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The Latest: On May 13, 2026, the Ministry of Justice released a document titled “Compilation, Responses, and Explanations of Public Comments and Policy Consultations on the Draft Revised Penal Code.”

Within this document, the Ministry of Public Security (MPS) formally responded to public opposition regarding the proposed addition of a new criminal offense: “propaganda against the Communist Party of Vietnam.” The MPS stated that it would “maintain the proposal” despite citizen concerns.

The Details: The public opposition was highlighted by comments from two citizens. Nguyễn Lê Minh Đức submitted a comment arguing that “As a political party and the force leading the country, the Communist Party of Vietnam (CPV) must be monitored and criticized to build the nation,” and that “criminalizing acts of ‘propaganda against the CPV’ runs contrary to the principles of democracy and equality that Việt Nam claims to pursue.”

Furthermore, Nguyễn Lê Minh Đức argued that the “definition of opposing the party is vague and easily subject to abuse.”

Sharing a similar view, an individual named Trần Lê Châu Giang also opposed the new offense of “propaganda against the CPV.” The submission argued that the offense is unreasonable because the CPV is merely a “political organization,” and creating such a crime could place the party in “a special legal position higher than other entities,” which would undermine the principle of “equality before the law.”

Furthermore, the submission warned that the offense could “be used to suppress criticism, dissent, or evidence-based rebuttals,” thereby creating “a climate of fear in which people do not dare to contribute opinions.”

In response, the MPS defended its stance, stating that “the addition is necessary to ensure national security, protect the political and ideological foundations of the regime, and close legal gaps in handling acts of propaganda that distort, defame, or deny the Party’s leadership role with the purpose of sabotage.”

Addressing the concern that the law would “place the party above the law,” the MPS cited the 2013 Constitution, emphasizing that “the Communist Party of Vietnam is the force leading the state and society.” Therefore, the ministry argued, “protecting the party from hostile propaganda” equates to “protecting a constitutional-political institution” that is vital to the “stability of the state, the regime, and national security.”

In response to Nguyễn Lê Minh Đức’s specific concerns, the MPS said it had “taken the feedback into consideration in the direction of further technical revisions to avoid vague interpretations.”

However, the MPS asserted that the feedback “is not grounds for removing” the proposed provision. Instead, the MPS said that “the appropriate solution” is to “draft the provision more tightly, clearly defining the objective acts, anti-state intent, propaganda content, and degree of social danger.”

The Background: The MPS completed the public consultation period for the Draft Policy Dossier on the Penal Code on May 7.

The MPS had proposed adding the specific offense of “ propaganda against the Communist Party of Vietnam, ” under the reasoning that it constitutes “socially dangerous conduct” and that existing laws currently only criminalize acts “against the state,” but do not cover acts “against the Communist Party.”

Moving forward, the revised draft for the Penal Code is expected to be released for public comment in July 2026. Following that period, it will be submitted to the 16th National Assembly for discussion during its third session and is scheduled for approval during its fourth session in 2027.

Why It Matters: Notably, this dossier is one of the rare draft legislative documents in recent years to include direct public input. In contrast, previous consultation documents , such as those for the Resolution on Digital Citizenship Development published by the MPS, contained only feedback, comments, and critiques sourced strictly from organizations and state agencies.

Hoàng Nam wrote this article in Vietnamese and published it in Luật Khoa Magazine on May 15, 2026. The Vietnamese Magazine has the copyrights of the English translation.

Vietnamese Citizens Oppose Proposed Penal Code Offense of ‘Propaganda Against the Communist Party’

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