On the morning of August 24, with 465/471 delegates participating in the vote in favor, the National Assembly passed a Resolution on specific mechanisms and policies to handle violations of laws related to the state economy, private economy and the application of science, technology, innovation, and digital transformation.
Previously, when the delegates pressed the button to approve, General Luong Tam Quang - Member of the Politburo, Minister of Public Security explained and clarified some issues raised by National Assembly delegates.
Typically, regarding the conditions for not prosecuting criminal liability (Article 5), after receiving opinions from delegates, the drafting agency reviewed and revised in the direction of not stipulating the condition: The person committing the violation has clearly declared the incident, contributing to the effectiveness of detecting and handling crimes, which is a mandatory condition for considering not prosecuting criminal liability, ensuring consistency with the handling policies in Resolution 29 of the 16th National Assembly.
Minister of Public Security Luong Tam Quang stated that some opinions suggested studying and classifying the extent of damage and stipulating that quantifying the extent of damage must be reported to ask for opinions from competent authorities.
Regarding this opinion, the drafting agency said that the overarching goal of the draft resolution is to take the results of remedying consequences as a basis for applying criminal policies. If all consequences are remedied, criminal prosecution will not be considered, and criminal liability will be exempted depending on each stage of the proceedings.
For cases and incidents of particularly serious nature and level, there is a mechanism to put cases and incidents under the monitoring and direction of the Central Steering Committee for Anti-Corruption, Wastefulness, and Negative Phenomena.
At the same time, the draft resolution has regulations to prevent and strictly handle acts of taking advantage of the provisions of this resolution for corruption, wastefulness, negativity, and covering up violations. Therefore, the drafting agency proposed to maintain it as in the draft.
Regarding the opinion requesting a review of the provisions of the Penal Code to ensure compliance with new thinking and new viewpoints on criminal handling policies stipulated in this resolution and Resolution 29.
Minister Luong Tam Quang said that, taking in the opinions of delegates, the drafting agency has directed functional agencies to include these contents in the draft revised Penal Code, and submit it to the National Assembly for initial comments at the Session.
The Resolution consists of 3 Chapters, 13 Articles, effective from September 1, 2026 and will be implemented for a period of 3 years.
Article 5 of the resolution stipulates No prosecution of criminal liability clearly states: The prosecuting agency does not prosecute criminal liability against organizations or individuals when the following conditions are met:
First, no corruption.
Second, for the common good.
Third, investment, production, business, application of science and technology, innovation, and digital transformation activities have been completed and brought socio-economic efficiency to the locality and the country.
Fourth, there are no complaints or denunciations or there are complaints or denunciations but they have been resolved definitively according to regulations.
Finally, do not cause loss or waste of property. In case of loss or waste of property, all damages have been remedied.
