CAT/C/VNM/CO/1

(k)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, on 20 December 2001;
(l)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, on 20 December 2001;
(m)
(n)
June 2012;

The United Nations Convention against Corruption, on 19 August 2009;
The United Nations Convention against Transnational Organized Crime, on 8

(o)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, on 8 June 2012;
(p)

The Convention on the Rights of Persons with Disabilities, on 5 February

2015.
4.
The Committee also welcomes the State party’s initiatives to revise its legislation in
areas of relevance to the Convention, including the adoption of:
(a)
The Law on Human Trafficking, which explicitly prohibits forced labour and
sexual exploitation, in 2011;
(b)
The amendment to the Law on Vietnamese Nationality, which facilitates the
acquisition of Vietnamese nationality by refugees and stateless persons, in 2014;
(c)
The amendment to the Law on Enforcement of Custody and Temporary
Detention, which provides, inter alia, for the right to family visits and legal assistance, in
particular during police investigations, in 2015;
(d)
The amendment to the Law on Legal Aid, which expanded the list of
beneficiaries of legal aid, in 2017;
(e)
Amendments to the Criminal Code and the Criminal Procedure Code that,
inter alia, provide for the right to access to counsel at all stages of criminal proceedings,
broaden eligibility for free legal counsel and introduce video and audio recording for
interrogations of accused persons by investigation authorities on official premises, in 2015,
with entry into force on 1 January 2018.
5.
The Committee also welcomes the initiatives of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)

The National Action Plan on Human Trafficking (2011–2015);

(b)
The project on the popularization by the Ministry of Justice of the
Convention and the organization of training courses for staff in charge of the dissemination
of laws and education related to human rights in general, and the right not to be subjected to
torture in particular, in 2015;
(c)
The establishment of family and juvenile tribunals in Ho Chi Minh City and
in Dong Thap Province under the 2014 Law on the Organization of People’s Courts (arts.
30, 38 and 45), in 2016;
(d)
The dissemination, by the Ministry of Information and Communication, of
information on the Convention at workshops and conferences organized by the Ministry of
Foreign Affairs in 2014 and by the Ministry of Public Security in 2016.

C.

Principal subjects of concern and recommendations
Definition and criminalization of torture in national legislation
6.
While noting that the right not to be subjected to torture and other offences, such as
inflicting corporal punishment and obtaining testimony by duress, that amount to torture is
enshrined in the Constitution and other domestic laws, the Committee is concerned that the
State party’s criminal legislation, and in particular the amended Criminal Code, do not
criminalize torture in a separate provision specifically prohibiting this crime. It is also

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