Manslaughter by law enforcement in vietnam môn Luật dân sự Việt Nam| Trường Đại học Luật Hà Nội

In Vietnam, a law enforcement officer refers to individuals who are legally authorized to
enforce laws, maintain public order, ensure public safety, and protect the rights of citizens. These
officers operate under the jurisdiction of various government bodies and have the authority to
perform duties such as investigating crimes, making arrests, and using force when necessary.
Key categories of law enforcement officers in Vietnam include:
1. Police Officers (Công an Nhân dân) The V force is the main
ietnam People's Public Security law enforcement body in
Vietnam. It includes various departments such as the Vietnamese National Police (Công
an), which is responsible for ensuring public order, crime prevention, investigation, and
law enforcement across the country.
The police force is involved in handling criminal investigations, managing traffic,
counter-terrorism, and ensuring local security.
2. Border Guards (Bộ đội Biên phòng)
Border guards are responsible for maintaining security along Vietnam's borders,
preventing illegal immigration, smuggling, and cross-border crime.
3. Coast Guard (Cảnh sát biển Việt Nam)
The Vietnam Coast Guard enforces laws at sea, ensuring the protection of maritime
rights, combating piracy, illegal fishing, and protecting the nation's waters from various threats.
4. Customs Officers (Hải quan)
Customs officers are responsible for enforcing trade laws, regulating the import and
export of goods, and preventing smuggling activities.
Legal Responsibilities of Law Enforcement Officers in Vietnam:
Law enforcement officers are bound by legal and constitutional frameworks that govern
their actions. They must operate within the limits of the law, ensuring that their use of force and authority is lawful.
Article 127 of Vietnam's Criminal Code addresses manslaughter committed by law
enforcement officers when they use excessive force or violence beyond what is legally
justified in the performance of their duties.
Law enforcement officers in Vietnam are held to high ethical and legal standards, with
violations resulting in criminal charges, such as abuse of power or excessive use of force.
The law enforcement system in Vietnam is highly centralized and plays a crucial role in
maintaining social order, security, and legal compliance throughout the country. Case Study:
In 2024, Officer Hai, a police officer in Da Nang, was involved in a high-speed pursuit of a
suspected thief. During the pursuit, the suspect, Mr. Quoc, crashed his motorcycle and was lying
on the side of the road, injured. Instead of calling for immediate medical assistance, Officer Hai,
frustrated by the chase, kicked Mr. Quoc several times, despite Mr. Quoc already being
incapacitated. Mr. Quoc later died from internal injuries caused by the assault.
An internal investigation concluded that Officer Hai had used excessive force and acted outside
of legal and professional boundaries. Although Officer Hai did not intend to kill Mr. Quoc, his
actions were deemed reckless and unlawful. Officer Hai was subsequently charged under Article
127 of Vietnam’s Criminal Code for manslaughter by a law enforcement officer during the
performance of his official duties.
In a separate case, a truck driver named Mr. Khoa was transporting construction materials for his
company when he failed to secure the load properly. As a result, large steel beams fell from his
truck on the highway, causing a multi-vehicle accident that led to the death of one person and
injuries to several others. Mr. Khoa, though not acting with intent to harm, was charged under
Article 128 for involuntary manslaughter due to his negligence in securing the cargo.
Both Officer Hai and Mr. Khoa were held accountable for causing deaths, but their cases were
prosecuted under different legal frameworks—Article 127 for Officer Hai's excessive use of
force during his duties and Article 128 for Mr. Khoa's negligence in fulfilling his responsibilities as a driver.
Multiple Choice Questions (MCQs)
1. What was Officer Hai charged with under Article 127? a) Premeditated murder
b) Manslaughter while performing official duties c) Negligence d) Reckless driving
2. Why was Officer Hai’s action classified under Article 127? a) He acted with intent to kill
b) He used excessive force while performing his duties
c) He was defending himself from an armed suspect
d) He failed to report the suspect’s injuries
3. What was Mr. Khoa charged with under Article 128? a) Reckless endangerment
b) Involuntary manslaughter due to negligence c) Intentional manslaughter d) Homicide
4. What was the key factor that led to Mr. Khoa’s charge under Article 128? a) He
intentionally caused the accident
b) He failed to properly secure the load on his truck c) He acted in self-defense
d) He violated traffic laws deliberately
5. What distinguishes Officer Hai’s charge under Article 127 from Mr. Khoa’s charge
under Article 128? a) Officer Hai acted negligently, while Mr. Khoa acted recklessly
b) Officer Hai was performing official duties, while Mr. Khoa's negligence was unrelated to his profession
c) Both cases involved intentional harm
d) Mr. Khoa’s case involved multiple deaths, while Officer Hai’s did not True/False Questions
1. Officer Hai was charged under Article 127 because his actions were deliberate and
intended to cause Mr. Quoc’s death. True / False
2. Officer Hai was performing his official duties at the time of the incident, but his use
of force was excessive and unlawful. True / False
3. Mr. Khoa was charged under Article 128 for involuntary manslaughter because his
negligence led to a fatal accident. True / False
4. Both Officer Hai and Mr. Khoa were charged with the same offense, as their actions both resulted in death. True / False
5. Mr. Khoa’s charge under Article 128 would be the same even if the accident had only caused property damage. True / False Short Answer Questions
1. What specific actions led Officer Hai to be charged under Article 127?
2. How did Mr. Khoa’s failure to properly secure the load on his truck lead to his charge under Article 128?
3. What distinguishes manslaughter by a law enforcement officer under Article 127
from involuntary manslaughter under Article 128?
4. What legal responsibilities did Officer Hai fail to uphold during the incident with Mr. Quoc?
5. How does Article 127 hold law enforcement officers accountable for their actions
while performing their duties? Lật