Currently, the situation of establishment and participation of criminal groups inVietnam is increasing in number and has complicated happenings, causing seriousconsequences to social and economic security, especially criminal groups are also linkedoutside the territory. The United Nations Convention against Transnational OrganizedCrime provides for the criminalization of acts of establishing and joining organized crimegroups in two mandatory or optional directions, depending on economic conditions.international, political and legislative traditions of each country. In Vietnam's criminal law,the 2015 Penal Code provides for the establishment and participation of criminal groups inArticle 14, which is one of the acts in the stage of preparation for crimes, as well as the actsjoin criminal groups in specific crimes in Article 109, Article 113, Article 299. However,the Penal Code 2015 does not have specific provisions on acts of establishing and joiningorganized crime groups. Therefore, the addition of this provision on the basis of theprovisions of the Convention is extremely necessary.