Vietnam to Introduce Special Measures for Law Enforcement in Economy and Technology Sectors

The National Assembly Standing Committee of Vietnam has discussed a draft resolution on special mechanisms and policies for handling legal violations related to the state economy, private economy, and the application of science and technology, innovation, and digital transformation. This initiative aims to institutionalize the Party's guidelines, provide a legal basis for processing violations in these critical sectors, and protect proactive officials. Minister of Public Security General Luong Tam Quang stated that the draft resolution is designed to create a legal framework that supports dynamic and creative officials, preventing corruption, waste, and negative practices. The resolution is built on the principle of "ensuring the strictness of the law, with no forbidden zones, no exceptions, being reasonable and logical, targeting the right individuals for the right violations, demonstrating humanity and leniency from the Party and State." It emphasizes objective and comprehensive evaluation of the violator's role, motive, purpose, specific historical context, consequences, remediation efforts, and political, economic, and social impacts for appropriate handling. The draft resolution comprises three chapters and 13 articles. It outlines special criminal handling policies, including non-prosecution, exemption from criminal liability for those facing risks or damages from applying science and technology, innovation, and digital transformation, temporary suspension of criminal prosecution, and exemption from criminal liability. Provisions for criminal procedural and execution procedures are also included to facilitate these policies. Phan Van Mai, Chairman of the Economic and Financial Committee, reported that a majority of members agreed on the necessity of issuing the resolution to promptly institutionalize the Party's viewpoints and address practical difficulties and obstacles. He noted that with certain related laws, particularly the Penal Code and Criminal Procedure Code, not yet being fully amended, special mechanisms are essential to resolve emerging issues. Regarding the scope of regulation, the committee generally agreed with the draft's purview but suggested a thorough review to clarify the content of each sector and avoid overly broad or inconsistent scope with specialized laws. The principle of strict enforcement without forbidden zones or exceptions was reiterated, along with the clear differentiation of criminal, administrative, and civil liabilities, and the responsibilities of legal entities and individuals. It was also stressed to separate the handling of liabilities from resolving difficulties and rectifying consequences for projects and constructions. Vice Chairman of the National Assembly Nguyen Hong Dien emphasized the need for the government to direct the drafting agencies and relevant bodies to thoroughly review and incorporate feedback from the Standing Committee members and the Economic and Financial Committee's preliminary review report. Special attention was drawn to the opinions of Chairman Tran Thanh Man and the conclusions of the session to finalize the draft resolution. Vice Chairman Dien also called for strengthening regulations to ensure control over power and prevent corruption and negative practices in law-making. He advised on refining the title, scope, and subjects of application to align with the Central Committee's directives and the resolution's substance. For special criminal policies, he urged meticulous review, particularly concerning non-prosecution, temporary suspension, and exemption from criminal liability, ensuring that only genuinely distinct provisions within the National Assembly's authority are included. He underscored the importance of creating a robust legal corridor to protect officials and employees who dare to think, act, innovate, and take responsibility for the common good, while ensuring accurate institutionalization of the Party's policies, full impact assessment, constitutionality, legality, feasibility, and rigorous implementation. Standardization of unclear concepts was also recommended to enhance transparency and ease of execution. Vice Chairman Dien further requested the refinement of criminal procedural regulations to concretize the special criminal policies in the draft, ensuring a strict, synchronized, and feasible procedural process aligned with the judicial system's resources and practical operations. He also called for reviewing and perfecting sanctions for legal violations to ensure strictness, objectivity, fairness, and proper authority, clearly distinguishing criminal from administrative and civil liabilities, and corporate from individual responsibilities. Source: Nhan Dan