Vietnamese government proposes scrapping death penalty for 6 offenses

Tuyen presented the draft amendments at a meeting of the National Assembly Standing Committee held in Hanoi on Tuesday to discuss revisions to the Penal Code.

Under the draft, the death penalty would be removed for rebellion, rape of a person under 16, illegal drug trafficking, crimes against humanity, war crimes, and terrorism aimed at opposing the people's administration.

If approved, the death penalty would remain for four offenses: treason, murder, terrorism, and illegal drug production.

Tuyen said the proposal is intended to institutionalize the Party's policy of narrowing the scope of capital punishment, align with progressive legislative trends, and strengthen Vietnam's position in international cooperation on criminal justice, extradition, and mutual legal assistance.

The National Assembly's Law and Justice Committee supported further narrowing the scope of capital punishment, committee chairman Phan Chi Hieu said during the meeting.

However, several committee members called for caution over the proposal to abolish the death penalty for illegal drug trafficking, rape of a person under 16, crimes against humanity, and war crimes.

They said the changes could affect the deterrent and crime-prevention effects of criminal penalties and should be considered in relation to the seriousness of the offenses, the overall effectiveness of measures to combat particularly dangerous crimes, and international law.

Previously, the death penalty applied to 44 offenses under the 1985 Penal Code, 29 under the 1999 code, 22 under the 2009 code, 18 under the 2015 code, and 10 under the current version taking effect on July 1, 2025.

The government also proposed adding nine new offenses, focusing on areas including economic management, cybersecurity, high technology, the environment, public safety, and the proliferation of weapons of mass destruction.

It would also add new forms of criminal conduct to existing offenses, particularly in information technology, telecommunications, economic and commercial activities and intellectual property, to address gaps in criminal law and prevent offenders from escaping prosecution.

While agreeing to the addition of some new offenses, Hieu called for careful review of the elements of each offense, clearer boundaries between criminal offenses and administrative violations, and consistency with specialized laws.

The committee emphasized that lawmakers should carefully consider adding new offenses in areas that are still being piloted.

Hieu also said some lawmakers had proposed studying whether to criminalize or create separate offenses for violations in certain areas that significantly affect the effectiveness of state management, adversely affect public security and social order, or have caused public concern in recent years.