As it takes over as the lead drafter of the amended Penal Code, the Ministry of Public Security (MPS) has proposed an unprecedented legal provision: broad exemptions from criminal liability for the police force.
Latest Developments: On April 17, 2026, the MPS released the Draft Policy Dossier for the amended Penal Code, initiating a public consultation period through May 7. Within the draft explanatory document on policy codification (page 2), the MPS proposes adding sweeping provisions to shield police from criminal liability while on duty.
The Details: The exemption would specifically apply to cases involving the implementation of “professional measures” by agencies engaged in crime prevention and the protection of public order.
- To justify this, the MPS cites the Law on the People’s Public Security Forces and the Law on National Security. It asserts that professional measures are essential tools for safeguarding national security, arguing that their usage “has both legal and practical grounds, stemming from the specific and specialized nature of police work.”
- The MPS claims the current Penal Code lacks the mechanisms and provisions necessary to protect officers carrying out their assigned duties.
- However, because the document is only a draft policy reflecting general legislative directions, the precise procedures, conditions, and exact definitions of what constitutes a “professional measure” remain completely undefined.
The Backstory: The push for broader immunity is highly controversial given the nation’s history. Over the years, there have been multiple high-profile cases involving police causing deaths during pursuits or violent interrogations.
- In 2012, four former police officers from Kim Nỗ Commune in Hà Nội beat a man to death while attempting to force a confession; by 2014, former Deputy Chief of Commune Police Nguyễn Ngọc Tuyên was sentenced to 17 years in prison for murder.
- That same year, five former police officers from Phú Yên Province inflicted corporal punishment that resulted in a civilian’s death, leading to sentences of up to five years in prison in 2016.
- Additionally, in 2013, four traffic police officers chased a 19-year-old female student in Bắc Ninh Province for not wearing a helmet, ultimately leading to her death.
Why It Matters: Under current criminal law, provisions that exclude criminal liability for police are heavily restricted to situations like legitimate self-defense, urgent necessity, or causing harm while apprehending an offender, as outlined in Chapter 4 of the Penal Code.
The law contains no broad “professional measures” exemption. Similarly, while international legal systems exempt officers performing lawful duties, they strictly limit these protections to clearly defined conditions, rather than blanket professional exemptions.
The Timeline: Politically, the proposal is anchored by Regulation 183/2024 of the Central Committee of the Communist Party, which mandates the protection of officials performing public duties in investigation, prosecution, adjudication, and enforcement activities.
Institutionally, the shift began on Oct. 20, 2025, when former Prime Minister Phạm Minh Chính signed Decision No. 2321 to approve the amended Penal Code’s development plan, replacing the Ministry of Justice with the MPS as the lead drafting body.
The fully drafted code is expected for public consultation in July 2026, followed by a review by the 16th National Assembly at its third session and scheduled passage 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.
