Vietnam Parliament to Keep National Security Provisions in Penal Code

by Defend the Defenders, February 21, 2017

It is likely that Vietnam’s highest legislative body, the National Assembly (NA), will keep controversial “national security” provisions in the Penal Code although many foreign countries and international human rights organizations have called for their repeal.

The Vietnamese government has used inter alia Articles 49, 87, 88, 258 of the Penal Code adopted by the Parliament in 1999 to silent local political dissidents, social activists and human rights defenders.

In 2015, the Parliament adopted the amended Penal Code but retained these provisions. It simply named them differently from the 1999 Penal Code. However, Vietnam suspended its implementation due to 90 “technical errors.”

On Monday, February 20, the National Assembly’s Standing Committee discussed the draft law on the amendments and supplements to the Penal Code. It did not discuss national security provisions. Instead, it tackled other, less sensitive issues.

State media reported that the committee disagreed with a congressional vote which would mean that juveniles are fully subject to criminal charges for rape, deliberately injuring people or kidnapping. Article 12 of the 2015 Penal Code regulated that any person from 14 to 16, while still legally a child, would be held responsible for criminal charges for a list of crimes, including rape, deliberately injuring people, or kidnapping.

Chief Justice of the Supreme People’s Procuracy Le Minh Tri said that the government wanted to narrow down the crime level to which juveniles are subject to criminal charges, making it so they only face prison terms if their crimes are grave.

Children Chairman Phan Thanh Binh of the National Assembly’s Committee for Culture, Education, Youth, and Adolescents said that those under 16 were considered children according to the Child Law.

Nguyen Khac Dinh, a member of the National Assembly’s Committee for Legal Affairs, suggested that the issue should be brought to the parliament for voting.

Hundreds of Vietnamese activists have been charged with national security provisions under the Penal Code and given long-term prison sentences. According to Amnesty International, Vietnam is holding at least 112 prisoners of conscience, who bravely exercised their basic rights of freedom of expression and assembly.