Trần Phương wrote this article in Vietnamese, which was published in Luat Khoa Magazine on December 31, 2024. Thúc Kháng translated it into English for The Vietnamese Magazine.
Life grants humanity the gift of existence but also the capacity for destruction. In modern society, every effort is made to suppress violence and deliver retribution to those who would take another’s life. By all accounts, a murderer must face justice for their crimes, with the aftermath of brutal killings often accompanied by calls for the death penalty.
Even though public opinion may demand capital punishment for the crime of murder, the final decision lies with the court. Judges weigh multiple factors before imposing the death penalty, yet an ongoing debate persists: Is capital punishment a just and effective deterrent, or does it risk increasing the severity and frequency of violent crimes?
The Death Penalty in Murder Cases
According to state media reports, Vietnamese courts handed down 45, 53, and 46 death sentences for murder in 2022, 2023, and the first ten months of 2024.
Ho Chi Minh City and Hanoi recorded the highest number of death sentences for murder over the three-year period, with 26 and 23 cases, respectively. They were followed by An Giang (9 cases), Kien Giang (6), Khanh Hoa (5), and Binh Phuoc, Ca Mau and Quang Ngai, each with 4 cases. Meanwhile, Bac Giang, Hai Duong, Lai Chau, Long An, and Tay Ninh each recorded three death sentences for murder. Notably, southern provinces accounted for the majority of these rulings.
A significant number of defendants were driven by four main motives: jealousy and family disputes (ghen tuông, mâu thuẫn gia đình), robbery-related killings (giết người cướp của), and revenge (trả thù)— including crimes of passion, such as murdering a romantic rival-alongside other conflicts.
The motives behind murder cases have evolved over the years. These shifts are likely a reflection of broader societal trends and the judiciary’s use of capital punishment as a deterrent. In 2021, the economic hardships caused by the COVID- 19 pandemic led to a noticeable increase in death sentences for robbery-related murders.
In 2021, 2022, and 2023, the number of death sentences for murders stemming from jealousy and family disputes (ghen tuông, mâu thuẫn gia đình) increased. During this period, the COVID-19 pandemic severely impacted family life, exacerbating tensions between household members. Likewise, Vietnam saw a rise in divorce rates during the two years of the pandemic, particularly due to domestic violence. Additionally, the number of death sentences for revenge-driven murders (trả thù) also increased in 2022.
More than 93% of those sentenced to death for murder were men. Meanwhile, the victims came from more diverse demographics — over 45% were women (83 out of 186) and 4.3% were children (8 victims).
The relationship between murderers and their victims also varied across the years. In 2021 and 2022, the number of murders involving acquaintances (quen biết) and family members (người trong gia đình) was nearly equal. However, one key difference was the rise in homicides within romantic relationships outside the family (quan hệ yêu đương {ngoài gia đình}), a trend that continued with a slight increase in 2023.
It is important to note that the 2024 data only includes cases that were committed and tried within the same year. The additional murder cases from that period are expected to go to trial in 2025 and 2026.
The Relationship Between Suspects and Victims
Most murders involving strangers were primarily motivated by robbery. In contrast, cases involving acquaintances were largely driven by revenge and personal disputes over financial matters, such as unpaid debts. Within families, the leading causes were conflicts between spouses, disputes between parents and children, and, in a smaller number of cases, domestic violence.
The chart below illustrates the proportion of suspects involved in drug use (Sử dụng ma túy), alcohol consumption (Uống rượu), gang-related killings (Giết người theo kiểu băng nhóm), or with no connection to these factors (Không có ba yếu tố này). The majority of death sentences were handed down to suspects who had no ties to any of these three elements, followed by those who committed murder after consuming alcohol.
To accurately assess the impact of these factors on capital punishment, a more comprehensive dataset is needed — one that includes all murder cases, including those that did not result in the death penalty.
Ethnicity
Between 2022 and 2024, the following provinces did not issue capital punishment for murder: Bac Kan, Dak Nong, Dien Bien, Dong Thap, Gia Lai, Ha Giang, Ha Nam, Hau Giang, Kon Tum, Lao Cai, Nam Dinh, Phu Tho, Quang Binh, Son La, Vinh Phuc, and Yen Bai.
There have been cases where nearly identical murder cases resulted in vastly different outcomes depending on the province. For instance, in two separate cases of husbands murdering their wives in Bac Giang and Kon Tum, both perpetrators used knives. However, the court in Bac Giang sentenced the defendant to death, while the court in Kon Tum imposed a 13-year prison sentence. The key distinction is that the suspect in Kon Tum belonged to an ethnic minority group.
Approximately 50% of Kon Tum’s population belongs to ethnic minority groups. Regardless of the brutality of the crimes, out of 16 ethnic minority defendants convicted of murder in the province, only one received a life sentence; the rest were given shorter prison terms.
Several provinces that did not issue death sentences for murder have a high percentage of ethnic minority residents, including Gia Lai (46%), Bac Kan (88%), Dien Bien (70%), Ha Giang (87%), Lao Cai (66%), and Yen Bai (57%).
Ethnicity is likely a factor courts consider when deciding on death sentences for murder in these provinces. Among the 144 death penalty rulings collected from 2022 to 2024, only three were issued to ethnic minority defendants — in Lam Dong, An Giang, and Lai Chau. All three cases stemmed from family conflicts.
The Dark Side of the Death Penalty
Capital punishment not only fails to reduce the number of murders but may actually increase the level of brutality in such crimes.
The death penalty can reinforce the notion that the severity of the crime and the number of victims — whether one, two, three, or even a recent arson that claimed 11 lives — results in the same maximum punishment: death.
There have been cases where perpetrators deliberately killed multiple people in an act of revenge. For example, in a 2023 case in Ca Mau, a defendant murdered his wife at 7 AM, then killed his mother-in-law at 4 PM, and an hour later, took the life of his father-in-law.
In cases of accidental manslaughter, the death penalty can worsen the situation. Someone who accidentally causes a death — or even believes they have — may fear the possibility of being given the death sentence. As a result, they might go to great lengths to cover up the crime, including fleeing, attempting to destroy evidence, or even killing the victim to ensure that they will not be caught. In such instances, the fear of capital punishment can lead individuals to commit even more inhumane acts.
However, in societies that do not enforce the death penalty, murder convictions result in varying prison sentences. In such cases, perpetrators might take this into consideration and focus on minimizing the consequences, hoping for a lesser sentence.
In recent years, murder cases in Vietnam have increased in severity and have grown more alarming, suggesting that the death penalty likely has a minimal deterrent effect. Likewise, capital punishment has been used as a means to permanently remove offenders from society when the court deems them beyond rehabilitation. However, such assessments — regardless of the basis — are often subjective, leading to injustice, as cases of varying severity receive the same sentence.
