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


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.

- 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:
2


- 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

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.
4


There are also studies on the theoretical issues for prevention of

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.
5


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

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

8


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

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;
10


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,

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;

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.
14


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


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;

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.
18


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



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

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
22