Abstract

This article examines the legal limitations and practical difficulties involved in determining the applicable offence when an offender uses force to resist a person performing official duties and, in doing so, causes bodily harm to that person. Vietnamese judicial practice has not yet adopted a consistent approach to determining whether such conduct constitutes the offence of resisting a person performing official duties, intentionally inflicting bodily harm, or multiple offences. By analyzing the relevant provisions of Vietnamese criminal law and the challenges arising from their practical application, the article identifies the principal causes of inconsistent legal classification. It subsequently proposes recommendations for improving the relevant provisions of Vietnamese criminal law and promoting their consistent application in cases involving the use of force against persons performing official duties.

Keywords: Article 330 of the 2015 Criminal Code, offence of intentionally inflicting bodily harm, offence of resisting a person performing official duties.