The Latest: On May 13, the Ministry of Justice published an appraisal document for the policy dossier of the draft amended Penal Code prepared by the Ministry of Public Security (MPS). In a significant shift, the MPS has proposed reducing the number of crimes punishable by death in Việt Nam from 10 to two.
The Details: Under the proposal, capital punishment would be retained only for murder under Article 123 and for the rape of a person under 16 under Article 142.
The stated goal is to meet international standards to which Việt Nam is a party. Notably, drug-related crimes would be exempt from capital punishment, even though they currently account for nearly 85% of death sentences.
According to a report in the same dossier prepared by the MPS, illegal trading of narcotic substances accounts for 59.3% of death sentences, illegal transportation of narcotic substances accounts for 25.4%, and illegal production of narcotic substances accounts for only 0.01%.
Opposing the proposal, the Supreme People’s Procuracy said the death penalty should continue to apply to three additional crimes: treason under Article 108, illegal production of narcotic substances under Article 248, and illegal trading of narcotic substances under Article 251.
The procuracy said these crimes are “especially dangerous” because they seriously infringe upon national security or are organized and transnational in nature.
Other agencies, including the Ministry of National Defense and the Office of the President, also stated that the government should clarify the grounds for each group of crimes and each protected legal interest, particularly those related to national security and drug-related offenses.
In response, the MPS said it would continue studying the basis for abolishing the death penalty for each crime under the Penal Code.
The Background: The MPS recently held a public consultation on the draft policy dossier for the Penal Code from April 17 to May 7.
Currently, 10 crimes remain punishable by death: treason under Article 108; rebellion under Article 112; terrorism aimed at opposing the people’s administration under Article 113; murder under Article 123; rape of a person under 16 under Article 142; illegal production of narcotic substances under Article 248; illegal trading of narcotic substances under Article 251; terrorism under Article 299; crimes against humanity under Article 422; and war crimes under Article 423.
Why It Matters: Regarding the death penalty, the MPS has also made several other notable proposals, including commuting death sentences to life imprisonment for death-row prisoners whose sentences have not been carried out after 20 years and reducing death sentences to prison terms for offenders who show remorse and fully remedy the consequences of their crimes.
The draft amended Penal Code is expected to be released for public comment in July 2026. It is then expected to be submitted to the National Assembly for passage at the fourth session of the 16th National Assembly in 2027.
Huỳnh Lam wrote this article in Vietnamese and published it in Luật Khoa Magazine on May 18, 2026. The Vietnamese Magazine has the copyrights of the English translation.
