What is Article 331 of Vietnam’s penal code, how has its enforcement evolved since its inception, and what impact has it

What is Article 331?

Article 331 of Vietnam’s 2015 Criminal Code is officially about “abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens” [5]. In plain terms, it makes it a crime—punishable by up to seven years in prison—to use free‑speech rights in a way the government decides harms state interests [6][7][8].

How has enforcement evolved since the law took effect?

The 2015 Criminal Code replaced an older provision, Article 258. With the shift, enforcement jumped dramatically:

• Under the old Article 258 (2011‑2017), only 28 people were convicted and imprisoned for similar offenses [10][16].
• By early 2021, 23 people had already been charged under Article 331, and 15 had been convicted [2].
• Between 2018 and February 2025, at least 124 people were convicted and sentenced to harsh prison terms under Article 331 [4][9]. That’s more than four times the number convicted in the whole previous six‑year period [16].

The numbers show a clear escalation: the new law is being used more often and more aggressively than its predecessor [10][11].

How has expanded use under To Lam affected activists and ordinary citizens?

Rights groups report that under the leadership of To Lam, the scope of Article 331 has been widened well beyond prominent dissidents:

• Authorities now “enlarged the scope and application” of the law so it reaches ordinary people who simply voice grievances against local or national officials [11][14].
• The law is described as a tool used to “routinely weaponize criminal law” in order to quash dissent [14].
• In 2025 alone, The 88 Project documented 56 arrests of activists and dissidents—the third straight year of increases and twice the number from 2022 [13].

One concrete example: three men who ran the YouTube channel “Nguoi Da Tin” (The Messenger) were arrested under Article 331 [15]. The law is consistently used not only to silence well‑known activists but also to frighten everyday people into silence [1][12].

In short, under To Lam the net has been thrown wider: where it once focused on a small circle of high‑profile activists, it now catches anyone who speaks out, creating a chilling effect far deeper inside society [11][14].