Vietnam’s National Assembly Debates Abolishing Death Penalty for Key Offences

In a landmark move, Vietnam’s government has put forward a proposal to abolish capital punishment for eight serious offences, signaling a profound shift in the nation’s criminal justice framework. Presented during the National Assembly’s 9th session on May 21, 2025, in Hanoi, the draft amendment to the Penal Code seeks to replace the death penalty with life imprisonment without parole for crimes ranging from espionage to bribery. As lawmakers grapple with the implications, the debate underscores Vietnam’s evolving approach to balancing public safety with humanitarian considerations.

A Significant Policy Shift

The proposal, introduced by Minister of Public Security Lương Tam Quang, targets eight of the 18 offences currently punishable by death under Vietnamese law. These include attempts to overthrow the administration, sabotage of national infrastructure, production and sale of counterfeit medicine, espionage, illegal transportation of narcotics, embezzlement, and bribery. The minister emphasized that life imprisonment without parole would serve as a robust alternative, ensuring offenders are permanently isolated from society while aligning with the state’s long-term policy of reducing reliance on capital punishment.

Minister Quang highlighted that the current Penal Code, last revised in 2017, has shown limitations over the past eight years. He pointed to inconsistencies in sentencing, with wide ranges—spanning from 20 years’ imprisonment to life or death—complicating the application of the death penalty. In practice, courts have increasingly refrained from imposing capital punishment for certain crimes, such as subversion and the production of fake medicine, while using it sparingly for others like embezzlement. “The evolving nature of crime and Vietnam’s socio-economic realities demand a recalibration of our approach” said the minister during his address to the assembly.

Beyond abolishing the death penalty for specific offences, the draft law also proposes exemptions for death row inmates in humanitarian cases. Individuals with terminal illnesses, such as late-stage cancer or AIDS, could be spared execution under the new provisions. This element of the proposal reflects a growing emphasis on compassion within Vietnam’s legal reforms, even as the government seeks to maintain stringent deterrents against serious crime.

Divided Opinions in the Assembly

The government’s proposal has sparked intense debate among National Assembly members, revealing a divide over the pace and scope of reform. Hoàng Thanh Tùng, Chair of the Assembly’s Committee for Legal and Judicial Affairs, outlined two predominant viewpoints. One faction supports the government’s plan to eliminate capital punishment for the eight specified offences, viewing it as a progressive step toward modernizing Vietnam’s justice system. The other, more conservative group, while agreeing with the broader goal of limiting the death penalty, advocates caution, particularly for crimes like embezzlement, bribery, and drug trafficking, which they argue still warrant the ultimate punishment as a deterrent.

According to Tùng, the majority of the committee leans toward the cautious approach, reflecting concerns about public safety and the potential perception of leniency toward high-impact crimes. The debate is not merely academic; it touches on fundamental questions about the role of punishment in Vietnamese society and how the state balances retribution with rehabilitation. As one lawmaker noted during the session, reducing the death penalty must not come at the expense of undermining public trust in the justice system’s ability to address severe corruption or drug-related offences, which remain pressing issues in the country.

Broader Amendments and Penalties

The draft amendment extends beyond the death penalty, proposing tougher prison terms and financial penalties for a range of other offences. Environmental crimes, as well as the production and trade of counterfeit goods, food, and pharmaceuticals, are slated for harsher sanctions. Minister Quang framed these changes as essential to strengthening deterrence and protecting citizens’ rights and state interests. The committee, while broadly supportive of increased penalties for environmental and food safety violations, has called for clearer justifications to ensure the proposed measures are proportionate to the offences.

In a nod to Politburo Resolution 68, which encourages prioritizing financial penalties over imprisonment for economic and environmental crimes when feasible, the committee endorsed doubling monetary fines for specific violations related to public order and environmental protection. Members also recommended that fines be set at appropriate levels and paired with mandates for offenders to compensate for damages caused—a move aimed at ensuring accountability while addressing the economic impact of such crimes. For instance, penalties for environmental degradation could see violators paying significant sums, such as 100 million Vietnamese Dong (US$4,000 as of May 24, 2025), alongside restitution for affected communities.

Contextualizing Vietnam’s Legal Evolution

Vietnam’s push to limit capital punishment aligns with broader regional and global trends, though it remains a deeply contextual process shaped by the country’s political and cultural landscape. Governed by the Communist Party of Vietnam (CPV), the nation has historically maintained strict penalties for crimes deemed threats to national security or social order, such as subversion or drug trafficking. The death penalty, often applied through lethal injection since 2011, has been a cornerstone of this approach, though its use has declined in recent years amid domestic and international advocacy for abolition.

The current proposal builds on incremental reforms. The 2017 Penal Code revision already reduced the number of offences punishable by death, and courts have shown restraint in sentencing, particularly for non-violent crimes. This latest draft, if passed, would mark a more decisive step, reflecting Vietnam’s commitments under international human rights frameworks, including its obligations as a signatory to the United Nations Convention Against Torture. However, the government remains cautious, balancing progressive reforms with the need to address public concerns about crime and corruption—issues that resonate deeply in a country undergoing rapid economic transformation.

For context, Vietnam’s socio-economic realities, as referenced by Minister Quang, include a burgeoning middle class, increasing foreign investment, and persistent challenges with corruption and drug trafficking. These factors shape public and political attitudes toward criminal justice. While some citizens and advocacy groups welcome the move toward life imprisonment as a humane alternative, others fear it may weaken deterrence against offences like bribery, which have long plagued governance and economic development. Public sentiment, gauged through local media and social platforms, appears mixed, with many awaiting further details on how the reforms will be implemented.

Legislative Process and Implications

The government has requested that the draft amendment be fast-tracked through the current National Assembly session, with a proposed effective date of July 1, 2025. This timeline aligns with broader efforts to streamline Vietnam’s political system, including the implementation of a two-tier model of local government. If adopted, the law would not only reshape sentencing for serious crimes but also signal Vietnam’s intent to modernize its legal framework in line with international norms—albeit at a pace and scope tailored to national priorities.

The implications of the amendment extend beyond the courtroom. Reducing the death penalty could enhance Vietnam’s standing in diplomatic and trade negotiations, particularly with partners in the European Union, where opposition to capital punishment is a prerequisite for certain agreements. Domestically, however, the government must navigate potential backlash from segments of the population and political establishment wary of perceived leniency. The debate over crimes like drug trafficking is particularly charged, given Vietnam’s position as a transit point for narcotics in Southeast Asia and the severe societal toll of addiction and related crime.

Looking Ahead

As the National Assembly continues its deliberations, the proposed abolition of the death penalty for key offences stands as a test of Vietnam’s commitment to legal reform. Will the shift to life imprisonment without parole adequately address public safety concerns, or will it fuel perceptions of a softened stance on crime? How lawmakers resolve the divide between progressive and conservative factions could set a precedent for future amendments, not just in criminal justice but across Vietnam’s evolving governance landscape. For now, the nation watches as this historic debate unfolds, weighing the balance between punishment and humanity in a rapidly changing society.