BỘ GIÁO DỤC VÀ ĐÀO TẠO

TRƯỜNG ĐẠI HỌC VĂN LANG

TIỂU LUẬN CUỐI KÌ

Vietnamese legal system

ĐỀ TÀI SỐ 10 : Business entities

NHÓM : 01
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GVHS : THS Lê Hồ Trung Hiếu
 Thành phố Hồ Chí Minh, ngày 23 tháng 04 năm 2025

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1 Hà Ngọc Ánh 2373801070293 100%
2 Nguyễn Quỳnh Bảo Như 2373801011526 100%
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4 Triệu Thị Mai Thi 2373801071493 100%
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7 Lê Thị Như Quỳnh 2373801071530 100%
April 2, 2025
Dear Linda,
How are you today? I hope you’re doing well. As for me, I’m fine.
Today, I’m writing this letter to share with you some information about my country’s
laws. I believe this will be a great opportunity for us to discuss and learn about the
legal systems of both our countries together. Let me start by introducing my country’s
laws to you.

We will start with LIMITED LIABILITY COMPANY

Now I will talk about a 1-member limited liability company
First, a 1-member limited liability company is an enterprise owned by an organization or
an individual. The owner of the company is responsible for the debts and other asset
obligations of the company within the scope of the company's charter capital (Clause 1,
Article 74 of the Law on Enterprises 2020).
Second, it has only 01 investor ,limited liability: the investor is responsible within the
scope of the company's charter capital ,having legal status: from the date of being granted
a business registration certificate and do not issue stocks (except for transferred to joint
stock companies).
Third, capital contribution and capital transfer
About capital contribution, formed by the owner,the charter capital of the whole
company limited liability company that owner commits to contribute at the enterprise
registration. Contribute properly and sufficiently as committed within 90 days from the
date of being granted business registration certificate. If not sufficient, the owner must
register to adjust the charter capital so that it is equal to the actual capital contributed
within 30 days from the last day of expiry of capital contribution.
For example,1/2/2025,the Business registration certificate. On 2/5/2025 is the right and
sufficient date of capital contribution as committed. And 1/6/2025 is the deadline for
registration of adjustment of charter capital.
Within 90 days from the date of receiving the business registration certificate, the owner
must be responsible for the obligations according to the amount of capital committed to
contribute with all his assets for contributing capital not as committed.
About capital transfer,owners can transfer capital to others in 02 cases:All for a subject,
all for many entities/ parts for 01 subject: owners must change the type of business to 2 -
member limited liability companies or joint stock companies within 10 days.
Fourth, administration model
About the owner, it has 02 types : individuals and organization
 Individuals: Himn up the position of Chairman of the Company Director/ General
Director.
Organization: Can not manage business itself, must appoint 1 or more replacement:
Many people: Members' Council: those who are appointed by the owner on behalf of the
Company Manager. From 03 to 07 members (usually odd numbers), the term of no more
than 5 years. Director/ General Director: hired or appointed. Supervisory Board:
Mandatory establishment of the Supervisory Board to control the company and assets of
the company and 01 person: Chairman of Company

Next, will be a 2-member limited liability company

First, concept: Members are responsible for the debts and other property obligations of
the enterprise within the scope of the enterprise (Clause 1, Article 46 of the Law on
Enterprises 2020). As the most common type, many families are only small but still
establish businesses to pay corporate taxes lower than personal income tax and have more
body development.
Second, characteristics:
There is legal status from the date of the business registration certificate. - Mandatory
with 02 to 50 members, in addition to the limit, the company must change the type of
business. Limited liability: Responsible within the scope of charter capital of the
company. Having legal status: from the date of being granted a business registration
certificate. Do not issue stocks (except for transferred into joint stock companies) but are
issued bonds. Must make a member registration book after receiving the enterprise
registration certificate with the contents under Article 48 of the Law on Enterprises 2020.
Third, capital contribution and capital transfer
Aout capital contribution
Charter capital is due to the total contribution of members committed to contributing to
the company. Members contribute enough and the right type of asset as committed to the
company within 90 days from the date of being granted a business registration certificate,
excluding shipping time, importing capital contribution or administrative procedure time
to change property rights. Members can only contribute capital out of commitment if over
50% of other members agree. In 90 days, members have the right and obligations
equivalent to the amount of capital committed: Members do not contribute capital will no
longer be a member of the company. Members have the right to go hand in hand with the
capital contribution ratio. The capital contribution of members has not contributed when
the expiry date will be offered for sale.
About transfer of contributed capital:
Priority for sale to members of the company in proportion. Offering to members outside
the company. If after transfer of capital, the number of members outside the law limit, the
company must register to change the type of business within 15 days.
Fourth, administration model
Members' Council: All members of the company, is the highest decision agency. If it is
an individual, they will directly join the Board of Members, if it is an organization, they
must send 01 individual as an authorized representative to participate.
Competence of the Members' Council: For business activities: Having the right to decide
the development strategy and business strategy of the company, as well as decide on all
issues, projects of the company, market development solutions, marketing or technology
transfer or through loan contracts, loans, property sales or greater than 50% of the total
value stated in the financial statements at the nearest time of the company, or the
company is smaller than the company, or the company is smaller than the company. For
financial work: Decision to increase or decrease charter capital, capital mobilization
methods as well as bond issuance.
- For the management: The Members' Council will decide on the management of the
company's management as well as the election/ dismissal of members, or the decision to
vote/ exempt/ dismiss or sign a labor contract with the Director/ General Director, Chief
Accountant, Supervisor and others according to the company's charter: Deciding on
salaries, bonuses and other benefits for the positions that the Board of Members has
created.

In addition to limited liability companies, we also have private enterprises, joint stock
companies, and partnerships.
So what is a private enterprise ? Shall I tell you more about it?
First, concept :
Private enterprise is an enterprise owned by an individual and self -responsibility with all
its assets for all activities of the business. Private enterprises must not issue any type of
securities. Each individual may only set up a private enterprise. Private business owners
are not at the same time as the business head of the business and partners of the
partnership. Private enterprises are not allowed to contribute capital to establish or buy
shares and capital contributions in partnerships, limited liability companies or joint stock
companies. There is no legal status. (Article 188 of the Law on Enterprises 2020)
Second, characteristics
Private business owners decide on the use of capital and assets but must record. Private
business owners are increased or decreased but must be recorded and only reduced after
registering with the business registration agency. Enjoy profits and decide to use profits
after paying taxes and fulfill financial obligations. The owner of the private career is full
of decision to decide the organizational structure model and is the only legal
representative. According to Articles 7 and 8 of the Enterprise Law 2020, the private
enterprise is equal to other enterprises.
Next, it is Partnership,
One of the types of businesses in Vietnam. The first type of business mentioned will be a
partnership.
First, what is a partnership?
When talking about this type of business, there are many views that this is not a type of
company but simply a partnership, that is, a simple link is not enough to call it a
company. A method of business organization besides other methods such as business
individuals and companies. However, there are also views that this is a type of company
established on the basis of an affiliate link, different from the capital links of one -
member limited liability companies, two members or joint stock companies. In fact,
whether a company or a simple partnership, this is still a business subject. The important
issue is how the law stipulates how the legal regime is for this type of business subject.
Vietnamese legal reality shows that the partnership is a relatively new business entity,
this type of business has been officially acknowledged since the 1999 Enterprise Law and
continues to be recorded in the business laws in the future. However, all of these laws do
not give specific definitions of partnerships. According to Article 177 of the Enterprise
Law in 2020, the partnership is defined as follows: "The partnership is a type of
enterprise established by at least two individuals together, managing and doing business
together under a common name, and is responsible for all their assets for their
obligations." With this definition, it can be seen that this method of business organization
is also quite simple. The basic difference compared to the type of private enterprise is a
partnership with capital linkage, that is, the increase in the number of owners of the
business.
Second, what are the basic characteristics of the partnership?
Number of members: The partnership must have at least 2 individuals. This means that a
partnership requires the capital contribution of the two entities to exist as an individual.
These individuals will be jointly responsible for all their assets for their obligations, that
is, they will be infinitely responsible for the company's property obligations, and are
called a partnership. However, a partnership must satisfy the condition that is not owned
by a private enterprise, nor is it a partnership of another partnership.
In addition, partnerships may have capital contributors. These are subjects with limited
liability regime, different from the partnership members. Their responsibility is within the
scope of capital contributed to the company. Their absence does not affect the existence
of the company. The partnership has a legal status from the date of being granted a
business registration certificate. The partnership will have independent assets with other
individuals and take responsibility for their own property.
Do not issue securities: The partnership is not allowed to issue any type of securities, so
the ability to raise capital of a partnership is narrowed. The company can only mobilize
capital from the admission of new members or borrow from other organizations and
individuals. In short, partnership is a type of business with the following basic
characteristics: There must be at least 2 individuals who own, may have capital
contributing members, legal status and not to issue securities.
Third, how do you contribute to the partnership?
Regarding the capital of partnership, which is formed from the capital contribution of the
partnership members and capital contribution members (if any). The capital contribution
of members must be made properly and sufficiently as committed. If the partners'
members are not sufficient and as committed, they are responsible for compensation to
the company for the damage caused by the failure of capital.
he partnership members are not allowed to transfer their capital contribution to others if
they have not received the consent of the remaining members. They also have the right to
withdraw capital from the company but are only done after notifying in writing the
company for 6 months or more.
The partnership members and capital contributors will have different rights and
obligations. Members have the right to participate in meetings, vote and manage the
company, while the capital contributing members have more restrictive rights to
participate in management.
Fourth, the organizational structure of a partnership includes?
The partnership has an organizational structure including the Members' Council, Director
or General Director. The Members' Council is the highest management agency and has
the right to decide on all the company's business activities. In meetings, the decisions of
the members' Association will be approved in the form of a voting voucher for each
partnership. The partnership member is the legal representative of the partnership, which
acts as the organizers and operators. However, in the relationship with the state agency,
the representative must be the Chairman of the Board of Members, the Director or the
General Director.

Finally, I will talk about joint stock companies.

Besides the partnership, Vietnam has many other types of companies, but a little more
complicated can mention the type of joint stock company.
First, what is a joint stock company?
Pursuant to Article 111 of the Law on Enterprises 2020, Article 112 of the Law on
Enterprises 2020 and Article 114 of the Law on Enterprises 2020, the joint stock
company is an enterprise in which the charter capital is divided into equal parts called
shares.
Shares are the smallest part of the charter capital of a joint stock company. The shares
include two types of common shares and preferential shares. The common shares are a
must -have, while preferential shares may have or not. Preferential shares often bring
more benefits.
The owners of ordinary shares and preferential shares are called common shareholders
and preferential shareholders, depending on the type of shares they hold. The voting
rights of shareholders with preferential shares are often higher or have higher dividends.
The dividend is a profit paid to shareholders, which can be in cash or other assets.
Second, what are the characteristics of a joint stock company?
Firstly, this is a type of business including many shareholders, the company owners.
There are at least 3 shareholders and do not have the maximum amount as prescribed by
law. Shareholders are individuals or organizations. Secondly, shareholders in joint stock
companies are only responsible for the debts and other property obligations of the
enterprise within the scope of the capital contributed to the enterprise. This means that if
the company has financial difficulties, shareholders only lose the money they have
invested, not to be as infinite responsible as in the private enterprise. Thirdly,
shareholders have the freedom to transfer their shares to others, which is easy to buy and
sell shares easily, except for the case specified in Clause 3, Article 120 and Clause 1,
Article 127 of the Enterprise Law 2020. Fourth, a joint stock company issued securities
of all kinds to raise capital, including stocks. Fifth, joint stock company is a legal status
from the date of being granted a business registration certificate, that is, there is a
separation between the company's property and the property of shareholders.
Third, what is a joint stock company?
Capital of a joint stock company is called charter capital. That is the total value of shares
registered to buy. Shareholders will commit to contributing capital at the establishment of
the company, this capital will be stated in the company's charter. If shareholders will no
longer have a shareholder if they do not pay the full number of shares registered to buy
within the prescribed time limit, and only enjoy the rights corresponding to the number of
paid shares. Joint Stock Company may reduce its charter capital in certain cases, such as
when shareholders do not pay sufficient number of shares registered to buy. The
company will have to adjust the charter capital according to the sufficient number of
shares.
Fourth, the organizational structure of a joint stock company includes?
There are two types of organizational models of joint stock companies. Joint Stock
Company may optional organizational model according to the law. The first model
includes the General Meeting of Shareholders, the Board of Directors, the Director or the
General Director and the Supervisory Board. For joint stock companies with
shareholders, accounting for less than 50% of the total shares, it is not required to have a
Supervisory Board. The second model includes the General Meeting of Shareholders, the
Board of Directors and the Director or the General Director. In this case, at least 20% of
the Board of Directors must be independent members and must have 3 auditors.
These are the management agencies in the joint stock company that I want to share with
you.
Specific introduction about management agencies in joint stock companies:
The General Meeting of Shareholders: is the agency with the highest decision in a joint
stock company. The General Meeting of Shareholders includes all shareholders with
voting rights. The General Meeting of Shareholders may meet annually within 4 months
from the end of the fiscal year and may be unusual in some necessary cases. The meeting
location must be located on the territory of Vietnam. The rights and obligations of the
General Meeting of Shareholders are specified in the Enterprise Law 2020. The Board of
Directors : is the management agency of the company, with 3 to 11 members, the term of
no more than 5 years and may be re -elected. The Board of Directors has the right to
decide all the issues of the company but not within the authority of the General Meeting
of Shareholders. The meeting of the Board of Directors may be periodically or
abnormally, summoned by the Chairman of the Council.
The Director or General Director : is the manager who manages the company's daily
business operations. The term of the Director or General Director shall not exceed 5 years
and may be re-elected. The Director or General Director must be supervised by the Board
of Directors and the Supervisory Board. The Supervisory Board: is a very important body
in the organizational structure of a joint stock company. The Supervisory Board has the
function of supervising the Board of Directors and Director in operating and managing
the company. The Supervisory Board must be responsible before the General Meeting of
Shareholders for assigned tasks. There are from 3 to 5 members of the Supervisory
Board, with a term of 5 years. The Head of the Supervisory Board must be an
independent member and must work full-time at the company.
There are some notes in the organizational structure of a joint stock company. For
companies without a Supervisory Board, in some cases, companies with less than one
shareholder or shareholders accounting for less than 50% of the total shares will not be
required to have a Supervisory Board.

These are the types of companies in Vietnam that I know and help you understand those
types of companies.

THE AUTHORITY OF THE COURT IN CRIMINAL AND CIVIL

PROCEEDINGS
In addition to the company forms in Vietnam, I will tell you more about the Court's
Jurisdiction in Criminal and Civil Procedures.
First, I will give a general introduction to the Jurisdiction of the Court
The Court is a state agency with the function of trial of cases in accordance with the law.
The authority of the Court includes its competence by territories, competent authorities,
and competence according to the type of incident. In this article, we will go later on the
analysis of the Court's authority in the criminal and civil field.
Continuing, I will talk about the Jurisdiction of the Court in Criminal Procedures.
First, the concept and function of the Criminal Court
Criminal Court is the trial of criminal cases, in which the defendants are prosecuted in
accordance with the Criminal Procedure Code. The main task of the Criminal Court is to
ensure fair and legal trial, contributing to preserving social order and safety.
Second, authority according to the trial level
The district -level People's Court has the authority to hear the first instance of criminal
cases of serious crime, serious crimes and very serious crimes, except for crimes under
the authority of the provincial People's Court. The provincial People's Court is competent
to trial the criminal cases of particularly serious crimes, criminals infringing upon
national security and other crimes that the Criminal Procedure Code prescribed under the
authority of the provincial People's Court. The high -level People's Court has the
authority to appellate the criminal cases that the first -instance judgments and decisions
of the provincial People's Court have not been valid for the appeal and appeal. The
Supreme People's Court has the authority to judge cassation and rejection of criminal
cases that have been protested by legal criminal cases.
Provincial People's Court:
Crime trial has foreign elements or complicated cases. The first instance trial is very
serious and particularly serious. The appellate trial of first -instance cases was tried by
the district court but was appealed and protested. The district People's Court and the
Military Court of the first instance trial of criminal cases on serious crimes, serious
crimes and very serious crimes, except for crimes.
Crimes of infringing upon national security; Crimes of destroying peace, combating
humanity and war criminals; The offenses specified in Articles 123, 125, 126, 227, 277,
278, 279, 280, 282, 283, 284, 286, 287, 288, 337, 368, 369, 370, 371, 399 and 400 of the
Penal Code . The crimes are committed outside the territory of the Socialist Republic of
Vietnam.
Provincial-level People's Courts and Military Zone-level Military Courts shall conduct
first-instance trial of the following cases: Criminal cases of crimes not under the
jurisdiction of district-level People's Courts and regional military courts; criminal cases
fall under the jurisdiction of district-level People's Courts and regional military courts but
have many complicated circumstances that are difficult to assess and agree on the nature
of the case or involve many levels and branches; cases in which the defendants are
judges, procurators, investigators, key leading officials in rural districts, urban districts,
provincial cities, centrally-run cities, persons with religious dignitaries or high prestige in
ethnic minorities . Competence of military courts Military courts have jurisdiction to
adjudicate: Criminal cases in which the defendant is an active military member, civil
servant, worker, defense official, reserve soldier during the period of concentrated
training or inspection of combat readiness; militia and self-defense forces during the
period of concentrated training or coordination with the People's Army in combat and
combat service; citizens who are transferred, requisitioned or contracted to serve in the
People's Army; Military courts have jurisdiction to try all crimes. High People's Court:
Cassation and reopening trial of effective judgments of lower courts. The Supreme
People's Court: Trial cassation and retrial of important cases that have a great impact on
law and society. Jurisdiction of criminal courts according to the territory of district-level
People's Courts: First-instance trial of less serious criminal cases. Provincial-level
People's Courts: First-instance trial of more serious criminal cases, appellate trial of
judgments declared by district-level courts. The Supreme People's Court: Trial of
cassation and reopening of legally effective cases.
Third, authority of Military Court
- Military Court is competent to trial: The criminal case where the defendant is a soldier
at the five civil servants and defense officials of the reserve military person during the
period of focusing on training or checking combat readiness; Militia and self -defense
during the time to focus on training or coordinating with the People's Army in combat
and fighting; Citizens are mobilized, solemn or contracted to serve in the People's Army;
Military Court is competent to judge all criminals occurring in the area of military law.
High -level People's Court: Trial of cassation, re -examination for the validity of the
subordinate court. The Supreme People's Court: Trial of cassation, re -examination of
important cases, which greatly affects the law and society.
Fourth, the authority of the Criminal Court by territory
District People's Court: Trial at first instance criminal cases is less serious.Provincial
People's Court: Trial at first instance of more serious criminal cases, appellate judgments
sent by the district court. Supreme People's Court: Trial of cassation, re -examination of
legal cases.
Fifth, statute of limitations on judgement
The statute of limitations for executing criminal judgments for the convicted person is as
follows: 05 years for cases of fines, non -custodial reform or imprisonment for 03 years
or less; 10 years for cases of imprisonment from over 3 years to 15 years; 15 years for
sanctions from over 15 years to 30 years; 20 years for cases of life imprisonment or death
penalty. The statute of limitations for executing criminal sentences for commercial legal
entities is 05 years.The statute of limitations for execution of the judgment is calculated
from the date of the legal judgment.
Sixth, pers conducting the proceedings include:
Heads and deputy heads of investigating agencies, investigators and investigators;
Director, Deputy Director of Procuracy, Procurator, Inspector; Chief Justice, Deputy
Chief Justice of Courts, Judges, Judges, Court Secretary, Verification.

Next we talk about the authority of the court in civil proceedings

First, the concept and function of the Civil Court
Civil Court tries disputes about civil rights, marriage, family, business, labor ... The goal
of the Civil Court is to protect the legal rights of individuals and organizations, ensuring
fairness in civil law relations.
Second, civil cases include
Civil dispute: property ownership, civil contracts, compensation for damage outside the
contract, inheritance, etc.
Family marriage: Divorce, division of common property, supporting, raising children
after divorce, ...
Commercial business: Trade contracts, bankruptcy, ...
Labor: strike, social insurance, labor contracts, trade union rights, trade union funds,
labor safety, labor hygiene, etc.
Third, authority according to the trial level
Supreme People's Court: Is the highest trial in the Vietnamese court system. Trial of
cassation, re -examination, special procedures, the judgments have been effective but
detect strict errors. The judge of the Supreme People's Court is not less than 13 people
and no more than 17 people. Proposing and proposing the completion of the legal system.
High -level People's Court: High -level People's Court in Hanoi, Da Nang, Ho Chi Minh
City. The judge committee is not less than 11 people and not more than 13 people. The
appellate trial of the provincial level, the first instance is administrative, intellectual
property. Settling the proposal, petition and protest with the First Court of bankruptcy.
The decision of the cassation and re -examination of the high -level People's Court for the
legally effective judgments and decisions
Provincial People's Court: First instance trial, appellate. District People's Court: First
instance trial. Specialized first -instance People's Court: A first-instance trial of
administrative, intellectual property and bankruptcy. Military Court: Trial criminal cases
where the defendant is a soldier in the army and other cases according to the law.
Decision on judgment execution: The term of judgment execution decision on demand is
05 working days from the date of receiving the judgment execution request
Fourth, procedure conducting
Chief Justice of the Court: The head of the adjudication agency, responsible for
managing the administration of the Court. Judges: Presiding over during the trial of the
case, making decisions on the judgment based on the provisions of the French. People's
Association: Representing the people, participating in supporting the judge in the trial.
Verification: Support the handling of the case file. Secretary: Record records, support
trial procedures. Procurator (Procuracy): The person who exercises the right to prosecute,
inspect and supervise the proceedings in the session
Fifth, authority by territory
General principle: The Court where the defendant is residing or working competent to
resolve the case. For real estate disputes: Only the Court in the place where there is a
competent real estate settlement. The litigants have the right to agree with each other in
writing to request the Court of the Plaintiff's Residence to organize civil disputes.
Sixth, the authority to settle civil requirements
Request declaration or can cancel the decision to declare a person who lost civil act
capacity, limited behavioral capacity, have difficulties in awareness and behavior;
Request declaration or cancellation of decision to declare a missing person;
Request declaration or cancellation of decision to declare a person who is dead;
Request for declaration of notarization invalid;
Require notice of searching for people who are absent from their residence, manage their
property; ….
Seventh, competence to resolve civil disputes
Vietnamese nationality disputes between individuals and individuals; Disputes of
ownership and other rights to assets; Asset inheritance disputes; Disputes over
compensation for non -contract damage; disputes over civil transactions, civil
contracts; .....

Next is comparison of jurisdiction of criminal and civil courts

Here is a distinction table that can help you understand and know more :

Criteria Criminal Jurisdiction Civil Jurisdiction

Mission system Trial of criminal acts Resolve disputes between
parties
Apply system Penal Code, Criminal Procedure Civil Code, Civil
rules Code Procedure Code
Handle item focus Ensure justice and protect social Protect the legal rights of
order the parties
Owner can Defendant, Procuracy, Lawyer Plaintiffs, defendants, and
participate people with related
interests

In short, the court plays an important role in ensuring justice and law enforcement,
contributing to building a fair and transparent society. In criminal proceedings, the Court
is responsible for trial of criminal acts in order to maintain social order. In civil
proceedings, the Court resolves disputes over benefits between the parties, protecting the
legitimate interests of individuals and organizations. The determination of the Court's
authority according to the trial level, territory and the type of case helps ensure fairness
and rationality in the trial activities of the Court.
This is the information I share and help you understand Criminal Jurisdiction, Civil
Jurisdiction. It can help you differentiate its information more. If you have free time, you
can learn more about it.

Finally, I will share the final content Finally, I will share the final content about crime
and crime
First, how are the crimes and crimes different?
Crime crime includes the objective factors of subjective subjects. Committing crime is an
act of committing criminals. This means that the crime is an act of signs of criminals that
have to be investigated, prosecuted, and tried to determine whether the offense is a crime.
Second, what is criminal?
A dangerous violation of society prescribed in the Criminal Code, due to the person with
criminal liability or commercial legal entity is deliberately or unintentional, abuses to
social relations that the Criminal Law protects by the Criminal Law. It is an act of
infringing upon independence, sovereignty, unity and territorial integrity; infringing to
the political, economic, cultural, defense, security, security, order and legitimate benefits
of the country; infringing to human rights and legitimate interests of citizens; ...
infringing on other areas of socialist law order, according to the provisions of the
Criminal Code. (According to Clause 1, Article 8 of the 2015 Penal Code).
You can refer to its laws for more information.
Third, crime classification: Based on the nature and level of danger to the society of
the criminal acts specified in the Penal Code, the crime is divided into 04 types:
(according to Clause 1, Article 9 of the 2015 Penal Code 2015) non -custodial reform or
imprisonment for up to 3 years. Serious crime: with great nature and danger to the high
society, the highest level of the penalty frame is imprisonment from over 03 years to 07
years in prison. Very serious crime: Having a very large social danger and level of
danger, the highest level of the penalty frame is imprisonment from over 07 years to 15
years in prison. Serious crime: It is of particularly large society, the highest level of the
penalty frame is imprisonment from over 15 years to 20 years in prison; life
imprisonment or death penalty.
Fourth, causes and conditions of crime: Causes and conditions of crime include
economic, social, ideological, political, cultural and educational factors that lead to the
formation of each individual's perspective and thereby leading to criminal acts.
Fifth, meaning of the study of criminal situation: Studying the crime situation has the
most complete and accurate analysis of the situation, seriousness in the level and nature
of criminals, ... Besides, more importantly, it is necessary to explain and detect the cause
to make data for later time, and also create the basis for providing criminal prevention
measures. The crime situation is not merely the total number of crimes that have
occurred, but it reflects all the nature of the total number of crimes that occur such as:
quantity, structure, properties, ... of each different type of crime that fully carries the
characteristics of the social system.
Sixth, the attributes of the crime situation:
Socially: Being formed from social behaviors, negative impacts on social life, breaking
social values that upset social order, harming social relations…. Characteristics: Bringing
specific cognitive and practical values; Explain the rules that arise and develop the crime
situation, stemming from social phenomena that exist in mutual impact. Crime prevention
must use social solutions affecting social relations.
Legal: As a formal sign but it is very important in researching and assessing the crime
situation in society; It is possible to distinguish criminals from law violations, negative
acts in society. Assessing the situation of criminals in society must rely on the
characteristics and provisions of the Criminal Law on criminals and offenders as well as
other criminal signs. Besides, the improvement of criminal law is also considered a
measure to enhance the effectiveness of crime prevention in society.
Historical changes: The crime situation may vary depending on the development of
different socio -economic forms in history, and in the same socio -economic form, if
there is a change in the economic, social and class structure, the crime structure situation
is also changed. The crime situation has always been moving and changing from simple
to complex, from rudimentary to modern, this change is shown in the method of tool
tricks, means of crime in different historical stages. The number of acts that are
considered criminals in different historical periods is different. The crime situation is not
an immutable phenomenon in society, but it has changed and lost in certain historical
conditions. Studying the crime situation must be placed in historical conditions to
understand the nature, the law of formation and its development, so that it is possible to
guide the tendency to mobilize the development of criminal situation in the future;
Complete preventive measures to suit the change of history.
Negative: Compared to other negative phenomena in society, the crime situation is both
negative and shows the highest danger to society because it causes damage in all aspects
of social life, made in three aspects: Material damage , physical damage , mental damage.
Assessing the study of criminal situation needs to be considered in many aspects that it
causes social life, crime prevention is always respected and prioritized in plans and
programs of the nation and as well as each locality.
Commonly popular: A common phenomenon containing the overall criminal acts, those
who commit them in specified space and time. The crime situation is not a combination
of individual crimes but a common social phenomenon.
Seventh, characteristics of crime:
Crime is a dangerous act for society: As one of the basiss to distinguish criminal acts
from other violations. Besides, acts that show criminals but the danger are not significant
are not criminals and are handled by other measures. The danger to society depends on
many different factors: the form of errors; Consequences, tools and means of crime;
Methods of criminal tricks; time and space of crime; Places and circumstances of crime;
The motive for the purpose of crime; ...
Legal illegal of crime: This is a characteristic of the principle of socialist legislation. Any
act that is considered criminal is also prescribed in the Penal Code. Therefore, no one is
examined for penal liability and subject to criminal liability if they have committed an act
without being criminally criminal by the Criminal Code.
To confirm clearly, we have the provisions of the Penal Code. The behavior is done in an
error: (intentional or unintentional). Crime is a dangerous behavior of society made by
humans in an intentional or unintentional way.
Eighth, cases that are not criminals:
Acting with insignificant danger (Clause 4, Article 8 of the 2015 Penal Code 2015)
Unexpected event (Article 11 of the Penal Code 2015)
People who are not old enough to bear the LDS (Article 12 of the Penal Code 2015)
The situation of non -energy -free (Clause 1, Article 13 of the Penal Code 2015)
Legend Different
Ninth, to distinguish crimes from other acts of law violation
Next, I will help you distinguish crime from other violations
a) The same:
- Crime and other law violations are: Human behaviors committed in the form of action
or without action, unintentional or intentional fault, causing damage or threat to cause
damage to society, the subject must be individuals or legal entities
b) Different criteria for content:
Crime is a significant behavior for society. Other law violations are not significant in
terms of criminals In the Penal Code . Other law violations are prescribed in the legal
documents of other laws

After the information about crime and crime, and other information of this final content.
But it will be able to help you in later life.

Above are some generalizations about our country's legal system. If you have questions
or want to learn more about a specific area, don't hesitate to contact me. And we can talk
together about the laws of the two countries we know when we meet at a coffee shop. If
you receive this letter, please respond to me as soon as possible. Thanks.

Best regards,
Susan.