Modern criminology and the decriminalization of offenses in Vietnam: policy assessment and recommendations

Abstract

This 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. Through this analysis, it clarifies the theoretical basis, practical significance, and policy value of the shift from criminal remedies to administrative, civil, and educational mechanisms. The 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. The 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 socially 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.