Guidance from the Supreme People’s Procuracy of Vietnam on the Implementation of Resolution 41 and the 2015 Criminal Code

No Proposal for the Application of the Death Sentence for Certain Crimes in Vietnam

The Supreme People's Procuracy requests the People's Procuracies and Military Procuracies at all levels in Vietnam to note the implementation of the provisions at point a, clause 2, Article 2 of Resolution 41 when exercising the right to prosecute and supervising the trial of criminal cases at first instance and appellate levels:

- Do not propose the application of the death sentence for offenders who have committed certain crimes, which the Criminal Code 2015 as amended and supplemented by Law No. 12/2017/QH14 no longer prescribes the death sentence, including: Robbery (Article 133), Manufacturing and trading counterfeit foodstuffs (Article 157), Illegal possession, appropriation of narcotics (Article 194), Destruction of important national security works and means (Article 231), Disobedience to orders (Article 316), Surrender to the enemy (Article 322) of the Criminal Code 1999.

- Do not propose the application of the death sentence for offenders aged 75 and above at the time of committing the crime or at the time of trial.

Converting Death Sentences to Life Imprisonment for Convicts in Vietnam 

- For cases where the death sentence has been pronounced and the judgment has taken legal effect but has not yet been executed, convert the death sentence to life imprisonment for the convict.

- For cases where the death sentence has been pronounced but has not yet been executed and meets the conditions specified at Point c, Clause 3, Article 40 of the Criminal Code 2015 (The convict sentenced to death for embezzlement or taking bribes who, after being sentenced, actively returns at least ¾ of the embezzled or bribed assets and cooperates positively with the authorities in detecting, investigating, and handling crimes or makes significant contributions), convert the death sentence to life imprisonment for the convict.

No Criminal Prosecution for Certain Crimes in Vietnam

Note the cases of not prosecuting individuals who have committed acts that the Criminal Code 1999 considered criminal, but the Criminal Code 2015 does not, according to the provisions of points d, dd, e, clause 2, Article 2 of Resolution 41.

- Acts that were considered crimes under the Criminal Code 1999 but due to amendments, supplements, and changes in the elements of the crime, they are no longer considered crimes according to point d, Clause 2, Article 2 of Resolution 41;

- Cases where the beneficial provisions of the Criminal Code 2015 have been applied according to Resolution 144/2016/QH13 delaying the effective dates of the Criminal Code 2015, Criminal Procedure Code 2015, Law on Organization of Criminal Investigation Agencies 2015, Law on Custody and Detention 2015 to prosecute, investigate, and adjudicate is Law No. 12/2017/QH14 does not consider them crimes according to point dd, Clause 2, Article 2 of Resolution 41.

Canceling Warrants for Certain Wanted Persons

For individuals specified at points d, dd, e, Clause 2, Article 2 of Resolution 41 who are being sought:

- The Procuracy requests the investigating agency that issued the decision to suspend the investigation against the suspect to issue a decision to cancel the warrant;

- If the Procuracy issued the decision to suspend the case against the suspect, it requests the agency that issued the warrant to cancel the warrant;

- During the trial phase, the Procuracy notifies the Court and requests the investigating agency to issue a decision to cancel the warrant;

- During the execution phase of the sentence, the Procuracy requests the warden of the detention center, Temporary Detention Center under the Ministry of Public Security, or the head of the provincial criminal judgment execution agency to issue a decision to cancel the warrant.

See also Official Dispatch 3010/VKSTC-V14, which replaces Official Dispatch 172/VKSTC-V14 dated January 18, 2016, and Official Dispatch 5003/VKSTC-V14 dated December 2, 2016.

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