of Ho Chi Minh City in
order to achieve the goal is not to let crimes occur, to reduce crimes and to
completely eliminate the situation of crimes of ownership infringement
carried out by juvenile in the area of Ho Chi Minh City from social life.
Crime prevention activities must comply with the following
principles: socialist legal principle; Principle of socialist democracy;
Socialist humanitarian principle; advance scientific principle; Principle of
close coordination of prevention activities between subjects of crime
prevention; Specific principle of preventive activity.
2.5. Classify measure of preventing crimes of ownership
infringement carried out by juvenile
Basically, there are four measures to prevent crimes of ownership
infringement carried out by juvenile: preventing crimes of ownership
infringement carried out by juvenile according to the common social level;
preventing crimes of ownership infringement carried out by juvenile
according to criminological level; preventing crimes of ownership
infringement carried out by juvenile according to the territorial scope;
preventing crimes of ownership infringement carried out by juvenile
according to nature of the prevention.
2.6. The subject of preventing crimes of ownership infringement
carried out by juvenile
Crime prevention is an activity that requires close co-operation
between state agencies, social organizations and individual citizens, which
is the responsibility of the whole of society.
Prevention of ownership infringement is conducted on the basis of a
variety of measures taken by different subjects based on certain principles;

is a whole body composed of components so this activity is not a separate
task of a subject, a geographical area or a country that needs to be
coordinated, unified and especially linkage with international cooperation
in crime prevention. In addition, prevention of this group of criminal can
12


only be carried out by eliminating the elements, processes of its formation
and at the same time promoting other positive phenomena and processes
aimed at preventing crime from occurring.
CONCLUSION OF CHAPTER 2
Chapter 2 of the dissertation solves the following fundamental issues:
Firstly, to define the concept, legal characteristic of the crimes of
ownership infringement as provided for in Chapter XIV from Article 133
to 145 of Penal Code 1999 as amended by Chapter XVI from 168 to 180
(Criminal Code 2005); Secondly, to define the concept and significance of
prevention of ownership infringement, including: The nature of the
prevention of the situation of crimes of ownership infringement carried out
by juvenile in the area of Ho Chi Minh, it is essential that an impact on the
cause and condition of ownership infringement in order to eliminate the
causes of criminal conditions, thereby preventing the crime from
occurring;
Thirdly, to determine the basis of the prevention of the situation of
crimes of ownership infringement including the theoretical basis, political
basis - legal and practical basis.
Fourthly, to identify the principles of prevention of the situation of
the crimes of ownership infringement, which are the principle of law, the
principle of democracy, humanitarian principle, scientific principle of
progress, the principle of closely coordinating the activities of the subjects
of the prevention, the specific principle of preventive activity;

Fifthly, identifying precautionary measures for the ownership
infringement that identified are subject to different criteria; Sixthly,
Chapter 2 identifies subjects of prevention of ownership infringement,
including leading actors on guideline and policy and actors on
implementing plan of crime prevention.

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Chapter 3
CURRENT SITUATION OF PREVENTING CRIMES OF
OWNERSHIP INFRINGEMENT CARRIED OUT BY OF
JUVENILE IN THE AREA OF HO CHI MINH CITY
3.1. Status of theoretical system and political - legal basis
3.1.1 Status of theoretical system
C. Marx asserted that "Brutality is characterized by laws that
punishes cowardice, because cowardice can only be active when it
becomes cruel." V.I. Lenin wrote: "In our ideal, there is no space for
violence against human." Inherited the thoughts of Marx, Ph. Anghen, V.I.
Lenin proposed and based on the reality of strengthening the education and
improving the material and cultural life for the people to facilitate the
abolition of negative phenomena and crime. According to the thought of
President Ho Chi Minh, when crime occurred, it must find ways to limit
the damage, not let crimes re-occur to harm the society: "Good society will
be a social environment to facilitate the offender to re-educate himself,
overcome evil, find the lost human characteristic, the thugs, etc. They will
have to re-educate themselves according to the great mass of the people. "
3.1.2. Current status of political - legal basis
- The political - legal basis of preventing crimes of ownership
infringement carried out by juvenile

Crime prevention and fighting is one of the key, urgent, regular,
continuous and long-term tasks for the implementation of the Constitution
and the law, contributing to the protection of justice, the protection of
human rights and the citizen's rights, to protect the interests of the State,
the legitimate rights and interests of organizations and individuals; put
under the direct and comprehensive leadership of the Party; over the past
years, the crime prevention and fight has been paid attention by the Party
and the State to the following documents:
- The Directives of the Party Central Committee: Directive No. 48CT / TW; Conclusion No. 86-KL / TW dated 05th November 2010 of the
Politburo; Directive No. 09-CT / TW dated 01/12/2011 of the Party
Central Secretariat; Instruction No. 18-CT / TW dated 04/9/2012 of Party
Central Secretariat (Tenure XII, Resolution No. 28-NQ / TW dated
25/10/2013 of the Party Central Committee (Tenure XI) Conclusion No.
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95-KL / TW dated 02/4/2014 of the Secretariat of the Party Central
Committee (Tenure XII), the Political Bureau's Directive No. 46-CT / TW
dated 22/6/2015 (Tenure XI); the Party's directive documents are the
political basis for the implementation of legal documents.
- Resolutions of the National Assembly: Resolution No. 37/2012 /
QH13 dated 23/11/2012; Resolution No. 63/2013 / QH13 dated
27/11/2013; Resolution No. 64/2013 / QH13 dated 20/11/2013 Resolution
No. 67/2013 / QH13 dated 29/11/2013; Resolution No. 111/2015 / QH 13
dated 27/11/2015.
- Resolutions, decrees of the Government, circulars and plans of
ministries and branches guiding the implementation of the Party's
guidelines and State laws: Resolution No. 21 / NQ-CP dated 12/5/2009
government; Resolution No. 98 /NQ-CP dated 26/12/2014 of the
Government; Resolution No. 09/1998 / NQ-CP of July 31, 1998 of the

Government; Decision No. 1217 / QĐ-TTg dated 06/9/2012 of the Prime
Minister; Joint Circular No. 01/2011 / TTLT - VKSTC - TANDTC - BCABTP-BLDTB & XH, dated 12/7/2011; Joint Circular No. 11/2013 / TTLTBTP-BCA-BQP-BTC-VKSNDTC-TANDTC.
- The political and legal base of Ho Chi Minh City directs the
implementation of crime prevention in area of the city
To be aware of the seriousness of the crime situation, the City’s Party
Committee, the People's Council and the People's Committee of Ho Chi
Minh City issued a resolution on the implementation of 12 key programs
and projects of the city. In which, the target program with three reductions:
crime reduction, drug evils and social evils. The City’s Party Committee,
the People's Council and the People's Committee also issued many
documents on the implementation of the target of reducing crimes;
improving quality and efficiency through the movement "All people
protect the security of homeland”.
Ho Chi Minh City has concretized by issuing timely documents,
implementing the Plan of protection, care and education of children in
2015 including 5 activities: Activity 1: Communication, education, social
mobilization to raise awareness and change behavior to exercise of
children's rights. Activity 2: To improve the legal system and policies
related to the protection, care and education of children and the realization
of children's rights. Activity 3: Strengthen the participation of departments,
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mass organizations, economic organizations, social organizations,
professional organizations, families, communities, people and children
involved in the protection and looking after children, the development of
various types of children services, the creation of opportunities for
children to exercise the rights of children, especially children with special
circumstances. Activity 4: Strengthen the organization and improve staffs
that work with children at all levels and sectors; to consolidate and develop

a network of collaborators and volunteers at the grassroots. Improve the
quality of monitoring, supervising and evaluating; continue to conduct
surveys and statistics on children's situation, preliminary review and
evaluation of programs and plans on childcare and protection. Develop
children record books in family. Activity 5: Organize the review and
preliminary review of the programs and plans for child protection in Ho
Chi Minh City for the period of 2011-2015; Implement Plan No. 623 /
C45-P6 dated 22/5/2015 of the Criminal Police Department to finalize the
target program for child protection for the period 2011-2015. In 5 years,
the rate of under-16 offenders accounted for 5.13%, from 16 to 18
offenders accounted for 19.14%.
3.2. Situation of organizing force of preventing crimes of
ownership infringement carried out by juvenile in the area of Ho Chi
Minh City
3.2.1. In terms of staff force directly perform functions and duties to
prevent the crime of ownership infringement carried out by juvenile
- The results of preventing crimes of ownership infringement carried
out by juvenile
Basically, the City’s Party Committee, the People's Council and the
People's Committee of Ho Chi Minh City shall carry out the crime
prevention in the following aspects: - To proactively and promptly issue
instructions, resolutions and plans for legal documents on the prevention
of common crimes, which shall serve as a basis for state agencies, social
organizations and citizens to properly carry out crimes prevention in
accordance with the conditions and reality of crimes in the City area.
3.2.2. Current status of the mechanism for the co-ordination among
preventive subjects of crimes of ownership infringement carried out by
juvenile
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Most of the activities carried out by the subjects are synchronous
with the receipt of directives and resolutions of the Central level so that the
implementation levels should include leaders of the Party Committee,
People's Council , the People's Committee of Ho Chi Minh City in
receiving the general resolution on the prevention of crimes in general, and
then depending on the local situation and from counseling consultancy of
the law enforcement agencies, especially is the Department of Justice – a
leading subject that will promulgate plans and action programs for law
dissemination and education.
3.2.3. Situation of the causes of the conditions that caused the
occurrence of crimes of ownership infringement carried out by juvenile in
the area of Ho Chi Minh City
According to statistics from Ho Chi Minh City Police about
ownership infringement according to the sex offender from 2007 to 2015,
the proportion of male offenders is much higher than that of female
offenders, the proportion of male offenders ranging from 80 to 95.6 %
above. Of 4,484 offenders of ownership infringement of juvenile
delinquency, there were 7471 offenders, of which under 14 years old, 369
subjects (4.94%), from 14 to under16 years old, there were 2063 (27.61%)
and from 16 to 18 years old, there are 5039 subjects (67.45%) (see Annex
I, Table 3.6). The causes are from the physiological mind of the age group
of juvenile; caused by family; causes come from the educational
environment in schools, causes originated from the economic - cultural social environment.
CONCLUSION OF CHAPTER 3
Based on the research and reality of the crimes of ownership
infringement carried out by juvenile and the use of preventive measures in
Ho Chi Minh City from 2007 to 2015, this situation has evolved
complexly. Juvenile often commits major crimes of property theft, robbery
and property robbery. Offenders are usually male and tend to be younger;

low education level. Criminal motives are primarily intended to satisfy
one's own material needs. Tricks of this type of crime are mainly
opportunistic, taking advantage of the loopholes of victims to steal,
robbery. Through the survey, analysis of judgments and analysis of
statistical data of the police, the procuracy, the court, the author of the
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dissertation found the causes of the situation of ownership infringement
carried out by juvenile in the City area. The above analysis is based on two
important analytical channels as a basis for improving the effectiveness of
preventing crimes of ownership infringement carried out by juvenile in
particular and for crimes in general.
Chapter 4
SOLUTION TO ENHANCE EFFECTIVENESS OF PREVENTING
CRIMES OF OWNERSHIP INFRINGEMENT CARRIED OUT BY
JUVENILE IN THE AREA OF HO CHI MINH CITY
4.1. Forecasting on preventing crimes of ownership infringement
carried out by juvenile in the area of Ho Chi Minh City in the near
future
Due to many reasons, the status of juvenile violating the law is still
complicated and tends to increase. The author of the dissertation has
predicted: Developments of the situation of crimes of ownership
infringement carried out by juvenile; Forecast on the nature of crimes of
ownership infringement carried out by juvenile; Forecast on the identity of
the crimes of ownership infringement carried out by juvenile; Forecast on
the subject of prevention of crimes of ownership infringement carried out
by juvenile; Forecast on the structure of crimes of ownership infringement
carried out by juvenile; Forecast on the area of operation of crimes of
ownership infringement carried out by juvenile.

4.2. Solutions to enhance the effectiveness of preventing crimes
of ownership infringement carried out by juvenile in the area of Ho
Chi Minh City in the coming time.
4.2.1. Strengthening the theoretical and political-legal basis of the
prevention of crimes of ownership infringement carried out by juvenile
Improving the basis of prevention of crimes of ownership
infringement carried out by juvenile in the city area, first of all, improving
the legal norms on the right of the juvenile and the law articles against
crimes of ownership infringement in our country nowadays.
Firstly, criminalize some cases of ownership infringement, in case
property ownership infringement under the quantitative level.
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Secondly, the non-criminalize some cases of ownership infringement
according to the Penal Code in 2015. Specifically, Clause 2, Article 14 of
the Criminal Code provides that only prepare to ownership infringement is
a crime of robbery (Article 168); Abduction to property appropriation
(Article 169) shall be subject to penal liability and prepare for other
ownership criminal offenses is not subject to penal liability. The level of
penalties for cases of preparation to commit property robbery (Article 168)
and kidnapping for the purpose of appropriating property (Article 169) in
the Penal Code in 2015. Specifically: According to the Penal Code 2015,
the person who is going to commit robbery of property (Clause 5 of
Article 168) and kidnapping to appropriating property (Clause 5 of Article
169) shall be sentenced to between one and five years of imprisonment.
Thirdly, the addition of the framework signs of Penal Code in 2015
set a series of signs of condemnation into framework signs in the event of
property being encroached upon by the frameworks but having signs of
conviction: a) Having been administratively sanctioned for the

misappropriation of property, but having also been committing the
offense; b) Having been convicted of this crime or one of the offenses
stipulated in Articles 168, 169, 170, 171, 172, 174, 175 and 290 of this
Code, having not been removed yet from criminal record remission but
continue to commit the offense; c) Badly affect on the security, social
order and safety; d) Property is the main means of livelihood of the victim
and his family; properties are souvenirs, relics, worship items of special
spiritual value to the victims. "
Fourthly, the new points on penalties for ownership infringement.
The fine is the main penalty for some criminals. This step concretizes the
policy of extending the application of non-deprivation penalties in general
and the fine in particular as stated in Resolution No. 49 / NQ-TW dated 2nd
June 2005 of the Politburo on the judicial reform strategy until to 2020.
+ Improve the legal - legal basis to prevent crimes of ownership
infringement carried out by juvenile
Develop transition programs after serving a prison sentence,
preparing life skills and professional skills necessary for reintegration of
the prisoner.
- The Party Committee, the People's Council and the City People's
Committee should promptly issue legal instructions and resolutions related
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to the prevention of crimes of ownership infringement carried out by
juvenile.
4.2.2. Strengthening the prevention of crimes of ownership
infringement carried out by juvenile in Ho Chi Minh City
Strengthening human resources to prevent crimes of ownership
infringement carried out by juvenile
Improving the work capacity and qualifications of the subjects is one

of the most important measures to strengthen human resource; know the
law, understand the law will help the propaganda, prevention better.
The school and the family should have knowledge about Vietnamese
law, especially the laws related to the juvenile delinquency, which directly
affect the perception, as well as the physiology of the juvenile.
Enhance the coordination of the activities of the individuals involved
in the prevention of crimes of ownership infringement carried out by
juvenile.
Police of units and localities actively advise Party committees,
administrations, branches and relevant mass organizations in organizing
the effective implementation of Directive No. 48 / CT-TW dated 22
October, 2010 of the Politburo on "Strengthening the Party leadership on
crime prevention in the new situation"; To raise the efficiency of the basic
professional work of the police force in the management of subjects with
conditions and probable offenses as well as manifestations of criminal
offenses;
Strengthening the coordination between forces in the management of
the area, strengthening the management of household registration book,
tight management, clear understand fluctuations of the types of objects and
subjects of mobile operation; to well work on duty, fighting readiness, and
receive statistics of the incident. Timely verify, investigate when receiving
the message, denounce the ownership infringement; especially crimes of
theft, robbery, fraud and appropriate property; innovate and strengthen
propaganda work, raise the awareness of vigilance, prevention ownership
infringement, consolidate and expand the self-management models of
security and order.
4.2.3. Strengthen the implementation and application of measures to
prevent crimes of ownership infringement carried out by juvenile in Ho
Chi Minh City.
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Using social and state measures to influence the causes and
conditions of crime to pre-prevent crime from occurring and to take timely
measures to detect and handle crimes in order to continue crime
prevention.
Shorten the gap between the rich and the poor among the population
groups. Guidelines, policies and plans should be put in place to dilute the
population density in the central area. Multidimensional poverty reduction
and famine alleviation, social security. Appropriate measures to ensure
juvenile to go to school.
Strengthening cultural, educational, psycho-social measures. Youth
Union, City Women's Union, Veterans Association, Elderly Association
must regularly organize legal education activities, ethics for the juvenile.
Schools and families need to take measures to enhance and develop
the personality, talents as well as the physical and mental capabilities of
the juvenile. Provide information and guidance on vocational training,
career development. Actively emotional support, avoid psychological
abuse on the juvenile.
Improve the law system of enforcement of judgment in general and
the juvenile in particular: To regulate the procedures for victims and
witnesses as children in the Criminal Procedure Code, such as: When
interviewing children must have their relatives, creating the most
comfortable psychology for children...
Establish a specialized court to handle the cases related to the
juvenile. Although the law now provides that the courts have established
family courts and juvenile courts at the provincial and city levels, the
district level does not mention. Therefore, there is no specialized judge,
trained in skills, physiology of the juvenile. So that, the author of the
dissertation still recommend the establishment of a specialized juvenile

court.
The right to a person who is 14 years of age or older must be issued
with the identity card (citizen identification card), suitable for the age of
being liable in accordance with the Penal Code 2015 without being
dependent on household registration book.
The police force, militia and civil defense forces shall intensify
patrols, ambush secretly and regular and irregular control in order to
maintain order in the areas.
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Proper awareness of the role of the People's Courts, the wellorganized trial of crimes carried out by the juvenile and the effective
implementation of the measure put in to the reformatory camps applied to
juvenile delinquency.
Strengthening measures to detect and handle crimes to prevent
crimes of ownership infringement carried out by juvenile. The propaganda
work should be done quickly so that the parents are enlightened and timely
education, attention to their children.
The commune-level People's Committees shall set up selfmanagement models and at the same time foster the professionalism of
those who participate in such models in order to coordinate with the police
force in promptly prevent acts of violation from occurring.
To intensify measures to manage, educate and improve the
termination of prisoners' return to their localities, suspended
imprisonment sentences and other law-breaking persons. Regarding
bodies conducting legal proceedings, apart from complying with the law,
they also have to carry out the propaganda and education to help them
recognize wrongdoings, see the lawfulness and leniency of law.
Administration at all levels must create the best conditions for the children
to reintegrate into the community.
For families, social organizations and communities: Those who

directly assist, manage and monitor the juvenile after the penalty has been
completed.
CONCLUSION OF CHAPTER 4
In this chapter, the author raised suggestions and recommendations to
improve the effectiveness of the prevention of crimes of ownership
infringement carried out by juvenile in Ho Chi Minh City. Firstly, to
improve the legal views on the rights of juvenile delinquency and the law
against ownership infringement in order to prevent the situation of crimes
of ownership infringement carried out by juvenile in Ho Chi Minh City. In
this section, the author points out the shortcomings in the provisions of the
Penal Code 2015 on the rights of juvenile and the provisions on ownership
infringement; at the same time, it is proposed to amend and supplement the
provisions in order to increase the effectiveness of prevention. Then, the
author completed the solutions to prevent the situation of crimes of
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