The Ministry of Public Security (MPS) pushes for sweeping criminal immunity for officers executing “operational measures.”
The Latest: The Ministry of Public Security (MPS) is seeking public feedback on the dossier for the draft amended Criminal Code from June 26 to July 16. In this draft, the MPS maintains its proposal to exclude police officers from criminal liability when carrying out “operational measures.”
The Details: According to a proposal by the MPS, police forces would “not bear criminal liability” even if they “cause damage” or are “forced to carry out acts showing signs of a crime.”
Repeating the content of a previously published draft dossier, the MPS reaffirmed that operational measures are “one of the important police work measures to prevent and fight crime.”
- The ministry also stated that to ensure security work and crime prevention, police forces must also apply “secret” operational measures. (Summary Report, p. 37)
As a result, the MPS is keeping its proposal to exclude police from criminal liability, verbatim, under Article 26a:
“Any person in the people’s armed forces who, in performing national defense or security duties or in fighting and preventing crime, has fully complied with the provisions of law but still causes damage shall not bear criminal liability.”
The Background: This provision was first proposed in late April 2026.
- The MPS argued that current regulations lack “a protection mechanism for officers and soldiers in the performance of their duties” when they have “complied with the procedures for applying operational measures” but still “cause damage or are forced to carry out acts showing signs of a crime.”
Why It Matters: In addition to this specific proposal, the draft amended Penal Code, which is now open for public feedback, also adds and revises several offenses in ways that would exempt punishment, exclude liability, or temporarily postpone prosecution.
Luật Khoa Magazine lists some of them in the table below.
| Offense | Type of Exemption | Legal Basis |
| A person who commits an act that causes socially harmful consequences due to force majeure. | Not subject to criminal liability | Article 20a |
| Members of the armed forces who perform national defense, security, or crime prevention and combat duties, and who have fully complied with the law but still cause damage. | Not required to bear criminal liability | Article 26a |
| A person who commits an offense while carrying out projects serving national defense, security, or local and national socioeconomic development, and who has fully remedied the consequences and produced effective results. | Temporary suspension of criminal prosecution | Point d, Article 29 |
| A person who commits economic crimes causing damage, but does so for the purpose of socio-economic development and ensuring national defense and security, without corruption, bringing socio-economic benefits to the locality and the country, and has fully remedied the consequences and compensated for all damages. | Exemption from punishment | Point 2, Article 59 |
| A person who commits economic offenses that cause damage, but does so for the purposes of socioeconomic development or ensuring national defense and security, without corruption, brings socioeconomic benefits to the locality or the country, fully remedies the consequences, and fully compensates for the damage. | Exemption from criminal liability | Point 4, Article 109 |
Hoàng Nam wrote this article in Vietnamese and published it in Luật Khoa Magazine on July 3, 2026. The Vietnamese Magazine has the copyrights to the English translation.
