RESOLUTION
REGARDING SPECIFIC MECHANISMS AND POLICIES FOR HANDLING VIOLATIONS OF LAWS RELATED TO THE STATE-OWNED ECONOMY, PRIVATE ECONOMY, AND THE APPLICATION OF SCIENCE, TECHNOLOGY, INNOVATION, AND DIGITAL TRANSFORMATION
CONGRESS
Based on the Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 203/2025/QH15;
Based on the Law on the Organization of the National Assembly No. 57/2014/QH13, which has been amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;
Based on the Law on Promulgation of Legal Documents No. 64/2025/QH15, which has been amended and supplemented by Law No. 87/2025/QH15;
RESOLUTION:
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This resolution stipulates specific mechanisms and policies for handling violations of criminal law and disciplinary actions related to the state-owned economy, private economy, and the application of science, technology, innovation, and digital transformation, but for the common good.
Article 2. Subject of application
This resolution applies to agencies, organizations, and individuals involved in violations and handling of violations of laws related to the state-owned economy, private economy, and the application of science and technology, innovation, and digital transformation.
Article 3. Principles of Implementation
1. Adhering to the Constitution, ensuring the strict enforcement of the law, with no forbidden areas, no exceptions, holding the right person accountable for the right violation, demonstrating the humanity and leniency of the Party and the State; encouraging and protecting dynamic and creative individuals for the common good.
2. Ensure objectivity and comprehensiveness, carefully considering the role, motives, and purposes of the offender, the specific historical context, the resulting damage, the results of damage remediation, and the political, economic, and social impact in order to handle the case appropriately.
3. Clearly distinguish between criminal liability and administrative and civil liability; between administrative and civil liability; between the liability of legal entities and the liability of individuals; strictly punish acts of corruption; show leniency and mitigate the consequences of violations committed for the common good, without corruption, and with proactive efforts to remedy the damage; prioritize the application of economic, civil, and administrative measures; criminal prosecution should be the last resort.
4. Separate the handling of responsibility for violations by organizations and individuals from solutions to address difficulties, obstacles, and mitigate any damage (if any) to projects and works related to the state economy, private economy, and the application of science, technology, innovation, and digital transformation.
5. The provisions of this Resolution shall not apply to the review of criminal judgments and disciplinary decisions that have become legally effective against organizations and individuals violating laws related to the state economy, private economy, and the application of science, technology, innovation, and digital transformation. For cases already subject to criminal or disciplinary action, if conditions are met, consideration may be given to postponing, temporarily suspending the execution of the sentence, granting exemption or reduction of the sentence, or expunging the criminal record for cases where a judgment has been issued, or where disciplinary action has not yet been considered, in accordance with the provisions of this Resolution.
6. Strictly punish acts of exploiting the provisions of this Resolution for corruption, waste, misconduct, and covering up violations.
Article 4. Explain words
In this Resolution, the following terms are understood as follows:
1. No corruption This refers to the non-committee of acts of corruption as stipulated in the Law on Prevention and Combat of Corruption, and corruption-related crimes as stipulated in the Penal Code, as concluded in writing by the investigating agency, the Procuratorate, the Court, or other competent authority as prescribed by law.
2. For the common good It is for the benefit of the nation, the people, the community, the industry, the sector, the locality, for the purpose of socio-economic development, ensuring national defense and security, and not for personal gain, group interests, or ulterior motives.
3. Damage consequences The material consequences resulting from violations of the law related to the state economy, private economy, and the application of science, technology, innovation, and digital transformation are due to these actions.
4. Remediation thiệt hại This involves organizations and individuals who violate the law, as well as those who directly benefit from violations related to the state-owned economy, private economy, and the application of science, technology, innovation, and digital transformation, compensating for and rectifying damages to ensure the interests of the State and relevant parties; and ensuring a harmonious balance of interests between the State, businesses, investors, and the people within the overall national interest.
5. Bringing socio-economic benefits to the locality and the country. It aims to promote economic growth, attract investment, create jobs, improve infrastructure, enhance people's quality of life, and ensure social security.
6. There were no complaints or denunciations, or if there were, they were resolved completely in accordance with regulations. This refers to situations where no valid complaints or denunciations arise, or where complaints or denunciations have arisen but have been terminated by a notice of cessation of processing or resolution issued by a competent authority, or have been resolved in writing in the field of justice, until the violation is considered and handled according to this Resolution.
7. Violations of laws related to the state-owned economy. This refers to the actions of organizations, individuals, and businesses in the state-owned economic sector that violate legal regulations on the management and use of public assets, state capital, and other economic activities within the state sector, causing damage to state assets or infringing upon economic management order, the legitimate rights and interests of agencies, organizations, and individuals.
8. Violations of laws related to the private economy. This refers to the actions of organizations, individuals, and businesses in the private economic sector that violate legal regulations during investment, production, and business activities, causing damage to the property of the State, organizations, or individuals, or infringing upon the economic management order, rights, and legitimate interests of agencies, organizations, or individuals.
9. Violations of the law in the application of science, technology, innovation, and digital transformation. This refers to the actions of organizations or individuals that violate legal regulations on the application of science and technology, innovation, and digital transformation, causing property damage or infringing on the property rights and intellectual property rights of agencies, organizations, or individuals.
Chapter II
HANDLING VIOLATIONS OF LAWS RELATED TO THE STATE ECONOMY, PRIVATE ECONOMY, AND THE APPLICATION OF SCIENCE, TECHNOLOGY, INNOVATION, AND DIGITAL TRANSFORMATION
Article 5. No criminal liability
The prosecuting authority shall not pursue criminal liability when the following conditions are met:
1. No corruption;
2. For the common good;
3. Investment, production, and business activities; application of science and technology, innovation, and digital transformation have been completed and have brought socio-economic benefits to the locality and the country;
4. There are no complaints or denunciations, or if there are, they have been resolved completely in accordance with regulations;
5. No loss or waste of assets. In case of loss or waste of assets, all consequences of the damage must have been rectified.
Article 6. Exclusion of criminal liability for persons causing damage in the application of science, technology, innovation, and digital transformation.
1. Any person who causes damage due to risks encountered in the application of science, technology, innovation, and digital transformation, despite having complied with proper procedures and regulations and fully implemented preventive measures, shall be exempt from criminal liability.
2. Any person who, in the course of performing their assigned duties and responsibilities, causes damage due to the application of science, technology, innovation, and digital transformation in cases where there is no law regulating the process or regulations for implementation, or where existing legal regulations are contradictory, overlapping, or do not meet the requirements of practice, but which stems from the urgent needs of practice and involves a breakthrough approach to resolving bottlenecks and obstacles, shall be exempt from criminal liability if the following conditions are met:
a) No corruption;
b) For the common good;
c) Activities related to the application of science, technology, innovation, and digital transformation have been completed and have yielded socio-economic benefits, ensured national defense and security, and promoted the development of science, technology, innovation, and digital transformation.
Article 7. Temporary suspension of criminal prosecution
The prosecuting authority may consider suspending criminal prosecution to remedy the damage caused when the following conditions are met:
1. For the common good;
2. There was loss or waste of state assets, but it was not corruption;
3. Investment, production, and business activities; applications of science, technology, innovation, and digital transformation that are underway, incomplete, or have not yet overcome the consequences of damage caused by objective reasons, but still have the conditions, capabilities, and feasibility to overcome the damage and bring economic and social benefits to the locality and the country; with commitments from relevant organizations and individuals to remedy the consequences of the damage.
Article 8. Exemption from criminal liability
During the process of handling information about crimes, initiating proceedings, investigating, prosecuting, and adjudicating cases, the prosecuting authorities and individuals conducting the proceedings may decide to exempt individuals from criminal liability in the cases stipulated in Article 5 of this Resolution.
Article 9. Not initiating criminal proceedings; temporarily suspending the handling of denunciations, reports of crimes, and requests for prosecution; temporarily suspending or terminating investigations of cases; temporarily suspending or terminating investigations against suspects; temporarily suspending or terminating cases; temporarily suspending or terminating cases against suspects and defendants; and postponing court hearings.
1. During the process of investigating information about a crime, if there are sufficient grounds as stipulated in Article 5 or Article 6 of this Resolution, the investigating agency shall issue a decision not to initiate criminal proceedings.
2. During the investigation, prosecution, and trial phases, if there are sufficient grounds as stipulated in Articles 5, 6, or 8 of this Resolution, the investigating agency shall issue a decision to suspend the investigation; the Procuratorate and the Court shall issue a decision to suspend the case, or to suspend the case against the suspect or defendant.
3. In cases where there are sufficient grounds as stipulated in Article 7 of this Resolution, during the stage of handling information about crimes and investigating criminal cases, the investigating agency shall issue a decision to temporarily suspend the handling of denunciations, reports of crimes, recommendations for prosecution, and decisions to temporarily suspend the investigation; during the prosecution stage, the Procuracy shall issue a decision to temporarily suspend the case and temporarily suspend the case against the accused; during the trial stage, the Court shall issue a decision to temporarily suspend the case and temporarily suspend the case against the accused, and postpone the trial.
The period for temporarily suspending the handling of complaints and reports of crimes, requests for prosecution, investigation of cases, temporary suspension of investigation against suspects, temporary suspension of cases, and temporary suspension of cases against suspects and defendants is a maximum of 02 years from the date of issuance of the decision and does not count towards the statute of limitations for criminal prosecution. The period for postponing court hearings is implemented according to the provisions of the Criminal Procedure Code.
4. Upon the expiration of the temporary suspension period for handling denunciations, reports of crimes, requests for prosecution, temporary suspension of case investigations, temporary suspension of investigations against suspects, temporary suspension of cases, and temporary suspension of cases against suspects and defendants as stipulated in Clause 3 of this Article, the prosecuting authority shall handle the matter as follows:
a) If all damages have been remedied, the investigating agency shall issue a decision not to initiate criminal proceedings and suspend the investigation; the Procuratorate and the Court shall issue a decision to suspend the case and suspend the case against the suspect or defendant;
b) If the entire damage cannot be remedied, the prosecuting authority shall follow the procedures stipulated in the Criminal Procedure Code and, based on the percentage of damage remedied and the socio-economic benefits for the locality and the country, decide on mitigating criminal liability.
5. During the period of temporary suspension of criminal prosecution, the prosecuting authority shall coordinate with competent state agencies to inspect, supervise, and evaluate the implementation of commitments and the progress of rectifying the damage caused by the organization or individual whose criminal prosecution has been temporarily suspended. If the damage is not rectified, or is not rectified according to the committed schedule and plan without justifiable reason, the competent authority or person who issued the temporary suspension decisions as stipulated in Clause 3 of this Article shall revoke the temporary suspension decision and continue the criminal prosecution procedure in accordance with the Criminal Procedure Code.
6. The authority, procedures, and processes stipulated in this Article shall be implemented in accordance with the provisions of the law on criminal procedure.
Article 10. Postponement or temporary suspension of the execution of prison sentences; exemption or reduction of prison sentences; expungement of criminal records in cases where a judgment has already been rendered.
1. In cases where a court judgment has been issued but no enforcement decision has been made, and there are sufficient grounds as stipulated in Article 7 of this Resolution, the court shall issue a decision to postpone the execution of the prison sentence.
The maximum period for postponing the execution of a prison sentence is 02 years from the date the decision is issued, and this period does not count towards the statute of limitations for enforcing the judgment or the time served in prison.
2. Upon the expiration of the suspension period for the execution of the sentence as stipulated in Clause 1 of this Article, the following procedures shall apply:
a) If all damages have been rectified, the Court shall decide to waive the punishment;
b) If the damage cannot be remedied or can only be partially remedied, the Court shall issue a decision to enforce the judgment, and at the same time, based on the percentage of damage remedied, decide to reduce the imposed sentence and reduce the term of imprisonment in special cases.
3. For individuals whose violations meet the conditions stipulated in Article 5 or Article 6 of this Resolution and who are currently serving a prison sentence or whose sentence has been temporarily suspended, they shall be exempted from serving the remaining sentence; in cases where the prison sentence has not yet been served or is being postponed, they shall be exempted from serving the sentence.
4. For persons serving prison sentences who meet the grounds stipulated in Article 7 of this Resolution, the Court shall decide to temporarily suspend the execution of the prison sentence. The maximum duration of the temporary suspension of the prison sentence is 02 years from the date of issuance of the decision, and this period shall not be counted towards the time served in prison.
Upon the expiration of the temporary suspension of the prison sentence as stipulated in this clause, the following procedures shall apply:
a) If all damages have been rectified, the Court shall decide to waive the remaining term of the sentence and the criminal record shall be automatically expunged;
b) If the damage cannot be remedied or only partially remedied, the Court shall issue a decision to continue the execution of the sentence, and at the same time, based on the percentage of damage remedied, decide to reduce the pronounced sentence and reduce the term of imprisonment in special cases. After the sentence has been fully served as prescribed, the Court shall consider reducing the period for expunging the criminal record.
5. For offenders who have completed their sentences and have not yet had their criminal records expunged, but meet the criteria stipulated in Article 5 or Article 6 of this Resolution, they shall be exempted from the probationary period and their criminal records shall be automatically expunged.
6. For persons serving prison sentences who meet the conditions stipulated in Clauses 1 and 2 of Article 7 of this Resolution but lack the means to remedy the damage caused, the Court shall consider reducing the term of imprisonment. After serving the sentence as prescribed, the Court shall consider reducing the period for expunging the criminal record.
7. The authority, procedures, and processes stipulated in this Article shall be implemented in accordance with the provisions of criminal law and the law on the execution of criminal judgments.
Article 11. Regulations on disciplinary action against members of the People's Armed Forces, cadres, civil servants, and public employees.
1. Members of the People's Armed Forces, cadres, civil servants, and public employees who violate discipline according to the law but meet the conditions specified in Article 5 or Article 6 of this Resolution may be considered for exemption from disciplinary action.
2. Members of the People's Armed Forces, cadres, civil servants, and public employees who violate discipline according to the law but meet the conditions stipulated in Article 7 of this Resolution may be considered for a deferral of disciplinary action to remedy the resulting damage. The maximum period for deferring disciplinary action is 02 years, and this period is not counted towards the statute of limitations for disciplinary action.
3. Upon the expiration of the period stipulated in Clause 2 of this Article, the following procedures shall apply:
a) If all the damage has been rectified, the provisions of Clause 1 of this Article shall apply;
b) If the damage cannot be remedied or only partially remedied, the competent authority shall consider disciplinary action, and at the same time, based on the percentage of damage remedied, decide on a reduction in the level of disciplinary action.
Chapter III
TERMS ENFORCEMENT
Article 12. Terms enforcement
1. This Resolution shall take effect from September 1, 2026.
2. This Resolution shall be implemented for a period of 03 years from the date it comes into effect. After this Resolution expires, if any decision to temporarily suspend the handling of complaints and reports of crimes, requests for prosecution, temporary suspension of case investigations, temporary suspension of investigations against suspects, temporary suspension of cases, temporary suspension of cases against suspects or defendants, postponement of trials, postponement of sentence execution, or postponement of disciplinary action as stipulated in this Resolution has not yet expired, the provisions of this Resolution shall continue to be implemented until its completion.
3. For violations by organizations and individuals in the state-owned and private sectors related to land, the provisions of Resolution No. 29/2026/QH16 of the National Assembly on specific mechanisms and policies for handling violations of land law by organizations and individuals occurring before the Land Law of 2024 comes into effect and resolving difficulties and obstacles for stalled and long-standing projects shall apply.
Article 13. Implementation
1. The Government, the Supreme People's Court, and the Supreme People's Procuracy, within the scope of their functions, duties, and powers, shall issue regulations guiding the implementation of this Resolution.
2. The Government, Ministries, central and provincial agencies shall urgently review, compile lists, and report on cases and incidents of violations of the law related to the state economy, private economy, and the application of science, technology, innovation, and digital transformation, but which occurred for the common good before the effective date of this Resolution and are still within the statute of limitations for criminal prosecution and the statute of limitations for enforcing prison sentences.
The heads of the aforementioned agencies are fully responsible for evaluating the socio-economic effectiveness, national defense, and security of the investment, production, business, and application of science, technology, innovation, and digital transformation activities that have been implemented; the feasibility, plans, and conditions for rectifying and monitoring the results of rectifying the damage caused by violations, as a basis for applying the policies stipulated in this Resolution.
3. The prosecuting authorities at all levels shall promptly review, compile lists, and report on cases, incidents, and judgments involving violations of the law related to the state economy, private economy, and the application of science, technology, innovation, and digital transformation, but which occurred for the common good before the effective date of this Resolution and are still within the statute of limitations for criminal prosecution and the statute of limitations for enforcing prison sentences.
4. The head of the agency or unit, and those involved in drafting, reviewing, and verifying this Resolution, as well as those involved in its implementation, shall be exempted from liability if they have complied with relevant procedures and regulations and acted without personal gain in the performance of their duties, but damage still occurs.
Agencies, organizations, and individuals with achievements in the drafting, appraisal, verification, and implementation of this Resolution shall be rewarded in accordance with the law. Strict action shall be taken against acts of corruption, profiteering, and harassment by officials and public employees during the implementation of this Resolution.
5. The Government shall report to the National Assembly on the results of the implementation of this Resolution annually and on the overall results upon completion of its implementation.
6. The National Assembly, the Standing Committee of the National Assembly, the Vietnam Fatherland Front, the National Council, the Committees of the National Assembly, the National Assembly delegations, National Assembly deputies, and People's Councils at all levels shall, within the scope of their duties and powers, supervise the implementation of this Resolution.
This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, 8th term, First Extraordinary Session, on August 24, 2026.