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Vietnam Chamber of Commerce and Industry (VCCI) has submitted comments on the policy dossier for the draft Criminal Code, led by the Ministry of Public Security. VCCI said the draft should better reflect the spirit of Politburo Resolution 68 on developing the private economy, particularly the principle of not criminalizing economic relations.
VCCI proposed refinements to rules on exclusions from criminal liability, suspension of criminal liability, exemptions from criminal liability, and exemptions from penalties. The chamber welcomed the draft provision allowing suspension of criminal liability with a remedy period for acts that cause economic damage, describing it as a progressive approach consistent with Resolution 68-NQ/TW and Resolution 66-NQ/TW on legal reform.
VCCI noted that the draft conditions suspension on the objective of “developing the economy and society” and “bringing about economic-social benefits for localities and the country.” The chamber argued that in practice, business activities contribute to economic and social development to varying degrees, and it is difficult to determine whether a specific activity meets those objectives. VCCI said the qualitative nature of this criterion could result in inconsistent interpretations among courts, potentially undermining fairness and transparency.
To address this, VCCI recommended clarifying core and clear conditions, including:
VCCI said this approach would improve feasibility in application and align with Resolution 68 by affirming that criminal prosecution should be avoided where civil, economic, or administrative remedies are sufficient.
While VCCI supported the concept of suspending criminal liability and allowing time for remediation, it said the draft does not clearly specify the legal consequences after the remedy period ends.
In particular, VCCI raised questions about how cases would be handled depending on the outcome of remediation:
VCCI also noted that suspension of criminal liability requires authorization from a competent authority, which involves administrative procedures for review and approval. The chamber said the draft does not specify the process for this authorization.
VCCI referenced Resolution 68, which states that laws should prioritize civil, economic, or administrative remedies when addressing civil-economic violations, and allow enterprises and entrepreneurs to actively remedy violations and damages. The resolution also emphasizes that where criminal processing could occur or not, criminal processing should be decisively avoided. If criminal processing becomes necessary, remedies for economic damages should be prioritized and serve as a basis for further measures. VCCI also cited the principle of not retroactively applying laws in ways that disadvantage business.
VCCI urged the drafting committee to provide clearer explanations to ensure the policy is complete and feasible, particularly regarding the conditions for suspension and the legal consequences and procedures after the remedy period.
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