Việt Nam’s police are pushing to grant criminal immunity to police and armed forces personnel who cause harm while on duty.
The Latest: On Oct. 22, the Ministry of Public Security (MPS), which is leading the drafting of the amended Penal Code, released a report responding to comments from the National Assembly Standing Committee, the Committee on Law and Justice, and National Assembly deputies, according to the newspaper Lao Động.
- Under the proposal, members of the armed forces who “properly” and “fully” carry out their duties but still cause harm would not be held criminally liable.
Proposed Changes: Under Article 28 of the revised draft, members of the people’s armed forces who are assigned to and directly carry out tasks in national defense, protecting national security, maintaining social order and safety, or fighting crime, and “who have properly and fully carried out their responsibilities as prescribed within the scope of their assigned duties but still cause harm, shall not bear criminal liability.”
- According to Article 22 of the 2018 Law on National Defense, the people’s armed forces consist of the People’s Army, the People’s Police, the militia, and self-defense forces.
From the MPS: Responding to comments that the provision must come with conditions that are “transparent, controllable, and equal before the law,” the MPS stated that current laws on defense and security duties are “relatively complete, comprehensive, and strict” on procedures and authority.
- The ministry also said “the conditions and the people they apply to are strict” and that “during implementation, if necessary, the Supreme People’s Court will issue guidance.”
Furthermore, to address concerns that the provision could create inequality between crime-fighting agencies inside and outside the armed forces, the MPS argued that the armed forces “regularly have to handle dangerous, high-risk situations.”
- The ministry emphasized that limiting who qualifies “is not meant to create a ‘privilege,’ nor does it create inequality, but is a reasonable distinction.”
Ambiguities in the Proposal: The draft does not say which body would decide whether an officer or soldier had “properly and fully” carried out their responsibilities.
- It also does not state whether people who are harmed could file a complaint or ask for that finding to be reviewed.
- The MPS stated that only the Supreme People’s Court would issue guidance “if necessary.”
The Background: The MPS has repeatedly proposed exempting police from criminal liability.
- In April, in its draft policy dossier for the amended Penal Code, the ministry proposed excluding criminal liability when police carry out “professional measures.”
- Later, on Oct. 19, Deputy Minister of Public Security Lê Quốc Hùng told the Hồ Chí Minh City delegation of National Assembly deputies that the provision aims to institutionalize a plan to protect armed forces officers and soldiers while on duty.
Why It Matters: Over the years, there have been many cases of police beating people to death and of police chases ending in death or injury.
- Most recently, in April, a 12th-grade student in Đắk Lắk died after a traffic police major chased him without signaling him to stop. The student lost control and crashed into a ditch.
- The officer was later charged with “failing to help a person in a life-threatening situation” under Clause 2, Article 132 of the Penal Code.
Thành Phương wrote this news article in Vietnamese and published it in Luật Khoa Magazine on October 26, 2026. The Vietnamese Magazine translated it into English.
