•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
The Public Security Ministry is seeking public comments on a draft policy document amending the Penal Code. The draft focuses on changes to exemptions from criminal liability, aiming to better reflect enforcement practice and to encourage offenders to remedy harm and compensate damages.
According to the Ministry, in practice some violations cause damage, but the consequences can be fully remedied in the interest of economic and social development, national defense and security, and ensuring that actions are not corrupt. However, under the current approach, offenders remain subject to criminal liability. The Ministry says this contradicts reality, does not ensure fairness, and does not promote offender-led remedy of consequences.
The draft proposes adding a provision to suspend criminal liability for acts falling within the group described by the Ministry, giving offenders time to remedy consequences. It also proposes adding a basis for exemption from criminal liability for those whose criminal liability has been suspended and who meet the conditions for exemption.
The Ministry states that these changes are intended to ensure consistency and coherence within the Penal Code and to encourage offenders to remedy consequences and compensate damages in order to be eligible for exemption from criminal liability.
The draft also proposes revisions to the procedural timing of exemption decisions. Specifically, during the stage of processing reports and denunciations, if there are grounds to exempt criminal liability, the exemption may be granted through a decision not to prosecute a criminal case.
The Ministry argues this would address shortcomings of current law, under which exemption from criminal liability occurs only after indictment. It says the current timing creates procedural burdens and does not align with humanitarian concerns.
The draft addresses cases involving economic and environmental crimes that are not intended for private gain but are carried out for public interest. It notes that despite risk management measures, such acts can still cause damage. Where the harm has been fully remediated and damages compensated, the Ministry says not exempting punishment would not align with the main purpose of punishment for economic and environmental crimes, which is to restore the original state and compensate damages (citing Resolution 68 of the Politburo on private sector development).
Accordingly, the Ministry proposes adding exemptions from punishment for certain economic-order crimes caused by economic management that were intended to develop the economy and society, ensure national defense and security, and where the harm has been fully remediated and damages compensated.
The draft further proposes:
The draft is attributed to Nguyễn Hưởng.
Premium gym chains are entering a “golden era” that is ending or already in decline, as rising operating costs collide with shifting consumer preferences toward more flexible, community-based ways to exercise. Long-term memberships are shrinking, margins are pressured by higher rents and facility expenses, and competition from smaller, more personalized…
