Vietnam Urged to Reject Repressive Penal Code Revisions

Vietnamese authorities are facing pressure to reject proposed revisions to the penal code that Human Rights Watch says violate basic rights. The organization has urged the authorities to amend the law to comply with international human rights standards. ## Proposed Revisions Criticized The Ministry of Public Security submitted the draft code to the National Assembly for review during the session from August 3 to 24, 2026. The draft revisions would increase already harsh penalties for vague and overbroad criminal offenses that infringe upon the right to freedom of expression and other rights. According to Elaine Pearson, Asia director at Human Rights Watch, the Vietnamese National Assembly should reject the Ministry of Public Security's draft revised criminal code and all rights-violating articles that the authorities frequently use to silence critics. The proposed revisions include increasing the punishment for violators of article 331(2), which criminalizes acts deemed to "infringe upon the interests of the state," from a minimum of two to three years in prison. Article 117, which prohibits "making, storing, disseminating or propagandizing information, materials and products that aim to oppose the State of the Socialist Republic of Vietnam," has been amended to broadly prohibit acts that "aim to oppose the Communist Party of Vietnam." The ministry also proposes to criminalize offenses against the Communist Party flag, punishable by up to three years in prison. ## Elimination of Initial Warnings The ministry seeks to eliminate initial warnings to accused violators, the lightest form of punishment. In the current penal code, warnings should be issued for those who have "committed a less serious crime [with] multiple mitigating circumstances, but whose case does not warrant exemption from punishment." However, in the draft revised code, the lightest form of punishment is a monetary fine no matter how minor the infraction. ## Abolition of Capital Punishment The draft revised penal code reduces the total number of crimes punishable with the death sentence from 10 to 4: treason, murder, drug manufacturing, and terrorism. Human Rights Watch has called on Vietnam to use this opportunity to abolish capital punishment altogether. ## Increased Police Immunity While increasing punishments for certain crimes, the ministry also proposed exempting the police, armed forces, and paramilitary self-defense forces from criminal liability for acts committed while carrying out official duties. This move has been criticized by Human Rights Watch, which says that Vietnam's criminal laws need to be revised to become more protective of people's rights, not to facilitate greater abuse by the police. ## International Pressure Human Rights Watch is urging international donors and trade partners to press the Vietnamese government to amend its penal code to ensure that human rights are protected in both law and in practice.