By 
GHRD Research Team
Katrin Bolovtsova, February 11th, 2020
A review of the 2015 Vietnamese Penal Code by the Ministry of Public Security highlights the legal framework’s shortcomings regarding the death penalty. The proposed amendments allow for modifications to the application of capital punishment.
The death penalty is the highest punishment afforded by the Vietnamese Penal Code, providing for 18 crimes punishable by death. The Ministry of Public Security (MPS) reviewed the 2015 Code according to the 2013 Constitution. The MPS highlighted the Penal Code’s contributions to Vietnamese society, security, and government. However, the review emphasised the need to adapt the legal framework to the changes in the country, specifically regarding the death penalty. Notably, the Ministry suggests difficulties determining which individuals should be condemned to the death penalty due to a broad framework in that regard. Moreover, recent practices and discussions demonstrate that some crimes, despite posing threats, do not require the use of capital punishment. Indeed, courts have rarely executed the death penalty for certain crimes.
The Ministry of Public and Security’s proposal includes a replacement of capital punishment with life imprisonment without the possibility of sentence reduction for eight crimes: activities aimed at overthrowing the Government, destroying the material-technical foundations of the Socialist Republic of Việt Nam, producing and trading counterfeit medicines, transporting drugs, destroying peace and causing war of aggression, espionage, embezzlement and bribery. Additionally, the MPS argues that the possibility to delay the execution for a maximum of two years from the time of the sentence could afford time to the convict to make some restitutions to reduce their sentence to life imprisonment. Regarding the scope and applicability of the condemnation, the review proposes that individuals with terminal illnesses that are comparable to death sentences shall receive treatment whilst awaiting their execution. The provisions thus do not allow for an alteration of the sentence in such cases.
The amendment and supplementation of the 2015 Penal Code by the Ministry of Public Security will be reviewed in October 2025 by the National Assembly and will perhaps adopt the amendments and alterations.
Sources and Further Readings:
Ministry of Public Security proposes to abolish death penalty for embezzlement and bribery
Proposal to remove death penalty for eight crimes in the Penal Code
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