CONTROLLING THE APPLICATION OF CRIMINAL LAW TO ECONOMIC RELATIONS: COMPARATIVE LESSONS AND RECOMMENDATIONS FOR VIETNAM

Abstract

Criminal law is essential to protecting property rights, transactional security and market order. Yet criminal proceedings initiated without sufficient legal or evidential grounds, or accompanied by disproportionate coercive measures, may distort economic relations and disrupt legitimate business activities. Drawing on Article 5 of Resolution No. 198/2025/QH15, this article examines how Vietnam’s commitment not to improperly criminalise economic relations can be translated into an operational control mechanism. It applies functional comparative law, supplemented by doctrinal, case-based and institutional analysis of China, Germany, and England and Wales. The comparison identifies complementary safeguards concerning the distinction between disputes and crimes, graduated legal responses, prosecutorial review, corporate liability and asset restraints. On that basis, the article proposes a three-level control framework and a five step assessment process. It also recommends stronger duties to give reasons, structured expert consultation, periodic review of asset restraints, carefully delimited conditional dispositions, and clearer attribution of liability between legal entities and individuals.