VietNamNet Bridge – The National Assembly yesterday agreed to postpone implementation of the newly amended Penal Code until all errors are fixed.

National Assembly Chairwoman Nguyen Thi Kim Ngan signed the NA resolution on the postponement of implementation of the newly-amended Penal Code, along with the Criminal Procedure Code, the Law on Organization of Criminal Investigation Agencies, and the Law on Enforcement of Custody, Detention, which have references to the Criminal Code.

These laws were approved by the NA in late 2015 and will take effect from July 1, 2016. But they are all postponed from implementation after a series of errors and loopholes in the Penal Code were discovered.

“This is a very rare incident. The Code has so many errors and must be fixed to be implemented,” said Nam Dinh NA delegation head Nguyen Anh Son.  

The NA Standing Committee listed more than 90 items in the Penal Code in need of amending or supplementing in its report given to NA members.

As the NA Standing Committee did not disclose the report, it is unclear which content would be subject to change and whether the controversial Article 292 concerning the start-up community would be put on the table for reconsideration.

Article 292 of the Penal Code recently made headlines in Vietnamese media for stating that any services offered online or via communication networks without prior permission were deemed illegal.

The local start-up community expressed anxiety over that particular article for fear of going to jail, as most start-up businesses provide applications and services online.

Since the newly-elected 14th NA will not have its first session until July 20, deputies of the 13th NA – the very NA that passed the Penal Code in question last year – had to take up the vote.

Penal Code enforcement delay for the sake of people

The delay of the enforcement of the 2015 Penal Code just a few days before the effective date of July 1, 2016 due to lawmaking errors is said to be a brave decision showing the National Assembly’s responsibility towards the nation.

The 2015 Penal Code is among nearly 20 laws and codes set to take effect on July 1.

It was amended over about two years and comprises an array of new regulations that reflect the Party’s guidelines and viewpoints, such as reducing the number of crimes punishable by the death penalty, increasing educational measures for juvenile delinquents to replace criminal sanctions, ensuring the rights of the accused, protecting legitimate rights and interests of victims, and avoid criminalising economic and civil relations.

However, the NA Standing Committee received the opinions of many experts, organisations and press agencies about the inaccurate and insufficient showing of crime-related policies in the code.

On June 27, only three days ahead of the effective date, the Committee convened a special meeting with heads of the NA deputy delegations nationwide to consider postponing the execution of the Penal Code due to serious lawmaking mistakes.

Some parliamentarians and experts attributed the shortcomings to flawed lawmaking techniques, the short duration for the code scrutinisation and approval, and the large scope that the code covers.

As pursuant to relevant regulations, the NA has to open an unusual plenum to issue a resolution on the Penal Code enforcement delay. Instead, the NA Standing Committee sent ballots to each deputy to ask for their opinions. As a majority of the parliamentarians approved the delay until the shortcomings are fixed, a resolution on the matter was issued.

The Committee’s response in this case is assessed as a timely and the most feasible solution to prevent the Penal Code’s flaws from harming people and businesses’ interests, as there were only a few days left until the effective date.

This is the second time the NA has revised a law before it takes effect. The first was Article 60 of the Law on Social Insurance.

Anh Thu