Việt Nam’s Ministry of Public Security (MPS) is doubling down on its proposal to add the crime of “propaganda against the Communist Party” to the draft policy dossier for the amended Penal Code.
The Latest: The MPS is collecting public feedback on the dossier for the amended Penal Code from June 26 to July 16.
- The ministry has retained the proposal to criminalize “propaganda against the Communist Party,” a provision first introduced in the initial draft released in April 2026.
The Details: The MPS proposes to revise Article 117 of the Penal Code to include “the crime of making, storing, distributing, or propagating information, documents, or items aimed at opposing the Communist Party of Vietnam or the Socialist Republic of Vietnam.”
- Currently, Article 117 only covers actions directed against the state. If adopted, this offense would carry a prison sentence of five to 12 years.
- The ministry justifies the proposal by stating in its review report (page 34) that the Communist Party is “a particularly important entity that must be protected” and that current regulations are “not yet consistent with the position, role, and importance of the Communist Party in the political system.”
The Background: Proposals to explicitly criminalize “propaganda against the Party” were first raised during discussions surrounding the 2015 Penal Code and the 2017 Law amending the Penal Code, though those efforts were not enacted at the time.
- Proponents, such as author Phan Bá in a piece for the Supreme People’s Procuracy, previously argued that it was necessary to separate “opposition to the state” from “opposition to the party” due to “difficulties in investigating and handling acts of propaganda against the Communist Party of Vietnam…”
- In an analysis published by Bình Phước newspaper in August 2016, author Diệp Viên also proposed that “acts of propaganda against the Party should be criminalized.” However, the 2015 Penal Code and the 2017 Law amending the Penal Code did not take up these proposals.
On April 17, 2026, the MPS officially proposed the offense in the draft dossier for the amended Penal Code.
Public Reaction: Public pushback has been significant since the proposal resurfaced in late April 2026.
- In the compiled public feedback document for the draft dossier, one citizen wrote, “As a political party and the leading force of the country, the Communist Party must be subject to monitoring and criticism to build the country.”
- They further argued that “legalizing the act of ‘propaganda against the Communist Party’ runs counter to the democratic and equality principles that Việt Nam has always sought to pursue.”
- They added that the definition of “opposition to the Party” is “vague and easily abused.”
- Sharing this perspective, another individual warned that the new offense could place the Communist Party in “a special legal position above other entities,” thereby affecting the principle of “equality before the law.”
In Luật Khoa’s April 23 Facebook post on the proposal, many users expressed concern and disagreement with the new provision.
- Lê Phương Nam asked: “What is the Ministry of Justice for if the Ministry of Public Security keeps proposing everything?”
- Người Kiếm Tìm commented: “This proposal is unconstitutional and violates democratic rights and freedom of expression. No political party should stand above the law and the people.”
Why It Matters: The Communist Party serves as the sole political authority leading both the state and the armed forces.
- Many individuals have already been imprisoned for criticizing Party leaders.
Until now, alleged violations of Article 117 have not clearly distinguished between acts “against the state” and acts “against the Communist Party,” with domestic media using the umbrella term “sabotaging the Party and the state.”
Hoàng Nam 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.
