Decree 203/2026/ND-CP prescribing the execution of death sentences by lethal injection

DECREE

Prescribing the execution of death sentences by lethal injection

Pursuant to the Law No. 63/2025/QH15 on Organization of the Government, which was amended and supplemented by the Law No. 137/2025/QH15;

Pursuant to the Law No. 127/2025/QH15 on Execution of Criminal Judgments;

At the request of Minister of Public Security;

The Government promulgates the Decree prescribing the execution of death sentences by lethal injection.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the procedures for administering lethal injections; lethal injection drugs, physical foundations, equipment and facilities used for the execution of death sentences; responsibilities of agencies, organizations and individuals in the execution of death sentences; burial expenses for the persons sentenced to death; and regimes and policies toward participants in the execution of death sentences by lethal injection.

Article 2. Subject of application

This Decree applies to agencies, organizations and individuals involved in the execution of death sentences and persons sentenced to death.

Article 3. Regimes and policies toward participants in the execution of death sentences

1. Participants in a death sentence execution team are entitled to an allowance equal to three times the basic salary when executing the death sentence against 1 person and a 10-day leave according to the general regulations on leave for People’s Public Security Force and the People’s Army officers and soldiers.

2. Participants in a death sentence execution council, secretaries of the death sentence execution council, prison wards, persons carrying out audio recording or video recording, photographers, interpreters, persons taking fingerprints of persons sentenced to death, and persons performing shrouding, handover of corpses or ashes, or burial are entitled to an allowance equal to the basic salary when executing the death sentence against 1 person.

3. Participants in maintaining security and order; representatives of People’s Committees of communes, wards or special zones (hereinafter referred to as “commune-level People's Committees”); and investigators are entitled to an allowance equal to half of the basic salary when executing the death sentence against 1 person.

Article 4. Burial expenses

Burial expenses for a dead executed person include 1 ordinary wooden coffin, 1 set of long clothes, 1 set of new undergarments, 4 m² of shroud, incenses, candles, wine and alcohol for cleaning during the shrouding of the corpse, and other burial expenses consistent with local customs.

Chapter II

THE PROCESS OF LETHAL INJECTION

Article 5. Preparing conditions prior to administering lethal injections

1. Death sentence execution must comply with Clauses 2, 3 and 4, Article 77 of the 2025 Law on Execution of Criminal Judgments, this Decree and other relevant law regulations.

2. Drugs used for death sentence execution shall be examined, unsealed and recorded in minutes by death sentence execution councils under regulations.

3. A person to be executed shall be firmly strapped onto the bed, lying on his/her back, with his/her blood circulation unblocked.

Article 6. Administering lethal injections

Officers directly executing the death sentence shall perform the following steps:

1. Receive 3 doses of drug (including 2 standby doses) from the death sentence execution council;

2. Identifying a vein of the person to be executed to administer the lethal injection; in case it is impossible to identify a vein, reporting it to the chairperson of the death sentence execution council to request a medical staff to assist in identifying a vein.

3. Inserting the needle into the identified vein and connecting it to the infusion line pre-attached to the drug injection machine according to the following procedures:

Step 1: Inject the drug to cause unconsciousness;

After completing the injection, the officer who performs the execution of death sentence shall examine the executed person. If the person to be executed has not yet become unconscious, the officer shall continue to inject the drug until such person becomes unconscious;

Step 2: Inject the drug to paralyze the movement system;

Step 3: Inject the drug to cause cardiac arrest.

4. Checking the cardiac activity of the person to be executed via a cardiac monitoring device. If after ten minutes after injection of the first dose, the person to be executed is not dead, the examining officer shall report such to the chairperson of the death sentence execution council for ordering the injection of the second dose;

If after ten minutes after injection of the second dose, the person to be executed is not dead, the examining officer shall report such to the chairperson of the death sentence execution council for ordering the injection of the third dose;

In case the third dose is completely injected and the person to be executed remains alive after ten minutes, the head of the death sentence execution team shall report such to the chairperson of the death sentence execution council for issuing a decision on suspension of the death sentence execution.

5. The steps of injection specified in Clause 3 and Clause 4 of this Article may be carried out automatically or personally.

Article 7. Termination of lethal injections

1. By order of the chairperson of the death sentence execution council, the forensic medicine doctor shall carry out an examination to determine the state of the executed person and report the result to the death sentence execution council.

2. After the forensic medicine doctor concludes that the executed person is dead, by order of the chairperson of the death sentence execution council, the death sentence-executing officer shall draw the needle and tube out of the executed person.

3. The death sentence execution council shall make minutes under regulations of the fact that executed person is dead.

4. Unused standby doses of drug shall be handed over by the death sentence-executing officer for preservation in accordance with regulations.

Chapter III

LETHAL INJECTION DRUGS, PHYSICAL FOUNDATIONS, EQUIPMENT AND FACILITIES USED FOR THE EXECUTION OF DEATH SENTENCES

Article 8. Lethal injection drugs

1. Lethal injection drugs include:

a) Drugs that cause unconsciousness;

b) Drugs that paralyze the movement system;

c) Drugs that cause cardiac arrest.

2. A dose consists of 3 types of drug specified in Clause 1 of this Article and is used for 1 person.

3. Lethal injection drugs shall be provided by the Ministry of Health at the request of the Ministry of Public Security or Ministry of National Defence.

4. Lethal injection drugs shall be preserved under conditions indicated on dose labels and instructions of providers. The delivery of drugs shall be recorded in the minutes of delivery and receipt; and drugs shall be sealed up and strictly managed in accordance with law regulations.

Article 9. Physical foundations, equipment and facilities used for the execution of death sentences

1. Physical foundations to secure the execution of death sentences:

The Ministry of Public Security and the Ministry of National Defence shall, based on practical conditions, invest in the construction of death sentence execution houses and working rooms for death sentence execution councils at Departments of Public Security of provinces and centrally-run cities (hereinafter referred to as “provincial-level Departments of Public Security”), army units at military zone level and equivalent (hereinafter referred to as “military zone-level army units”), in order to secure the execution of death sentences by lethal injection.

2. Equipment and facilities serving the execution of death sentences include:

a) Beds with straps used to fix persons to be executed;

b) Automated injection machines;

c) Cardiac monitoring device;

d) Monitors, cameras, camera recording devices, and devices for monitoring and checking the process of execution of death sentences;

dd) Other medical instruments and other advanced equipment serving the execution of death sentences.

Chapter IV

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, MINISTRIES, SECTORS AND PEOPLE’S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF DEATH SENTENCES

Section 1

RESPONSIBILITIES OF COMPETENT AGENCIES IN THE PEOPLE’S PUBLIC SECURITY FORCES IN THE EXECUTION OF DEATH SENTENCES

Article 10. Responsibilities of the Ministry of Public Security’s Criminal Judgment Execution Management Agency

1. To organize the implementation of the law on execution of death sentences.

2. To provide professional directions, guide the uniform application of the law regulations on execution of death sentences to the criminal judgment execution agencies of provincial-level Departments of Public Security.

3. To coordinate with health agencies in organizing professional training in execution of death sentences for officers and soldiers who directly execute death sentences in the People’s Public Security Forces.

4. To implement the regime of statistics and reporting on the execution of death sentences in accordance with regulations.

5. To review the execution of death sentences by the People’s Public Security Forces.

Article 11. Responsibilities of criminal judgment execution agencies of provincial-level Departments of Public Security

1. To join death sentence execution councils.

2. To assist directors of provincial-level Departments of Public Security in formulating plans, options and cost estimates, assigning tasks, organizing, mobilizing and arranging forces, facilities and other physical foundations to ensure absolute safety for the execution of death sentences.

3. To form death sentence execution teams to execute death sentences, each composed of the head, a forensic medicine doctor and groups of escorting, identifying veins, preparing drugs, pressing buttons and controlling injecting machines.

4. To receive persons sentenced to death who are handed over by temporary detention facilities for escort to the death sentence execution sites.

5. To carry out procedures for permitting family members and lawful representatives of executed persons to receive their corpses, ashes and remains for burial in localities or overseas, for executed persons being foreigners.

6. To carry out procedures for bringing corpses to a hospital or a funeral service company for preservation in case the criminal judgment execution agency has no such preservation place.

7. To carry out death registration procedures in commune-level People’s Committees where the death sentences are executed; organizing burials, drawing diagrams of graves and placing steles on graves of executed persons; notifying family members or lawful representatives of executed persons.

8. To coordinate with diplomatic missions, border guards and health authorities, and relevant agencies in carrying out procedures for bringing corpses, ashes and remains out of Vietnam’s territory if the executed persons are foreigners.

9. To report results of execution of death sentences to the Ministry of Public Security’s Criminal Judgment Execution Management Agency.

10. To formulate, manage, store and preserve dossiers on execution of death sentences in accordance with regulations.

11. To comply with other regulations on execution of death sentences.

Article 12. Responsibilities of commune-level Public Security agencies of localities where death sentences are executed and where executed persons are buried

1. To participate in ensuring security and order in localities where death sentences are executed and where executed persons are buried.

2. To promptly detect, prevent and handle the acts of violations occurring in areas where death sentences are executed and where executed persons are buried within the areas under their management.

3. To perform other tasks as directed by directors of provincial-level Departments of Public Security.

Article 13. Responsibilities of temporary detention facilities where persons sentenced to death are held

1. To prepare working conditions and places at the request of death sentence execution councils.

2. To hand over persons serving death sentences to death sentence execution teams at the request of death sentence execution councils.

3. To provide persons serving death sentences with a meal and drink (5 times the standard meal and drink for detainees on public and New Year holidays), and permit them to write letters and record messages to be sent to their family members.

4. To hand over all papers, objects, assets and money amounts (if any) received from executed persons during the detention period to their family members or lawful representatives.

5. To hand over personal records of executed persons under regulations.

Section 2

RESPONSIBILITIES OF COMPETENT AUTHORITIES IN THE PEOPLE’S ARMY IN THE EXECUTION OF DEATH SENTENCES

Article 14. Responsibilities of the Ministry of National Defence’s Criminal Judgment Execution Management Agency

1. To organize the implementation of the law on execution of death sentences in the People’s Army.

2. To provide professional directions and guidance on the uniform application of the law regulations on execution of death sentences to the criminal judgment execution agencies in the People’s Army.

3. To organize training in execution of death sentences for the People’s Army’s officers and soldiers directly executing death sentences.

4. To implement the regime of statistics and reporting on the execution of death sentences in accordance with regulations.

5. To review the execution of death sentences by the People’s Army.

Article 15. Responsibilities of military zone-level criminal judgment execution agencies

1. To join death sentence execution councils.

2. To assist military zone-level commanders in formulating plans, options and cost estimates, assigning tasks, organizing, mobilizing and arranging forces, facilities and other physical foundations to ensure absolute safety for the execution of death sentences.

3. To perform the tasks prescribed in Clauses 3, 4, 5, 6, 7, 8, 10, and 11 Article 11 of this Decree and coordinate in the implementation of Article 13 of this Decree.

4. To report results of execution of death sentences to the Ministry of National Defence’s Criminal Judgment Execution Management Agency.

Section 3

RESPONSIBILITIES OF MINISTRIES AND PEOPLE’S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF DEATH SENTENCES

Article 16. Responsibility of the Ministry of Public Security

1. To be responsible to the Government for performing the uniform state management of the execution of death sentences.

2. To promulgate or submit to competent agencies for promulgation legal documents detailing the execution of death sentences by lethal injection.

3. To coordinate with the Ministry of National Defence in the execution of death sentences by lethal injection.

4. To direct Public Security units and local Public Security agencies to strictly comply with the law regulations on execution of death sentences.

5. To promulgate legal documents defining the implementation of regimes and policies for People’s Public Security officers and soldiers performing the task of executing death sentences.

6. To formulate plans and training programs for the People’s Public Security officers and soldiers performing the task of executing death sentences.

7. To make funding estimates to ensure the execution of death sentences in the People’s Public Security Forces.

8. To direct Public Security Forces’ agencies at all levels to implement the regime of reporting, making statistics on and reviewing the execution of death sentences.

9. To review, report and make state statistics on the execution of death sentences nationwide.

Article 17. Responsibility of the Ministry of National Defence

1. To direct and organize the execution of death sentences by lethal injection in the People’s Army.

2. To promulgate or submit to competent agencies for promulgation legal documents on execution of death sentences in the People’s Army.

3. To coordinate with the Ministry of Public Security in ensuring the execution of death sentences for persons sentenced to death under the management by the Ministry of National Defence.

4. To direct military zone Commands, Army Corps 34 and the Border Guard Command to strictly comply with the law regulations on execution of death sentences.

5. To promulgate legal documents defining the implementation of regimes and policies toward People’s Army officers and soldiers performing the task of executing death sentences.

6. To formulate plans and training programs for the People’s Army's officers and soldiers on the task of executing death sentences.

7. To make funding estimates to ensure the execution of death sentences in the People’s Army.

8. To coordinate with the Ministry of Public Security in reporting, making statistics on and reviewing the execution of death sentences.

Article 18. Responsibilities of the Ministry of Health

1. To ensure the supply of drugs for use in the execution of death sentences under annual drug reserve plans of the Ministry of Public Security and Ministry of National Defence; to guide the preservation and use of these drugs; to assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of National Defence in, promulgating a list of drugs and their dosage and procedures for using drugs in the execution of death sentences.

2. To direct professional agencies, hospitals and medical training institutions to coordinate with the Ministry of Public Security’s Criminal Judgment Execution Management Agency and the Ministry of National Defence’s Criminal Judgment Execution Management Agency in providing professional medical training on the execution of death sentences for officers and soldiers performing the task of executing death sentences.

3. To direct Departments of Health of provinces and centrally run cities to grant medical quarantine certificates for corpses, ashes and remains of executed persons (where necessary).

4. To direct hospitals in the health sector: To send medical staff to assist death sentence-executing officers in identifying veins in necessary cases at the request of chairpersons of death sentence execution councils; to receive and preserve corpses of executed persons transferred from criminal judgment execution agencies.

Article 19. Responsibilities of the Ministry of Foreign Affairs

To receive and forward information to foreign diplomatic representative missions or consular representative missions in Vietnam for completing relevant procedures for foreigners sentenced to death under Clauses 1 and 7, Article 78 of the 2025 Law on Execution of Criminal Judgments.

Article 20. Responsibilities of the Ministry of Finance

1. To carry out customs clearance procedures for corpses, ashes and remains of executed foreigners.

2. To allocate annual state budget estimates to the Ministry of Public Security, the Ministry of National Defence and relevant ministries and sectors for the execution of death sentences by lethal injection.

Article 21. Responsibilities of People’s Committees of provinces and centrally run cities

People’s Committees of provinces and centrally run cities shall allocate annual budget estimates to local departments, agencies and sectors to ensure the implementation of regimes and policies for persons participating in the execution of death sentences, and shall be responsible for allocating land areas for the construction of death sentence execution sites, designating burial sites for executed persons; and direct commune-level People's Committees and relevant local agencies to coordinate with one another in ensuring security, order and safety for the execution of death sentences.

Article 22. Responsibilities of commune-level People’s Committees

1. Commune-level People’s Committees of localities where death sentences are executed shall be responsible for ensuring security and order at sites of death sentence execution; appoint their representatives to witness the execution of death sentences; carry out death registration procedures for executed persons; coordinate with provincial-level Departments of Public Security’s criminal judgment execution agencies or military zone-level criminal judgment execution agencies in burying executed persons and managing their graves.

2. Commune-level People’s Committees of localities where the family members or lawful representatives of executed persons are permitted to receive their corpses, ashes or remains for burial shall ensure the security, order, and environmental sanitation.

CHAPTER V

IMPLEMENTATION PROVISIONS

Article 23. Effect

1. This Decree takes effect on July 01, 2026.

2. Decree No. 43/2020/ND-CP dated April 8, 2020 of the Government prescribing the execution of death sentences by lethal injection and Article 13 of Decree No. 184/2025/ND-CP dated July 1, 2025 of the Government prescribing authority in the organization of the two-tier local administrations and amending and supplementing a number of articles of the Government’s decrees in the field of security and order shall cease to be effect from the effective date of this Decree.

3. For decisions on the execution of death sentences issued by courts that have taken legal effect but have not yet been executed by the time this Decree takes effect, this Decree shall apply.

In case legal normative documents referred to in this Decree are amended, supplemented, replaced or newly promulgated, the contents relevant to this Decree shall also be changed in accordance with such amended, supplemented, replaced or newly promulgated documents.

Article 24. Responsibility of implementation

1. The Minister of Public Security and Minister of National Defence shall, within the ambit of their respective functions, tasks and powers, organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally run cities, and related agencies and organizations shall implement this Decree.