The Ministry of Public Security (MPS) is pushing for a controversial legal expansion that would exempt extended family members from criminal liability for concealing crimes, a move that contrasts with its simultaneous efforts to penalize defense lawyers.
Latest Developments: On April 17, 2026, the ministry released the Draft Policy Dossier for the amended Penal Code, opening it for public feedback through May 7.
Within the submission (page 11), the document proposes widening the scope of relatives who are legally protected from being prosecuted for failing to report or actively concealing an offender’s crime.
The Details: Under the new proposal, the protective umbrella would be greatly expanded to include adoptive parents, parents-in-law, stepfathers, stepmothers, adopted children, sons-in-law, daughters-in-law, and stepchildren from a spouse.
- In its review report (page 22), the ministry argues that current regulations do not adequately encompass close familial bonds, thereby failing to ensure the law’s humanitarian and equitable nature.
- This leniency is not extended to legal professionals. In the very same section, the ministry targets Clause 3, Article 19 of the current Penal Code, which currently protects defense counsel from criminal liability. The ministry argues this lawyer exemption is inappropriate and violates the principle that “all criminal acts committed must be promptly detected.”
- While they propose leaving the rules unchanged for crimes that have already been completed, the ministry insists that lawyers must face criminal liability if they fail to report crimes their clients are either preparing to commit or are currently committing.
Why It Matters: The proposal represents a significant departure from both existing domestic law and international norms. Currently, Articles 18 and 19 of the Vietnamese Penal Code restrict these exemptions to a very tight circle: grandparents, parents, children, grandchildren, siblings, and spouses.
Broadening the definition to include extended in-laws and step-relatives is highly unusual globally. Most international legal systems prioritize public safety over extended clan loyalty, strictly limiting exemptions. For instance, under Article 434-1 of the French Penal Code, exemptions for failing to report a crime are reserved strictly for immediate parents, siblings, and spouses.
The Timeline: This proposed shift traces back to Oct. 20, 2025, when former Prime Minister Phạm Minh Chính signed Decision No. 2321 to approve the development plan for the amended Penal Code. Notably, the government introduced a new requirement to “encourage the application of restorative and community reintegration measures.”
Following the current consultation phase, the fully drafted Penal Code is scheduled for public release in July 2026. It will subsequently be submitted to the 16th National Assembly for review at its third session, with final passage targeted for 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.
