Improving the provisions of the Vietnamese Penal Code on non-detention principal penalties

Abstract

This article analyzes the definition of non-custodial principal penalties in the 2015 Penal Code (amended and supplemented in 2017 and 2025), clarifying the concept, characteristics, scope, and conditions for applying these penalties. Based on the practical application of non-custodial principal penalties between 2021 and 2025, it points out the limitations in legal regulations and the arbitrary aspects of penalty application. Thereby, the author proposes recommendations for amending and supplementing the Penal Code to contribute to the improvement of human rights policy, ensuring feasibility and consistency in law application, and strengthening the protection of human rights in Vietnamese criminal justice.