Decree No. 203/2026/NĐ-CP on the Implementation of Capital Punishment by Lethal Injection

 

 

DECREE

Regulations on the Execution of Capital Punishment by Lethal Injection

 

Pursuant to the Law on the Organization of the Government No. 63/2025/QH15 amended and supplemented by Law No. 137/2025/QH15;

Pursuant to the Criminal Enforcement Law No. 127/2025/QH15;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree on regulations concerning the execution of capital punishment by lethal injection.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Decree stipulates the procedures for carrying out lethal injection; the drugs, facilities, equipment, and means used in the execution of capital punishment; the responsibilities of agencies, organizations, and individuals involved in the execution of capital punishment; funeral expenses for those executed and policies for individuals participating in the execution of capital punishment by lethal injection.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals involved in the execution of capital punishment, and those sentenced to death.

Article 3. Policies and benefits for individuals participating in the execution of capital punishment

1. Members of the Execution Team shall be entitled to a subsistence allowance equal to three times the base salary for each person executed and ten days of recuperative leave according to the general regulations on recuperative leave for People's Police and People's Army officers.

2. Members of the Execution Council, secretaries of the Execution Council, prison guards, audio and video recorders, photographers, interpreters, fingerprinters, embalmers, corpse handlers, and cremation or burial personnel shall be entitled to a subsistence allowance equal to one time the base salary for each person executed.

3. Individuals ensuring security and order; representatives of village-level People's Committees; investigators shall be entitled to a subsistence allowance equal to half the base salary for each person executed.

Article 4. Funeral Expenses

Funeral expenses for those executed include: one ordinary wooden coffin, one set of long-sleeved clothes, one set of underclothes, four sheets of shrouding cloth, incense, candles, alcohol, and spirits for hygiene purposes when embalming the body, and other funeral expenses consistent with local customs.2 cloth for wrapping the body, incense, candles, alcohol, spirits for cleaning purposes when wrapping the deceased's body and other funeral expenses consistent with local customs.

 

Chapter II

PROCEDURE FOR CARRYING OUT LEthal INJECTION

 

Article 5. Preparation of Conditions Before Administering Lethal Injection

1. The execution of capital punishment must comply with the provisions of Clauses 2, 3, and 4 of Article 77 of the Criminal Enforcement Law 2025; the provisions of this Decree, and other relevant laws.

2. Drugs used for the execution of capital punishment must be inspected, unsealed, and documented by the Execution Council in accordance with the prescribed procedures.

3. The condemned individual must be secured to the bed in a supine position to ensure that blood circulation is not impeded.

Article 6. Administration of Lethal Injection

The enforcement officer directly responsible for executing capital punishment shall be responsible for implementing the following steps:

1. Receiving three doses of drugs from the Execution Council (including two backup doses).

2. Identifying the vein of the condemned individual for administering the lethal injection; if the vein cannot be identified, report to the Chairman of the Execution Council to request medical staff assistance in identifying the vein.

3. Inserting the needle into the identified vein and connecting it to the tubing attached to the drug injection machine according to the following procedure:

Step 1: Injecting the drug to induce loss of consciousness;

After completing the injection, the specialized enforcement officer must check if the condemned individual has lost consciousness; if not, continue injecting until they lose consciousness.

Step 2: Injecting the drug to paralyze motor functions;

Step 3: Injecting the drug to stop heart function.

4. Monitoring the heart activity of the condemned individual through an electrocardiogram machine. If the condemned individual has not died ten minutes after the first dose, the inspector must report to the Chairman of the Execution Council to order the second dose.

If the condemned individual has not died ten minutes after the second dose, the inspector must report to the Chairman of the Execution Council to order the third dose.

If the condemned individual has not died ten minutes after the third dose, the Head of the Execution Team must report to the Chairman of the Execution Council to decide to temporarily halt the execution of capital punishment.

5. The implementation of the injection steps as stipulated in Clauses 3 and 4 may be carried out either automatically or manually.

Article 7. Completion of Lethal Injection

1. Upon the order of the Chairman of the Capital Punishment Enforcement Council, the forensic doctor shall conduct an examination to determine the condition of the person who has been executed and report the results to the Capital Punishment Enforcement Council.

2. After the forensic doctor concludes that the person who has been executed is dead, upon the order of the Chairman of the Capital Punishment Enforcement Council, the capital punishment enforcement officer shall remove the injection needle and tubing from the body of the person who has been executed.

3. The Capital Punishment Enforcement Council shall record the fact that the person sentenced to death has died in accordance with the prescribed regulations.

4. Any unused preventive drugs shall be handed over for storage in accordance with the regulations by the capital punishment enforcement officer.

 

Chapter III

INJECTABLE DRUGS, INFRASTRUCTURE, EQUIPMENT AND MEANS FOR CAPITAL PUNISHMENT ENFORCEMENT
MEANS FOR ENFORCING CAPITAL PUNISHMENTS

 

Article 8. Drugs Used for Capital Punishment Enforcement

1. Injectable drugs used for capital punishment enforcement include:

a) Anesthetic drugs;

b) Paralyzing drugs;

c) Cardiac arrest drugs.

2. A dose consists of three types of drugs specified in Clause 1 of this Article and is used for one person.

3. Drugs used for capital punishment enforcement shall be provided by the Ministry of Health upon the request of the Ministry of Public Security and the Ministry of National Defense.

4. Drugs shall be stored according to the conditions indicated on the drug dosage label and the instructions of the supplier. The handover of drugs must be recorded in a transfer receipt; sealed and strictly managed in accordance with the provisions of the law.

Article 9. Infrastructure and Equipment, Means for Capital Punishment Enforcement

1. Infrastructure ensuring service for capital punishment enforcement:

The Ministry of Public Security and the Ministry of National Defense shall invest in building execution houses and working rooms of the Capital Punishment Enforcement Council at provincial-level public security agencies (hereinafter referred to as provincial-level public security agencies) and military units equivalent to military regions (hereinafter referred to as military region level) based on actual circumstances to ensure service for capital punishment enforcement by lethal injection.

2. Equipment and means serving for capital punishment enforcement include:

a) A bed with straps to secure the person being executed;

b) Automatic drug injection machine;

c) Electrocardiogram monitoring machine;

d) Screen, camera, video recorder, and other monitoring and inspection equipment for the execution process;

đ) Other medical tools and modern equipment serving for capital punishment enforcement.

 

Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, MINISTRIES, SECTORS AND PEOPLE'S COMMITTEES AT ALL LEVELS IN CAPITAL PUNISHMENT ENFORCEMENT
AND PEOPLE'S COUNCILS AT ALL LEVELS IN ENFORCING CAPITAL PUNISHMENTS

 

Section 1

RESPONSIBILITIES OF THE AUTHORIZED AUTHORITIES
RESPONSIBILITIES OF AUTHORITIES WITH JURISDICTION BELONGING TO THE PUBLIC SECURITY FORCE IN CAPITAL PUNISHMENT ENFORCEMENT

 

Article 10. Responsibilities of the Criminal Enforcement Management Agency under the Ministry of Public Security

1. Organizing the implementation of laws on capital punishment enforcement.

2. Directing operations, guiding the uniform application of legal provisions on capital punishment enforcement for criminal enforcement agencies at the provincial public security level.

3. Coordinating with health authorities to organize training and instruction on capital punishment enforcement for officers and soldiers directly involved in capital punishment enforcement within the public security force.

4. Implementing statistical and reporting systems on capital punishment enforcement work as prescribed.

5. Summarizing the capital punishment enforcement work of the public security force.

Article 11. Responsibilities of the Criminal Enforcement Agency of the Provincial Public Security Organs

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Director of the Provincial Public Security Organs in developing plans, schemes, budget estimates, and assigning tasks, organizing, mobilizing, deploying personnel, equipment, and other material resources to ensure absolute safety for the execution of capital punishment.

3. Establish a Capital Punishment Execution Team to carry out the execution of capital punishment, including a Team Leader, forensic doctor, and groups responsible for escorting, locating veins, mixing drugs, pressing buttons, and controlling the drug injection machine.

4. Receive individuals subject to capital punishment handed over by temporary detention centers for escort to the location of capital punishment execution.

5. Implement procedures to allow the family or lawful representative of the individual subject to capital punishment to receive the body, ashes, and remains of the executed individual for burial at their place of origin; repatriation for burial if the executed individual is a foreign national.

6. Process the transfer of the body for preservation at a hospital or funeral company when the criminal enforcement agency does not have a storage facility.

7. Process death registration with the People's Committee of the commune where capital punishment was carried out; organize burial, draw a grave map, and place a tombstone on the grave of the executed individual; notify the family or their lawful representative.

8. Coordinate with diplomatic, border defense, health, and related agencies to process the removal of the body, ashes, and remains from Vietnam if the executed individual is a foreign national.

9. Report the results of capital punishment execution to the Management Agency of Criminal Enforcement of the Ministry of Public Security.

10. Establish, manage, retain, and preserve the execution records of capital punishment in accordance with regulations.

11. Implement other provisions regarding capital punishment execution as prescribed by law.

Article 12. Responsibilities of the Police Station in the Commune Where Capital Punishment Is Carried Out and Burial Takes Place

1. Participate in ensuring security and public order in the area where capital punishment is carried out and burial takes place.

2. Timely detect, prevent, and handle violations of the law occurring in the area where capital punishment is carried out and burial takes place within the jurisdiction.

3. Perform other tasks as directed by the Director of the Provincial Public Security Organs.

Article 13. Responsibilities of the Temporary Detention Center Holding Individuals Sentenced to Capital Punishment

1. Prepare conditions and work locations according to the requirements of the Execution Board for Capital Punishment.

2. Hand over individuals carrying out capital punishment to the Capital Punishment Execution Team upon the request of the Execution Board for Capital Punishment.

3. Organize meals and drinks for individuals carrying out capital punishment (equivalent to five times the standard for holidays and festivals for detained individuals), writing letters, and recording messages to be sent to their families.

4. Hand over all documents, belongings, assets, and money left by the executed individual during detention to their family or lawful representative (if applicable).

5. Hand over the records of the executed individual in accordance with regulations.

 

Section 2

RESPONSIBILITIES OF THE AUTHORIZED AUTHORITIES
MILITARY FORCES IN THE EXECUTION OF CAPITAL PUNISHMENT

 

Article 14. Responsibilities of the Criminal Enforcement Management Agency under the Ministry of National Defense

1. Organize the implementation of laws on the enforcement of capital punishment in the People's Army.

2. Direct operations, guide the uniform application of legal provisions on the enforcement of capital punishment for criminal enforcement agencies within the People's Army.

3. Organize training and instruction on the enforcement of capital punishment for officers and soldiers directly involved in enforcing capital punishment in the People's Army.

4. Implementing statistical and reporting systems on capital punishment enforcement work as prescribed.

5. Summarize the work of enforcing capital punishment in the People's Army.

Article 15. Responsibilities of the Criminal Enforcement Agencies at Military Region Level

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Commander of the Military Region in developing plans, schemes, budget estimates, task assignments, organization, mobilization, deployment of forces, equipment, and other material resources to ensure absolute safety for the enforcement of capital punishment.

3. Carry out the tasks specified in Clauses 3, 4, 5, 6, 7, 8, 10, and 11 of Article 11 and coordinate to implement the provisions of Article 13 of this Decree.

4. Report the results of enforcing capital punishment to the Criminal Enforcement Management Agency under the Ministry of National Defense.

 

Section 3

RESPONSIBILITIES OF MINISTRIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN THE ENFORCEMENT OF CAPITAL PUNISHMENT
1. Bear responsibility before the Government for the unified state management of the enforcement of capital punishment.

 

Article 16. Responsibilities of the Ministry of Public Security

2. Issue or submit to competent authorities for issuance of normative legal documents detailing the enforcement of capital punishment by lethal injection.

3. Coordinate with the Ministry of National Defense in the work of enforcing capital punishment by lethal injection.

4. Direct public security units and localities to comply with legal regulations on the enforcement of capital punishment.

5. Issue normative legal documents stipulating the implementation of policies and benefits for public security officers and soldiers performing capital punishment duties.

6. Develop plans and programs for training and instruction for public security officers and soldiers performing capital punishment duties.

7. Prepare budget estimates to ensure funding for the enforcement of capital punishment in the Public Security Force.

8. Direct public security agencies at all levels to implement reporting, statistical, and summarizing systems regarding the enforcement of capital punishment.

9. Summarize, report, and statistically compile national data on the enforcement of capital punishment.

Article 17. Responsibilities of the Ministry of National Defense

1. Bear responsibility for directing and organizing the enforcement of capital punishment by lethal injection in the People's Army.

2. Issue or submit to competent authorities for issuance of normative legal documents on the enforcement of capital punishment in the People's Army.

3. Coordinate with the Ministry of Public Security to ensure the enforcement of capital punishment for those sentenced to death under the management of the Ministry of National Defense.

4. Direct the Military Region Commanders, the 34th Corps, and the Border Guard Command to comply with legal regulations on the enforcement of capital punishment.

5. Issue normative legal documents stipulating the implementation of policies and benefits for officers and soldiers of the People's Army performing capital punishment duties.

6. Develop plans and programs for training and instruction for officers and soldiers of the People's Army performing capital punishment duties.

7. Prepare budget estimates to ensure funding for the enforcement of capital punishment in the People's Army.

8. Coordinate with the Ministry of Public Security in reporting, statistical, and summarizing work related to the enforcement of capital punishment.

8. Coordinate with the Ministry of Public Security in reporting, statistics, and summarizing the work of enforcing capital punishments.

Article 18. Responsibilities of the Ministry of Health

1. Ensuring the supply of drugs for the execution of capital punishment according to the annual drug planning forecast of the Ministry of Public Security and the Ministry of National Defense; guiding the storage and use of drugs for the execution of capital punishment; taking the lead in coordinating with the Ministry of Public Security and the Ministry of National Defense to issue a list of drugs, dosage of drugs used, and procedures for using drugs for the execution of capital punishment.

2. Directing relevant agencies, hospitals, and medical training institutions to cooperate with the Criminal Enforcement Management Agency of the Ministry of Public Security and the Criminal Enforcement Management Agency of the Ministry of National Defense to train and instruct technical skills related to the execution of capital punishment for officers and soldiers responsible for executing capital punishment.

3. Directing provincial and centrally-administered city health departments to issue health quarantine certificates for corpses, ashes, and bones of individuals who have been executed (if necessary).

4. Directing hospitals under the health sector: dispatching medical staff to assist execution officers in identifying veins when necessary at the request of the Chairman of the Capital Punishment Execution Board; receiving and storing corpses of individuals who have been executed transferred by criminal enforcement agencies.

Article 19. Responsibilities of the Ministry of Foreign Affairs

Receiving and transferring information to diplomatic or consular agencies of foreign countries in Vietnam to handle related procedures for foreign nationals subject to capital punishment as stipulated in Clause 1 and 7, Article 78 of the Criminal Enforcement Law 2025.

Article 20. Responsibilities of the Ministry of Finance

1. Processing customs clearance procedures for corpses, ashes, and bones of foreign nationals who have been executed.

2. Allocating budget estimates annually for the Ministry of Public Security, the Ministry of National Defense, and related ministries and sectors to implement capital punishment by lethal injection.

Article 21. Responsibilities of Provincial People's Committees and Centrally-Administered City People's Committees

Provincial People's Committees and Centrally-Administered City People's Committees allocate annual budgets for local departments and agencies to ensure benefits and policies for individuals participating in the execution of capital punishment and are responsible for allocating land for the establishment of execution sites and designating burial places for individuals who have been executed; directing district-level People's Committees and related local agencies to coordinate in ensuring security, order, and safety during the execution of capital punishment.

Article 22. Responsibilities of District-Level People's Committees

1. The district-level People's Committee where the capital punishment is organized is responsible for ensuring security and order at the execution site; appointing representatives to witness the execution; carrying out death registration procedures for individuals who have been executed; coordinating with the Criminal Enforcement Agency of the provincial public security department or the Criminal Enforcement Agency of the military region in matters of burial and management of graves of individuals who have been executed.

2. The district-level People's Committee where the family or legal representative of an individual who has been executed receives the corpse, ashes, or bones of that individual for burial is responsible for ensuring security, order, and environmental hygiene.

 

Chapter V

IMPLEMENTING PROVISIONS

 

Article 23. Effectiveness of Implementation

1. This Decree shall take effect from July 1, 2026.

2. Decree No. 43/2020/NĐ-CP dated April 8, 2020 of the Government on the execution of capital punishment by lethal injection and Article 13 of Decree No. 184/2025/NĐ-CP dated July 1, 2025 of the Government on the authority of local administrative bodies at two levels and amendments and supplements to certain articles of Government decrees in the field of security and order shall cease to be effective from the date this Decree takes effect.

3. For court decisions on capital punishment that have taken legal effect but have not yet been carried out by the time this Decree takes effect, the provisions of this Decree shall apply.

In cases where legal normative documents cited in this Decree are amended, supplemented, replaced, or newly issued, the contents related to this Decree shall also be changed accordingly.

Article 24. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense within their assigned functions, tasks, and powers are responsible for organizing the implementation and guiding and inspecting the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies and organizations shall be responsible for implementing this Decree.