Vietnam Adopts Criminal Procedure Code, Human Rights May Be Enhanced

Parliament Ba Dinh meeting hall

Parliament Ba Dinh meeting hall

by Vu Quoc Ngu, Nov 30, 2015

Vietnam’s legislative body National Assembly (NA) on Nov. 26 passed the Criminal Procedure Code with a number of supplements which may help the country enhance its human right situation.

Accordingly, the bill will respect the right to remain silent despite strong objection of representatives from the Ministry of Public Security. Detainees have their right to have legal assistance of lawyers before making any statement.

The bill also requires audio and video recording during interrogation which may help halting coerced confession by torture and other cruel treatments by police investigators. The parliament requested the Ministry of Public Security to install equipment for audio and video recording in all interrogation facilities nationwide and implement the procedure on Jan. 1, 2019 as latest.

The detainees can still conduct votes in general and local elections as well as referenda, the bill said.

The detention facilities have to be independent from the police investigation agencies, it said.

The communist-controlled parliament also adopted the Penal Code which has minor differences compared to the older version issued in 2003. The bill maintains controversial articles with severe punishments against government critics and human rights activists.

It is unclear whether the amendments regarding human rights improvement will be realized because Vietnam’s police forces have not always respected laws, said Hanoi-based observers.