The validity of Vietnam’s Penal Code: some problems arising in practice and solutions

Abstract

The validity of the Penal Code is a very important issue and legal basis for the strict implementation of the principles of legality, fairness, and humanity, as well as the requirement for international cooperation in handling crimes and offenders within and outside of the territory of Vietnam. Therefore,  this article clarifies the content of the provisions of the Vietnam Penal Code on validity, highlights a number of practical problems, and proposes some solutions to amend the articles 5, 6, and 7 of the 2015 Penal Code (amended in 2017) to ensure the legal and practical basis for accurately determining the temporal effect, spatial effect and applicable subjects, contributing to the fight against and the prevention of crime during Vietnam’s globalisation process.