Compilation of the Latest Guiding Instruments on the Criminal Code – 2025 Update
The Criminal Code serves as a cornerstone of the Vietnamese legal system, defining crimes and corresponding penalties with the aim of safeguarding human rights, national security, and social order. To ensure consistent implementation, a series of Decrees, Resolutions, and Official Dispatches have been promulgated over the years.
An Law Vietnam provides a comprehensive compilation of all the latest guiding documents on the Criminal Code as of 2025, enabling users to conduct accurate legal research, apply the law effectively, and stay up to date with current legal developments.
What is the Criminal Code?
The Criminal Code is among the most fundamental legislative instruments within Vietnam’s legal system, playing a central role in protecting the nation’s and society’s core values, including:
- National sovereignty, national security, and the socialist regime;
- Human rights, citizens’ rights, and equality among all ethnic groups;
- The interests of the State, organizations, and the rule of law.
In addition, the Criminal Code functions as a tool for crime prevention, suppression, and the education of citizens in the observance of the law.
According to Article 1 of the 2015 Criminal Code, the Code pursues three principal objectives:
- Protection Function
- To protect national sovereignty, security, the socialist regime, human rights, citizens’ rights, and the lawful interests of the State, organizations, and individuals.
- Crime Control Function
- To combat crime through investigation, prosecution, trial, and execution of criminal judgments, while also preventing potential criminal acts.
- Educational Function
- To enhance public legal awareness, enabling individuals to recognize criminal conduct, thereby preventing offenses and fostering voluntary compliance with the law.
These three functions are closely interconnected and mutually reinforcing. The fight against crime not only serves a deterrent purpose but also contributes to public education and crime prevention across society.
The Criminal Code is structured around two fundamental pillars:
- Crimes: Defining acts constituting criminal offenses, their level of danger, consequences, and constituent elements.
- Penalties: Prescribing corresponding sanctions for each type of offense to ensure fairness, justice, and humanity.
These two components enable the Criminal Code to fulfill its three principal functions. They also distinguish criminal law from other branches of law such as civil or administrative law.
The 2015 Criminal Code (as amended and supplemented in 2017) introduced several significant reforms, notably:
- The inclusion of criminal liability for commercial legal entities, with clear provisions on scope, conditions, and applicable sanctions.
- Clarification of the boundary between administrative violations and criminal offenses, thereby preventing inconsistencies in enforcement.
- Strengthening of mechanisms for education, prevention, and rehabilitation of offenders, particularly minors under 18 years of age.
These reforms enhance the effectiveness of criminal law, aligning it with the objectives of judicial reform and international integration.
An Law Vietnam – Update on the Latest Guiding Instruments of the Criminal Code 2025
To assist readers, businesses, and individuals in legal research and application, An Law Vietnam has compiled a comprehensive list of Decrees, Resolutions, and Official Dispatches guiding the implementation of the Criminal Code from 2016 to 2025.
| No | Text Name | Download Document | Contents Extracted From The Document | Date Of Issuance/ Approval | Effective Date |
| 1 | No 1_Decree 184-2025-ND-CP | No 1_Decree 184-2025-ND-CP | Regulation on the delimitation of competence in organizing two-tier local governments and amending decrees in the field of security and order | 01/07/2025 | 01/07/2025 |
| 2 | No 2_Resolution 04-2024-NQ-HDTP | No 2_Resolution 04-2024-NQ-HDTP | Guidelines for the application of certain provisions of the Criminal Code regarding the determination of criminal liability for acts related to the illegal exploitation, trade, and transportation of aquatic products | 12/06/2024 | 01/08/2024 |
| 3 | No 3_Resolution 03-2024-NQ-HDTP | No 3_Resolution 03-2024-NQ-HDTP | Guidelines for the application of provisions of the Criminal Code on the statute of limitations for enforcement of judgments, exemption from serving penalties, reduction of imposed penalties, reduction of penalty-serving time in special circumstances, postponement of imprisonment, and suspension of sentence execution, promulgated by the Council of Justices of the Supreme People’s Court | 10/06/2024 | 15/07/2024 |
| 4 | No 4_Resolution 02-2024-NQ-HDTP | No 4_Resolution 02-2024-NQ-HDTP | Guidelines for the application of Article 313 of the Criminal Code, promulgated by the Council of Justices of the Supreme People’s Court | 24/05/2024 | 18/06/2024 |
| 5 | No 5_Official Letter 174-TANDTC-PC | No 5_Official Letter 174-TANDTC-PC | Regarding the application of Point s, Clause 1, Article 51 of the Criminal Code | 31/08/2023 | |
| 6 | No 6_Resolution 03-2022-NQ-HDTP | No 6_Resolution 03-2022-NQ-HDTP | Resolution No. 03/2022/NQ-HDTP providing guidelines for the application of Articles 304, 305, 306, 307, and 308 of the Criminal Code on offences related to weapons, explosives, combat gears, and technical devices. | 09/09/2022 | 01/11/2022 |
| 7 | No 7_Resolution 01-2022-NQ-HDTP | No 7_Resolution 01-2022-NQ-HDTP | Resolution No. 01/2022/NQ-HDTP amending and supplementing a number of articles of Resolution No. 02/2018/NQ-HDTP dated 15 May 2018 of the Council of Justices of the Supreme People’s Court, providing guidance on the application of Article 65 of the Criminal Code regarding suspended sentences. | 23/03/2022 | 10/05/2022 |
| 8 | No 8_Resolution 01-2021-NQ-HDTP | No 8_Resolution 01-2021-NQ-HDTP | Guidelines for the application of Article 201 of the Criminal Code and for the trial of criminal cases concerning the offence of usury in civil transactions. | 20/12/2021 | 24/12/2021 |
| 9 | No 9_Resolution 08-2021-NQ-UBTVQH15 | No 9_Resolution 08-2021-NQ-UBTVQH15 | Interpretation of Clause 1, Article 289 of the Criminal Code. | 26/11/2021 | 14/01/2022 |
| 10 | No 10_Official Letter 1557-VKSTC-V1 | No 10_Official Letter 1557-VKSTC-V1 | Professional guidance on the application of Articles 347, 348, and 349 of the Criminal Code. | 20/04/2021 | |
| 11 | No 11_Resolution 03-2020-NQ-HDTP | No 11_Resolution 03-2020-NQ-HDTP | Guidelines for the application of provisions of the Criminal Code in the trial of corruption-related offences and other position-related offences. | 30/12/2020 | 15/02/2021 |
| 12 | No 12_Resolution 07-2019-NQ-HDTP | No 12_Resolution 07-2019-NQ-HDTP | Guidelines for the application of Articles 299 and 300 of the Criminal Code. | 25/10/2019 | 01/12/2019 |
| 13 | No 13_Resolution 06-2019-NQ-HDTP | No 13_Resolution 06-2019-NQ-HDTP | Guidelines for the application of Articles 141 to 147 of the Criminal Code and for the trial of cases involving sexual abuse of persons under 18 years of age. | 01/10/2019 | 05/11/2019 |
| 14 | No 14_Resolution 05-2019-NQ-HDTP | No 14_Resolution 05-2019-NQ-HDTP | Guidelines for the application of Article 214 on fraud in social and unemployment insurance, Article 215 on fraud related to health insurance, and Article 216 on evasion of payment of social, health, and unemployment insurance for employees under the Criminal Code. | 15/08/2019 | 01/09/2019 |
| 15 | No 15_Resolution 03-2019-NQ-HDTP | No 15_Resolution 03-2019-NQ-HDTP | Guidelines for the application of Article 324 of the Criminal Code on the offence of money laundering. | 24/05/2019 | 07/07/2019 |
| 16 | No 16_Resolution 02-2019-NQ-HDTP | No 16_Resolution 02-2019-NQ-HDTP | Guidelines for the application of Article 150 on human trafficking and Article 151 on trafficking in persons under 16 years of age under the Criminal Code. | 11/01/2019 | 15/03/2019 |
| 17 | No 17_Resolution 05-2018-NQ-HDTP | No 17_Resolution 05-2018-NQ-HDTP | Guidelines for the application of Article 234 on violations of regulations on the protection of wild animals and Article 244 on violations of regulations on the protection of endangered, precious, and rare animals under the Criminal Code. | 05/11/2018 | 01/12/2018 |
| 18 | No 18_Official Letter 196-TANDTC-PC | No 18_Official Letter 196-TANDTC-PC | Regarding the application of Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code. | 04/09/2018 | |
| 19 | No 19_Resolution 02-2018-NQ-HDTP | No 19_Resolution 02-2018-NQ-HDTP | Guidelines for the application of Article 65 of the Criminal Code on suspended sentences. | 15/05/2018 | 01/07/2018 |
| 20 | No 20_Resolution 01-2018-NQ-HDTP | No 20_Resolution 01-2018-NQ-HDTP | Guidelines for the application of Articles 66 and 106 of the Criminal Code on conditional early release from prison. | 24/04/2018 | 09/09/2018 |
| 21 | No 21_Decree 37-2018-ND-CP | No 21_Decree 37-2018-ND-CP | Decree providing measures for supervising and educating persons under 18 years of age who commit offences exempted from criminal liability. | 10/03/2018 | 10/03/2018 |
| 22 | No 22_Decree 19-2018-ND-CP | No 22_Decree 19-2018-ND-CP | Decree prescribing the calculation of the total quantity or volume of narcotic substances under certain articles of the 2015 Criminal Code. | 02/02/2018 | 02/02/2018 |
| 23 | No 23_Official Letter 04-TANDTC-PC | No 23_Official Letter 04-TANDTC-PC | Regarding the application of the 2015 Criminal Code and Resolution No. 41/2017/QH14. | 09/01/2018 | |
| 24 | No 24_Official Letter 148-TANDTC-PC | No 24_Official Letter 148-TANDTC-PC | Regarding the implementation of the 2015 Criminal Code and Resolution No. 41/2017/QH14. | 12/07/2017 | |
| 25 | No 25_Resolution 41-2017-QH14 | No 25_Resolution 41-2017-QH14 | Resolution No. 41/2017/QH14 on the implementation of the Criminal Code No. 100/2015/QH13, as amended and supplemented by Law No. 12/2017/QH14, and on the enforcement of the Criminal Procedure Code No. 101/2015/QH13, the Law on the Organization of Criminal Investigation Agencies No. 99/2015/QH13, and the Law on Enforcement of Custody and Temporary Detention No. 94/2015/QH13. | 20/06/2017 | 05/07/2017 |
| 26 | No 26_Official Letter 301-TANDTC-PC | No 26_Official Letter 301-TANDTC-PC | Regarding the application of provisions of the 2015 Criminal Code that are favorable to offenders. | 07/10/2016 | |
| 27 | No 27_Official Letter 276-TANDTC-PC | No 27_Official Letter 276-TANDTC-PC | Guidance on the application of provisions of the 2015 Criminal Code beneficial to offenders. | 13/09/2016 | |
| 28 | No 28_Resolution 01-2016-NQ-HDTP | No 28_Resolution 01-2016-NQ-HDTP | Guidelines for the application of Clause 3, Article 7 of the 2015 Criminal Code. | 30/06/2016 | 01/08/2016 |
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