Decision 2321/QD-TTg 2025 on promulgating the plan for formulation of the draft revised Penal Code

DECISION

Promulgating the Plan on formulation of the draft (revised) Penal Code^[1]

THE PRIME MINISTER

Pursuant to the February 18, 2025 Law on Organization of the Government;

Pursuant to the June 16, 2025 Law on Organization of Local Administration;

At the proposal of the Minister of Public Security,

DECIDES:

Article 1. To promulgate together with this Decision the Plan on formulation of the draft (revised) Penal Code.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decision.

Prime Minister
PHAM MINH CHINH

PLAN

On formulation of the draft (revised) Penal Code

(Promulgated together with the Prime Minister’s Decision No. 2321/QD-TTg
of October 20, 2025)

In order to organize the formulation of the draft (revised) Penal Code, the Prime Minister promulgates the Plan with the following contents:

I. OBJECTIVES, REQUIREMENTS

1. Objectives

- To institutionalize the Party’s guidelines and policies and the 2013 Constitution, ensuring that the Penal Code’s content aligns with the spirit of judicial reform.

- To improve the national criminal policy and develop a unified, consistent, transparent and feasible criminal law system so as to meet crime prevention and combat requirements in the new context, contributing to the prevention and combat of corruption and negative practices in judicial activities.

- To guarantee human rights and citizens’ rights; to renew criminal legislative thinking in a humane manner, safeguard fundamental rights, and expand the application of non-criminal handling measures.

- To align with international practices and international integration policies; to update and incorporate international law standards; to better serve the process of international integration and cooperation in crime prevention and combat.

2. Requirements

- To align with the Party’s guidelines and policies, ensuring that the amendments conform to the 2013 Constitution and are consistent with other laws within Vietnam’s legal system.

- To retain and develop provisions that remain appropriate, while amending and supplementing provisions that are inadequate, ambiguous, or no longer consistent with practical conditions.

- To renew criminal legislative thinking in a humane and progressive manner; to facilitate the adoption of measures that facilitate restorative justice and community reintegration.

- To meet practical requirements of crime prevention and combat; to promptly criminalize emerging dangerous acts in society, such as hi-tech crimes, money laundering, terrorism, etc.

- To ensure feasibility and effectiveness upon implementation, with language and contents being clear, comprehensible and easy to apply, facilitating the implementation by proceeding-conducting bodies, people and enterprises.

- To ensure compliance with the order and procedures specified by the 2025 Law on Promulgation of Legal Documents.

II. CONTENTS

1. Organization of the formulation of the draft (revised) Penal Code

a/ Content

To organize the formulation of the draft (revised) Penal Code in accordance with the 2025 Law on Promulgation of Legal Documents and guiding and detailing documents.

b/ Assignment of responsibilities

- The Ministry of Public Security shall assume the responsibility for, and coordinate with related ministries, sectors, localities and agencies in, organizing the implementation, and take overall responsibility for the progress, content and quality of the draft (revised) Penal Code.

- Related ministries, sectors and agencies shall coordinate with the Ministry of Public Security in formulating the draft (revised) Penal Code as assigned by the Prime Minister.

c/ Time of implementation

The draft (revised) Penal Code is scheduled to be submitted to the 16^th National Assembly for consideration and comment at its 3^rd session (scheduled for May 2027) and passage at its 4^th session (scheduled for October 2027).

2. Organization of reviews of the implementation of the Penal Code

a/ Contents

- To conduct comprehensive and in-depth reviews of the implementation of the Penal Code; to analyze and assess results of the implementation of the Penal Code (the review period is from January 1, 2018, through October 1, 2025); to propose specific amendments and supplementations to the Penal Code.

- To review and assess the situation of violations in general and criminal offenses in particular nationwide; to evaluate the new context and emerging requirements, thereby proposing specific amendments and supplementations to the Penal Code.

- To review treaties and the domestic legal system so as to specify requirements for improving the Penal Code and ensuring the consistency of the legal system.

b/ Assignment of responsibilities

- The Ministry of Public Security shall: (1) assume the prime responsibility for, and coordinate with related ministries, sectors, localities and agencies in, organizing a review of the implementation of the Penal Code, and take overall responsibility for the progress, content and quality of the review report; (2) make a draft review report on the implementation of the Penal Code; (3) carry out a review of the implementation of the Penal Code within the People’s Public Security forces; (4) carry out comprehensive review and assessment of the current legal system affecting the implementation of the Penal Code; (5) monitor and urge related ministries, sectors and agencies and provincial-level People’s Committees to carry out reviews of the implementation of the Penal Code as scheduled; (6) summarize contents of reviews of ministries, sectors and localities, and make a general review report on the implementation of the Penal Code; (7) conduct surveys for evaluating results of the implementation of the Penal Code in localities; and (8) collect written opinions and organize conferences and workshops to solicit opinions on a draft review report and revise its contents before submitting it to the competent authority for approval and signing.

- The Ministry of National Defense shall carry out a comprehensive review of the implementation of the Penal Code within the Vietnam People’s Army.

- The Ministry of Justice shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of lawyers, legal aid, notarization, assessment, civil status, secured transactions, civil judgment enforcement, child adoption, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Agriculture and Environment shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of environment, land, mineral resources, forest protection, aquatic resource protection, protection of fauna and flora, plant varieties, domestic animal breeds, protection of nature reserves, hydraulic work, and disaster preparedness, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Finance shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of state budget management, taxation, finance-accounting, securities, customs, insurance, public asset management, prized games, investment, business activities, import and export, including criminal investigations by customs offices, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Industry and Trade shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of mineral exploitation, processing, trading, import and export;  use of industrial explosives, management of precursors for industrial use, protection of consumer rights; production and trading of prohibited and counterfeit goods, speculation, and abuse of monopoly position in business activities; etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Construction shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of construction, construction planning, transportation, transport infrastructure, housing management, urban management, and real estate management; etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Foreign Affairs shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of treaties and international agreements to which Vietnam is a contracting party in the field of criminal justice, developments of transnational organized crimes, and the situation of Vietnamese nationals committing offenses abroad, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Home Affairs shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of labor, employment, organizational structure, personnel, management of associations, archives, labor export, and social policies; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Science and Technology shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of science, technology, intellectual property, post, telecommunications, the Internet, frequency management, information technology, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Culture, Sports and Tourism shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of culture, sports, tourism, copyright, advertising, conservation, museums, publishing, press, radio, television, etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Health shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of health insurance, medical examination and treatment, rehabilitation, and medical, forensic and forensic psychiatric examinations; maternal and child health; population; prevention and control of social vices (excluding drug rehabilitation and post-rehabilitation management); social protection, traditional medicine and pharmacy; pharmaceuticals and cosmetics, food safety, and medical equipment; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Ethnic and Religious Affairs shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of ethnic affairs, belief and religion; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Ministry of Education and Training shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of education and development of occupational skills; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The State Bank of Vietnam shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of monetary and foreign exchange management; operations of banks and credit institutions; and anti-money laundering in the banking sector; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Government Inspectorate of Vietnam shall carry out a comprehensive review of the implementation of the Penal Code and in-depth reviews of the implementation of the Penal Code in the fields of corruption prevention and combat, civil servants and official duties; etc.; and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- Provincial-level People’s Committees shall carry out a comprehensive review of the implementation of the Penal Code in their respective localities, and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Supreme People’s Procuracy shall carry out a comprehensive review of the implementation of the Penal Code within the system of people’s procuracies, and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Supreme People’s Court shall carry out a comprehensive review of the implementation of the Penal Code within the system of people’s courts, and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- The Vietnam Bar Federation shall carry out a comprehensive review of the implementation of the Penal Code relating to the fields of operation within the ambit of its functions and tasks, and review treaties and domestic laws relating to its functions and tasks so as to propose improvements to the Penal Code.

- Other agencies and units shall carry out reviews of the implementation of the Penal Code at the request of the Ministry of Public Security.

c/ Time of implementation

- The Ministry of Public Security shall prepare a draft review report on the implementation of the Penal Code, and send it to related ministries, sectors, localities and agencies in October 2025.

- Ministries, ministerial-level agencies, provincial-level People’s Committees, the Supreme People’s Procuracy, the Supreme People’s Court, the Vietnam Bar Federation, and the Vietnam Fatherland Front shall send their review results to the Ministry of Public Security before October 24, 2025.

- The Ministry of Public Security shall summarize review results and prepare a draft review report before November 10, 2025.

- The Ministry of Public Security shall solicit written opinions on the draft review report from ministries, sectors and provincial-level People’s Committees before November 20, 2025.

- Ministries, sectors and localities shall organize workshops and conferences to solicit opinions on draft review reports, and carry out survey and evaluation of results of the reviews from November through December of 2025.

- The Ministry of Public Security shall assimilate opinions, revise and finalize the draft review report, and submit it to the competent authority for approval and issuance before December 31, 2025.

3. Formulation of parts and chapters of the draft (revised) Penal Code

a/ Content

To organize the drafting of parts and chapters of the draft (revised) Penal Code for summarization serving formulation of the draft (revised) Penal Code.

b/ Assignment of responsibilities

The Ministry of Public Security shall: (1) assume the prime responsibility for, and coordinate with related ministries, sectors, localities and agencies in, drafting, and taking overall responsibility for the progress, contents and quality of, parts, chapters and articles of the draft (revised) Penal Code; (2) formulate the Part of General Provisions (Chapters I thru XII); Chapter XIII on offenses against national security; Chapter XIX on environmental offenses; Chapter XX on drug-related offenses; Chapter XXI on offenses of infringement upon public safety and public order; and Chapter XXII on offenses against administrative management order.

- The Ministry of National Defense shall draft Chapter XXV on offenses against obligations and responsibilities of army men and responsibilities of persons seconded to the army in combat; and Chapter XXVI on offenses against peace, offenses against humanity, and war crimes.

- The Ministry of Justice shall draft Chapter XVII on offenses against marriage and family regime.

- The Supreme People’s Court shall draft Chapter XIV on offenses against human life, health, dignity and honor; Chapter XVI on offenses of ownership infringement; and Chapter XVIII on offenses against the economic management order.

- The Supreme People’s Procuracy shall draft Chapter XV on offenses infringing upon human freedom or citizens’ freedom or democratic rights; Chapter XXIII on position-related offenses; and Chapter XXIV on offenses against judicial activities.

In addition to the to-be-assigned tasks mentioned above, in the course of implementation of the Penal Code, ministries and sectors may propose additional amendments and supplementations to the Penal Code to ensure its conformity with practical conditions.

c/ Time of implementation

- The Ministry of National Defense, the Ministry of Justice, the Supreme People’s Procuracy, the Supreme People’s Court, and ministries, sectors and agencies shall draft the parts and chapters of the draft Penal Code as assigned and submit them to the Ministry of Public Security before February 1, 2026, for summarization to serve the formulation of the draft (revised) Penal Code.

- The Ministry of Public Security shall summarize drafting results of related ministries, sectors and agencies; study and prepare dossier of the draft (revised) Penal Code in accordance with the order and procedures specified in the Law on Promulgation of Legal Documents before June 2026.

- In the course of formulating the draft (revised) Penal Code, the Ministry of Public Security shall assume the prime responsibility for carrying out survey, studying experience and soliciting public opinions on the draft Penal Code, including the following activities:

+ Organizing survey delegations in localities and ministries and sectors: in the course of formulation of the draft (revised) Penal Code;

+ Organizing survey delegations and studying international experience abroad: in the course of formulation of the draft (revised) Penal Code;

+ Soliciting written opinions and organizing conferences and workshops to solicit opinions from ministries, sectors, provincial-level People’s Committees, related agencies, organizations and individuals: in the course of implementation of the draft (revised) Penal Code;

+ Posting the draft (revised) Penal Code on the National Law Portal, the Government’s Portal, and the Ministry of Public Security’s Portal for public consultation (in July 2026).

- The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries, sectors, localities, agencies and units in, completing the draft (revised) Penal Code, and submit it to the 16^th National Assembly for comment at its 3^rd session (in March 2027), and for passage at its 4^th session (in August 2027).

III. FUNDS FOR IMPLEMENTATION

1. Funds for implementation of this Plan shall be allocated from annual state budgets of ministries, agencies, units and localities in accordance with the Law on the State Budget, and from other lawful funding sources in accordance with law.

2. Ministries, sectors and central agencies shall, based on the tasks assigned under this Decision, summarize their annual recurrent expenditure estimates and submit them to the Ministry of Finance for fund allocation in accordance with the law on the state budget.

3. Agencies assigned to assume the responsibility for performing the tasks under this Plan shall prepare plans and cost estimates, carry out account-finalization, management and use of funds, and report them to competent authorities for approval in accordance with the Law on the State Budget, the Law on Public Investment, and other relevant laws.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Minister of Public Security shall supervise, examine, urge and guide ministries, sectors and provincial-level People’s Committees in implementing, and reporting on the implementation of, this Plan to the Prime Minister.

2. Ministers, heads of ministerial-level agencies and government-attached agencies and chairpersons of provincial-level People’s Committees shall, within the scope of their management, implement this Plan in a timely, effective and efficient manner, avoiding formality and waste.

3. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, and related agencies and units shall promptly report any problems arising in the course of implementation of this Plan to the Ministry of Public Security for summarization and guidance for settlement, or submission to competent authorities for consideration and decision.-