Vietnamese Laws Pertaining to Torture and Human Rights
A selection of Vietnamese laws regarding torture, detention and imprisonment, criminal procedure, policing, and prisoners of conscience (Circular 37).
Constitution of the Socialist Republic of Vietnam (2013)
2015 Criminal Code (No. 100/2015/QH13)
1999 Criminal Code (No. 15/1999/QH10)
2015 Criminal Procedure Code (No. 101/2015/QH13)
2010 Law on Execution of Criminal Judgments (No. 53/2010/QH12)
2011 Law on Complaints (No. 02/2011/QH13)
2011 Law on Denunciations (No. 03/2011/QH1)
2015 Law on Enforcement of Custody and Temporary Detention (No. 94/2015/QH13)
2011 Ministry of Public Security Circular 37 (English) (Vietnamese)
Detailing Classification and Incarceration of Inmates according to Categories, No. 37/2011/TT-BCA, June 3, 2011
Circular 37 serves as the legal basis for harsh and discriminatory treatment of prisoners of conscience, including prolonged solitary confinement, punitive prison transfers, and restrictions on correspondence and family visits.
2018 Ministry of Public Security Circular No. 07/2018/TT-BCA
Providing regulations regarding prisoners’ visits with their relatives, sending and receiving mail, receiving money and objects, and contacting their relatives by telephone, February 12, 2018 (in Vietnamese)
2017 Decree No. 97/2017/ND-CP
Detailing a number of measures to implement the Law on Handling Administrative Violations, August 18, 2017 (in Vietnamese)
2012 Ministry of Public Security Circular No. 39/2012/TT-BCA
On managing and detaining death row inmates (in Vietnamese)
2016 Ministry of Public Security Circular No. 13/22016/TT-BCA
Protection of Trials by People’s Public Security Forces
2005 Decree No. 38/2005 /ND-CP
Promulgating a Number of Measures to Guarantee the Public Order, March 18, 2005
Prohibits gatherings outside state agencies and public buildings and bans all protests deemed to “interfere with the activities” of CPV leaders and state organs.
2005 Ministry of Public Security Circular No. 09/2005/TT-BCA
Guiding the implementation of Decree No. 38/2005/ND-CP of March 18, 2005
Prohibits gatherings of more than five people without obtaining prior permission from the authorities.