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Capital punishment in Vietnam

From Wikipedia, the free encyclopedia

Capital punishment is a legal penalty inVietnam for a variety of crimes.

TheHuman Rights Measurement Initiative[1] gives Vietnam a score of 5 out of 10 on the right to freedom from the death penalty, based on responses from human rights experts in the country as of 2024.[2] These experts have also identified that certain groups, such as migrants or immigrants, people with low social or economic status, and refugees or asylum seekers are particularly at risk of having their right to freedom from the death penalty violated. In 2021, these experts additionally identified "politicians or government employees, particularly those who are convicted on corruption charges" and "detainees or prisoners, especially those from low socioeconomic backgrounds and who have low education levels", as being especially vulnerable to death penalty executions.[3]

Characteristics

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Twenty-nine articles in thePenal Code allow the death penalty as an optional punishment. Executions were once carried out by afiring squad of sevenpolice officers, where the prisoners were blindfolded and tied to stakes. The firing squad was replaced bylethal injection in November 2011 after the Law on Execution of Criminal Judgments (in article 59(1)) was passed by theNational Assembly of Vietnam.[4][5] The drugs used to execute prisoners are produced domestically.[6] The first execution conducted by lethal injection was of Nguyen Anh Tuan, convicted ofmurdering gas station employee Bui Thi Nguyet on August 6, 2013.[7]

In November 2015, a revision of the Penal Code was passed that severely curtailed the application of death penalty. Under the new regulations, which took effect on July 1, 2016, the death penalty was abolished for seven crimes: surrendering to the enemy, opposing order, destruction of projects of national security importance, robbery, drug possession, drug appropriation, and the production and trade of fake food. In addition, those 75 or older are exempt, and officials convicted of corruption charges can be spared if they pay back at least 75% of the proceeds they illicitly obtained.[8]

The death penalty cannot be applied tojuvenile offenders, pregnant women, and women nursing children under 36 months old at the time the crime was committed or being tried. These cases arecommuted tolife imprisonment in case of conviction.[9]

Between August 6, 2013, and June 30, 2016, Vietnam executed 429 people.[6] 1,134 people were sentenced to death between July 2011 and June 2016.[6] The number of individuals ondeath row is not known.[6]

On May 27, 2025, TheNational Assembly of Vietnam began deliberations on agovernment proposal to end thedeath penalty for some offences, includingdrug trafficking and some national security crimes, and replace them withlife in prison without parole.[10]

On 25 June 2025, the death penalty was abolished for embezzlement, vandalising state property, manufacturing fake medicine, jeopardising peace, triggering invasive wars, espionage and drug trafficking. It was still retained for ten offences like murder, child rape, treason and terrorism.[11]

Crimes carrying capital punishment in Vietnam

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According to the Penal Code, the following chapters contain the relevant articles that apply to capital punishment.

Penal Code Articles with Capital Punishment[9]
ChaptersArticles
XIII - Crimes of Infringing Upon National Security108, 109, 110, 112, 113, 114, 115
XIV - Crimes of Infringing Upon Human Life, Health, Dignity and Honor123, 141, 142
XV - Crimes of Infringing Upon Citizens' Democratic FreedomsNone
XVI - Crimes of Infringing Upon Ownership Rights168, 174
XVII - Crimes of Infringing Upon the Marriage and Family RegimesNone
XVIII - Crimes of Infringing Upon the Economic Management Order188, 190, 203
XIX - Environment-related CrimesNone
XX - Narcotics-related Crimes248, 249, 252
XXI - Crimes of Infringement Upon Public Safety, Public Order282, 299
XXII - Crimes of Infringing Upon Administrative Management OrderNone
XXIII - Crimes Relating to Position353, 354, 364
XXIV - Crimes of Infringing Upon Judicial ActivitiesNone
XXV - Crimes of Infringing Upon the Duties and Responsibilities of Army Personnel395, 399, 401
XXVI - Crimes of Undermining Peace, Against Humanity and War Crimes421, 422, 423

See also

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References

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  1. ^"Human Rights Measurement Initiative – The first global initiative to track the human rights performance of countries".humanrightsmeasurement.org. Retrieved2022-03-19.
  2. ^"Vietnam".Human Rights Tracker. Retrieved2025-10-05.
  3. ^"Vietnam".Human Rights Tracker. Archived fromthe original on 2023-11-28. Retrieved2025-10-05.
  4. ^"Firing squad replaced by lethal injection". Viet Nam News. 23 September 2011. Archived fromthe original on 7 March 2016. Retrieved10 October 2011.
  5. ^"No: 53/2010/QH12 - Execution of criminal judgments". Misistry of Justice. Retrieved11 October 2011.[permanent dead link]
  6. ^abcdHutt, David (April 20, 2017)."Beware Vietnam's Death Machine".The Diplomat. Archived fromthe original on April 21, 2017. RetrievedApril 20, 2017.
  7. ^Ha, Le."First death row inmate executed by lethal injection". Archived fromthe original on 28 November 2020. Retrieved31 March 2018.
  8. ^"Vietnam passes law abolishing death penalty for 7 crimes". 27 November 2015. Retrieved6 December 2015.
  9. ^ab"Criminal Code (No. 100/2015/QH13)"(PDF). Ministry of Justice.Archived(PDF) from the original on 1 February 2021. Retrieved7 August 2024.
  10. ^"National Assembly debates proposal to end death penalty for transport of illegal drugs".vietnamnews.vn. 2025-05-27. Retrieved2025-05-27.
  11. ^"Vietnam to remove death penalty for embezzlement, anti-state crimes".The Straits Times. 25 June 2025. Retrieved25 June 2025.

Penal Code No. 100/2015/QH13

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