A Vietnamese policeman stands besides an armored vehicle at an exhibition of police equipment in Hanoi, July 20, 2022.
(Bangkok) – Vietnamese authorities should reject proposed revisions to the penal code that violate basic rights, Human Rights Watch said today. The authorities should instead amend the law to comply with international human rights standards.
Vietnam’s Ministry of Public Security submitted the draft code to the National Assembly for review during the session from August 3 to 24, 2026, with the expectation that the revised code would be adopted on October 20. The draft revisions would increase already harsh penalties for vague and overbroad criminal offenses that infringe upon the right to freedom of expression and other rights.
“The Vietnamese National Assembly should reject the Ministry of Public Security’s draft revised criminal code and all rights-violating articles that the authorities frequently use to silence critics,” said Elaine Pearson, Asia director at Human Rights Watch. “Freedom of expression means that people are able to voice opinions critical of the government without fear of punishment.”
The Ministry of Public Security proposes to increase the punishment for violators of article 331(2), which criminalizes acts deemed to “infringe upon the interests of the state,” from a minimum of two to three years in prison. Article 117, which prohibits “making, storing, disseminating or propagandizing information, materials and products that aim to oppose the State of the Socialist Republic of Vietnam,” has been amended to broadly prohibit acts that “aim to oppose the Communist Party of Vietnam.” The ministry also proposes to criminalize offenses against the Communist Party flag, punishable by up to three years in prison.
In addition, the ministry seeks to eliminate initial warnings to accused violators, the lightest form of punishment.
