Circumstances That May Be Considered Mitigating Circumstances of Criminal Liability

In addition to the mitigating circumstances of criminal liability specifically provided for under Clause 1, Article 51 of the 2015 Penal Code (as amended and supplemented in 2017 and 2025), Clause 2, Article 51 of the Penal Code provides: “When deciding on the penalty, the Court may treat self-surrender or another circumstance as a mitigating circumstance, provided that the reason for the mitigation is clearly stated in the judgment.”

With a view to ensuring the uniform application of this provision in adjudicative practice, the Judicial Council of the Supreme People’s Court issued Resolution No. 04/2025/NQ-HĐTP dated 30 September 2025, providing guidance on the application of the mitigating circumstances of criminal liability and the aggravating circumstances of criminal liability set out in Clause 2, Article 51 of the Penal Code.

Pursuant to Article 3 of Resolution No. 04/2025/NQ-HĐTP, the following circumstances may be considered mitigating circumstances of criminal liability under Clause 2, Article 51 of the Penal Code:

– 1. Self-surrender by the offender means a case in which, after the offense or the offender has been discovered, the offender voluntarily presents himself or herself to, and confesses his or her offense to, the competent authority.

– 2. The offender voluntarily returns at least one-half of the illicit proceeds obtained from the offense, or pays the supplementary fine imposed under the Court’s judgment or decision.

– 3. The offense was committed in the course of performing an urgent work assignment, such as responding to a storm or flood, providing emergency relief, or combating an epidemic.

– 4. The offender participated in the resistance war for national liberation, in national defense, or in fulfilling an international duty, as confirmed by the competent authority, but has not yet been awarded an Order or Medal for objective reasons relating to the declaration and request procedure.

– 5. The offender has a mother or grandmother who has been awarded the title “Heroic Vietnamese Mother” by the State; or has a father, mother, grandfather, or grandmother who has been awarded the title “Labour Hero” or “Hero of the People’s Armed Forces” by the State.

– 6. The offender has a father or mother who has been awarded numerous commendations or certificates of merit for outstanding achievements in their work.

– 7. The victim, or the victim’s representative, requests leniency in sentencing the offender, in a case involving only harm to the victim’s health or damage to the victim’s property.

– 8. The victim was also at fault, or the harm resulted from the fault of a third party.

– 9. The offender has three or more young children, all under 15 years of age, or has a child with a severe disability or a fatal disease, where the offender’s spouse is unemployed, and the family is in difficult circumstances, as confirmed by the local authority.

In addition to the circumstances listed above, the Court may treat another circumstance as a mitigating circumstance of criminal liability under Clause 2, Article 51 of the Penal Code, provided that the reason for the mitigation is clearly stated in the judgment. The consideration and application of any other mitigating circumstance must be carried out with caution and rigor, based on the nature and particular features of each case and each specific situation.

In practice, a request for the Court to consider a mitigating circumstance under Clause 2, Article 51 should be prepared on the basis of the following requirements:

• – The circumstance sought to be applied must fall within a case that the law permits to be considered;
• – There must be documents and evidence proving that the circumstance actually exists in fact; and
• – The application of the circumstance must be linked to a comprehensive assessment of the criminal conduct, the offender’s personal background, and the circumstances of the case.

The issuance of Resolution No. 04/2025/NQ-HĐTP contributes to clarifying the criteria for considering mitigating circumstances under Clause 2, Article 51, thereby providing a basis for the more consistent and cautious application of this provision in adjudicative practice. At the same time, this provision continues to reflect the humanitarian policy of the criminal law, allowing the Court to comprehensively consider factors relating to the offender on a lawful basis, while still upholding the principle of strict, correct handling – the right person, the right offense, and in accordance with the law.

Should you require in-depth assistance, please kindly contact:

Consulting – Litigation Lawyer: Pham Anh Hung

• – Email: info@bizlawyer.vn
• – Tel: 086.885.1900

Respectfully./.