Vietnam proposes temporary halt to criminal prosecution for economic crimes

Vietnam's Ministry of Public Security is proposing a novel "temporary suspension of criminal prosecution" mechanism. This initiative aims to provide a window for individuals involved in economic crimes to rectify damages and potentially salvage projects. The proposed measure is not about erasing criminal responsibility but temporarily halting prosecution to facilitate the recovery of assets and mitigate economic losses.

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tạm thời chưa truy cứu trong một thời gian để tạo điều kiện cho người thực hiện tội phạm khắc phục hậu quả, chứ không phải xóa bỏ trách nhiệm hình sự

The mechanism would be narrowly applied, targeting only offenses under Chapter XVIII of the Penal Code related to economic management. Crucially, it would exclude corruption cases and require that the projects affected have a clear path to remediation and offer demonstrable economic or social benefits. The offender must also not be involved in corruption and the economic damage must be linked to socio-economic development, national defense, or security goals.

Under the proposal, the suspension period would not exceed two years, with a possible one-time extension of up to one year. This period would not count towards the statute of limitations for prosecution. Remarkably, if the offender successfully rectifies the consequences and achieves the intended socio-economic or security outcomes, they could even be exempted from criminal responsibility altogether.

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các dự án phải có khả năng, phương án và điều kiện khắc phục, mang lại hiệu quả

The Ministry of Interior has acknowledged the humanitarian aspect of the proposal, aligning with new principles in the draft law. However, they urge caution regarding extensions, fearing potential exploitation to delay proceedings or hide assets. They also suggest that the suspension period should be determined case-by-case rather than a blanket duration. The Ministry of Public Security responded that for large projects, rectification takes time, hence the proposed two-year period with a possible extension. They affirmed that procedural agencies would determine specific durations based on individual case circumstances.

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tránh bị lợi dụng nhằm kéo dài thời gian, trốn tránh hoặc tẩu tán tài sản