The Ministry of Public Security (MPS) has proposed doubling monetary fines and the minimum monetary thresholds used to determine criminal liability, citing the doubling of citizens’ base salaries and a 9.3% rise in average per capita income starting in 2024.
The Latest: The MPS has proposed doubling monetary fines and the minimum monetary thresholds used to determine criminal liability.
- This proposal was raised in the draft policy dossier for the amended Penal Code, which the MPS released on June 26.
- The MPS will collect public feedback on the draft from June 26 to July 16.
The Details: In the draft policy dossier, on page 10, section 3.3, the MPS stated that “the levels of fines and monetary thresholds used in defining the elements of certain crimes […] are no longer appropriate in light of price fluctuations and the current development of socio-economic conditions.”
- To support this, the MPS cited that “the base salary is expected to rise to 2,530,000 đồng from July 1, 2026, more than double,” while noting that “GDP per capita in 2025 is estimated at 125.5 million đồng per person,” and “average per capita income at current prices in 2025 is about 5.9 million đồng per person per month, up 9.3% from 2024.”
The MPS proposed doubling fines and monetary thresholds for defining crimes to align with socio-economic development and avoid criminalizing low-risk acts.
Furthermore, in the policy impact assessment report included in the same dossier, the Ministry of Public Security indicated that fines applied to several groups of crimes involving illegal gains “remain low” and “are not yet appropriate.”
- These include violations in manufacturing, business, and trade; tax, finance, banking, securities, and insurance violations; crimes infringing upon the economic management order; and crimes related to information technology and telecommunications networks.
- From there, the ministry proposed that it is “necessary to increase fines” to “ensure deterrence” and “improve effectiveness” in addressing the economic consequences caused by criminal acts.
The Background: The phrase “monetary thresholds used in defining the elements of crimes” refers to the amount that must be appropriated or the level of damage that must be caused before a person can face criminal liability.
- Below that threshold, the act would only be subject to administrative penalties or other sanctions.
- For example, under Article 173 on theft, stolen property must be worth at least 2 million đồng for the act to constitute a crime, except in certain special cases such as repeat offenses or theft of antiques.
Regarding current fines, the MPS noted that “the minimum fines under Article 35, for individuals, and Article 77, for commercial legal entities, are relatively low.”
- Under Clause 3 of Article 35 and Clause 2 of Article 77 of the 2015 Penal Code, fines imposed on individuals must not be lower than 1 million đồng.
- For commercial legal entities convicted of crimes, fines must not be lower than 50 million đồng.
Why It Matters: If the proposal to double monetary thresholds for criminal liability is adopted, it could decriminalize many cases involving property offenses, smuggling, deceiving customers, tax evasion, and other economic crimes.
Thành Phương wrote this article in Vietnamese and published it in Luật Khoa Magazine on July 2, 2026. The Vietnamese Magazine has the copyrights to the English translation.
