I. Legal basis

• Law on Juvenile Justice 2024

II. Provisions on the application of penalties to Juvenile Offenders effective from January 1, 2026

Pursuant to Article 115 of the Law on Juvenile Justice 2024, a juvenile offender shall be subject to only one of the following penalties for each criminal offense:

• Warning;
• Fine;
• Non-custodial reform;
• Term imprisonment.

Pursuant to Article 119 of the Law on Juvenile Justice 2024, the maximum term of imprisonment applicable to offenders under 18 years of age is as follows:

1. The maximum term of imprisonment applicable to offenders aged from full 16 to under 18 years

For offenders aged from full 16 to under 18 years at the time of committing the offense, where the applicable provision of the Criminal Code 2015 prescribes life imprisonment or the death penalty, the maximum penalty imposed shall not exceed 15 years’ imprisonment; where a term of imprisonment is prescribed, the maximum penalty imposed shall not exceed three-fifths of the term of imprisonment provided for under the relevant provision of the Criminal Code 2015.

For offenders aged from full 16 to under 18 years at the time of committing the offense, where the applicable provision of the Criminal Code prescribes life imprisonment or the death penalty, the maximum penalty imposed shall not exceed 18 years’ imprisonment; where a term of imprisonment is prescribed, the maximum penalty imposed shall not exceed three-fourths of the term of imprisonment provided for under the relevant provision of the Criminal Code 2015, where the offense falls under one of the following crimes:

• Murder;
• Rape;
• Rape of a person under 16 years of age;
• Sexual intercourse by coercion against a person aged from full 13 to under 16 years;
• Illegal production of narcotic substances.

2. The maximum term of imprisonment applicable to offenders aged from full 14 to under 16 years

For offenders aged from full 14 to under 16 years at the time of committing the offense, where the applicable provision of the Criminal Code prescribes life imprisonment or the death penalty, the maximum penalty imposed shall not exceed 09 years’ imprisonment; where a term of imprisonment is prescribed, the maximum penalty imposed shall not exceed two-fifths of the term of imprisonment provided for under the relevant provision of the Criminal Code 2015.

For offenders aged from full 14 to under 16 years at the time of committing the offense, where the applicable provision of the Criminal Code 2015 prescribes life imprisonment or the death penalty, the maximum penalty imposed shall not exceed 12 years’ imprisonment; where a term of imprisonment is prescribed, the maximum penalty imposed shall not exceed one-half of the term of imprisonment provided for under the relevant provision of the Criminal Code 2015, where the offense falls under one of the following crimes:

• Murder;
• Rape;
• Rape of a person under 16 years of age;
• Sexual intercourse by coercion against a person aged from full 13 to under 16 years;
• Illegal production of narcotic substances.

III. Conclusion

The adjustment of the maximum term of imprisonment is grounded in the principle of prioritizing the best interests of juveniles, with the primary objective of education and rehabilitation, enabling them to rectify their mistakes and become useful members of society. This policy reflects the humanitarian nature of the law, creating conditions for juveniles to have the opportunity to reintegrate into the community after serving their sentences.

The reduction of the maximum term of imprisonment for offenders under 18 years of age effective from January 1, 2026 reflects a progressive development in Vietnam’s criminal policy, aligning with international trends in the protection of the rights of juveniles. This change not only embodies the humanitarian nature of the law but also affirms the State’s commitment to creating conditions for the younger generation to rectify their mistakes and make positive contributions to society.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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