Việt Nam’s criminal law is facing significant transformation with the proposed introduction of two entirely new elements: community service and electronic monitoring.
Latest Developments: On April 17, 2026, the Ministry of Public Security (MPS) released a draft policy dossier for the revised Penal Code, opening it for public feedback through May 7. On page 14 of the draft policy submission, the ministry officially proposes adding community service as a supplementary form of punishment and utilizing electronic monitoring as a strict enforcement measure to complete the nation’s framework of penalties.
The Details: Under the proposal, community service would require convicted individuals to perform specific types of unpaid labor for the community’s benefit, scheduled strictly outside of their regular working or study hours.
Meanwhile, electronic monitoring is pitched as an enforcement measure for specific non-prison sentences. This would apply to cases involving non-custodial reform, suspended prison sentences, conditional early release, probation, and residence restrictions.
The current proposal is only a draft policy that outlines general directions rather than a complete legislative draft, so the exact procedures, conditions, and scope of application for these measures have yet to be specified.
The Backstory: On Oct. 20, 2025, former Prime Minister Phạm Minh Chính signed Decision No. 2321 to approve the development plan for the revised Penal Code. Within this plan, the government introduced a definitive directive to “encourage the application of restorative and community reintegration measures.”
Notably, this revision marks a major shift in drafting authority. Mirroring the most recent amendment in June 2025, the MPS has completely taken the lead in drafting the new code, effectively replacing the Ministry of Justice, which traditionally held this role.
Why It Matters: These mechanisms are already widely used in many developed countries as alternatives or supplements to imprisonment, primarily aimed at reducing prison overcrowding and improving rehabilitation outcomes.
However, they would mark entirely new additions to Việt Nam’s criminal law, specifically expanding Article 32 of the current Penal Code.
Looking Ahead: The full revised draft Penal Code is expected to be released for public consultation in July 2026. From there, it will be submitted to the 16th National Assembly for review at its third session, with final passage scheduled for the fourth session in 2027.
Lê Sáng wrote this article in Vietnamese and published it in Luật Khoa Magazine on April 21, 2026. The Vietnamese Magazine has the copyrights of the English translation.
