NEW REGULATIONS ON PENALTIES FOR JUVENILE OFFENDERS EFFECTIVE FROM JANUARY 1, 2026

In November 2024, the National Assembly passed the Law on Juvenile Justice, which will take effect on January 01, 2026, aiming to perfect a judicial framework that is sufficiently stringent yet humane towards juvenile offenders; and to enhance education, support, and assistance for juvenile offenders to rectify their mistakes and improve their behavior. This normative legal document inherits the provisions on penalties for offenders under 18 years of age from the 2015 Penal Code, but introduces significant upgrades to establish a more comprehensive legal framework.

1. Juvenile offenders

Pursuant to Clause 1, Article 3 of the 2024 Law on Juvenile Justice: "A juvenile offender is a person who commits a crime under the provisions of the Penal Code and is aged between full 14 years and under 18 years".

2. Classification of crimes

Category of crime	Highest level of the penalty bracket
Less serious	Fine, non-custodial reform, or imprisonment of up to 03 years
Serious	From over 03 years to 07 years of imprisonment
Very serious	From over 07 years to 15 years of imprisonment
Extremely serious	From over 15 years to 20 years of imprisonment, life imprisonment, or death penalty

(Legal basis: Article 9 of the 2015 Penal Code)

3. Penalties for juvenile offenders

3.1. Penalties

Section 1, Chapter VI of the 2024 Law on Juvenile Justice prescribes 04 penalties applicable to juvenile offenders as follows:

a. Warning

Applied to persons aged between full 16 and under 18 years who commit serious crimes (by negligence), less serious crimes, and have mitigating circumstances but not to the extent of being exempted from penalties.

b. Fine

Applicable subjects:

Juvenile offenders who have income or their own property.

Fine levels:

Age at the time of committing the crime	Penalty level
From full 16 to under 18 years old	≤ 1/2 of the fine level prescribed by the relevant article of the Penal Code
From full 14 to under 16 years old	≤ 1/3 of the fine level prescribed by the relevant article of the Penal Code

c. Non-custodial reform

Applicable subjects:

Age at the time of committing the crime	Category of crime
From full 16 to under 18 years old	Very serious (by negligence) or less serious, serious
From full 14 to under 16 years old	Very serious

Term of reform

≤ 1/2 of the term prescribed by the relevant article of the Penal Code.

Term imprisonment

Age at the time of committing the crime	Penalty prescribed by the relevant article of the Penal Code	Maximum imprisonment term applied	Exceptional cases ()
From full 16 to under 18 years old	Life imprisonment/Death penalty	≤ 15 years of imprisonment	≤ 18 years of imprisonment
//	Term imprisonment	≤ 3/5	≤ 3/4
From full 14 to under 16 years old	Life imprisonment/Death penalty	≤ 09 years of imprisonment	≤ 12 years of imprisonment
//	Term imprisonment	≤ 2/5	≤ 1/2

() Exceptional cases refer to instances where the juvenile offender commits one of the following crimes: Murder; Rape; Rape of a person under 16 years of age; Forcible intercourse with a person aged between full 13 and under 16 years; Illegal production of narcotic substances.

3.2. Application of penalties

Penalties are only applied when diversionary measures fail to ensure educational and preventive effectiveness.
Priority in applying penalties: Warning > Fine > Non-custodial reform > Suspended sentence.
Term imprisonment is only applied when other measures and penalties lack deterrent and preventive effects.
Life imprisonment or the death penalty shall not be applied.
Supplementary penalties shall not be applied.
When term imprisonment is imposed, a lighter sentence than that of an adult committing a corresponding crime shall be enjoyed, for the shortest appropriate term.

3.3. New points compared to the provisions of the Penal Code

First, it specifically prescribes the cases where the "Warning" penalty is applicable.
Second, it expands the subjects applicable for the "Fine" penalty to persons aged between full 14 and under 16 years who have their own property.
Third, it reduces the maximum penalty level for persons aged between full 16 and under 18 years from 18 years down to 15 years of imprisonment, and for offenders aged between full 14 and under 16 years from 12 years down to 9 years of imprisonment, except in cases of committing one of the following crimes: Murder; Rape; Rape of a person under 16 years of age; Forcible intercourse with a person aged between full 13 and under 16 years; Illegal production of narcotic substances.

4. Postponement of serving imprisonment sentences for juvenile offenders (Article 125 of the 2024 Law on Juvenile Justice)

4.1. Cases for postponement of serving imprisonment sentences

Suffering from a severe illness: Postponed until health is recovered.

Female who is pregnant/nursing a child under 36 months old: Postponed until the child is full 36 months old.

The sole income earner in the family: Postponed for up to 01 year if serving the imprisonment sentence would cause the family to face special difficulties (except in cases of being convicted of crimes infringing upon national security/other crimes classified as very serious or extremely serious).

Registered and eligible to participate/currently participating in graduation exams for lower secondary school, upper secondary school, or graduation exams in vocational education institutions: May be postponed until the completion of the exam if confirmed by the educational or vocational education institution where the person is studying.

4.2. New points compared to the provisions of the Penal Code

Adding the case of postponing the serving of an imprisonment sentence for convicted juveniles who have registered and are eligible for graduation exams in lower secondary school, upper secondary school, or vocational education institutions.

Cases where juvenile offenders are granted a suspended sentence (Article 124 of the 2024 Law on Juvenile Justice)

5.1. Conditions for granting a suspended sentence

Sentenced to imprisonment of not more than 03 years;
Based on their personal record and mitigating circumstances, it is deemed unnecessary to force them to serve the imprisonment sentence.

5.2. Probationary period

Determined by the Court to be from 01 year to 03 years, depending on each specific case.

5.3. New points compared to the provisions of the Penal Code

The probationary period applied to juvenile offenders granted a suspended sentence has been reduced from between 01 and 05 years to between 01 and 03 years.

6. Conditional early release from prison (Article 126 of the 2024 Law on Juvenile Justice)

6.1. Conditions for considering early release from prison

Showing substantial progress and a good sense of reform;
Having served at least 1/3 of the imprisonment term;
Having a clear place of residence.

6.2. Probationary period

Probationary period: Equal to the remaining term of the imprisonment sentence.

Shortening the probationary period: May be shortened when the person granted early release has served at least 1/2 of the probationary period and shown substantial progress.

6.3. Cancellation of the decision on early release from prison

The Court shall cancel the decision on early release from prison if, during the probationary period:

The person granted early release intentionally violates their obligations 02 or more times.
The person granted early release is administratively sanctioned 02 or more times.

Legal consequences: The person granted early release must serve the remaining unserved portion of the imprisonment sentence.

6.4. New points compared to the provisions of the Penal Code

Firstly, the conditions for considering early release from term imprisonment for juveniles serving an imprisonment sentence have been relaxed, specifically:

Removing the condition "not being a convicted person falling into one of the cases specified in Clause 2, Article 66 of the 2015 Penal Code";
Removing the condition "Committing a crime for the first time".

Secondly, the timing for considering conditional early release from prison is immediately upon satisfying the prescribed conditions, without the need to wait for a scheduled review period as before.

7. Expungement of criminal records for juvenile offenders (Article 127 of the 2024 Law on Juvenile Justice)

7.1. Cases without a criminal record

Persons aged between full 14 and under 16 years who commit crimes.
Persons aged between full 16 and under 18 years who commit less serious, serious, or very serious crimes (by negligence).

7.2. Cases of automatic expungement of criminal records

Subjects: Persons aged between full 16 and under 18 years convicted of very serious crimes (intentionally) or extremely serious crimes.

Conditions: From the completion of serving the penalty/expiration of the suspended sentence's probationary period/expiration of the statute of limitations for judgment execution, not committing any new crime within the legally prescribed time limit.

7.3. New points compared to the provisions of the Penal Code

Applied penalty	Law on Juvenile Justice	Penal Code
Warning, fine, non-custodial reform, or imprisonment but granted a suspended sentence	03 months	06 months
Imprisonment of up to 05 years	06 months	01 year
Imprisonment of over 05 to 15 years	01 year	02 years
Imprisonment of over 15 years	02 years	03 years

The promulgation of the 2024 Law on Juvenile Justice is a breakthrough advancement in the judicial sector, because: For the first time, Vietnam has promulgated a specialized legal document that comprehensively and systematically regulates the field of juvenile justice.

By reducing the maximum penalty levels, relaxing the conditions for suspended sentences and early release, and shortening the time for expunging criminal records, the new Law has opened up significant opportunities for persons under 18 years of age to rectify their mistakes and soon reintegrate into the community.

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