During the session pertaining to the draft amended Penal Code on the afternoon of October 19, Deputy Minister Le Quoc Hung, a member of the Party Central Committee, Deputy Minister of Public Security and National Assembly deputy representing Ho Chi Minh City, highlighted several progressive provisions in the proposed legislation.
He noted that the amendments align with Politburo Resolution No. 68 on private-sector development, which calls for prioritizing civil, administrative and economic measures before resorting to criminal proceedings, while allowing businesses and entrepreneurs to proactively remedy violations and compensate for the damages.
Under the resolution, even in cases warranting criminal prosecution, priority should be given to measures addressing economic consequences, with remedial efforts serving as an important basis for determining subsequent legal action.
Deputy Minister Le Quoc Hung also referred to the significant policy direction set out in Resolution No. 4, adopted at the second plenum of the 14th Party Central Committee, on further strengthening Party leadership in the fight against corruption, wastefulness and other misconduct.
On this basis, the draft amended Penal Code expands the grounds for excluding criminal liability, introduces provisions allowing the temporary deferral of criminal prosecution, and adds new grounds for exemption from criminal liability. These proposed changes, he said, are closely aligned with the directives of the Party, the Politburo and the Party Central Committee.
Deputy Minister Le Quoc Hung said the draft amended Penal Code expands exemptions from criminal liability for research, experimentation and the application of new technologies, as well as controlled testing of innovative technologies, processes, solutions, products, services and business models. The proposed provisions are intended to address practical needs amid the rapid development of the digital economy, artificial intelligence, financial technology and emerging business models.
Innovation inherently involves a degree of uncertainty. If every instance of damage arising during experimentation could lead to criminal prosecution, regardless of whether established procedures and risk-control measures had been fully observed, it could discourage innovation and hinder the implementation of Resolution No. 57 and the Party Central Committee’s broader agenda for innovation and digital transformation. "Thus, this Penal Code draft has expanded the scope, and we can be completely assured on this matter," the Deputy Minister affirmed.
The draft Penal Code also excludes criminal liability for damages caused while performing national defense, security, and crime prevention duties, thereby institutionalizing the project to protect officers and soldiers of the armed forces while on duty. This project, led by the Central Public Security Party Committee and approved by the Politburo, introduces many new criminal policy mechanisms to protect officers performing national defense and security tasks.
Addressing proposals to abolish the death penalty for illegal drug trafficking and the rape of children under 16, Deputy Minister Le Quoc Hung argued that harsher punishments do not necessarily lead to lower crime rates.
“I have figures demonstrating that, in combating drug-related crime, we have retained the death penalty for numerous offenses, and enforced it very strictly. Nevertheless, drug-related crime is a multifaceted issue and harsher penalties do not necessarily result in less crime,” he explained.
“The overarching objective, and the ultimate goal of this round of criminal justice reform, is not to make punishments more severe, but to reduce crime, make society safer, and ensure more rigorous and effective law enforcement.”
He noted that the Party Central Committee had recently issued Resolution No. 18 on building a disciplined, safe, civilized, harmonious and developed society, alongside Resolution No. 22 on the National Security Strategy.
“The further abolition of the death penalty for certain offenses under the Penal Code is consistent with these policy directions of the Party and the State,” he explained.
Viet Nam has progressively reduced the number of offenses punishable by death through successive revisions of its Penal Code. The 1985 Penal Code had 44 offenses with capital punishment; the 1999 version reduced this to 29; the 2009 version to 22; the 2015 version to 18; and the 2025 amendment reduced it to 10 offenses. This time, further reductions are being made to follow the Politburo and Party Central Committee's directive to gradually eliminate the death penalty from the Penal Code.
"Currently, out of 194 sovereign nations and 16 territories, only 50 nations and territories still retain the death penalty. The majority have abolished it. This is a global trend that warrants our consideration," the Deputy Minister noted.
Regarding the crime of illegal trading of narcotics, Deputy Minister Le Quoc Hung cited that Article 6 of the International Covenant on Civil and Political Rights does not consider this among the most serious crimes. The most serious crimes are those involving the deprivation of another person's life. International practice also does not classify this as a most serious crime. Therefore, both practical and international grounds exist for removing the death penalty for this offense.
The removal of the death penalty for illegal trading of narcotics, while retaining it for the illegal production of narcotics, is both consistent with the practical application of the law to these types of crimes and serves to differentiate the degree of danger and subjective intent between the two offenses.
Regarding the crime of "Rape of persons under 16," the drafting committee based its decision on the Party's policy and viewpoint of gradually narrowing the scope of offenses subject to the death penalty in the Penal Code and the current practical application of the death penalty. This approach is also consistent with the International Covenant on Civil and Political Rights, which only recommends the death penalty for the most serious crimes, those involving the deprivation of human life.
