Vietnam's lawmakers debate death penalty cuts, sentencing leniency

The draft also proposes sentence reductions for offenders who voluntarily plead guilty and cooperate with investigators, alongside new offenses targeting cybercrime and emerging financial markets.

Deputy Nguyen Thanh Sang of the Ho Chi Minh City delegation backed plans to abolish capital punishment for rebellion, crimes against humanity, war crimes and terrorism but urged lawmakers to retain it for drug trafficking and the rape of children under 16.

Drug trafficking continued to cause serious harm to families and communities, he said, arguing that the death penalty should remain available for ringleaders and those trafficking exceptionally large quantities of drugs.

He suggested raising the thresholds for capital punishment rather than abolishing it outright and proposed reassessing the policy in 2030.

Huynh Ngoc Liem, a NA deputy representing Lam Dong Province, supported the proposed reductions, arguing that harsher penalties do not necessarily reduce crime.

He pointed to Vietnam's gradual reduction in capital offenses, from 44 in 1985 to 10 under the current Penal Code. The latest draft would narrow the scope further, in line with the country's judicial reform agenda, he said.

Public Security Minister Luong Tam Quang defended the proposal to remove the death penalty for drug trafficking, saying some offenders had been deceived, coerced or drawn into criminal networks and could still be rehabilitated.

The prospect of avoiding execution could also encourage offenders to cooperate with investigators and help dismantle wider trafficking networks, he said.

For the rape of children under 16, Quang acknowledged the seriousness of the crime but said life imprisonment would remain a severe punishment. If the offense directly caused a victim's death, the perpetrator could also face a murder charge if the legal requirements were met.Leniency for cooperating offenders

Deputy Duong Duc Hai of Hanoi said criminal policy should encourage offenders to cooperate with investigators, help recover assets and compensate victims.

He stressed that any leniency must be accompanied by safeguards protecting defendants' rights. Guilty pleas must be voluntary and supported by evidence, while courts must independently determine guilt and punishment.

An NA deputy from Khanh Hoa Province, Bui Manh Cuong, also backed provisions allowing reduced sentences for defendants who voluntarily admit guilt, disclose relevant information and accept a proposed punishment.

Under Article 57 of the draft, courts could impose sentences below the normal range under specified conditions, with greater leniency available to offenders who actively compensate victims and remedy the harm caused.

Cuong said the measures could speed up proceedings, save judicial resources and improve victims' chances of recovering their losses.

He stressed that a guilty plea must not serve as the sole basis for conviction or replace prosecutors' obligation to prove guilt.

The revised Penal Code would introduce 11 new offenses, including violations involving consumer protection, crypto-assets, illegal fishing, cybercrime and the proliferation or financing of weapons of mass destruction.

It would also criminalize participation in transnational organized criminal groups and allow criminal liability at the preparation stage for 35 offenses, enabling authorities to intervene before crimes are completed.

Separately, the draft expands corporate criminal liability to cover 24 additional offenses, including fraud, human trafficking, environmental violations and personal data breaches.

Minister Quang said the changes aimed to close legal loopholes that allow companies to be used as fronts for criminal activity while protecting legitimate businesses.

The drafting body will continue reviewing lawmakers' recommendations before submitting the revised Penal Code for consideration and approval.