I. Legal basis

• The Amended Law on the Execution of Criminal Judgments 2025

II. Application of Science, Technology, and Digital Transformation in the Execution of Criminal Judgments

Pursuant to Article 4 of the Law on Execution of Criminal Judgments 2025, a new principle has been supplemented: “Application of science and technology, digital transformation, and modernization of criminal judgment execution activities.” This principle aims to enhance the effectiveness of management and supervision, reduce administrative procedures, and strengthen transparency throughout the entire execution process.

Concurrently, the Law repeals Clause 5, Article 4 of the 2019 Law regarding the principle that “the execution of judgments against persons under 18 years of age is primarily aimed at educating and assisting them in correcting mistakes, developing healthily, and becoming useful members of society.” This repeal does not signify a reduction in educational objectives; rather, such content has been integrated into other specific provisions, aligning with the trends of modernization and professionalization in criminal judgment execution activities.

III. Commune-level Police Forces are entrusted with additional duties regarding the execution of criminal judgments

This is one of the significant changes regarding organizational structure. The Law abolishes the Criminal Judgment Execution Agencies of District-level Public Security, transferring various duties related to community-based sentence management to the provincial level to enhance professionalism.

Commune-level Public Security (including Public Security of communes, wards, and special zones) is officially designated as the authority to perform specific criminal judgment execution tasks, providing direct assistance to the Commune-level People’s Committees in:

• Management, supervision, and rehabilitation of persons entitled to suspended sentences.
• Management, supervision, and rehabilitation of persons serving non-custodial reform sentences.
• Management, supervision, and re-education of individuals serving sentences of prohibition from residence, as well as those subject to administrative supervision (probationary control measures).

The assignment of responsibilities to commune-level police authorities is intended to strengthen the role of forces operating in close proximity to the populace, professionalize supervisory functions at the grassroots level, and remedy the prior “over-administrativization” arising from the former practice of predominantly vesting such responsibilities in the Commune-level People’s Committees.

IV. Collection of biometric information in the execution of criminal judgments

This is an entirely new provision under Articles 11, 12, 13, 14, and 24 of the Draft Law. Specifically, Criminal Judgment Execution Agencies of Provincial-level Public Security, Criminal Judgment Execution Agencies of Military Zones, and prisons shall be duty-bound to: Organize the collection of biometric information—including irises, DNA, and voice samples—of persons serving principal penalties such as warnings, fines, non-custodial reform, expulsion, and suspended sentences, as well as inmates, in cases where such information is not yet available in the database.

V. Inmates are permitted to donate tissues and body organs

This is a novel right of inmates stipulated under Point b, Clause 1, Article 23 of the Draft Law. Accordingly, inmates are entitled to donate human tissues and body parts, and shall enjoy the regimes and policies in accordance with the provisions of the law on human tissue and organ donation.

To prevent potential abuse, the Law prescribes stringent conditions (Article 53 and related provisions):

• Voluntary donation.
• Restricted donation to biological or legal relatives (encompassing grandparents, parents, spouses, children, siblings, etc.).
• Satisfaction of health requirements for donation while ensuring sufficient physical wellbeing to continue the execution of the sentence.
• Personal liability for all costs associated with the donation procedure and post-operative healthcare.
• Applicable exclusively to inmates convicted of less serious or serious crimes, first-time offenders, and those with a remaining sentence duration of less than three years.

VI. Regulations on labor activities outside of prisons

Following a pilot period for the model of labor, career orientation, and vocational training for inmates outside of prisons pursuant to Resolution No. 54/2022/QH15, these activities have been officially incorporated into the Law.

Article 29 of the Draft Law on Execution of Criminal Judgments (Amended) stipulates: Prisons shall organize labor activities for inmates both within and outside prison facilities for the purposes of rehabilitation and education, vocational skill development, and contributing to the preparation for community reintegration.

The organization of labor activities for inmates outside of prison facilities must ensure security and safety throughout the labor process; effectively serve the rehabilitation, education, and community reintegration of inmates; and create favorable conditions to assist inmates in seeking employment upon the completion of their prison sentences.

Inmates falling under any of the following categories shall be ineligible for labor, career orientation, or vocational training outside of prison facilities:

• Inmates convicted of any crime infringing upon national security, crimes of undermining peace, crimes against humanity, or war crimes;
• Inmates with a remaining prison sentence of more than seven years (for those sentenced to 15 years or less) or more than 10 years (for those sentenced to more than 15 years);
• Inmates who are foreign nationals;
• Inmates currently suffering from Group A infectious diseases;
• Inmates under 18 years of age;
• Inmates aged 60 or older;
• Inmates currently classified as “Poor” in terms of sentence execution compliance…

VII. Conclusion

The Law on Execution of Criminal Judgments 2025 (Law No. 127/2025/QH15), ratified by the National Assembly on December 10, 2025, comprises 15 chapters and 180 articles, and shall take effect as of July 1, 2026, marking a significant advancement in the perfection of Vietnam’s legal system on criminal judgment execution. The Law simultaneously ensures the strictness and discipline of the law while more clearly manifesting a humane and modern character, consistent with the requirements of building a socialist rule-of-law State in the context of the Fourth Industrial Revolution.

Notable highlights include: the application of science and technology and digital transformation; the collection of biometric information; the delegation of additional duties to Commune-level Public Security for the management and supervision of persons serving community-based sentences; the right of inmates to donate human tissues and body parts; and the formalization of labor, career orientation, and vocational training for inmates outside of prison facilities. These provisions have contributed to rectifying the limitations of the Law on Execution of Criminal Judgments 2019, streamlining the organizational apparatus, enhancing the effectiveness of management and rehabilitation, and particularly facilitating the community reintegration of persons serving sentences.

With these new provisions, the Law not only facilitates the reduction of recidivism and enhances the quality of judgment execution but also contributes to the protection of human and civil rights in accordance with the Constitution, while creating favorable conditions for persons serving sentences (including commercial legal entities) to expeditiously become useful members of society. The abolition of the Criminal Judgment Execution Agencies of District-level Public Security and the transfer of duties to the commune and provincial levels manifest a drive toward professionalization, proximity to the populace, and the strengthening of the responsibilities of grassroots Public Security forces.

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