Vietnam’s Ministry of Public Security has submitted a draft revised penal code to the National Assembly that increases penalties for vaguely worded offenses and shields security forces from criminal liability, drawing sharp opposition from international human rights monitors.
Proposed Penalties and Institutional Changes
The draft revisions were submitted for review during the National Assembly session held from August 3 to 24, 2026. Vietnamese authorities expect the revised penal code to be officially adopted on October 20. Under the proposal put forward by the Ministry of Public Security, penalties would increase significantly for offenses that critics argue infringe upon freedom of expression and other fundamental rights.
The ministry proposes raising the minimum prison sentence for violators of Article 331(2), which criminalizes acts deemed to “infringe upon the interests of the state,” from two years to three years. Additionally, Article 117—historically used to prosecute individuals for making, storing, disseminating, or propagandizing information aimed at opposing the State of the Socialist Republic of Vietnam—has been amended in the draft to broadly prohibit acts that “aim to oppose the Communist Party of Vietnam.” The draft also introduces a new criminal offense specifically targeting actions against the Communist Party flag, carrying a maximum sentence of up to three years in prison.
Furthermore, the ministry seeks to eliminate initial warnings, which currently serve as the lightest form of punishment under the penal code. Under the existing framework, warnings may be issued for individuals who have committed less serious crimes with multiple mitigating circumstances. The draft revised code removes this discretion, mandating a monetary fine regardless of how minor the infraction may be.
Scope of Capital Punishment and Immunity for Security Forces
While tightening restrictions in several areas, the draft penal code reduces the total number of crimes punishable by the death penalty from 10 down to 4. These remaining capital offenses are treason, murder, drug manufacturing, and terrorism. Human Rights Watch has urged Hanoi to use this legislative moment to abolish capital punishment entirely.
At the same time, the ministry has proposed exempting the police, armed forces, and paramilitary self-defense forces from criminal liability for actions taken while carrying out official duties. This provision coincides with another legislative review during the same National Assembly session, where lawmakers are evaluating a draft revised Law on Organization of Criminal Investigation Bodies. Within that proposal, the police have sought to abolish all investigating bodies belonging to the Supreme People’s Procuracy. If passed, no entity outside the police apparatus would retain the authority to investigate alleged wrongdoing by police and security personnel.
“Vietnam’s criminal laws need to be revised to become more protective of people’s rights, not to facilitate greater abuse by the police,” said Elaine Pearson, Asia director at Human Rights Watch, calling on the National Assembly to reject the draft revisions. “International donors and trade partners should press the Vietnamese government to amend its penal code to ensure that human rights are protected in both law and in practice.”
