A new National Assembly resolution offers legal protection for bold decision-making, provided five conditions are met, including no corruption and demonstrable public benefit.
On the morning of August 24, the National Assembly passed a resolution on special mechanisms and policies for handling legal violations related to the state and private sectors, as well as the application of science and technology, innovation and digital transformation.
The resolution will take effect on September 1 and remain in force for three years.
It applies to agencies, organizations and individuals involved in legal violations and the handling of violations related to the state and private sectors, as well as the application of science and technology, innovation and digital transformation.
Article 5 of the resolution specifically provides for cases in which criminal proceedings will not be pursued. Accordingly, competent authorities will not pursue criminal liability against an organization or individual if all five conditions are met.
First, there must be no corruption. Second, the action must have been taken in the public interest. Third, the relevant investment, production, business, science and technology application, innovation or digital transformation activities must have been completed and delivered socioeconomic benefits to the locality or the country.
Fourth, there must be no complaints or denunciations, or any such complaints or denunciations must have been fully resolved in accordance with regulations. Fifth, the action must not have caused losses or waste of assets.
Where losses or waste have occurred, all resulting damage must have been fully remedied.
The resolution also states that while handling reports of suspected crimes or during the initiation of proceedings, investigation, prosecution or trial, competent authorities and officials conducting proceedings shall exempt from criminal liability cases that meet the requirements stipulated in Article 5.
Earlier, presenting a report explaining the revisions made to the draft resolution, Minister of Public Security Gen. Luong Tam Quang said the drafting agency had reviewed and amended the provisions on exemption from criminal prosecution after considering lawmakers’ comments.
Gen. Luong Tam Quang, Minister of Public Security, presents the report explaining revisions to the resolution.
Specifically, the revised draft no longer makes it a mandatory condition for exemption that a person who committed a violation must have fully disclosed the circumstances and effectively contributed to the detection and handling of crimes. The change is intended to ensure consistency with policies set out in National Assembly Resolution No. 29.
The resolution also provides for the exclusion of criminal liability in cases where individuals encounter risks and cause damage while applying science and technology, pursuing innovation or undertaking digital transformation.
A person who causes damage as a result of risks arising from the application of science and technology, innovation or digital transformation will not bear criminal liability if they have complied with the required processes and regulations and fully implemented preventive measures.
A person who causes damage while performing assigned duties involving science and technology, innovation or digital transformation may also be excluded from criminal liability where there are no applicable laws governing the relevant processes or procedures, or where existing legal provisions are contradictory, overlapping or unable to meet practical needs.
This protection applies where urgent practical circumstances require breakthrough approaches to remove bottlenecks and resolve obstacles, provided that all of the following conditions are met: there is no corruption; the action is taken in the public interest; and the science and technology, innovation or digital transformation activities have been completed and delivered socioeconomic benefits, contributed to national defense and security, or advanced science, technology, innovation and digital transformation.
The resolution also allows competent authorities to consider temporarily suspending criminal proceedings to give organizations or individuals time to remedy damage, provided certain conditions are met: the action was taken in the public interest; losses or waste of state assets occurred, but there was no corruption.
The relevant investment, production, business, science and technology application, innovation or digital transformation activities must still be underway and not yet completed, while the damage has not been remedied due to objective circumstances. However, there must remain sufficient conditions, capacity and feasibility to remedy the damage and deliver socioeconomic benefits to the locality or the country, along with a commitment by the relevant organization or individual to address the consequences.
No escapes by detainees or prisoners due to negligence
Phan Chi Hieu, Chairman of the National Assembly’s Committee on Legal and Judicial Affairs, presents the report explaining revisions to the resolution.
Also on August 24, the National Assembly passed a resolution covering crime prevention and law violations, the work of the People’s Procuracy and People’s Courts, and enforcement of judgments.
After considering comments from a number of National Assembly deputies, the National Assembly Standing Committee proposed adopting Option 1 regarding the target of preventing detainees, people held in temporary detention and prisoners from escaping due to negligence by detention facilities.
The committee said this target had already been stipulated in Resolution No. 96/2019/QH14 and was being strictly implemented.
The draft only imposes responsibility in cases where negligence by a detention facility results in an escape. The provision is also consistent with Article 376 of the Penal Code on the offense of negligence resulting in the escape of an arrested person, detainee, person in temporary detention or prisoner, as well as with the Law on Execution of Criminal Judgments regarding prohibited acts.
Regarding adjustments to the target of reducing crimes against social order by 10% and targets related to drug prevention and control, the National Assembly Standing Committee said these indicators had been reviewed and revised to ensure consistency with Resolution No. 18 dated July 28 on building a disciplined, safe, civilized, harmonious and developed society.
The National Assembly also changed its approach to targets for resolving and adjudicating criminal cases, civil matters and administrative cases. Instead of emphasizing a resolution rate as a proportion of the total caseload accepted, the resolution requires 100% of criminal cases, civil matters and administrative cases to be resolved or adjudicated within statutory deadlines.
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