Abstract

This article examines the mechanisms for clemency, sentence commutation, and the enforcement of the death penalty in Vietnam in the context of the 2025 amendments to the Penal Code. The findings reveal several major shortcomings, including the absence of clear criteria and processing time limits for clemency, the risk of inconsistent application of sentence commutation in transitional cases, limited transparency and oversight due to confidentiality requirements, and gaps in post-conviction legal aid. On that basis, the article proposes several recommendations, including the standardization of procedures, criteria, time limits, and notification obligations; the issuance of unified guidance on transitional commutation; the strengthening of post-conviction legal aid; and the establishment of a mechanism for compiling and publishing aggregated data within safe disclosure thresholds in order to improve effectiveness and accountability.

Keywords: 2025 Penal Code, clemency, death penalty, enforcement, sentence commutation.