Vietnam court drafts guidelines for land law violation leniency

Vietnam's Supreme People's Court is preparing draft guidelines for Resolution 29, a legislative measure designed to address land law violations that occurred before the 2024 Land Law came into effect. This resolution offers a pathway for individuals and organizations to potentially avoid, postpone, or be exempted from criminal prosecution for these past offenses.

The draft, issued by the Supreme People's Court, aims to provide specific guidance for trying and resolving land-related crimes. According to Article 5 of Resolution 29, criminal charges will not be pursued for land law violations committed before the 2024 Land Law if specific conditions are met. These include not causing state asset losses or corruption, acting for socio-economic development or national security purposes, and ensuring projects are completed and beneficial. If state assets were lost, the damage must be fully rectified.

Furthermore, Article 6 of Resolution 29 allows for the temporary postponement of criminal prosecution to enable the rectification of damages. This applies if the violations were committed for socio-economic or national security reasons, did not involve corruption, and if projects are still underway and have a viable plan for completion and rectification. Commitments from the involved parties to fix the damages according to a set timeline are also required.

The draft guidelines from the Supreme People's Court's Panel of Judges detail how courts can consider suspending or postponing trials to allow for the rectification of consequences. This includes verifying that the alleged violations were not corrupt and that state assets were not lost, or if they were, that measures are in place to address it. The guidelines also reference assessments from government officials confirming the projects' socio-economic or national security purposes.