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  • Research Article

Criminal Policy on Environmental Crimes in Vietnam: Development Directions and Fundamental Solutions

Ngo Ngoc Diem1, Le Minh Tung2
1Hanoi University of Culture, Vietnam
2University of Law, Vietnam National University, Hanoi, Vietnam
DOI: https://doi.org/10.70517/revcc2624181
Published: 03/11/2026
: Ngo Ngoc Diem, Le Minh Tung. Criminal Policy on Environmental Crimes in Vietnam: Development Directions and Fundamental Solutions. Revista Cultura Científica, 2026 Issue 24. pg. 2221-2232.

Abstract

Environmental crime creates substantial challenges for ecological security, public health, and sustainable development in Vietnam. This article examines criminal policy on environmental offences, analyses Chapter XIX of the 2015 Penal Code and subsequent amendments, and considers practical barriers to enforcement. The study combines doctrinal legal analysis with historical discussion, a limited literature-based comparison, and a descriptive examination of enforcement information. Verification of the aggregate statistics identifies their coverage as 2010–2020, while the separate author-provided annual series is labelled 2018–2025 and contains totals that do not agree with its annual entries. These sources are therefore distinguished, and the annual series is treated as provisional. The legal analysis identifies difficulties involving offence-specific thresholds, proof of environmental harm where required, scientific evidence, and the attribution of liability to commercial legal entities. It also distinguishes the sanctions legally available from their actual frequency of application, which cannot be established without sentencing records. The article recommends clearer implementation guidance, proportionate preventive offences, effective corporate accountability, specialist professional training, stronger forensic capacity, and coordinated international cooperation. Public participation and secure reporting procedures are considered complementary means of identifying concealed violations. The central argument is that criminal enforcement should connect statutory precision, evidentiary reliability, institutional competence, and environmental remediation. These recommendations are presented as reform proposals rather than as demonstrated effects of the enforcement statistics. Reliable conclusions about crime incidence, prosecution rates, and deterrence require reconciled administrative records with consistent reporting periods and clearly defined units of observation.

Keywords: environmental crimes; criminal policy; environmental criminal law; corporate criminal liability; law enforcement; Vietnam

Abstract

Environmental crime creates substantial challenges for ecological security, public health, and sustainable development in Vietnam. This article examines criminal policy on environmental offences, analyses Chapter XIX of the 2015 Penal Code and subsequent amendments, and considers practical barriers to enforcement. The study combines doctrinal legal analysis with historical discussion, a limited literature-based comparison, and a descriptive examination of enforcement information. Verification of the aggregate statistics identifies their coverage as 2010–2020, while the separate author-provided annual series is labelled 2018–2025 and contains totals that do not agree with its annual entries. These sources are therefore distinguished, and the annual series is treated as provisional. The legal analysis identifies difficulties involving offence-specific thresholds, proof of environmental harm where required, scientific evidence, and the attribution of liability to commercial legal entities. It also distinguishes the sanctions legally available from their actual frequency of application, which cannot be established without sentencing records. The article recommends clearer implementation guidance, proportionate preventive offences, effective corporate accountability, specialist professional training, stronger forensic capacity, and coordinated international cooperation. Public participation and secure reporting procedures are considered complementary means of identifying concealed violations. The central argument is that criminal enforcement should connect statutory precision, evidentiary reliability, institutional competence, and environmental remediation. These recommendations are presented as reform proposals rather than as demonstrated effects of the enforcement statistics. Reliable conclusions about crime incidence, prosecution rates, and deterrence require reconciled administrative records with consistent reporting periods and clearly defined units of observation.

Keywords: environmental crimes; criminal policy; environmental criminal law; corporate criminal liability; law enforcement; Vietnam

References

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  2. Vietnam, Office of the National Assembly. Bo luat Hinh su [Penal Code]. Consolidated Document no. 135/VBHN-VPQH, 5 Sept. 2025, incorporating Penal Code no. 100/2015/QH13 and subsequent amendments. https://datafiles.chinhphu.vn/cpp/files/vbpq/2025/9/135-vbhn-vpqh.pdf.

  3. Vietnam, National Assembly. Luat sua doi, bo sung mot so dieu cua Bo luat Hinh su [Law Amending and Supplementing a Number of Articles of the Penal Code]. Law no. 86/2025/QH15, 25 June 2025, effective 1 July 2025. https://vanban.chinhphu.vn/?docid=214583&pageid=27160.

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  5. Nellemann, Christian, et al., editors. The Rise of Environmental Crime: A Growing Threat to Natural Resources, Peace, Development and Security. United Nations Environment Programme and RHIPTO Rapid Response–Norwegian Center for Global Analyses, 2016. A UNEP–INTERPOL Rapid Response Assessment. https://wedocs.unep.org/handle/20.500.11822/7662.

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  10. Banh Quoc Tuan and Nguyen Son Ha. “Handling Violations against Regulations on Controlling Water Pollution in Industrial Parks: Current Legal Framework and Proposed Solutions.” Tap chi Cong Thuong, no. 13, May 2023, pp. 8–13. https://scholar.dlu.edu.vn/thuvienso/bitstream/DLU123456789/209949/1/CVv146S132023008.pdf.

  11. Huisman, Wim, and Judith van Erp. “Opportunities for Environmental Crime: A Test of Situational Crime Prevention Theory.” The British Journal of Criminology, vol. 53, no. 6, 2013, pp. 1178–1200. https://doi.org/10.1093/bjc/azt036.

  12. Vietnam, Government. Decree Defining the Functions, Tasks, Powers and Organisational Structure of the Ministry of Agriculture and Environment. Decree no. 35/2025/ND-CP, 25 Feb. 2025, effective 1 Mar. 2025. https://chinhphu.vn/?classid=1&docid=212980&pageid=27160&typegroupid=4.

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  14. Elliott, Lorraine. “Transnational Environmental Crime in the Asia Pacific: An ‘Un(der)securitized’ Security Problem?’’ The Pacific Review, vol. 20, no. 4, 2007, pp. 499–522. https://doi.org/10.1080/09512740701671995.

  15. Lang, Petr. “Environmental Crime Prevention: Theory and Practice Issues.” BIO Web of Conferences, vol. 113, 2024, article 06003. https://doi.org/10.1051/bioconf/202411306003.

Ngo Ngoc Diem
Hanoi University of Culture, Vietnam
Le Minh Tung
University of Law, Vietnam National University, Hanoi, Vietnam
tunglm71079@vnu.edu.vn

How to cite:

Ngo Ngoc Diem, Le Minh Tung. Criminal Policy on Environmental Crimes in Vietnam: Development Directions and Fundamental Solutions. Revista Cultura Científica, 2026 Issue 24. pg. 2221-2232.

Publication History

  • Received: 19/05/2026
  • Accepted: 11/10/2026
  • Published: 03/11/2026
Copyright © 2026, Ngo Ngoc Diem, Le Minh Tung. Published by Revista Cultura Científica. This article is published as open access under the Creative Commons Attribution 4.0 International (CC BY 4.0) license (http://creativecommons.org/licenses/by/4.0/).

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