Resolution 37/2026/QH16 special mechanisms and policies for handling legal violations in state and private economy, digital transformation

RESOLUTION

On specific mechanisms and policies for handling legal violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam, which had a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, which had a number of articles amended and supplemented under Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15, which had a number of articles amended and supplemented under Law No. 87/2025/QH15;

RESOLVES:

Chapter I

GENERAL PROVISIONS

          Article 1. Scope of regulation

          This Resolution stipulates specific mechanisms and policies for handling of acts of criminal law violations and disciplinary handling of violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation for the common interest.

          Article 2. Subjects of application

          This Resolution applies to agencies, organizations and individuals involved in violations of, and handling of violations of, the law related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation.

          Article 3. Principles for implementation

          1. Comply with the Constitution, ensure the strict enforcement of the law, with no prohibited areas and no exceptions, ensuring that the right person and the right violation are addressed, demonstrating the humanity and clemency of the Party and the State; encourage and protect dynamic and innovative persons acting for the common interest.

          2. Ensure objectivity and comprehensiveness; carefully consider the role, motives and purposes of the violator, the specific historical context, the consequences and damage, the results of remedying the consequences and damage, and the political, economic and social effectiveness in order to take appropriate action.

          3. Clearly distinguish among penal liability and administrative liability and civil liability; between administrative liability and civil liability; between the liability of a legal entity and the liability of an individual; strictly handle acts of corruption; show clemency and apply mitigating measures to violations committed for the common interest, without corruption, where the violator has proactively remedied the consequences and damage; prioritize the application of economic, civil and administrative measures; criminal handling shall be the last resort.

          4. Clearly separate the handling of the liability of violating organizations and individuals from solutions for resolving and removing difficulties and obstacles and remedying the consequences and damage (if any) in relation to projects and works associated with the state economy, private economy, and the application of science and technology, innovation, and digital transformation.

          5. Not apply this Resolution to reconsider criminal judgments or disciplinary decisions that have taken legal effect against organizations and individuals committing violations of the law related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation. For cases that have been subject to criminal or disciplinary handling, if the conditions are fully satisfied, consideration may be given to postponement or temporary suspension of the execution of penalties, exemption from or reduction of penalties, expungement of criminal records in case of rendering of a judgment, exemption from disciplinary action, and non-consideration of disciplinary action, in accordance with this Resolution.

          6. Strictly handle acts of abusing this Resolution to commit corruption, wastefulness, negativity, or cover up violations.

          Article 4. Interpretation of terms

          In this Resolution, the following terms are construed as follows:

          1. Non-corruption means not committing acts of corruption prescribed in the Law on Anti-Corruption, corruption-related offenses prescribed in the Penal Code, and concluded in writing by the investigating authority, the procuracy, the court, or another competent agency as prescribed by law.

          2. For the common interest means for the interests of the country, the nation, the community, a sector, a field or a locality, for the purpose of socio-economic development and ensuring national defense and security, and not for personal interests or group interests, with no profit-seeking motive.

          3. Consequences and damage caused by acts of legal violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation mean material consequences.

          4. Remedying the consequences and damage means the remediation by violating organizations and individuals and organizations and individuals that directly benefit from acts of legal violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation, through compensation and remediation of the consequences and damage, in order to ensure the interests of the State and relevant parties; and ensure harmony of interests among the State, enterprises, investors, and people within the overall interests of the nation.

          5. Bringing about socio-economic efficiency for the locality and the country means promoting economic growth, attracting investment, creating jobs, improving infrastructure, enhancing the quality of people's lives, and ensuring social security.

          6. No complaints or denunciations, or complaints or denunciations that have been completely resolved in accordance with regulations means that no valid complaints or denunciations have arisen, or that any complaints or denunciations arising have either been subject to a notice of termination of acceptance and settlement issued by the competent authority or been settled in writing by a legally effective decision within the judicial sector, up to the time of consideration and handling of violations under this Resolution.

          7. Violations of law related to the state economy means acts committed by organizations, individuals or enterprises in the state economic sector that violate the law on the management and use of public assets, state capital and other economic activities in the state sector, causing damage to State assets or infringing upon the economic management order and the lawful rights and interests of agencies, organizations or individuals.

          8. Violations of law related to the private economy means acts committed by organizations, individuals or enterprises in the private economic sector that violate the law in the course of investment, production or business, causing damage to the assets of the State, organizations or individuals, or infringing upon the economic management order and the lawful rights and interests of agencies, organizations or individuals.

          9. Violations of law in the application of science and technology, innovation, and digital transformation means acts committed by organizations or individuals that violate the law on the application of science and technology, innovation, and digital transformation, causing damage to property or infringing upon the property rights or intellectual property rights of agencies, organizations or individuals.

Chapter II

HANDLING OF VIOLATIONS OF THE LAWS RELATED TO THE STATE ECONOMY, PRIVATE ECONOMY, AND THE APPLICATION OF SCIENCE AND TECHNOLOGY, INNOVATION, AND DIGITAL TRANSFORMATION

          Article 5. Non-examination for penal liability

          The proceedings-conducting authority shall not carry out examination for penal liability when all of the following conditions are satisfied:

          1. Non-corruption;

          2. For the common interest;

          3. Investment, production and business activities; and application of science and technology, innovation, and digital transformation that have been completed and have brought about socio-economic efficiency for the locality and the country;

          4. No complaints or denunciations, or complaints or denunciations that have been completely resolved in accordance with regulations;

          5. No loss or waste of assets. Full remediation of the consequences and damage in cases of loss or waste of assets.

          Article 6. Exclusion of penal liability for persons causing damage in the application of science and technology, innovation, and digital transformation

          1. A person who causes damage due to risks encountered in the application of science and technology, innovation, and digital transformation, despite having properly complied with procedures and regulations and fully applied preventive measures, shall be excluded from penal liability.

          2. A person who, during performing his/her assigned functions and duties, causes damage due to the application of science and technology, innovation, and digital transformation where there is no applicable law governing implementation procedures and regulations, or where legal provisions remain contradictory or overlapping and have not yet met practical requirements, but which arise from urgent practical requirements and demands and involve breakthrough approaches to remove and resolve bottlenecks and obstacles, shall be excluded from penal liability when all of the following conditions are satisfied:

          a) Non-corruption;

          b) For the common interest;

          c) The activities involving the application of science and technology, innovation, and digital transformation have been completed and have brought about socio-economic efficiency, ensured national defense and security, and promoted the development of science and technology, innovation, and digital transformation.

          Article 7. Postponement of examination for penal liability

          A proceedings-conducting authority shall consider postponing examination for penal liability to remedy the consequences and damage when all of the following conditions are satisfied:

          1. For the common interest;

          2. Loss or waste of state assets, without corruption;

          3. Investment, production and business activities; the application of science and technology, innovation, and digital transformation are in progress and have not yet been completed, and the consequences and damage have not yet been remedied due to objective reasons, but the remain conditions and capacity, and feasibility is ensured, to remedy the consequences and bring about socio-economic efficiency for the locality and the country; and the relevant organization or individual has undertaken to remedy the consequences and damage.

          Article 8. Exemption from penal liability

          During the process of resolving information on crimes, instituting criminal cases, conducting investigation, prosecution, and trial, the proceedings-conducting authority or the proceedings-conducting persons shall decide to exempt from penal liability persons falling under the cases specified in Article 5 of this Resolution.

          Article 9. Non-institution of criminal cases; temporary suspension of the settlement of an offence denunciation or report or a criminal case initiation proposal; temporary suspension or suspension of investigation of criminal cases; temporary suspension or suspension of investigation with regard to the accused; temporary suspension or suspension of criminal cases; temporary suspension or suspension of criminal cases with regard to the accused and defendants, and postponement of trial

          1. During the process of resolving information on crimes, if there are sufficient grounds specified in Article 5 or Article 6 of this Resolution, the investigating authority shall issue a decision not to institute a criminal case.

          2. During the investigation, prosecution, and trial stages, if there are sufficient grounds specified in Article 5, Article 6, or Article 8 of this Resolution, the investigating authority shall issue a decision on suspension of the investigation; the procuracy or the court shall issue a decision on suspension of the criminal case or suspend the criminal case with regard to the accused or defendant.

          3. In case there are sufficient grounds specified in Article 7 of this Resolution, during the stages of resolving information on crimes and investigating criminal cases, the investigating authority shall issue a decision to temporarily suspend the settlement of an offence denunciation or report or a criminal case initiation proposal, and a decision to temporarily suspend the investigation; during the prosecution stage, the procuracy shall issue a decision to temporarily suspend the criminal case or temporarily suspend the criminal case with regard to the accused; during the trial stage, the court shall issue a decision to temporarily suspend the criminal case, temporarily suspend the criminal case with regard to the accused or defendant, or postpone the trial.

          The time limit of temporary suspension of the settlement of an offence denunciation or report or a criminal case initiation proposal; investigation of criminal cases; temporary suspension of investigation with regard to the accused; temporary suspension of criminal cases; and temporary suspension of criminal cases with regard to the accused and defendants shall be 02 years from the date of issuance of the decision and shall not be included in the statute of limitations for examination for penal liability. The time limit of postponement of trial shall comply with the Criminal Procedure Code.

          4. Upon expiration of the time limit of temporary suspension of the settlement of an offence denunciation or report or a criminal case initiation proposal; temporary suspension of investigation of criminal cases; temporary suspension of investigation with regard to the accused; temporary suspension of criminal cases; and temporary suspension of criminal cases with regard to the accused and defendants specified in Clause 3 of this Article, the proceedings-conducting authority shall handle the matter as follows:

          a) In case the entire consequences and damage have been remedied, the investigating authority shall issue a decision not to institute a criminal case or to suspend the investigation; the procuracy or the court shall issue a decision on suspension of the criminal case or suspend the criminal case with regard to the accused or defendant;

          b) In case the entire consequences and damage have not been remedied, the proceedings-conducting authority shall carry out procedures in accordance with the Criminal Procedure Code and, based on the proportion of the consequences and damage remedied and the socio-economic efficiency for the locality and the country, decide on mitigation of penal liability.

          5. During the period of postponement of examination for penal liability, the proceedings-conducting authority shall coordinate with the competent state authority to inspect, supervise, and assess the implementation of commitments and the progress of remedying the consequences and damage by organizations and individuals subject to postponement of examination for penal liability. In case the consequences and damage are not remedied or the remediation of the consequences and damage is not carried out according to the committed progress and plan without a legitimate reason, the competent agency or person that issued the decisions on suspension specified in Clause 3 of this Article shall cancel the decision on suspension in order to continue carrying out procedures for examination for penal liability in accordance with the Criminal Procedure Code.

          6. The competence, order, and procedures specified in this Article shall be implemented in accordance with the law on criminal procedure.

          Article 10. Postponement of, temporary suspension of serving the imprisonment sentence; exemption from, reduction of imprisonment sentence; expungement of criminal records in case a judgment has taken legal effect

          1. In case a court judgment has taken legal effect but no decision on enforcement of the judgment has yet been issued, and there are sufficient grounds specified in Article 7 of this Resolution, the court shall issue a decision on postponement of serving the imprisonment sentence.

          The period of postponement of serving the imprisonment sentence shall be 02 years from the date of issuance of the decision and shall not be included in the statute of limitations for enforcement of the judgment or the period of serving the penalty.

          2. Upon expiration of the period of postponement of execution of the penalty specified in Clause 1 of this Article, the matter shall be handled as follows:

          a) In case the entire consequences and damage have been remedied, the court shall decide to exempt the person from serving the penalty;

          b) In case the consequences and damage have not been remedied or have only been partially remedied, the court shall issue a decision on enforcement of the judgment and, at the same time, based on the proportion of the consequences and damage remedied, decide to reduce the penalty imposed or reduce the period of serving the penalty in special cases.

          3. For a person who has committed violations satisfying the conditions for the cases specified in Article 5 or Article 6 of this Resolution, if such person is serving the imprisonment sentence or is subject to suspension of enforcement of the imprisonment sentence, he/she shall be exempted from serving the remaining penalty; if such person has not yet served the imprisonment sentence or is subject to postponement of enforcement of the imprisonment sentence, he/she shall be exempted from serving the penalty.

          4. For a person who is serving the imprisonment sentence and there are sufficient grounds specified in Article 7 of this Resolution, the court shall decide to temporarily suspend the enforcement of the imprisonment sentence. The period of suspension of enforcement of the imprisonment sentence shall be 02 years from the date of issuance of the decision and shall not be included in the period of serving the penalty.

          Upon expiration of the period of suspension of enforcement of the imprisonment sentence specified in this Clause, the matter shall be handled as follows:

          a) In case the entire consequences and damage have been remedied, the court shall decide to exempt the person from serving the remaining period of the imprisonment sentence, and such person shall automatically be entitled to expungement of his/her criminal record;

          b) In case the consequences and damage have not been remedied or have only been partially remedied, the court shall issue a decision to continue enforcement of the judgment and, at the same time, based on the proportion of the consequences and damage remedied, decide to reduce the penalty imposed or reduce the period of serving the penalty in special cases. After the judgment has been fully served in accordance with regulations, the court shall consider and decide to reduce the period for expungement of the criminal record.

          5. For a person who has completed serving the judgment and has not yet had his/her criminal record expunged, if there are sufficient grounds specified in Article 5 or Article 6 of this Resolution, such person shall be exempted from the probation period and shall automatically be entitled to expungement of his/her criminal record.

          6. For a person who is serving the imprisonment sentence and satisfies all the conditions specified in Clauses 1 and 2 of Article 7 of this Resolution but has no the conditions to remedy the consequences and damage, the court shall consider reducing the period of serving the imprisonment sentence. After the judgment has been fully served in accordance with regulations, the court shall consider and decide to reduce the period for expungement of the criminal record.

          7. The competence, order, and procedures specified in this Article shall be implemented in accordance with the criminal law and the law on criminal judgment enforcement.

          Article 11. Disciplinary handling of persons in the people’s armed forces, cadres, civil servants, and public employees

          1. Persons in the people’s armed forces, cadres, civil servants, and public employees who commit disciplinary violations in accordance with the law but fully satisfy the conditions specified in Article 5 or Article 6 of this Resolution shall be considered for exemption from disciplinary action.

          2. Persons in the people’s armed forces, cadres, civil servants, and public employees who commit disciplinary violations in accordance with the law but fully satisfy the conditions specified in Article 7 of this Resolution shall be considered for postponement of disciplinary action in order to remedy the consequences and damage. The period for postponement of consideration of disciplinary action shall be 02 years and shall not be included in the statute of limitations for disciplinary action.

          3. Upon expiration of the period specified in Clause 2 of this Article, the matter shall be handled as follows:

          a) In case the entire consequences and damage have been remedied, the provisions of Clause 1 of this Article shall apply;

          b) In case the consequences and damage have not been remedied or have only been partially remedied, the competent authority shall consider taking disciplinary action and, at the same time, based on the proportion of the consequences and damage remedied, decide to mitigate the disciplinary measure.

Chapter III

IMPLEMENTATION PROVISIONS

          Article 12. Implementation provisions

          1. This Resolution shall take effect from September 1, 2026.

          2. This Resolution shall be implemented for 03 years from the effective date of this Resolution. After the date on which this Resolution ceases to be effective, if the decisions on suspension of the settlement of an offence denunciation or report or a criminal case initiation proposal; temporary suspension of investigation of criminal cases; temporary suspension of investigation with regard to the accused; temporary suspension of criminal cases; temporary suspension of criminal cases with regard to the accused and defendants; postponement of trial; postponement of execution of penalties; or postponement of consideration of disciplinary action issued in accordance with this Resolution have not yet reached the end of their respective periods, the provisions of this Resolution shall continue to be implemented until completion.

          3. For land-related violations committed by organizations and individuals in the state economic sector and private economic sector, the Resolution No. 29/2026/QH16 of the National Assembly on specific mechanisms and policies for handling land-related violations committed by organizations and individuals before the effective date of the 2024 Land Law and removing difficulties and obstacles for stagnant and prolonged projects shall apply.

          Article 13. Implementation organization

          1. The Government, the Supreme People’s Court, and the Supreme People’s Procuracy of Vietnam shall, within the scope of their functions, duties, and powers, promulgate regulations guiding the implementation of this Resolution.

          2. The Government, ministries, sectors, central-level and provincial-level authorities shall urgently review, compile lists, and report on cases and legal violation cases related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation that were committed for the common interest before the effective date of this Resolution and for which the statute of limitations for penal liability examination and the statute of limitations for enforcement of imprisonment sentence have not yet expired.

          The heads of the aforementioned authorities shall bear full responsibility for assessing the socio-economic efficiency and ensuring national defense and security of investment, production, business activities and the application of science and technology, innovation, and digital transformation that have been implemented; and for assessing the capabilities, plans, and feasible conditions for remedying and supervising the results of remedying the consequences and damage caused by the violations, as a basis for applying the policies specified in this Resolution.

          3. The proceedings-conducting authorities at all levels shall urgently review, compile lists, and report on cases, criminal cases, and judgments involving legal violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation that were committed for the common interest before the effective date of this Resolution and for which the statute of limitations for penal liability examination and the statute of limitations for enforcement of imprisonment sentence have not yet expired.

          4. The heads of authorities and units, persons involved in the formulation, appraisal, and verification of this Resolution, and persons involved in the implementation of this Resolution shall be excluded from and exempted from liability in case they have complied with relevant procedures and regulations and have not sought personal gain in the performance of their duties but damage nevertheless occurs.

          The authorities, organizations, and individuals with achievements in the formulation, appraisal, verification, and implementation of this Resolution shall be commended in accordance with the law. The acts of corruption, profiteering, and harassment committed by cadres, civil servants, and public employees during implementation of this Resolution shall be strictly handled.

          5. The Government shall report to the National Assembly on the results of implementation of this Resolution on an annual basis and on the results of the final review upon completion of the implementation of this Resolution.

          6. The National Assembly, the National Assembly Standing Committee, the Vietnam Fatherland Front, the Council of Ethnic Affairs, Committees of the National Assembly, the National Assembly Delegations, the National Assembly deputies, and the People’s Councils at all levels shall, within the scope of their respective duties and powers, supervise the implementation of this Resolution.

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          This Resolution was adopted by the 16th National Assembly of the Socialist Republic of Vietnam at its First Extraordinary Session on August 24, 2026.