Nghị định 203/2026/NĐ-CP quy định về thi hành án tử hình bằng tiêm thuốc độc

DECREE

ON THE EXECUTION OF THE DEATH PENALTY BY LETHAL INJECTION

Pursuant to the Law on Government Organization No. 63/2025/QH15 (amended by the Law No. 137/2025/QH15);

Pursuant to Law on Execution of Criminal Judgments No. 127/2025/QH15;

At the request of the Minister of Public Security;

The Government promulgates the Decree on the execution of the death penalty by lethal injection.

Chapter I

GENERAL REGULATIONS

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This Decree provides procedures for execution of lethal injection; drugs used for injection; facilities and equipment used for the execution of the death penalty; responsibilities of authorities, organizations and individuals engaging in the execution of the death penalty; costs of burial for persons who have been executed; benefits and policies for persons participating in the execution of the death penalty by lethal injection.

Article 2. Regulated entities

This Decree applies to authorities, organizations and individuals engaging in the execution of the death penalty, as well as to persons sentenced to death.

Article 3. Benefits and policies for persons participating in the execution of the death penalty

1. Members of the Death Penalty Execution Team are entitled to an allowance equal to three times of the statutory pay rate for the execution of  the death penalty of one person, and are entitled to 10 days of leave in accordance with general regulations on leave applicable to officers and soldiers of the People’s Public Security Forces and the People’s Army.

2. Persons participating in the Death Penalty Execution Council; the secretary of the Death Penalty Execution Council; correctional officers; persons responsible for audio recording, video recording, photography, interpretation, fingerprinting of the condemned person, shrouding of the dead body, handing over the corpse or ashes, or conducting burial arrangements are entitled to an allowance equal to one times of the statutory pay rate for the execution of the death penalty of one person.

3. Persons participating in security and public order assurance; representatives of the commune-level People’s Committee, ward-level People’s Committee or special-zone People’s Committee (hereinafter referred to as the commune-level People’s Committee); and investigators are entitled to an allowance equal to one-half of the statutory pay rate for the execution of the death penalty of one person.

Article 4. Burial expenses

The burial expenses for a person who has been executed include one ordinary wooden coffin; one set of long outer clothing; one set of new undergarments; 4 square meters of shroud cloth; incense, candles; alcohol for cleansing the body during shrouding; and other burial expenses in conformity with local customs and practices.

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PROCEDURES FOR CARRYING OUT LETHAL INJECTION

Article 5. Preparation before carrying out lethal injection

1. The execution of the death penalty shall comply with clauses 2, 3 and 4, Article 77 of the Law on Execution of Criminal Judgments in 2025; this Decree; and relevant laws.

2. The drugs used for the execution of the death penalty shall be inspected, unsealed and recorded in minutes by the Death Penalty Execution Council in accordance with the laws.

3. The condemned person shall be secured to the execution bed in a supine position without obstructing blood circulation.

Article 6. Implementation of lethal injection

The officer directly responsible for carrying out the execution of the death penalty shall perform the following steps:

1. Receive three doses of the execution drugs from the Death Penalty Execution Council (including two reserve doses).

2. Identify a vein of the condemned person for lethal injection; if no vein can be identified, report to the President of the Death Penalty Execution Council and request medical personnel to assist in locating a vein.

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Step 1: Inject the drug that induces loss of consciousness;

After the injection of the drug, the officer responsible for carrying out the execution shall verify whether the condemned person has lost consciousness. If the person has not yet lost consciousness, additional doses of the drug shall be injected until the condemned person has completely lost consciousness;

Step 2: Inject the drug that causes paralysis of the motor system;

Step 3: Inject the drug that stops the heart from functioning.

4. The heart activity of the condemned person shall be supervised using an electrocardiogram machine. If the person has not died within 10 minutes after the injection of the first dose, the supervising officer shall report to the President of the Death Penalty Execution Council to give order for the injection of the second dose.

If the condemned person has not died within 10 minutes after the injection of the second dose, the supervising officer shall report to the President of the Death Penalty Execution Council to give order for the injection of the third dose.

If the condemned person has still not died after the injection of the third dose, the Head of the Death Penalty Execution Team shall report to the President of the Death Penalty Execution Council to suspend the execution of the death sentence.

5. The injection procedures prescribed in clauses 3 and 4 of this Article may be carried out either by an automated method or by direct injection.

Article 7. Completion of lethal injection

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2. After the forensic physician has certified that the condemned person has died and upon the order of the President of the Death Penalty Execution Council, the execution officer shall remove the injection needle and tubing from the body of the executed person.

3. The Death Penalty Execution Council shall prepare a record as prescribed by laws confirming that the condemned person has died.

4. Any unused reserve drugs shall be returned for storage in accordance with the laws.

Chapter III

DRUGS, FACILITIES AND EQUIPMENT USED FOR THE EXECUTION OF THE DEATH PENALTY

Article 8. Drugs used for the execution of the death penalty

1. The injection drugs used for the execution of the death penalty include:

a) Drug that induces loss of consciousness;

b) Drug that causes paralysis of the motor system;

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2. 2. A dose consists of three drugs prescribed in clause 1 of this Article and is used for one person.

3. The drugs used for the execution of the death penalty shall be supplied by the Ministry of Health upon the request of the Ministry of Public Security or the Ministry of National Defense.

4. The drugs shall be stored in accordance with storage conditions indicated on the label and instructions of the supplier. The handover of the drugs shall be recorded. The drugs shall be sealed and managed in accordance with the laws.

Article 9. Facilities and equipment used for the execution of the death penalty

1. Facilities for the execution of the death penalty:

According to practical conditions, the Ministry of Public Security and the Ministry of National Defense shall invest in the construction of execution facilities and offices for the Death Penalty Execution Council at Public Security authorities of provinces and cities (hereinafter referred to as province-level Public Security authorities), military regional commands and equivalent military units (hereinafter referred to as military region level) to ensure the execution of executions by lethal injection.

2. Equipment used for the execution of the death penalty includes:

a) A bed equipped with restraints for securing the condemned person;

b) An automatic drug injection machine;

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d) Monitors, cameras, camera recording devices and other equipment for supervising the execution process;

dd) Medical instruments and other modern equipment used for the execution of the death penalty.

Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, MINISTRIES, CENTRAL AUTHORITIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF THE DEATH PENALTY

Section 1. RESPONSIBILITIES OF COMPETENT AUTHORITIES UNDER THE PEOPLE’S PUBLIC SECURITY IN THE EXECUTION OF THE DEATH PENALTY

Article 10. Responsibilities of the criminal judgment execution management authority of the Ministry of Public Security

1. Organize the implementation of laws on the execution of the death penalty.

2. Provide professional guidelines to ensure the uniform application of the laws on the execution of the death penalty by provincial-level criminal judgment enforcement authorities of the Public Security authorities.

3. Cooperate with health authorities in organizing training on death penalty execution procedures for officers and soldiers of People's Public Security authorities who directly participate in carrying out executions.

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5. Summarize the execution of death penalty execution of People's Public Security authorities.

Article 11. Responsibilities of province-level criminal judgment execution management authorities of province-level Public Security authorities

1. Participate in the Death Penalty Execution Council.

2. Assist the Director of the province-level Public Security authority in developing plans, budget estimates and task assignments; organize, mobilize and deploy personnel, equipment and other facilities to ensure the absolute safety of the execution process.

3. Establish a Death Penalty Execution Team responsible for carrying out the execution consisting of a Team Leader, a forensic physician and units for escorting, vein identification, drug preparation, injection activation and injection machine operation.

4. Receive the condemned person from the detention center and escort them to the execution site.

5. Handle procedures for family members or lawful representatives of the executed person to receive the body, ashes or remains for burial in their local area, or for repatriation if the executed person was a foreigner.

6. Carry out procedures for transfer and preservation of the body at a hospital or funeral service provider when the criminal judgment enforcement authority does not have its own storage facility.

7. Complete death registration procedures at the commune-level People's Committee where the execution takes place; organize the burial, prepare a grave-site map and place a grave marker for the executed person; notify the family or lawful representative accordingly.

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9. Report the results of the execution to the criminal judgment execution management authority of the Ministry of Public Security.

10. Prepare, manage and preserve execution records in accordance with the laws.

11. Comply with other laws related to the execution of the death penalty.

Article 12. Responsibilities of commune-level Public Security authorities where the death penalty is carried out and where the burial takes place

1. Participate in maintaining security and public order in the area where the death penalty is carried out and where the executed person is buried.

2. Promptly detect, prevent and handle violations occurring at the execution site and the burial site of the executed person within the area under its jurisdiction.

3. Perform other tasks as directed by the Director of the province-level Public Security authority.

Article 13. Responsibilities of the detention center where the condemned person is being held

1. Prepare necessary conditions and workspace as required by the Death Penalty Execution Council.

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3. Provide food and drink to the condemned person (at a standard equal to five times of the holiday allowance applicable to persons in detention); allow the condemned person to write letters and record messages to their family.

4. Hand over to family members or lawful representative of the executed person all documents, personal belongings, property and money left by the person during detention period (if any).

5. Transfer the records of the executed person in accordance with the laws.

Section 2. RESPONSIBILITIES OF COMPETENT AUTHORITIES UNDER THE PEOPLE’S ARMY IN THE EXECUTION OF THE DEATH PENALTY

Article 14. Responsibilities of the criminal judgment execution management authority of the Ministry of National Defense

1. Organize the implementation of laws on execution of the death penalty within the People's Army.

2. Provide professional guidelines to ensure the uniform application of the laws on the execution of the death penalty by the criminal judgment execution management authority within the People's Army.

3. Organize training on death penalty execution procedures for officers and soldiers who directly participate in carrying out executions within the People's Army.

4. Carry out statistical reporting and other reporting related to death penalty execution in accordance with the laws.

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Article 15. Responsibilities of military region-level criminal judgment execution management authorities

1. Participate in the Death Penalty Execution Council.

2. Assist the Commander of the military region in developing plans, budget estimates and task assignments; organize, mobilize and deploy personnel, equipment and other facilities to ensure the absolute safety of the execution process.

3. Perform tasks prescribed in clauses 3, 4, 5, 6, 7, 8, 10 and 11, Article 11; cooperate in performing tasks in Article 13 of this Decree.

4. Report the results of the execution to the criminal judgment execution management authority of the Ministry of National Defense.

Section 3. RESPONSIBILITIES OF MINISTRIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF THE DEATH PENALTY

Article 16. Responsibilities of the Ministry of Public Security

1. Be accountable to the Government for ensuring the uniform implementation of state management over the execution of the death penalty.

2. Promulgate, or propose competent authorities for promulgation of legislative documents regarding execution of the death penalty by lethal injection.

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4. Direct Public Security authorities to implement the laws on execution of the death penalty.

5. Promulgate legislative documents regarding benefits, allowances and policies for officers and soldiers of the People's Public Security engaging in execution of the death penalty.

6. Develop plans and training programs for officers and soldiers of the People's Public Security assigned to execution of the death penalty.

7. Prepare budget estimates to ensure funding for death penalty execution within the People's Public Security.

8. Direct Public Security authorities at all levels to implement reporting, statistical reporting and summary related to the execution of the death penalty.

9. Summarize, prepare reports and official state statistics on the execution of the death penalty.

Article 17. Responsibilities of the Ministry of National Defense

1. Be responsible for directing and organizing the execution of the death penalty by lethal injection within the People's Army.

2. Promulgate, or propose competent authorities for promulgation of legislative documents regarding execution of the death penalty within the People's Army.

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4. Direct the Military Region Commands, Corps 34, and the Border Guard Command to comply with the laws on the execution of the death penalty.

5. Promulgate legislative documents regarding benefits, allowances and policies for officers and soldiers of People's Army engaging in execution of the death penalty.

6. Develop plans and training programs for officers and soldiers of the People's Army assigned to execution of the death penalty.

7. Prepare budget estimates to ensure funding for death penalty execution within the People's Army.

8. Cooperate with the Ministry of Public Security in implementing reporting, statistical reporting and summary related to the execution of the death penalty.

Article 18. Responsibilities of the Ministry of Health

1. Ensure the supply of drugs used for the execution of the death penalty in accordance with the annual drug procurement plans of the Ministry of Public Security and the Ministry of National Defense; provide guidelines on the storage and use of drugs used for the execution of the death penalty; take charge and cooperate with the Ministry of Public Security and the Ministry of National Defense in promulgating the list of drugs, drug dosages and procedures for the use of drugs in the execution of the death penalty.

2. Direct professional authorities, hospitals and medical training institutions to cooperate with the criminal judgment execution management authority of the Ministry of Public Security and of the Ministry of National Defense in providing technical training on medical procedures related to the execution of the death penalty for officers and soldiers assigned to execution of the death penalty.

3. Direct Departments of Health of provinces and cities to issue health quarantine certificates for the body, ashes or remains of executed persons (if necessary).

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Article 19. Responsibilities of the Ministry of Foreign Affairs

Receive and transmit information to foreign diplomatic missions or consular offices in Vietnam for handling procedures related to a foreigner subject to the death penalty in accordance with clauses 1 and 7, Article 78 of the Law on Execution of Criminal Judgments in 2025.

Article 20. Responsibilities of the Ministry of Finance

1. Carry out customs clearance procedures for the body, ashes or remains of a foreigner who has been executed in accordance with a death sentence.

2. Allocate annual budget estimates for the Ministry of Public Security, the Ministry of National Defense, relevant ministries and authorities to carry out execution of the death penalty by lethal injection.

Article 21. Responsibilities of People’s Committees of provinces and cities

People's Committees of provinces and cities shall allocate annual budget estimates to local departments and authorities to ensure benefits and policies for persons participating in the execution of the death penalty; and shall be responsible for allocating land for the construction of execution facilities, designating burial sites for executed persons, directing commune-level People's Committees and relevant local authorities to cooperate in maintaining security, public order and safety during the execution of the death penalty.

Article 22. Responsibilities of commune-level People’s Committees

1. The commune-level People's Committee where the execution of the death penalty is carried out shall be responsible for maintaining security and public order at the execution site; assigning a representative to witness the execution; completing the death registration procedures for the executed person; cooperating with the province-level criminal judgment execution management authority of the province-level Public Security authority or the military region-level criminal judgment execution management authority in the burial and management of the grave of the executed person.

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Chapter V

IMPLEMENTATION CLAUSE

Article 23. Effect

1. This Decree comes into force from July 01, 2026.

2. Decree No. 43/2020/ND-CP dated April 08, 2020 of the Government on the execution of the death penalty by lethal injection; and Article 13 of Decree No. 184/2025/ND-CP dated July 01, 2025 of the Government on jurisdiction of 02-level local government and amendments to some articles of Decrees of the Government regarding security and order cease to be effective from the effective date of this Decree.

3. For death penalty execution decisions that have already been effect but have not yet been carried out by the time this Decree comes into force, such decisions shall comply with this Decree.

In cases where legislative documents prescribed in this Decree are amended, supplemented or replaced or new documents are issued, the newer documents shall prevail.

Article 24. Implementation

1. The Minister of Public Security and Minister of National Defense shall organize the implementation, provide guidelines and inspect the implementation of this Decree within the assigned scope, tasks and powers.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Gia Tuc