Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones BaoKhanh Nguyen Huynh 1 , Van Vu Hong 2* 1 Ho Chi Minh City University of Law, Ho Chi Minh City, Vietnam. Email: nhbkhanh@hcmulaw.edu.vn; ORCID ID: https://orcid.org/0009-0003-3955-2873 2 Center of Political Sciences VNU-HCM; Vietnam National University, HoChiMinh City, Vietnam. Corresponding author: Email: vhvan.cps@vnuhcm.edu.vn Email: vhvan.cps@vnuhcm.edu.vn; ORCID ID: https://orcid.org/0000-0003-3867-1865 Resumen. Este estudio analiza la tendencia a la despenalización en Vietnam en el contexto de la reforma judicial y de la construcción de un Estado de derecho socialista. Examina los fundamentos teóricos, la relevancia práctica y el valor políti- co-criminal del paso de respuestas penales a mecanismos administrativos, civiles y educativos. La investigación utiliza métodos jurídicos tradicionales combinados con derecho comparado y análisis de políticas. Los datos provienen del Código Penal, de informes oficiales de la Fiscalía Suprema Popular y del Ministerio de Seguridad Públi- ca, así como de estudios criminológicos internacionales. Los resultados muestran que la despenalización implica un cambio fundamental en la política criminal vietnamita, orientado a valores humanitarios, al uso eficiente de recursos y al fortalecimiento del control social mediante medidas preventivas, educativas y de rehabilitación. No obstante, persisten desafíos en la delimitación entre conductas socialmente peligrosas y conductas desviadas, además de limitaciones en la capacidad institucional y en la coherencia del sistema jurídico. El artículo sostiene que la despenalización no es solo un ajuste legislativo, sino también una herramienta estratégica para modernizar la gobernanza social, que exige el perfeccionamiento continuo de la legislación y el for- talecimiento de la aplicación durante la actual reforma judicial. Palabras clave: Criminología moderna, despenalización, política penal, reforma judicial y estado de derecho vietnamita. Recibido: 21/11/2025 ~ Aceptado: 26/02/2026 INTERACCIÓN Y PERSPECTIVA Revista de Trabajo Social ISSN 2244-808X ~ Dep. Legal pp 201002Z43506 DOI: https://doi.org/10.5281/zenodo.19255364 Vol. 16 (2): 719 - 732 pp, 2026

720 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 Modern criminology and the decriminalization of offenses in Vietnam: policy assessment and recommendations Abstract. is study aims to analyze the trend of decriminalization in Vietnam within the context of judicial reform and the building of a socialist rule of law state. rough this analysis, it clarifies the theoretical basis, practical significance, and policy value of the shift from criminal remedies to administrative, civil, and educational mech- anisms. e research is conducted using traditional legal research methods combined with comparative law and policy analysis. Data is compiled from the provisions of the Penal Code, official reports of the Supreme People’s Procuracy and the Ministry of Public Security, and relevant international criminological studies. e research results show that decriminalization reflects a fundamental shift in criminal policy thinking in Vietnam, moving towards humanitarian values, efficient resource utilization, and enhanced social control through preventive, educational, and rehabilitative measures. However, the study also points out challenges in defining the boundaries between so- cially dangerous behavior and deviant behavior, as well as limitations in institutional capacity and the consistency of the legal system. Based on this, the article asserts that decriminalization is not only a legislative adjustment but also a strategic policy tool for modernizing social governance, requiring continued improvement of legislation and enhanced enforcement capacity during the current judicial reform period. Keywords: modern criminology, decriminalization, criminal policy, judicial reform vietnamese and rule of law state. INTRODUCTION In the development of modern society, criminology is no longer confined to studying the causes of crime or punitive mechanisms. It has evolved into an interdisciplinary science in- tricately linked with law, ethics, psychology, sociology, and public policy. In Vietnam, amidst profound socio-economic and legal transformations, the study of modern criminology and the trend of decriminalization has become an imperative. is is essential not only for im- proving state governance but also for meeting the demands of a democratic, humane, and law-governed society. Traditionally, criminology was considered a specialized field focused on the offender’s per- sonality, the causes and conditions of crime, and preventive measures. e research of Antonyan Ju., Kudryavcev,. and Ekimov, (2004) expanded the conceptual scope of criminology, empha- sizing the analysis of the “offender’s personality” as a complex socio-legal entity. ese scholars argued that criminal behavior cannot be understood purely as a product of individual will but rather as the outcome of interactions between psychological factors, social circumstances, and the legal environment. In Vietnam, this evolution in legislative thinking is clearly demonstrated in the 2015 Crim- inal Code, as amended and supplemented in 2017 (Law No. 12/2017/QH14). is legislation represents a significant step in institutionalizing the judicial reform agenda of the Party and the State. e Code not only restructures the system of offenses but also distinctly shows a trend

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 721 Vol. 16(2) mayo - agosto 2026/ 719 - 732 toward decriminalizing certain acts. Provisions such as reducing the criminalization of minor property offenses, adding administrative sanctions as alternatives to criminal penalties in some cases, and expanding the application of non-custodial sentences like warnings and non-custodial rehabilitation are clear manifestations of a shift from a punitive to a preventive and restorative philosophy. is trend reflects a humane spirit and upholds the principles of fairness, reasonable- ness, and human rights in Vietnamese criminal law. From a domestic theoretical standpoint, Trinh (2008) asserts that crime prevention is the core content of modern criminology. Vo & Vo (2025) emphasize that Vietnamese criminology is in a transitional phase of development, where international integration and the rise of technol- ogy and the digital economy have altered social structures and human behavior. In practice, the decriminalization trend is evident in recent Vietnamese legal policies. Cer- tain socially disruptive but not highly dangerous acts have been shifted to administrative sanc- tions, such as minor public order disturbances, insignificant property infringements, or traffic violations causing minor damage. is policy not only alleviates the burden on the criminal justice system but also allows resources to be focused on serious crimes, thereby improving the quality of investigation, prosecution, and adjudication. Furthermore, this trend fosters a humane legal environment where offenders have the opportunity to reform and reintegrate into society without being permanently labeled as “criminals”. However, alongside its clear benefits, the decriminalization process in Vietnam faces sev- eral challenges. e primary issue is the ambiguous definition of a “socially dangerous act”; the boundary between conduct requiring administrative versus criminal sanctions remains unclear. is ambiguity can lead to the discretionary application of the law, causing inconsistency among law enforcement agencies. A second issue is the social impact of decriminalization, as a segment of the public still holds the view that “only criminal punishment is severe enough,” leading to skepticism about the effectiveness of non-criminal measures. Finally, the capacity for monitoring and enforcement is a concern; without robust control mechanisms, decriminalization could be exploited to conceal violations or weaken the deterrent effect of the law. From a public policy perspective, decriminalization is part of a broader judicial reform process aimed at building a justice system that is public-serving, fair, transparent, and effective. Implementing this trend requires synergy between the legal system, the capacity of judicial of- ficers, and public awareness. Legal reform cannot be detached from human resource reform, which is a decisive factor for the sustainability of decriminalization. is article aims to analyze the theoretical and practical foundations of modern criminol- ogy, clarify the nature and trend of decriminalizing violations in Vietnam, and assess the policy’s impact on the legal system and society. Based on this analysis, the article proposes solutions to refine the legal framework, enhance preventive efficacy, and ensure human rights in judicial ac- tivities. is research not only contributes to legal scholarship but also provides practical insights for shaping a humane criminal policy that aligns to build a socialist rule-of-law state in Vietnam in the new era.

722 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 LITERATURE REVIEW Modern criminology is the result of a long developmental process in criminal science, where research has shifted from a traditional offense-oriented approach to a socio-legal perspective that emphasizes the offender’s personality, social context, cultural environment, and mechanisms for controlling deviant behavior. e emergence of new criminological schools in the West, such as critical criminology, criminal sociology, and humanistic criminology, has laid the theoretical groundwork for decriminalization, a trend adopted by many countries to reduce the burden on their criminal justice systems, enhance social governance, and protect human rights. In Vietnam, this trend has been received, adapted, and applied in a manner consistent with the political, legal, and social characteristics of its socialist rule-of-law state. Academic foundations of modern criminology According to Rob White and Fiona Haines (2000), modern criminology is a synthesis of various scientific disciplines, reflecting a change in the perception of the nature of crime. ey argue that crime is not merely an act that harms social interests but is also a phenomenon linked to structural inequality, value conflicts, and social labeling processes. is fundamentally alters the understanding of “social dangerousness,” a key element in determining whether an act should be criminalized or decriminalized. White and Haines’ approach emphasizes that society can control deviant behavior not only through punishment but also through educational, economic, and cultural mechanisms. From a philosophical and policy standpoint, Schichor (1980) in “e New Criminology: Some Critical Issues” contends that the development of new criminology was a reaction to rigid models of criminalization that focused solely on the act while ignoring the social context. He argues that over-criminalization not only burdens the justice system but can also lead to injus- tice, as marginalized groups in society bear disproportionately severe legal consequences. is perspective provides a scientific basis for decriminalization, shifting the focus from retribution to prevention and reintegration. In Russia, Antonyan Ju, Kudryavcev and Ekimov (2004) developed a line of research on the “offender’s personality,” placing the individual at the center of all criminological analysis. Accord- ing to these authors, a deep understanding of the offender’s personal characteristics, living condi- tions, psychological factors, and social relationships is crucial for formulating rational criminal policy. is theory helped form the basis for modern legal thinking, which posits that legislators should not only focus on the act but also consider the offender’s potential for education, reform, and rehabilitation. From this viewpoint, decriminalization is seen as an expression of a humane and progressive criminal policy. Luneev (1997), in Crime in the 20th Century: A World Criminological Analysis, stressed that the rise of crime in the context of globalization stems not only from economic causes but also from shifts in social perceptions of legal and moral values. He pointed out that during the 20th century, many countries reviewed their criminal systems to remove acts that no longer aligned with social norms while developing non-criminal mechanisms such as mediation, ad- ministrative sanctions, and community education. is is a crucial direction for balancing the need to protect social order with the safeguarding of individual freedoms.

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 723 Vol. 16(2) mayo - agosto 2026/ 719 - 732 Domestic research and approaches In Vietnam, criminology developed later than in many other countries but has established a relatively comprehensive theoretical system. Le Cam (2008), in “e Doctrine of Crime - Fun- damental Issues,” argues that the doctrine of crime should be approached as a dynamic construct that reflects changes in society and legal policy. He emphasizes that a core principle of criminal law is to criminalize only genuinely dangerous acts and to consider decriminalization as a tool to balance the protection of social interests and human rights. Trinh (2008) made a significant contribution by establishing the theoretical basis for crime prevention from a criminological perspective. e author posits that prevention is not just the work of state agencies but a combination of legal, educational, economic, and cultural policies aimed at eliminating the causes and conditions of crime. From this perspective, decriminaliza- tion can be understood as an indirect preventive method, shifting violations from the punitive sphere to a more constructive, social-regulatory sphere. Research by Dao (2021) on the internationalization of Vietnamese criminal law indicates that global integration and the implementation of international human rights treaties have strongly promoted a legal mindset geared towards decriminalization. e author asserts that in the context of globalization, Vietnam needs to continue reviewing and narrowing the scope of criminalization, eliminating obsolete offenses, and transitioning to non-criminal measures such as administrative sanctions, mediation, or education. A study by Nguyen (2024) on the criminalization of gender-based violence reveals an in- verse relationship between criminalization and decriminalization, with the author stressing that criminalization must be selective and connected to social reality and moral norms. Consequently, decriminalization must also have clear limits to avoid the risk of failing to prosecute acts that harm society or infringe upon the rights of vulnerable groups. is argument is further con- firmed and affirmed by Huynh & Vuhong (2025) that, in the context of digital transformation in Vietnam, for adolescents, there is a need to decriminalize by innovating school education through early legal dissemination. e Ministry of Justice (2017), in its report “Crime Prevention and Control in Our Country Today – Current Situation and Some Recommendations,” pointed out that although the num- ber of criminal cases has decreased, many violations that do not meet the elements of a crime still exist, posing challenges for law enforcement. e report recommended studying mechanisms to convert these acts into administrative sanctions or educational measures, while enhancing prevention and reintegration capacities. is provides practical evidence of the decriminalization trend being reflected in the policies of the Vietnamese state. Legal framework and international approaches e 2015 Criminal Code, amended in 2017 (Law No. 12/2017/QH14), represents a major step forward in institutionalizing the decriminalization trend. Several offenses involving property and social order of a minor or non-dangerous nature have been moved to administra- tive handling. e Code also expands the application of non-custodial rehabilitation, grants criminal exemption in special cases, and strengthens the use of warnings and mediation. ese

724 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 changes reflect modern legislative thinking, consistent with humanistic criminology and in- ternational trends. Internationally, the study “e legal nature of the violations” (2024), published in the jour- nal Law and World, argues that decriminalization must be based on a comprehensive assessment of social consequences, public perception, and the effectiveness of alternative legal instruments. e author recommends that legislators develop a multi-tiered legal framework where minor violations are handled by administrative or civil tools, while criminal law is reserved for acts of high danger that seriously infringe upon public interests. Another example comes from the field of social health. A report by the American College of Obstetrics and Gynecologists (ACOG, 2017) on opioid use disorder in pregnancy affirmed that criminalizing pregnant women who use substances is ineffective and hinders treatment and recovery. e report recommended shifting from criminal prosecution to a public health model, treating it as a health issue rather than a crime. Although this study is in the medical field, it exemplifies the principle of decriminalization: shifting the perspective from punishment to sup- port and rehabilitation. Research gaps and new approaches While domestic and international studies have clarified the theoretical foundations and benefits of decriminalization, several research gaps remain. First, there is no systematic study in Vietnam that analyzes the relationship between modern criminology and decriminalization policy from an interdisciplinary perspective, particularly integrating law, sociology, and public governance. Second, the evaluation of the effectiveness of decriminalization measures in practice is limited due to a lack of statistical data and specific measurement criteria. ird, few studies have explored the correlation between decriminalization and the internationalization of Viet- namese criminal law, a point raised. erefore, the novel approach of this article is to combine an analysis of modern criminol- ogy with a public policy assessment to establish a scientific and practical basis for expanding the scope of decriminalization in Vietnam. is approach not only contributes to the development of criminological theory under new conditions but also helps guide criminal legislation toward a humane, fair, and modern direction, consistent with global trends and the characteristics of Vietnam’s socialist rule-of-law state. METHODOLOGY e study of modern criminology and the decriminalization trend in Vietnam is a highly interdisciplinary topic that requires a combination of legal analysis, sociological methods, public policy analysis, and comparative criminology. Consequently, this article employs a synthesis of multiple research methods to ensure the comprehensiveness, objectivity, and scientific validity of its findings. e primary methods include analysis and synthesis, comparative legal analysis, the historical-logical method, qualitative methods, and public policy analysis. First, the methods of analysis and synthesis are used to systematize concepts, theories, and perspectives on modern criminology and decriminalization. By analyzing the content of legal

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 725 Vol. 16(2) mayo - agosto 2026/ 719 - 732 documents, research works, and reports from state agencies, the article identifies the funda- mental principles of current criminal policy. Synthesizing research findings from domestic and international sources, such as Antonyan, Kudryavcev, Ekimov (2004) and Rob White and Fiona Haines (2000), help to form a theoretical foundation for interpreting specific legal phenomena in Vietnam. Comparative legal analysis is employed to contrast the provisions of Vietnam’s Criminal Code with advanced legal systems such as those of Russia, the United Kingdom, the United States, and several European countries. is approach allows for the identification of similarities and differences in criminal policy, particularly regarding the criteria for determining social dan- gerousness, conditions for criminal exemption, and mechanisms for replacing punishment with educational or administrative measures. rough comparison, the article draws legislative lessons suitable for Vietnam’s political, legal, and cultural conditions, while clarifying the global factors influencing the decriminalization trend. e historical-logical method is used to trace the origins of criminalization and decriminal- ization in Vietnamese law, from the 1985 Criminal Code to the 2015 Criminal Code (amended 2017). is method helps analyze the evolution of criminal policy over different periods, reflect- ing the impact of political, economic, and social contexts on the conception of criminal behav- ior. It also reveals the logical connection between shifts in legislative thinking and developments in criminological theory. Additionally, qualitative methods are used to collect and analyze data from reports by the Ministry of Justice, the Supreme People’s Procuracy, the Ministry of Public Security, academic articles, and practical documents. is method allows for an in-depth exploration of the psy- chological, social, and community perception factors related to the decriminalization process. e views and assessments of experts and scholars, as well as public reactions, are considered to evaluate the social effectiveness of current policies. Finally, public policy analysis is applied to assess the impact of the decriminalization trend on Vietnam’s legal system and judicial apparatus. e article analyzes the components of the policy, including its objectives, tools, effectiveness, and impact, thereby identifying the achieve- ments and limitations of its practical implementation. is method links theoretical research with the practicalities of state management of crime prevention, while offering evidence-based policy recommendations consistent with current judicial reform directives. e combination of these methods ensures that the research does not merely describe legal phenomena but delves into the nature, causes, and consequences of the decriminalization trend. is multidimensional approach ensures that the conclusions drawn are both theoretically valu- able and practically significant, contributing to the refinement of Vietnam’s criminal policy in a humane, effective, and internationally aligned direction. Findings e evolution of modern criminology in a global context Modern criminology emerged as human societies transitioned from coercive control models to governance models based on humanistic, person-centered values. roughout the 20th and

726 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 early 21st centuries, the development of the knowledge economy, social sciences, and informa- tion technology changed human perceptions of crime. From viewing crime as a malicious act to be eliminated through punishment, scholars and policymakers gradually recognized that crimi- nal behavior is the result of multiple constituent factors, including social, psychological, and environmental causes. According to Luneev V. V. (1997), modern criminology studies not only the criminal act itself but also the entire social structure in which it occurs. Luneev pointed out that as nations developed modern legal systems, they faced the reality that not all deviant behaviors could be criminalized, as doing so would not only burden the judiciary but also contravene international human rights trends. Instead, countries opted for a more flexible approach, shifting from a “pun- ish to deter” mindset to an “educate to prevent” one. is shift is clearly reflected in the views of Rob White and Fiona Haines (2000), who as- serted that modern criminology is the science of social reaction to deviant behavior. Accordingly, the state’s response to wrongful acts should be harmonized between justice, human rights, and social efficiency. Criminalization should be limited to avoid turning criminal law into an extreme tool of social control, while decriminalization becomes a sign of progress, allowing individuals the opportunity to reform and reintegrate. On this theoretical foundation, many countries have implemented decriminalization poli- cies for low-level offenses. In Europe, acts such as personal drug use, administrative environmen- tal violations, and minor public order disturbances have been shifted to civil or administrative sanctions. In the US and Canada, policies of sentence reduction and replacing incarceration with educational or community service measures are widely implemented. In Nordic countries, mediation between offenders and victims is encouraged to restore social balance. All these trends reflect the development of modern criminology, where law is not just a coercive tool but also a mechanism for promoting justice and social peace. Vietnamese criminology and the transformation of criminal legislative awareness Vietnamese criminology was formed in the context of the country building a socialist- oriented market economy, with the dual goals of protecting social order and ensuring individ- ual freedom. Since the 1980s, Vietnam’s criminal legislative thinking has undergone significant changes. e 1985 Criminal Code was a starting point for Vietnam’s modern criminal system, but it was still heavily dogmatic and punitive. By the 1999 Criminal Code, humanitarian ele- ments began to be emphasized, reflected in the expansion of criminal exemption and the applica- tion of non-custodial rehabilitation. Notably, the 2015 Criminal Code (amended 2017) marks a maturation in legislative think- ing, demonstrating an embrace of modern criminology. e law more clearly delineates between criminal offenses and administrative violations, defining the threshold of “social dangerousness” with specific criteria. Concurrently, many acts previously considered crimes have been moved to the administrative sphere, such as minor public order disturbances, property infringements of small value, or business regulation violations that do not cause serious consequences. ese amendments not only reflect the humanity of Vietnamese law but are also an expression of the global trend of decriminalization.

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 727 Vol. 16(2) mayo - agosto 2026/ 719 - 732 In the view of Le Cam (2008), correctly assessing the level of social dangerousness of an act is a prerequisite for deciding whether to criminalize or decriminalize it. If an act causes only low-level harm and can be prevented and remedied through education or administrative fines, criminal prosecution is unnecessary. is is also the theoretical basis that has enabled Vietnam to gradually transform its criminal policy in line with its socio-economic development and interna- tional integration requirements. e Ministry of Justice (2017), in its assessment of crime prevention in Vietnam, pointed out that excessive criminalization in some areas has overloaded the justice system. Minor crimi- nal cases with low property values accounted for a significant proportion of total cases but did not yield a commensurate deterrent effect. e report recommended strengthening non-criminal measures, especially administrative sanctions, community-based education, and mediation. is is practical evidence affirming the correctness of the decriminalization trend in Vietnam. eoretical and practical basis of decriminalization in Vietnamese criminal policy e theoretical basis of decriminalization in Vietnam stems from two fundamental prin- ciples of the socialist rule-of-law state: the principle of humanitarianism and the principle of rationality in criminal policy. Accordingly, criminalization should only be applied when no other measure is more effective in protecting public interests and social order. Trinh Tien Viet (2008) affirmed that the goal of crime prevention is to minimize the causes of criminal behavior, not to increase punitive measures. erefore, decriminalization is not unconditional leniency but a rationalization of criminal policy based on the principles of penal economy and social efficiency. In practice, Vietnam’s decriminalization process has been implemented in two ways. e first is to remove from the Criminal Code acts that are no longer consistent with social norms, such as usury in civil relations or business regulation violations that do not cause significant damage. e second is to shift from imprisonment to alternative measures, such as fines, non- custodial rehabilitation, or warnings. is approach aligns with the humane spirit of Vietnamese law and creates opportunities for offenders to reform and reintegrate into the community. Dao Le u (2021) notes that the internationalization of Vietnamese criminal law is driving the decriminalization process more vigorously. International human rights commitments, such as the International Covenant on Civil and Political Rights (ICCPR), require member states to limit arbitrary detention and expand non-custodial sanctions. Vietnam has institutionalized this in many legal provisions, helping to affirm its image as a nation that respects human rights and adheres to international legal standards. However, Nguyen Kim Chi (2024) warns that decriminalization must be implemented with limits and careful consideration. If expanded excessively, this policy could lead to the failure to prosecute crimes, especially in sensitive areas like gender-based violence, child abuse, or high- tech crime. erefore, determining the scope of decriminalization must be based on scientific research, social impact assessments, and the enforcement capacity of state agencies. Areas of decriminalization application in Vietnam In its legal reform process, Vietnam has applied decriminalization in various fields, in- cluding economic, social, administrative, and environmental sectors. In the economic sphere,

728 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 violations of tax, accounting, or commercial regulations of a minor nature are handled with administrative measures. is not only reduces the pressure on the court system but also ensures a transparent and flexible business environment. In the social sphere, some acts of public disorder or traffic violations are addressed with fines, license suspension, or community service orders. is approach allows offenders to recog- nize their wrongdoing without facing social stigma. Particularly in environmental protection, a policy of decriminalization combined with administrative sanctions and civil liability helps raise awareness of natural resource protection without resorting to imprisonment. A notable example is the application of decriminalization in public health. e report by the American College of Obstetrics and Gynecologists (2017) on opioid use in pregnancy has been cited by Vietnamese researchers as evidence for shifting from a punitive to a restorative model. According to this report, criminalizing pregnant women who use substances is not only ineffective but also harmful to public health. erefore, treatment, counseling, and social sup- port measures are considered more appropriate options. is view is consistent with the humane spirit of Vietnam’s criminal policy, where education, rehabilitation, and reintegration are valued more than pure punishment. Limitations and challenges of the decriminalization policy Despite achieving many positive results, the decriminalization policy in Vietnam still has some limitations to overcome. e first is the issue of social perception. For a long time, a large portion of the population has held the belief that only criminal punishment is a sufficient de- terrent. us, the shift to non-criminal measures is sometimes misunderstood as “leniency” or a “lack of strictness”. is requires an effective communication and legal education strategy to change public perception about the humane and rational nature of decriminalization. Second is the limitation in defining the boundary between administrative violations and criminal offenses. Because the criterion of “social dangerousness” remains qualitative, its practical application can differ among law enforcement agencies. is can result in cases being criminally prosecuted despite their trivial nature, while some serious acts are overlooked. is necessitates further refinement of legal criteria and professional guidelines to ensure uniform enforcement. ird is the issue of enforcement and supervision capacity. When acts are decriminalized, the responsibility for handling them shifts to administrative agencies or social organizations. However, professional capacity and supervision mechanisms at this level are often limited, which can lead to incomplete resolution or the emergence of corruption. erefore, building a robust inspection and supervision mechanism is essential to ensure that decriminalization achieves its intended goals. Finally, there is a lack of synchronization between different areas of law. Some provisions in the Criminal Code, the Law on Handling of Administrative Violations, and related decrees still overlap, creating ambiguity in the division of jurisdiction and responsibility. is reduces the effectiveness of the decriminalization policy and creates legal risks for both citizens and enforce- ment officials.

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 729 Vol. 16(2) mayo - agosto 2026/ 719 - 732 DISCUSSION e research findings indicate that the trend of decriminalizing violations in Vietnam reflects not only the natural development of legal science but also the State’s clear orientation towards building a humane, fair, and effective justice system. Modern criminology, with its approach of viewing individuals as multidimensional social entities, has helped reshape the perspectives of legislators and law enforcement agencies on the nature of crime and the handling of deviant be- havior. is section will focus on three main issues: the theoretical basis of the decriminalization trend, its significance for Vietnam’s judicial reform process, and future development directions. e theoretical basis and inevitability of decriminalization eoretically, decriminalization is an inevitable product of modern criminology. e theory of the offender’s personality by Antonyan, Kudryavcev, and Ekimov (2004) suggests that indi- viduals are not just subjects of legal responsibility but also products of their economic circum- stances, social environment, and cultural interactions. erefore, criminalizing every wrongdo- ing is unreasonable and can be counterproductive, as punishment does not always lead to reform. Decriminalization, on the other hand, allows society to regulate deviant behavior through more flexible mechanisms, combining education, counseling, mediation, and reintegration. e development of modern society also places new demands on criminal policy. Rob White and Fiona Haines (2000) emphasize that criminal law cannot exist detached from the economic and cultural foundations of society; thus, reducing criminal intervention is a common trend among nations aiming for sustainable development. e shift from a retributive to a preventive and educational mechanism is seen as a sign of a mature justice system that respects human rights and social efficiency. In Vietnam, this perspective aligns with the objectives of a socialist rule- of-law state, where law is both a regulatory tool and a means of civic education. As Trinh Tien Viet (2008), Huynh & Vuhong (2025) affirmed, crime prevention must be central to criminal policy. As society develops, the overuse of imprisonment can create financial burdens and reduce opportunities for offender rehabilitation. erefore, decriminalization is a scientific solution to balance the need to protect social order with the safeguarding of human rights. e significance of decriminalization in Vietnamese criminal policy Discussing the significance of decriminalization must be contextualized within Vietnam’s ongoing judicial reform. e 2015 Criminal Code (amended 2017) is clear evidence of the ef- fort to build a humane, rational, and integrated legal system. Shifting some minor violations to administrative sanctions or alternative measures like non-custodial rehabilitation, fines, or warn- ings has allowed offenders to rectify their mistakes without being removed from the community. is not only helps reduce the burden on the justice system but also clearly demonstrates the humane thinking of the Vietnamese legislature. According to Dao Le u (2021), the internationalization of Vietnamese criminal law has brought the country’s legislation closer to United Nations standards on human rights. In many areas, Vietnam has shown a strong commitment to protecting individual freedoms and minimiz- ing the use of liberty-depriving punishments for acts that are not genuinely dangerous to society.

730 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 is policy also enhances Vietnam’s image on the international stage, affirming that legal integra- tion is not about copying foreign models but about flexible adaptation based on national values. From a socio-legal perspective, decriminalization helps strengthen public trust in the justice system. When the law demonstrates humanity and fairness, citizens are more likely to cooper- ate with state agencies rather than fear or evade them. e use of educational, counseling, and restorative measures instead of harsh punishments also contributes to the long-term stability of social order. Challenges and directions for refining decriminalization policy Although the decriminalization trend offers many benefits, its implementation in Vietnam still faces several challenges. e foremost is the boundary between administrative violations and criminal offenses. e “social dangerousness” criterion, though stipulated in the Criminal Code, remains qualitative, leading to inconsistent application among law enforcement bodies. is lack of uniformity can reduce the policy’s effectiveness and create a sense of injustice in society. Second, the enforcement capacity of officials in administrative and judicial agencies is un- even. When a violation is decriminalized, the responsibility for handling it shifts to local levels. Without adequate training, officials may apply sanctions incorrectly or unpersuasively, provok- ing negative public reactions. erefore, it is essential to enhance training and foster legal knowl- edge and professional ethics among enforcers. ird, communication and legal education need to be strengthened to raise public aware- ness of the nature of decriminalization. In the minds of many citizens, imprisonment is still seen as the symbol of justice. Changing this mindset cannot happen overnight but requires a long- term legal education process involving schools, state agencies, and the mass media. Regarding future directions, it is first necessary to continue researching and developing a clearer set of criteria for determining the degree of an act’s danger. ese criteria should be based on both material and non-material factors, including the extent of damage, motive, circumstances, and the likelihood of recidivism. Second, alternative sanctions to imprisonment, such as mediation, community service, restorative justice, or vocational training, should be expanded. ese measures not only help offenders reintegrate but also bring tangible benefits to society. ird, the coordina- tion mechanism between administrative, judicial, and social organizations must be improved to ensure that the implementation of decriminalization is synchronous and transparent. Finally, decriminalization policy must be situated within the overall development strategy of the Vietnamese rule-of-law state, where law aims to serve the people, ensure justice, and main- tain social order. Modern criminology is no longer just the science of crime, but the science of balancing human rights and community interests. When implemented correctly, decriminaliza- tion will become an effective tool for building a just, humane, and sustainable society. CONCLUSIONS Modern criminology has gone beyond the limits of traditional criminal theories to become a humanistic science, aiming to understand people in the totality of social relationships. In that development process, the trend of decriminalizing violations is considered a manifestation of

Criminología moderna y la despenalización de las infracciones en Vietnam: una evaluación de políticas y recomendaciones 731 Vol. 16(2) mayo - agosto 2026/ 719 - 732 progress, reflecting the ability of the law to adapt to changes in social life. Research shows that gradually reducing the scope of criminalization and expanding non-criminal remedies does not weaken the effectiveness of the law, but on the contrary, helps the legal system operate more rea- sonably, more effectively and closer to social life. In Vietnam, criminal legislative thinking has clearly changed towards approaching the values of modern criminology. e 2015 Penal Code, amended in 2017, represents a major step forward in the process of institutionalizing the Party and State’s judicial reform policy. e decriminaliza- tion of some violations, the expansion of the mechanism of criminal liability exemption, and the application of measures to replace imprisonment demonstrate the development of a humane and progressive criminal policy. is trend is consistent with the requirements of international integra- tion, and at the same time affirms the orientation of building a socialist rule-of-law state, where the law not only punishes but also educates, rehabilitates, and guides people to improve. However, research also shows that the decriminalization process in Vietnam is still facing many challenges. e definition of the boundary between administrative violations and criminal acts is still unclear; the enforcement capacity of administrative agencies in some areas is limited; and social awareness of the human nature of decriminalization is not really widespread. ese limitations, if not overcome, will affect the consistency, transparency and effectiveness of the legal system. erefore, perfecting the legal framework and enforcement mechanism for decrimi- nalization is an urgent task in the development process of Vietnam’s current criminal policy. RECOMMENDATIONS Based on the research results, the article proposes a number of recommendations to im- prove the effectiveness of the decriminalization policy and develop Vietnamese criminology in a modern, sustainable and international standard-compliant direction. First, it is necessary to perfect the legal basis for decriminalization, which clearly stipulates the criteria for determining the social danger of violations, the scope of application of alterna- tive measures and the mechanism for controlling power during the implementation process. It is necessary to establish a system of scientific criteria to distinguish between administrative and criminal acts in order to ensure consistency and transparency in the application of the law. Second, it is necessary to strengthen training and fostering for judicial and administrative staff on modern criminological approaches, especially skills in assessing personality, motives and circumstances of crime. Enforcement officers need to be equipped with knowledge of education- al, conciliation and rehabilitation measures, instead of relying solely on coercive punishment. Developing human capacity will determine the success of decriminalization policies. ird, it is necessary to expand alternative treatment measures to imprisonment, including community education, community service, mediation between offenders and victims, as well as counseling and psychological rehabilitation programs. ese measures both contribute to reduc- ing recidivism and creating opportunities for offenders to reintegrate into society, in line with the goal of building a justice system for people.

732 Nguyen Huynh, Hong Van Interacción y Perspectiva. Revista de Trabajo Social Vol. 16(2): 2026 Fourth, it is necessary to promote propaganda and legal education to change social aware- ness about the nature of decriminalization. People need to understand that this is not a relaxation of legal discipline, but an inevitable development of modern legal thinking, aiming at a balance between social order and human dignity. Finally, the State needs to strengthen modern criminological research and build a national database on crimes and violations to serve policy-making. e application of scientific analysis methods, including statistics, sociology and legal psychology, will help to evaluate the effective- ness of decriminalization more objectively and comprehensively. In general, decriminalization is an irreversible trend in the process of perfecting Vietnam’s criminal law. is is not only a change in legislative techniques but also a manifestation of a humanistic political-legal vision, valuing human values and aiming for a fair, civilized and sustainable society. BIBLIOGRAPHIC REFERENCES • American College of Obstetrics and Gynecologists (ACOG). (2017). Committee opinion no. 711: Opioid use and opioid use disorder in pregnancy. Obstetrics & Gynecology, 130(2), 81–94. • Antonyan, Ju. M., Kudryavcev, V. N. & Ekimov, V. E. (2004). e Personality of the Offender. Legal Center Press, Moscow (in Russian). • Dao, L. T. (2021). “e trend of internationalization of Vietnamese criminal law and its implications for criminal legislation”. Vietnam Lawyer E-Journal. • Huynh, B. N, & Vuhong, V. (2025). “Preventing school crime in the context of digital transformation in Vietnam: identifying the role of education and law”. Online Journal of Educational Policy and Management, 29 (esp4), e025094. https://doi.org/10.22633/rpge. v29iesp4.20763 • Le, C. (2008). “e Doctrine of Crime - Fundamental Issues”. e Procuracy Review, No. 11. • Luneev, V. V. (1997). Crime in the 20th Century: A World Criminological Analysis. Norma, Moscow (in Russian). • Ministry of Justice. (2017). Crime Prevention and Control in Our Country Today – Current Situation and Some Recommendations. • National Assembly. (2017). e 2015 Criminal Code, amended and supplemented in 2017 (Law No. 12/2017/QH14). Hanoi. • Nguyen, K. C. (2024). “Criminalization of gender-based violence - eoretical and practical issues in Vietnam”. Journal of Law and Development. • Schichor, D. (1980). “e new criminology: some critical issues”. e British Journal of Crim- inology, 20(1), 1–19. • Rob White, Fiona Haines. (2000). Crime and Criminology: An Introduction (Second Edi- tion). Oxford University Press. • Hamdan Taher, Mohammed Ali (2024). “e legal nature of the violations”. Law and World, 10(29), 50-65. https://lawandworld.ge/index.php/law/article/view/472 • Trinh, T. V. (2008). e concept of crime prevention from a criminological perspective. VNU Journal of Science: Economics and Law, 24, 185-199. • Vo, K. V. & Vo, K. L. (2025). Development trends of criminology in the new era of national development. Vietnam Lawyer E-Journal.