On June 25, 2025, the National Assembly passed the Law Amending the 2025 Penal Code (Law No. 86/2025/QH15), which takes effect on July 1, 2025. This Law amends eight provisions related to the abolition of the death penalty.
Specifically, the Law Amending the 2025 Penal Code abolishes the death penalty for the following eight offenses:
- Activities aimed at overthrowing the people’s administration (Article 109);
- Sabotage of material and technical foundations of the Socialist Republic of Vietnam (Article 114);
- Producing or trading in counterfeit medicines for treatment or prevention (Article 194);
- Illegally transporting narcotic substances (Article 250);
- Sabotaging peace or waging an aggressive war (Article 421);
- Espionage (Article 110);
- Embezzlement (Article 353);
- Taking bribes (Article 354).
Guidelines on the Conversion of the Death Penalty to Life Imprisonment
Resolution No. 03/2025/NQ-HDTP of the Council of Judges of the Supreme People’s Court provides guidance on the application of certain provisions regarding the conversion of the death penalty to life imprisonment, which takes effect from November 1, 2025.
Accordingly, persons sentenced to death before July 1, 2025, who have not yet had their sentences carried out, shall have their death sentences converted to life imprisonment if they fall under one of the following categories:
Persons suffering from terminal-stage cancer as prescribed at Point c, Clause 3, Article 40 of the Penal Code No. 100/2015/QH13, as amended and supplemented by Law No. 12/2017/QH14, Law No. 59/2024/QH15, and Law No. 86/2025/QH15 (hereinafter referred to as the Penal Code);
Persons sentenced to death for one of the following crimes:
Activities aimed at overthrowing the people’s administration (Article 109); Espionage (Article 110); Sabotage of material and technical foundations of the Socialist Republic of Vietnam (Article 114); Producing or trading in counterfeit medicines for treatment or prevention (Article 194); Illegally transporting narcotic substances (Article 250); Embezzlement (Article 353); Taking bribes (Article 354); Sabotaging peace or waging an aggressive war (Article 421).
Persons sentenced to death for the crimes of Illegally producing narcotic substances (Article 248) or Illegally trading in narcotic substances (Article 251), if they fall under one of the following circumstances:
The quantity or volume of narcotic substances determined in the judgment for sentencing purposes is equal to or less than the minimum quantity or volume prescribed in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code; or
The quantity or volume of narcotic substances determined in the judgment for sentencing purposes is greater than the minimum quantity or volume prescribed in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code, but the offender was not the mastermind, leader, commander, and did not have two or more aggravating circumstances of criminal liability.
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