Vietnam Ministry Proposes Ending Lawyer Exemption for Not Reporting Client Crimes

The Ministry of Public Security in Vietnam is seeking to introduce significant changes to the Penal Code, particularly concerning the crime of "failure to report a crime." A key proposal targets lawyers, suggesting they should no longer be exempt from criminal liability if they are aware that their clients are planning to commit a crime. This move signals a potential shift in the legal profession's responsibilities within the Vietnamese justice system.

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The Ministry of Public Security believes that exempting lawyers from liability for knowing their clients are about to commit a crime is unreasonable.

Under current Vietnamese law, defense lawyers are generally not held responsible if they fail to report crimes their clients have committed, are committing, or are preparing to commit, with exceptions for national security offenses. The Ministry of Public Security argues this exemption is illogical, especially when a lawyer becomes aware of a client's *future* or *ongoing* criminal actions that fall outside the scope of their defense duties. The ministry contends that failing to report such impending or continuing offenses violates the fundamental legal principle that all criminal acts must be promptly detected.

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Therefore, if the defense counsel does not report crimes that are being prepared or are being committed, it is unreasonable not to pursue criminal liability.

Furthermore, the ministry is also proposing to broaden the scope of individuals exempt from liability for not reporting crimes committed by their relatives. This includes extending the exemption to parents-in-law, adoptive parents, step-parents, sons-in-law, daughters-in-law, and children from previous marriages. While the ministry frames this as a move towards greater humanitarianism, fairness, and alignment with Vietnamese family traditions and civil law, it acknowledges a potential downside: a narrower scope for criminal prosecution of those who conceal crimes, which could complicate crime detection efforts. This balancing act between familial ties and law enforcement is a complex issue deeply rooted in Vietnamese cultural values.

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The draft proposes to add persons who are not subject to criminal liability for the two aforementioned offenses, including: adoptive parents, parents-in-law, stepfather, stepmother, adopted child, son-in-law, daughter-in-law, child of the wife, child of the husband...