Abstract

This article examines the limitations and inadequacies of Article 235 of the 2015 Penal Code, as amended and supplemented in 2025, concerning the offense of causing environmental pollution. The principal issues include difficulties in imposing criminal liability on commercial legal entities; limitations in applying supplementary penalties, particularly prohibitions on holding certain positions or practicing particular professions; and the absence of clear criteria for determining serious, very serious, or particularly serious consequences. On this basis, the article proposes practical solutions to improve the relevant provisions of the Penal Code and strengthen the professional capacity of competent criminal justice authorities, thereby enhancing the prevention, investigation, prosecution, and adjudication of environmental pollution offenses in Vietnam.

Keywords: Commercial legal entities, corporate criminal liability, criminal law, environmental pollution offense, legislative improvement, serious consequences, supplementary penalties.