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| Giang A Va (born 1982) and Giang A Chia (born 1985) with drugs seized in a major trafficking case in Lai Chau province__ Photo: VNA |
At a meeting on September 25, 2026, the National Assembly Standing Committee discussed the draft revised Penal Code, including proposals to remove the death penalty for six offences currently subject to capital punishment.
Under the draft, the death penalty would be retained for only four offences: high treason, murder, terrorism and illegal production of narcotics.
Opinions, however, remain divided over whether capital punishment should also continue to apply to the illegal purchase and sale of narcotics and the rape of persons aged under 16. These two offences have emerged as key points of discussion in the process of reviewing the range of crimes punishable by death.
Regarding drug-related offences, the Ministry of Public Security noted that the statutory narcotics quantities triggering the death penalty are now considerably lower than the quantities typically involved in actual trafficking cases.
However, despite severe penalties, drug-related crime remains prevalent, raising questions over the deterrent effect of capital punishment. The ministry, therefore, pointed out that the effectiveness of measures against drug crime does not depend solely on whether the death penalty is retained. Sustained crime prevention, investigation and law-enforcement efforts are also necessary to curb illegal narcotics trading.
From this perspective, the debate is not simply about the severity of punishment, but also about whether criminal policy can achieve an effective balance between deterrence, prevention and practical enforcement.
For offence of rape of persons aged under 16, the drafting agency proposed retaining the approach set out in the draft to ensure consistency with international standards, particularly Article 6 of the International Covenant on Civil and Political Rights.
The National Assembly’s Committee on Law and Justice supported narrowing the application of the death penalty for this offence. The committee indicated that if differing views remain during the legislative review process, the issue will be submitted to the National Assembly for further consideration.
The ongoing discussions reflect a broader effort to reassess the use of capital punishment under the Penal Code while maintaining an effective legal response to particularly serious offences.- (VLLF)
