Question: Some critics said that Article 88 of Vietnam’s Penal Code is to criminalize civil cases concerning to the rights to peaceful expression of different opinions. What is your comment on this?

Answer: 

In Vietnam, the current Penal Code as well as the other laws must be adopted by the National Assembly and promulgated on the basis of principles and procedures of building a legal normative act which include opinions of large sections of the population. 

The Penal Code reflects the people’s will and aspiration, and the consensus of the society for the kind of crimes to be tried in a court of law. This is the legal basis to prevent and combat crimes, defend  the nation’s independence, sovereignty, unity and territorial integrity, protect the interests of the State as well as the legitimate rights and interests of the citizens and organizations. It contributes to maintaining social   order and security and economic management order and ensuring that all people live in a safe, healthy and highly humanist social and ecological environment.

All citizens have the right to express their opinion but this right has to be exercised within a legal framework, free from being prejudicial to other’s interests and national interests. Any violation of the law must be clearly dealt with in accordance with provisions of the law./.