Vietnam

Vietnam: Proposed Penal Code Reforms Mark Welcome Step Toward Capital Punishment Rollback, But Looming Executions Underline Need for Full Abolition​

communications34b384bb2c


Vietnam: Proposed Penal Code Reforms Mark Welcome Step Toward Capital Punishment Rollback, But Looming Executions Underline Need for Full Abolition

10 September 2026, Statements

The Vietnamese Ministry of Public Security has proposed the removal of the death penalty for several crimes under draft revisions to the Criminal Code, expected to be tabled for a final vote by the National Assembly in October. The Anti-Death Penalty Asia Network (ADPAN) strongly welcomes the intention to rollback the use of capital punishment in the country and urges Vietnam to abolish it completely. In light of this encouraging momentum, ADPAN views the ruling in the VN10 case trial in Ho Chi Minh City, where 11 defendants have already been reportedly sentenced to death out of 227 individuals tried in the drug trafficking operation, as a critical opportunity for Vietnam to put these progressive principles into immediate practice, commute these sentences, and pave the way for complete abolition.

Aligning Ongoing Drug Prosecutions with Vietnam’s Path to Abolition

The draft revisions proposed on August 20 include removing the death penalty for six offences: illegal drug trafficking (Article 251), rape of a minor under 16 (Article 142), rioting (Article 112), crimes against humanity (Article 422), war crimes (Article 423), and terrorism (by merging the state-opposing terrorism offence under Article 113 into the broader terrorism offence under Article 299). Should the proposal pass, Vietnam’s Criminal Code will keep the death penalty for only four offences: treason (Article 107), murder (Article 123), terrorism (Article 299), and the illegal production of narcotics (Article 248). 

 

Under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam is a state party, capital punishment must be strictly limited to the “most serious crimes”—a threshold explicitly defined under international law as involving intentional killing. Because drug offences do not constitute intentional murder, maintaining capital punishment for drug crimes constitutes a direct violation of international human rights norms. This principle should be applied to the VN10 case as well–accountability for the 11 defendants must be exercised in full compliance with international human rights law.

Furthermore, while ADPAN fully shares the imperative to confront child sexual violence, child protection is best achieved through robust law enforcement and social support systems in the best interest of the child—not through executions by the state.

Earlier this year, the Political Bureau also backed a plan to review issues with how the death penalty is applied and enforced under the Criminal Code, Criminal Procedure Code, and Law on Enforcement of Criminal Judgments. The evaluation aims to reduce the number of capital crimes and broaden opportunities to commute death sentences to life imprisonment where appropriate. These proposals follow Vietnam’s 2025 decision to end the death penalty for eight other categories of serious crimes.

Despite these legislative steps, executions and death sentences continue. Official figures remain classified as state secrets but according to Amnesty International, at least 138 death sentences were recorded in 2025, with 100 imposed for drug-related crimes.

Alignment with International Standards

Vietnam’s decisions reflect a global legislative shift towards reserving the death penalty solely for the most egregious crimes, bringing it into closer alignment with the ICCPR. According to the Ministry of Public Security, narrowing the death penalty’s scope aligns directly with official Party policy. Removing capital punishment for certain crimes will strengthen Vietnam’s standing in international criminal justice cooperation, extradition, and mutual legal assistance.

While narrowing the scope of capital offences is an encouraging step forward, incremental reductions leave the door open for future reinstatement. To secure lasting progress and build a rights-centric justice system, Vietnam must transition from partial reform to permanent abolition. Sparing the 11 defendants in the VN10 case from execution, commuting their death sentences, and applying lawful, proportionate penalties would immediately translate legislative intent into practice, signalling genuine commitment to the proposed amendments.

Vietnam should also demonstrate a commitment to human rights by ratifying the Second Optional Protocol to the ICCPR. Only by binding itself to this international framework can the government guarantee the total, irreversible abolition of capital punishment. 

Our Call to Action

To build a truly progressive and rights-respecting justice system, ADPAN calls on the Government of Vietnam to take the following essential steps:

  • The relevant authorities should commute the death sentences handed down to the 11 defendants in the VN10 case and instead apply penalties that are lawful, proportionate, and consistent with international human rights law. 
  • Formally ratify the Second Optional Protocol to the ICCPR, with the aim of fully abolishing the death penalty and guaranteeing that it cannot be reintroduced in domestic legislation.
  • Institute an official moratorium on all executions pending full legislative review, and commute existing death sentences to prison terms.
  • Cease the application of the death penalty for non-violent offenses, including drug-related crimes, to strictly adhere to Article 6 of the ICCPR, which limits capital punishment exclusively to the “most serious crimes” involving intentional killing.
  • Ensure full public transparency by publishing comprehensive statistical data on death sentences, executions, and conditions on death row.
Read the full statement here.
NEWS REPORT: Vietnam Assembly Committee Seeks Review of Appeal in Death Row Case

NEWS REPORT: Vietnam Assembly Committee Seeks Review of Appeal in Death Row Case

adpan

16 June 2020 

Source:  https://www.rfa.org/english/news/vietnam/assembly-review-06162020224511.html

The judicial committee of Vietnam’s National Assembly on Tuesday agreed to seek a review of a court rejection last month the appeal of a death row prisoner,in a rare case of public disagreement between branches of the one-party communist state.

The majority of the panel’s 40 members agreed to review the decision last month to reject an appeal of the verdict in the case of Ho Duy Hai, who was convicted in 2008 of the murder of two female postal employees in Long An province and given the death penalty, according to state media reports.

On May 8, a 17-member jury rejected the Supreme People’s Procuracy’s petition to throw out the verdict in Hai’s trials and reinvestigate his case, saying he had admitted guilt for his crimes and the basic facts supported the decisions by the courts of first instance and later appeals.

On Monday, Supreme Court Chief Judge Nguyen Hoa Binh reaffirmed the death penalty, telling the assembly that Ho had given 25 statements to the court admitting his guilt.

The majority of the National Assembly Judicial Committee, however, disagreed, according to the online state media outlet Tuoi Tre

They said their evaluation of the investigation and rulings in Hai’s case pointed to serious issues with the potential to change the nature of the case, and that they will petition the assembly standing committee for a review of the May 8 cassation trial’s conclusion.

Hai’s case has stirred public interest in one-party Vietnam, where the assembly typically rubber stamps ruling party decisions.

In a video that went viral on social media after the May 8 ruling against Hai, Hai’s mother Nguyen Thi Loan collapsed, while family members outside the building decried what they said was a lack of justice in Vietnam’s courts.

The National Assembly is the last recourse for Ho in the decades-long case that has seen appeals and a 2014 stay of execution ordered by the then president.

Observers have pointed to several procedural errors in Ho’s case, including that it was largely based on a confession that he later recanted, saying he had been forced to do so by police during his detention.

Additionally, prosecutors lacked crucial evidence, as no time of death for the two victims was ever established, fingerprints at the crime scene did not match Hai’s, and the murder weapons were misplaced by the forensic team.

London-based rights group Amnesty International has cited Hai’s mother as saying that he was tortured in prison, citing his deteriorating health and loss of weight.

In February 2015, the National Assembly’s Committee on Judicial Affairs declared after a reinvestigation into the case that during both the initial trial and the appeal, there had been “serious violations of criminal procedural law.”

The committee urged that the case be reviewed on appeal, but in Dec. 2017, Long An province’s procuracy pushed for execution.

In November last year, Amnesty International sent a petition with 25,000 signatures to President Trong calling for Hai’s acquittal.

Between August 2013 and June 2016, Vietnam executed 429 people, while 1,134 people were given death sentences between July 2011 and June 2016, according to government figures released in 2018.

Reported by RFA’s Vietnamese Service. Translated by Huy Le. Written in English by Paul Eckert.