National Assembly Representatives Seek Clearer Criminal Law Rules

National Assembly Representatives Seek Clearer Criminal Law Rules
Vietnam National Assembly building in Hanoi.

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National Assembly representatives from Ca Mau province called for clearer criminal law rules during debate on three amended laws at the 2nd Session of the 16th National Assembly. The proposals addressed self-defense, criminal responsibility for research risks, penalties and the organization of criminal investigation agencies.

Discussion Group No. 12, which includes delegations from Ca Mau and Phu Tho provinces, considered the draft amended Penal Code, a draft resolution on implementing that code and a draft amended law on criminal investigation agencies. The source account says Ca Mau delegates supported the need for amendments, saying the drafts should address practical shortcomings while maintaining strict enforcement, humanistic values, consistency and feasibility.

National Assembly Representatives Address Self-Defense

Tran Thi Hoa Ry, Vice Chairwoman of the National Assembly’s Ethnic Council, proposed revising the draft rules on legitimate self-defense. She said assessments should consider the full circumstances at the time, rather than relying only on the harm caused.

Ry also said people should be able to defend themselves as necessary without first being required to flee or evade. At the same time, delegates called for a clear mechanism to prevent people from using self-defense claims to intentionally cause unlawful harm.

On research and innovation, Ry supported excluding criminal liability for objective risks. She said liability should apply only when conduct meets all elements of an offense under the Penal Code. Assessments, she proposed, should consider compliance with mandatory safety procedures, the ability to identify and control risks in real conditions, and the level of science and technology when the work took place.

Delegates Debate Penalties and Leniency

Nguyen Binh Tan, deputy head of the Ca Mau provincial National Assembly delegation, called for stricter rules for leaders and masterminds if the death penalty for producing and trading prohibited goods, specifically narcotics, were changed to life imprisonment. He raised the possibility of life imprisonment without parole.

Tan also urged lawmakers to examine proposals allowing offenders to confess and accept a proposed punishment during investigation. He said rules should keep investigation and trial stages consistent and ensure a final judgment rests on evidence and court proceedings.

For commercial legal entities, Tan proposed retaining temporary suspension of operations in appropriate cases. Drawing on practical experience with violations, including environmental violations, he said suspension could support strict enforcement while giving organizations an opportunity to remedy consequences.

Truong Dung Tien, vice chairman of the Ca Mau provincial Vietnam Fatherland Front Committee and chairman of the provincial Veterans Association, asked the drafting agency to study carefully whether to remove the death penalty for narcotics trafficking. Delegates said voters wanted a thorough assessment of drug offenses and their effects on society.

Tran Hoai Nam, a full-time member of the National Assembly’s Committee on Citizen Petitions and Supervision, supported adding circumstances that benefit offenders. He called for clear conditions and procedures where an offender would accept a proposed sentence during investigation, noting that charges and sentencing can differ by trial. Delegates also sought consistency with existing mitigating circumstances such as self-confession, surrender and honest declaration.

Investigation Agency Roles Also Under Review

Major General Ho Viet Trieu, director of the Ca Mau Provincial Police, said the investigation agency bill should align with the Penal Code and Criminal Procedure Code, particularly under a two-tiered local government structure. He called for clearer responsibilities, coordination and investigator standards as agencies assign investigators to commune-level areas.

Trieu also said lawmakers should define individual criminal liability when people intentionally exploit legal entities for personal gain or to cause harm, while avoiding unnecessary barriers to legitimate fundraising and business operations. The delegates’ proposals now form part of the session’s consideration of the draft amendments.

For related coverage, read about mediation in a legal aid dispute, facial recognition in criminal courts and a Supreme Court ruling on police stop powers.

The three draft measures remain under consideration during the National Assembly session.

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Law News Day Staff
Staff at Law News Day.

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National Assembly Representatives Seek Clearer Criminal Law Rules
Vietnam National Assembly building in Hanoi.

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