The proposal is included in policy appraisal documents for the revised Criminal Code recently released by the Ministry of Justice.

According to the Ministry of Public Security, one of the key policy directions in the amended Criminal Code is to improve and supplement regulations on exemption from criminal liability, temporary suspension of criminal prosecution and exemption from punishment.

The move aims to ensure fairness and humanitarian principles in criminal law while protecting individuals engaged in work for the public interest, innovation and creativity.

It also seeks to encourage offenders to cooperate with authorities and actively remedy damages.

The ministry has proposed three policy options.

Proposal to protect innovation and public-interest activities

Under the first option, the drafting agency proposes revising and supplementing provisions related to exemption from criminal liability, temporary suspension of criminal prosecution and exemption from punishment.

The proposal includes adding provisions excluding criminal liability for risks arising during research, experimentation and implementation of new production or business models that cause economic losses due to objective reasons, in line with Politburo Resolution 57.

The draft also proposes exempting criminal liability for specialised anti-crime agencies carrying out professional operations in crime prevention and control, provided all procedures and regulations were fully followed and there was no personal or financial motive involved.

Regarding exemption from criminal liability, the ministry proposes introducing temporary suspension of criminal prosecution to allow time for remedying consequences in cases involving economic damage caused in pursuit of socio-economic development, national defence or security objectives.

The proposed mechanism would apply only to cases not involving corruption and where the actions generated socio-economic benefits for localities or the country.

In addition, offenders would need to be capable of fully remedying the consequences.

The draft also proposes allowing exemption from criminal liability for individuals granted temporary suspension if they later satisfy all required conditions for exemption.

According to the drafting agency, this would ensure consistency within the Criminal Code while encouraging offenders to compensate for damages.

Regarding exemption from punishment, the proposal seeks to add provisions exempting punishment for certain economic management offences that caused economic damage but were committed for socio-economic development, national defence or security purposes.

The proposal specifies that such cases must not involve corruption, group interests or transfers of benefits to third parties.

Offenders would also be required to fully remedy consequences and compensate for damages.

Three policy options proposed

The second policy option focuses only on revising regulations related to temporary suspension of criminal prosecution, exemption from criminal liability and exemption from punishment.

The proposed provisions under this option are largely similar to those outlined in the first option.

The third option would retain existing Criminal Code provisions without amendment.

After analysing the three options, the Ministry of Public Security recommended selecting the first option.

According to the ministry, the proposal would help address practical difficulties and legal obstacles while ensuring fairness and humanitarian principles in criminal law.

It would also help protect individuals working for the public interest, innovation and creativity while encouraging offenders to cooperate with authorities and remedy damages.

The ministry said the proposal also institutionalises the policies and directives of the Party and State outlined in relevant resolutions and conclusions.

By contrast, the ministry argued that the second option would not fully resolve existing legal shortcomings, while the third option would fail to address practical difficulties or support innovation-oriented policies.

The Ministry of Public Security noted that the revised Criminal Code is a complex legislative project directly affecting fundamental human rights and therefore requires extensive consultation with experts and researchers.

The ministry also said a National Assembly resolution on implementation would be needed once the revised code is approved.

The draft Criminal Code is expected to be submitted to the National Assembly for opinions during its third session and for approval during its fourth session.

Tran Thuong