This is one of the notable proposals in the draft Penal Code (amended) drafted by the Ministry of Public Security.
The draft law is expected to be submitted to the National Assembly for consideration, comments, and approval according to shortened procedures at the 10th Session of the 15th National Assembly in October 2025.
In the appraisal dossier, the Ministry of Public Security found that, through summarizing 8 years of implementation, the Penal Code has made important contributions to social management, crime prevention and combat, maintaining security, order, and social safety, protecting the interests of organizations, the State and citizens.
However, after more than 8 years of implementation, the country's situation has had many major changes in all aspects, so the provisions of the Penal Code have revealed many problems and inadequacies.
According to the Ministry of Public Security, in practice, there is no mechanism to eliminate criminal liability for risks in cases of testing new technology and new business models to meet the requirements of innovation and creativity in the spirit of Resolution No. 57-NQ/TW.
In Article 25 of the draft Law, the Ministry of Public Security proposes regulations on risks in research, testing, application of scientific and technical advances and new business models.
Accordingly, acts that cause damage while conducting research, testing, applying new scientific and technical advances and business models even if they comply with correct procedures and regulations, and fully apply preventive measures are not a crime.
Those who do not apply the correct procedures and regulations, do not fully apply preventive measures and cause damage will still have to bear criminal responsibility.
At the national conference on breakthroughs in science, technology, innovation and national digital transformation held in early 2025, General Secretary To Lam - Head of the Central Steering Committee for science, technology, innovation and national digital transformation - emphasized that Resolution No. 57-NQ/TW of the Politburo has pointed out strategic orientations and has been widely agreed by cadres, party members, scientists and the domestic and foreign business community, considering this a "10th row" in the field of science and technology.
General Secretary To Lam suggested that it must urgently improve institutions and policies. In 2025, as soon as possible, it is necessary to complete the amendment, supplement or promulgate the new laws, policies, remove all bottlenecks and barriers to develop science and technology, innovate and convert digital, maximize creativity, encourage thought, dare to do, dare to take responsibility; Encouraging creative, daring people to think, dare to do first with the provisions of the law, creating space for the manager to decide and take responsibility.
Chapter IV of the current Penal Code stipulates 7 cases of exclusion from criminal liability including: Unexpected events; lack of criminal liability; legitimate defense; urgent situations; causing damage while arresting criminals; executing orders from commanders or superiors and risks in research, testing, applying scientific, technical, and technological advances.
