Death Penalty Worldwide

Vietnam

Last updated on May 23, 2014

General

Official Country Name

Socialist Republic of Vietnam (Vietnam, Viet Nam). [1]

Geographical Region

Asia (South-eastern Asia). [2]

Death Penalty Law Status

Retentionist. [3]

Methods of Execution

Shooting.
For many years, the method of execution was shooting by firing squad. [4] According to older reports, the prisoner is tied to a wooden post and has his mouth stuffed with lemons. A firing squad of five to seven people is called in. As the prisoner is dying, an officer fires a pistol shot through the condemned’s ear. [5]

Vietnam’s National Assembly voted in June 2010 to replace shooting with lethal injection, [6] which was considered a more humane method of execution. [7] The law was scheduled to take effect on July 1, 2011. [8] Due to a shortage of the necessary drugs, the National Assembly may still be considering a return to shooting as the method of execution. [9]

Lethal Injection.
In June 2010, Vietnam's National Assembly passed the Law on Execution of Criminal Judgments, which was to replace firing squads with lethal injections. [10] Decree 82/2011 regulated the drugs to be used in executions and adopted a 3-drug protocol of sodium thiopental (an anesthetic), pancuronium bromide (a paralyzing agent) and potassium chloride (which stops the heart). [11] The law was scheduled to take effect on July 1, 2011. [12] Its implementation, however, was postponed several times because the government could not import the necessary drugs following an export trade ban by the European Union. [13] In May 2013, the government issued Decree 47/2013 to allow the use of “domestic poisons” in lethal injection executions beginning in June 2013. [14] The first execution by lethal injection was carried out on August 6, 2013. [15] We found no information on the domestically-produced drugs that were used, or their quality, reliability or effects.

The National Assembly may still be considering a return to shooting as the method of execution in order to circumvent the difficulties in obtaining lethal drugs and relieve the pressure of holding hundreds of death row inmates in prison. [16]

References

[1] BBC, Country Profiles: Vietnam Profile, http://www.bbc.co.uk/news/world-asia-pacific-16567834, May 23, 2013.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, http://unstats.un.org/unsd/methods/m49/m49regin.htm, Oct. 31, 2013.
[3] Amnesty Intl., Death sentences and executions in 2013, p. 28, ACT 50/001/2014, Mar. 26, 2014.
[4] Vietnam Criminal Procedure Code, art. 259(3), Law Law No. 19/2003/QH11, Nov. 26, 2003.
[5] Intl. Federation Human Rights & Vietnam Committee on Human Rights, Memorandum on the Situation of Human Rights in the Socialist Republic of Vietnam, p. 5, Nov. 16, 2003. Patrick Winn, Vietnam is sentencing corrupt bankers to death, by firing squad, Global Post, http://www.globalpost.com/dispatch/news/regions/asia-pacific/vietnam/140402/vietnam-s-solution-corrupt-bankers-firing-squads, Apr. 3, 2014.
[6] Vietnam Law on Execution of Criminal Judgments, art. 59(1), Law No. 53/2010/QH12, Jun. 17, 2010.
[7] News Daily, Vietnam mulls resumption of firing squads, http://www.newsdaily.com/world/dd76a7d6049e58f18898696386dcce53/vietnam-mulls-resumption-of-firing-squads, Nov. 8, 2013.
[8] Vietnam Law on Execution of Criminal Judgments, art. 181(1), Law No. 53/2010/QH12, Jun. 17, 2010.
[9] Vu Trong Khanh & Nguyen Anh Thu, Vietnam May Return to Firing Squads As Amid Shortage of Lethal Chemicals, The Wall Street Journal, http://online.wsj.com/news/articles/SB10001424127887323971204578627580713971870, Jul. 25, 2013. Associated Press, Vietnam mulls resumption of firing squads, http://www.newsdaily.com/world/dd76a7d6049e58f18898696386dcce53/vietnam-mulls-resumption-of-firing-squads, Nov. 8, 2013.
[10] Tuoi Tre News, Locally-made poison to be used for execution, http://tuoitrenews.vn/society/9625/locallymade-poison-to-be-used-for-execution, May 15, 2013.
[11] Decree on Execution by Lethal Injection, art. 6(1), Decree No. No. 82/2011/ND-CP, Sep. 16, 2011.
[12] Vietnam Law on Execution of Criminal Judgments, art. 59(1), 181(1), Law No. 53/2010/QH12, Jun. 17, 2010. Hindustan Times, Vietnam to use lethal injections for death penalty, http://www.hindustantimes.com/world-news/vietnam-to-use-lethal-injections-for-death-penalty/article1-559522.aspx, Jun. 18, 2010.
[13] Amnesty Intl., Death Sentences and Executions 2011, ACT 50/001/2012, p. 28, Mar. 27, 2012.
[14] Tuoi Tre News, Justice ministry propounds reduction of death penalty, http://tuoitrenews.vn/society/18932/justice-ministry-proposes-reduction-of-death-penalty, Apr. 10, 2014. BBC News, Vietnam to produce own poison for executions, www.bbc.co.uk/news/world-asia-21163508, Jan. 23, 2013.
[15] Tuoi Tre News, Justice ministry propounds reduction of death penalty, http://tuoitrenews.vn/society/18932/justice-ministry-proposes-reduction-of-death-penalty, Apr. 10, 2014.
[16] Vu Trong Khanh & Nguyen Anh Thu, Vietnam May Return to Firing Squads As Amid Shortage of Lethal Chemicals, The Wall Street Journal, http://online.wsj.com/news/articles/SB10001424127887323971204578627580713971870, Jul. 25, 2013. Associated Press, Vietnam mulls resumption of firing squads, http://www.newsdaily.com/world/dd76a7d6049e58f18898696386dcce53/vietnam-mulls-resumption-of-firing-squads, Nov. 8, 2013.

Country Details

Language(s)

Vietnamese. [1]

Population

89.7 million (UN, 2012). [2]

Number of Individuals Currently Under Sentence of Death

There were 678 prisoners on death row in November 2013 according to the Minister of Public Security. [3]

Annual Number of Reported Executions

Executions in 2014 to date (last updated on October 20, 2014)

1. [4] (This is the number of executions reported in the media. Because of the secrecy surrounding capital punishment, we are not able to offer a reliable estimate.)

Executions in 2013

At least 7. [5]

Per capita execution rate in 2013

1 execution per 45,000,000 persons.

Executions in 2012

0. [6]

Per capita execution rate in 2012

0 executions.

Executions in 2011

At least 5. [7]

Per capita execution rate in 2011

1 execution per 17,940,000 persons.

Executions in 2010

At least 1. Amnesty International believes that executions occurred in Vietnam, but does not report a specific number of confirmed executions. [8] Executions remained a state secret, [9] and we did not find reports on specific executions in 2010.

Executions in 2009

At least 9 [10]

Executions in 2008

At least 19. [11]

Executions in 2007

At least 25. [12]

Year of Last Known Execution

2014. [13]

References

[1] BBC, Country Profiles: Vietnam Profile, http://www.bbc.co.uk/news/world-asia-pacific-16567834, May 23, 2013.
[2] BBC, Country Profiles: Vietnam Profile, http://www.bbc.co.uk/news/world-asia-pacific-16567834, May 23, 2013.
[3] Amnesty Intl., Death Sentences and Executions 2013, ACT 50/001/2013, Mar. 26, 2014.
[4] Ha An, Vietnam executes high profile murderer, Thanh Nien News, http://www.thanhniennews.com/society/vietnam-executes-highprofile-murderer-28973.html, Jul. 23, 2014.
[5] Amnesty Intl., Death Sentences and Executions in 2013, p. 50, ACT 50/001/2014, Mar. 26, 2014.
[6] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[7] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[8] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[9] United Kingdom Foreign and Commonwealth Office, Human Rights and Democracy: The 2010 Foreign and Commonwealth Office Report, p. 335, March 2011
[10] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[11] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. 24, 2009.
[12] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. 15, 2008.
[13] Ha An, Vietnam executes high profile murderer, Thanh Nien News, http://www.thanhniennews.com/society/vietnam-executes-highprofile-murderer-28973.html, Jul. 23, 2014.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
Murder of more than one victim, murder of pregnant women, children, family members or public officials, and murder committed in a particularly cruel way are all punishable by death. [1] A person who murders someone before or after committing another serious crime, or murders to commit or conceal other crimes, is subject to the death penalty. [2] Murdering another person to take the victim’s organs or with “despicable motivation” is punishable by death. [3] Carrying out a murder for another person or hiring someone to murder another person are also punishable by death. [4]

Other Offenses Resulting in Death.
Causing the death of the victim through rape is punishable by death. [5] A person who causes the death of the victim through robbery is subject to the death penalty. [6]

Terrorism-Related Offenses Not Resulting in Death.
A person who intends to oppose the people’s administration and infringe upon the life of officials, public employees or citizens is punishable by death. [7] A person who organizes or actively participates in armed activities, murder, or destruction of property with the intention of opposing the people’s administration, thereby causing “serious consequences,” is subject to the death penalty. [8] A person who destroys communications or transport facilities “in an organized manner,” or with “particularly serious consequences,” or in a context of “dangerous recidivism,” is punishable by death. [9]

Rape of Child Not Resulting in Death.
Gang raping a child, raping a child more than once, or raping multiple children is punishable by death. [10] Causing serious harm to a child’s health through rape, knowingly raping a child while infected with HIV, or raping a child, thereby causing the child to commit suicide, is also punishable by death. [11] Having sexual intercourse with children under the age of 13, which is considered rape, is a death-eligible offense. [12]

Robbery Not Resulting in Death.
Aggravated robbery is punishable by death. Robbery which causes a serious injury to the victim or results in the plundering of property above a certain value (fifty million to two hundred million dong) are punishable by death. [13] More generally, any robbery that results in “particularly serious” consequences is a death-eligible offense. [14]

Drug Trafficking Not Resulting in Death.
Illegally producing, stockpiling, transporting, or trading drugs over a specified amount (for instance, quantities of heroin or cocaine over one hundred grams), is punishable by death. [15]

Economic Crimes Not Resulting in Death.
Capital punishment may be applied for embezzlement if the appropriated property is valued above a certain amount (five hundred million dong or more), or if the crime caused other “particularly serious” consequences. [16] Receiving bribes above a certain amount (three hundred million dong or more), or causing “particularly serious” consequences, is also punishable by death [17]

Treason.
Acting in collusion with a foreign country to harm the regime or the State, [18] conducting armed activities with a view to opposing the government [19] and participating in banditry activities to support such armed activities, [20] and sabotaging the material and technical foundations of the country [21] are all punishable by death.

More generally, organizers and participants of activities aimed at “overthrowing the people’s administration” are subject to the death penalty. [22] The language of this provision is broad enough to cover acts of non-violent dissent. There have been concerns that anyone who has the mere intent to criticize the government could be subject to the death penalty. [23]

Espionage.
Conducting or organizing intelligence or sabotage activities against the State or at the direction of a foreign country are all punishable by death. [24] Supplying or collecting State secrets for foreign countries is also punishable by death. [25] On its face, the language of the provisions is broad enough to potentially apply the death penalty to dissidents who simply circulate their views overseas. [26]

Military Offenses Not Resulting in Death.
Disobeying orders of direct commanding army personnel [27] or surrendering to the enemy, thereby causing “particularly serious” consequences, are punishable by death. [28]

War crimes, crimes against humanity and genocide.
Serious violations of humanitarian law, including crimes against mankind (including genocide and ecocide), [29] provoking aggressive wars [30] and war crimes, [31] are punishable by death.

Other Offenses Not Resulting in Death.
Manufacturing or trading fake goods such as food or medicines, thereby causing “particularly serious” consequences, is punishable by death. [32]

Comments.
The Vietnam Penal Code was amended in 2009 to reduce the number of crimes punishable by the death penalty. [33] In the 1999 Penal Code, aggravated rape of an adult, [34] drug-related offenses (organizing the illegal use of drugs), [35] terrorism-related offenses (causing “particularly serious” consequences by destroying military weapons or technical means, [36] and causing human death or “particularly serious” consequences by hijacking an aircraft or a ship [37] ) and especially economic offenses (offering bribes, [38] illegally cross-border trading objects of great value and in great quantities, [39] fraudulently appropriating property valued at five hundred million dong or higher or causing “particularly serious” consequences through fraudulent appropriation of property, [40] and “particularly serious” cases of manufacturing, storing, transporting, or circulating counterfeit money, treasury bills, or bonds, [41] ) were all punishable by death. The Law Amending and Supplementing a Number of Articles of the Penal Code reduced the number of death-eligible crimes from 29 to 22. [42] The 1999 Penal Code had already reduced the number of capital offenses from 44 to 29. [43]

Does the country have a mandatory death penalty?

No. [44] All death-eligible crimes explicitly state alternative penalties. [45] Additionally, the Penal Code contains a general provision instructing courts to take into account all aggravating and extenuating circumstances in sentencing, thus granting them the discretion to deliver sentences that are less severe than statutory alternatives. [46]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

None, there is no mandatory death penalty (see answer above on the mandatory death penalty).

Crimes For Which Individuals Have Been Executed Since January 2008:

In January 2004, Vietnam issued a decree classifying death penalty statistics as a “state secret.” [47] As a result, we are unable to determine how many executions have been carried out since then or the convictions for the executions were carried out. Human rights groups and news sources, however, report that individuals have been executed for the following crimes:

Aggravated Murder.
On August 6, 2013, Nguyen Anh Tuan was executed by lethal injection for the robbery and murder of a woman. [48] On December 16, 2013, Tran Quoc Tuan was executed by lethal injection for the robbery and murder of a motorbike taxi driver. [49]

Drug Trafficking Not Resulting in Death.
Tech A Lang, Du Van Quan and Hoang Dinh Duc were executed by firing squad on January 18, 2008 for drug-related offenses. [50]

The International Federation of Human Rights reported in 2006 that most executions are carried out for drug-related crimes. [51]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
The Vietnam Penal Code bans the application of the death penalty against juvenile offenders [52] stating that the most severe available punishment for juveniles is eighteen years of imprisonment. [53] This conforms with Vietnam’s international obligations as a party to the ICCPR [54] and the Convention on the Rights of the Child, [55] which prohibit the execution of individuals below the age of 18 at the time of the offense for which they were convicted.

Pregnant Women.
The Vietnam Penal Code does not allow the execution of pregnant women, requiring their death sentences to be converted to life imprisonment. [56] This conforms with Vietnam’s international commitments as a party to the ICCPR, [57] which prohibits the execution of pregnant women.

Women With Small Children.
The Vietnam Penal Code excludes women nursing children under the age of three from the death penalty. In these cases, the death penalty is commuted into life imprisonment. [58]

Mentally Retarded.
We did not find any legislation that specifically excludes individuals with intellectual disabilities from the death penalty. A person who is suffering from mental disorder that deprives him of the capability to be aware of or to control his acts is not criminally liable. [59] The Penal Code considers mental disorders that restrict the offender’s “cognitive capability” as an extenuating circumstance to the death penalty, [60] and this could be applied to prohibit the execution of individuals with mental retardation.

Mentally Ill.
We did not find any legislation that specifically excludes individuals with mental illness from the death penalty. A person who is suffering from a mental illness that deprives him of the capability to be aware of or to control his acts is not criminally liable. [61] The Penal Code considers mental illness that restricts the offender’s “cognitive capability” as an extenuating circumstance to the death penalty, [62] and this could be applied to prohibit the execution of individuals with mental illness.

References

[1] Vietnam Penal Code, art. 93(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[2] Vietnam Penal Code, art. 93(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[3] Vietnam Penal Code, art. 93(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[4] Vietnam Penal Code, art. 93(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[5] Vietnam Penal Code, art. 112(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[6] Vietnam Penal Code, art. 133(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[7] Vietnam Penal Code, art. 84(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[8] Vietnam Penal Code, art. 83(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[9] Vietnam Penal Code, art. 231(2), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[10] Vietnam Penal Code, art. 112(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[11] Vietnam Penal Code, art. 112(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[12] Vietnam Penal Code, art. 112(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[13] Vietnam Penal Code, art. 133(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[14] Vietnam Penal Code, art. 133(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[15] Vietnam Penal Code, arts. 193(4), 194(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[16] Vietnam Penal Code, art. 278(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[17] Vietnam Penal Code, art. 279(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009
[18] Vietnam Penal Code, art. 78(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[19] Vietnam Penal Code, art. 82(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[20] Vietnam Penal Code, art. 83(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[21] Vietnam Penal Code, art. 85(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[22] Vietnam Penal Code, art. 79(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[23] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, Feb. 23, 2010.
[24] Vietnam Penal Code, art. 80(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[25] Vietnam Penal Code, art. 80(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[26] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, Memorandum on the Situation of human Rights in the Socialist Republic of Vietnam, p. 2, Nov. 16, 2003.
[27] Vietnam Penal Code, art. 316(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[28] Vietnam Penal Code, art. 322(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[29] Vietnam Penal Code, art. 342, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[30] Vietnam Penal Code, art. 341, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[31] Vietnam Penal Code, art. 343, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[32] Vietnam Penal Code, art. 157(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[33] Law Amending and Supplementing a Number of Articles of the Penal Code, art. 1, Law No. 37/2009/QH12, Jun. 19, 2009.
[34] Vietnam Penal Code, art. 111(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[35] Vietnam Penal Code, art. 197(4), Law No. 15/1999/ QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[36] Vietnam Penal Code, art. 334(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[37] Vietnam Penal Code, art. 221(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[38] Vietnam Penal Code, art. 289(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[39] Vietnam Penal Code, art. 153(4), Law No. 15/1999/ QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[40] Vietnam Penal Code, art. 139(4), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[41] Vietnam Penal Code, art. 180(3), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[42] Amnesty Intl., Death Penalty News May 2006, p. 5, ACT 53/002/2006, Apr. 30, 2006. Amnesty Intl., Death Sentences and Executions 2009, p. 14, ACT 50/001/2010, Mar. 30, 2010.
[43] Amnesty Intl., Death Penalty News May 2006, p. 5, ACT 53/002/2006, Apr. 30, 2006.
[44] Vietnam Penal Code, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[45] Vietnam Penal Code, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[46] Vietnam Penal Code, arts. 45-47, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[47] Amnesty Intl., Socialist Republic of Viet Nam Duong Quang Tri: Sentenced to death for fraud, p. 3, ASA 41/ 004/2006, May 1, 2006. Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, Feb. 23, 2010.
[48] Deutsche Welle, Vietnam executes by lethal injection despite protest, http://www.dw.de/vietnam-executes-by-lethal-injection-despite-protest/a-17000124, Aug. 6, 2013.
[49] Vietnam Breaking News, Prisoner executed by lethal injection for first time in HCMC, http://www.vietnambreakingnews.com/2013/12/prisoner-executed-by-lethal-injection-for-first-time-in-hcmc/#.UvFSw0JdVTN, Dec. 17, 2013.
[50] Richard Clark, Executions in January 2008, http://www.capitalpunishmentuk.org/jan08.html, last accessed Apr. 14, 2014.
[51] Intl. Federation on Human Rights& Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, Feb. 23, 2010.
[52] Vietnam Penal Code, art. 35, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[53] Vietnam Penal Code, art. 74(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[54] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Feb. 4, 2014.
[55] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 3, Nov. 20, 1989, http://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11.en.pdf, last accessed Feb. 4, 2014.
[56] Vietnam Penal Code, art. 35, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[57] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Aug. 28, 2013.
[58] Vietnam Penal Code, art. 35, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[59] Vietnam Penal Code, art. 13, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[60] Vietnam Penal Code, art. 46(1)(m), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[61] Vietnam Penal Code, art. 13, Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[62] Vietnam Penal Code, art. 46(1)(m), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Sept. 24, 1982. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [4]

Date of Accession

Not Applicable.

Signed?

No. [5]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [6]

Date of Accession

Not Applicable.

Signed?

No. [7]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

Death Penalty Protocol to the ACHR

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

Arab Charter on Human Rights

Party?

Not Applicable. Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable. Not Applicable.

Date of Signature

Not Applicable.

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [8]

Vote

Abstained. [9]

Signed the Note Verbale of Dissociation

No. [10]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [11]

Vote

Abstained. [12]

Signed the Note Verbale of Dissociation

No. [13]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [14]

Vote

Abstained. [15]

Signed the Note Verbale of Dissociation

No. [16]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [17]

Vote

Abstained. [18]

Signed the Note Verbale of Dissociation

No. [19]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 13, 2012.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 13, 2012.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 13, 2012.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Nov. 13, 2012.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Nov. 13, 2012.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Nov. 13, 2012.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Nov. 13, 2012.
[8] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[9] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[10] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[11] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[12] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[13] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[14] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[15] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[16] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[17] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[18] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16-17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[19] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

Vietnam’s Constitution does not explicitly discuss the death penalty. However, Article 71 provides that “citizens have the right to physical inviolability and to have their lives, health, honor and dignity protected by the law. [1] This suggests a limited constitutional protection of life. Foreign nationals legally residing in Vietnam are entitled to protection of their lives by the State according to Vietnamese law. [2]

Does the country’s constitution make reference to international law?

No. [3]

Have there been any significant changes in the application of the death penalty over the last several years?

The number of known executions in Vietnam has varied widely over the past decade, [4] but the current drop in the number of reported executions may well reflect the government’s decision to treat death penalty statistics as a state secret rather than an actual reduction in the number of executions. [5] The Vietnamese government does not appear to have any intention to abolish the death penalty. During its 2009 Universal Periodic Review, Vietnam rejected the Human Rights Council’s recommendations to abolish capital punishment. [6] It stated that capital punishment is an “effective deterrence measure” against “complicated and dangerous crimes” and that it therefore does not foresee the abolition of the death penalty in the near future. [7] Vietnam abstained from voting on the UN General Assembly’s resolution calling for a global moratorium on the use of the death penalty four times in a row. [8]

Nevertheless, Vietnam’s use of capital punishment has decreased over the past fifteen years. In 1999, Vietnam reduced the number of offenses that were death-eligible under its laws from 44 to 29. [9] In 2009, a further amendment to the Penal Code decreased the number of capital offenses to 22 crimes. [10] As a result, adult rape, fraud, smuggling, counterfeiting, using drugs, offering bribes, hijacking, piracy and destroying military weapons are no longer capital offenses. [11]

In 2010, Vietnam adopted legislation that replaced execution by firing squad with lethal injection. [12] The new law also allows, for the first time, relatives of the executed to retrieve the body for burial, as long as they pay for the transport of the body and guarantee public order and environmental hygiene. [13] The Law on Execution of Criminal Judgments was scheduled to take effect on July 1, 2011. [14] Decree 82 of 2011 mandated a three-drug protocol consisting of sodium thiopental, pancuronium bromide, and potassium chloride. [15] Due to difficulties in importing the drugs (following the European Union’s trade ban on drugs used in capital punishment), the implementation of the law was postponed several times. [16] In January 2013, authorities announced that, since it had proved impossible to import the three drugs required by law, legal amendments would be introduced to allow for “domestic poisons” to be used. [17] In May 2013, the Vietnamese government issued Decree 47, stipulating that the Ministry of Health was to produce a three-drug combination for lethal injection (a sensory paralyzing drug, a drug that paralyzes the musculoskeletal system, and a drug to stop heart activity). [18] On August 6, 2013, Nguyen Anh Tuan was the first person to be executed by lethal injection. [19] Amnesty reports that at least 6 other executions took place after that date, probably also by lethal injection. [20] We found no information on the drugs used or their quality, reliability or effects. The National Assembly may still be considering a return to or a concomitant use of shooting as a method of execution. [21]

The National Assembly voted to change the method of execution in order to purportedly reduce the condemned’s suffering and provide psychological relief to executioners. [22] The Vietnamese police ministry first suggested abandoning shooting in 2006 after noting cases of mental disorder and resignations among members of the firing squad. [23] Le Thi Thu Ba, chairwoman of the National Assembly’s Justice Committee, stated at the time of the amendment that lethal injection “is widely used in the world, more humane, will cause less pain to the convicted and their family, and relieve pressure on executioners. It also helps keep the body of the prisoners intact.” [24]

According to the International Federation for Human Rights and the Vietnam Committee on Human Rights, Vietnam pronounces an average of 100 death sentences per year. [25] These organizations noted in an older joint report that most death sentences are handed down for drug-related offenses. [26]

Is there currently an official moratorium on executions within the country?

No. Executions have been carried out every year since 2007. The absence of executions in 2012 was due to a shortage of lethal injection drugs, not a moratorium. [27]

Have there been any significant published cases concerning the death penalty in national courts?

We were unable to find any significant death penalty cases during our research. Jurisprudence is not a recognized source of law and judicial decisions are not usually published. [28] The Supreme People’s Court produces an annual annotated collection of “typical cases” which lower courts follow. These publications are made partially available on the court’s website in Vietnamese but we were unable to consult them. [29]

Where can one locate or access judicial decisions regarding the death penalty?

While jurisprudence is not a recognized source of law and judicial decisions are not usually published, in practice the Supreme People’s Court produces an annual annotated collection of “typical cases” which lower courts rely upon heavily. These publications are partially available (in Vietnamese) on the website of the Supreme People’s Court at http://toaan.gov.vn. [30]

What is the clemency process?

Within seven days of receiving a death sentence, the convict can send an amnesty petition to the State President. [31] If a prisoner presents a petition for commutation of his or her death sentence, the execution will only be carried out after the State President rejects the petition. [32]

Are jury trials provided for defendants charged with capital offenses?

The Criminal Procedure Code provides that when a defendant is charged with an offense punishable by death, his trial panel shall be composed of two judges and three jurors. [33] The Constitution also provides for independent jurors or “people’s assessors.” [34] However, the Communist Party of Vietnam controls the courts at all levels through judicial appointments and other mechanisms, making the independence of jurors questionable. [35]

Brief Description of Appellate Process

Defendants are usually tried in courts of first instance by provincial or municipal People’s Courts. [36] Once an offender is sentenced to death, he or she has 15 days to appeal the sentence, and the appeal must be heard by a court of appeal within 60 days. [37] Appellate panels are composed of three judges and two added jurors “in case of necessity.” [38] All parties may adduce new evidence before the court of appeal. [39] The court of appeal has the jurisdiction to amend [40] or dismiss the lower court’s judgment or order the re-investigation or retrial of criminal cases, which involves requiring the prosecutor to re-institute the case. [41]

Appellate review by the Supreme People’s Court is not automatic. The Criminal Procedure Code provides that within two months of the pronouncement of a death sentence, the President of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy must either approve or “protest” the judgment according to cassation procedures (appeal on the law only) or re-opening procedures. [42] Even if this initial hurdle is overcome, the Supreme People’s Court’s cassation panel or re-opening panel may decide to reject the protests and reinstate the death sentence without further appellate review. [43] If there is no protest, the death sentence becomes executable. [44]

References

[1] Constitution of the Socialist Republic of Vietnam, arts. 51, 71, Apr. 15, 1992, amended by Resolution 51-2001-QH10 of Legislature X of the National Assembly at its 10th Session, Dec. 25, 2001.
[2] Constitution of the Socialist Republic of Vietnam, art. 81, Apr. 15, 1992, amended by Resolution 51-2001-QH10 of Legislature X of the National Assembly at its 10th Session, Dec. 25, 2001.
[3] Constitution of the Socialist Republic of Vietnam, Apr. 15, 1992, amended by Resolution 51-2001-QH10 of Legislature X of the National Assembly at its 10th Session, Dec. 25, 2001.
[4] Amnesty Intl., Death Penalty News June 2004, p. 6, ACT 53/001/2004, May 31, 2004 (reporting at least 64 executions in 2003). Amnesty Intl., Death Penalty News May 2006, p. 5, ACT 53/002/2006, Apr. 30, 2006 (reporting at least 21 executions in 2005). Amnesty Intl., Death Sentences and Executions 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010 (reporting at least 9 executions in 2009). Amnesty Intl., Death Sentences and Executions 2011, p. 7, ACT 50/001/2012, Mar. 27, 2012 (reporting at least 5 executions in 2011).
[5] David T. Johnson & Franklin E. Zimring, The Next Frontier, National Development, Political Change, and the Death Penalty in Asia, p. 388, note 2, Oxford University Press, 2009.
[6] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam, pp. 10, 12, 13, 16, 26, U.N. Doc. A/HRC/12/11, Sep. 17, 2009.
[7] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam: Addendum, para. 20, U.N. Doc. A/HRC/12/11/Add.1, Sep. 16, 2009.
[8] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012. U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010. U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008. U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16-17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[9] Amnesty Intl., Death Penalty News May 2006, p. 5, ACT 53/002/2006, Apr. 30, 2006.
[10] AFP, Vietnam cuts list of death penalty crimes: official, http://www.google.com/hostednews/afp/article/ALeqM5hnkUuo_lgRqF2ga3u6TYUog6FJpw, Jun. 19, 2009. Amnesty Intl., Death Sentences and Executions 2009, p. 14, ACT 50/001/2010, Mar. 30, 2010.
[11] Amnesty Intl., Death Sentences and Executions 2009, p. 14, ACT 50/001/2010, Mar. 30, 2010.
[12] BBC News, Vietnam to produce own poison for executions, www.bbc.co.uk/news/world-asia-21163508, Jan. 23, 2013.
[13] Intl. Federation for Human Rights, Vietnam claims it makes the death penalty “more humane”, http://www.fidh.org/IMG/article_PDF/article_a10757.pdf, Oct. 10, 2011. Amnesty Intl., Death Sentences and Executions 2011, ACT 50/001/2012, p. 28, Mar. 27, 2012.
[14] Vietnam Law on Execution of Criminal Judgments, art. 181(1), No. 53/2010/QH12, Jun. 17, 2010. Thanh Nien News, Vietnam replaces firing squad with lethal injection, http://www.thanhniennews.com/2010/Pages/20100618130454.aspx, Jun. 18, 2010.
[15] Mai Lan, Poison for lethal injection revealed, VietNamNet, http://english.vietnamnet.vn/fms/society/74247/poison-for-lethal-injection-revealed.html, May 12, 2013.
[16] Amnesty Intl., Death Sentences and Executions 2011, ACT 50/001/2012, p. 28, Mar. 27, 2012.
[17] BBC News, Vietnam to produce own poison for executions, www.bbc.co.uk/news/world-asia-21163508, Jan. 23, 2013.
[18] Mai Lan, Poison for lethal injection revealed, VietNamNet, http://english.vietnamnet.vn/fms/society/74247/poison-for-lethal-injection-revealed.html, May 12, 2013.
[19] Deutsche Welle, Vietnam executes by lethal injection despite protest, http://www.dw.de/vietnam-executes-by-lethal-injection-despite-protest/a-17000124, Aug. 6, 2013.
[20] Amnesty Intl., Death Sentences and Executions in 2013, p. 28, ACT 001/50/2013, Mar. 26, 2014.
[21] Vu Trong Khanh & Nguyen Anh Thu, Vietnam May Return to Firing Squads As Amid Shortage of Lethal Chemicals, The Wall Street Journal, http://online.wsj.com/news/articles/SB10001424127887323971204578627580713971870, Jul. 25, 2013. Associated Press, Vietnam mulls resumption of firing squads, http://www.newsdaily.com/world/dd76a7d6049e58f18898696386dcce53/vietnam-mulls-resumption-of-firing-squads, Nov. 8, 2013.
[22] Ho Binh Minh, Vietnam to switch to lethal injection for death penalty, Reuters, http://www.reuters.com/article/2011/06/25/us-vietnam-death-injection-idUSTRE75O0C220110625, Jun. 24, 2011. Amnesty Intl., Death Sentences and Executions 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[23] Ho Binh Minh, Vietnam to switch to lethal injection for death penalty, Reuters, http://www.reuters.com/article/2011/06/25/us-vietnam-death-injection-idUSTRE75O0C220110625, Jun. 24, 2011.
[24] Amnesty Intl., Death Sentences and Executions 2011, ACT 50/001/2012, p. 28, Mar. 27, 2012.
[25] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, para. 17, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[26] Intl. Federation on Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, Feb. 23, 2010.
[27] Amnesty Intl., Death Sentences and Executions 2013, p. 28, ACT 50/001/2013, Mar. 26, 2014. Amnesty Intl., Death Sentences and Executions 2012, ACT 50/001/2012, Apr. 10, 2013. Amnesty Intl., Death Sentences and Executions 2011, p. 7, ACT 50/001/2012, Mar. 27, 2012. Amnesty Intl., Death Sentences and Executions 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011. Amnesty Intl., Death Sentences and Executions 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010. Amnesty Intl., Death Sentences and Executions 2008, p. 8, ACT 50/003/2009, Mar. 24, 2009. Amnesty Intl., Death Sentences and Executions 2007, p. 6, ACT 50/001/2008, Apr. 15, 2008.
[28] Anh Luu & Le Thi Hanh, Vietnam Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Vietnam1.htm, May 2013.
[29] Anh Luu & Le Thi Hanh, Vietnam Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Vietnam1.htm, May 2013.
[30] Anh Luu & Le Thi Hanh, Vietnam Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Vietnam1.htm, May 2013.
[31] Vietnam Criminal Procedure Code, art. 258(1), Law No. 19/2003/QH11, Nov. 26, 2003.
[32] Vietnam Criminal Procedure Code, art. 258(2), Law No. 19/2003/QH11, Nov. 26, 2003.
[33] Vietnam Criminal Procedure Code, art. 185, Law No. 19/2003/QH11, Nov. 26, 2003.
[34] Constitution of the Socialist Republic of Vietnam, arts. 129, 130, Apr. 15, 1992, amended by Resolution 51-2001-QH10 of Legislature X of the National Assembly at its 10th Session, Dec. 25, 2001
[35] U.S. Dept. of State, 2013 Human Rights Report: Vietnam, Denial of Fair Public Trial, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220244.htm, Feb. 27, 2014.
[36] Amnesty Intl., When the State Kills, p. 232, Amnesty Intl. Publications, 1989.
[37] Vietnam Criminal Procedure Code, arts. 234, 242, Law No. 19/2003/QH11, Nov. 26, 2003.
[38] Vietnam Criminal Procedure Code, art. 244, Law No. 19/2003/QH11, Nov. 26, 2003.
[39] Vietnam Criminal Procedure Code, art. 246, Law No. 19/2003/QH11, Nov. 26, 2003.
[40] Vietnam Criminal Procedure Code, art. 249, Law No. 19/2003/QH11, Nov. 26, 2003.
[41] Vietnam Criminal Procedure Code, art. 248(2), Law No. 19/2003/QH11, Nov. 26, 2003.
[42] Vietnam Criminal Procedure Code, art. 258(1), Law No. 19/2003/QH11, Nov. 26, 2003.
[43] Vietnam Criminal Procedure Code, art. 258(2), Law No. 19/2003/QH11, Nov. 26, 2003.
[44] Vietnam Criminal Procedure Code, art. 258(2), Law No. 19/2003/QH11, Nov. 26, 2003.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

Death-sentenced prisoners are incarcerated in separate death row facilities in detention centers, which could include prisons and/or re-education camps. [1] Some prisons and detention centers are situated in remote regions. [2] In November 2011, a senior official of the Department of Execution of Criminal Judgments and Judicial Support stated to the press that most death row prisoners were held in Ho Chi Minh City, Hanoi, Nghe An, and Son La. [3] Following the adoption of lethal injection as the method of execution, the government built lethal injection facilities and trained staff in these four cities and in Dak Lak, planning to then gradually build additional facilities in each locality in the country. [4]

Description of Prison Conditions

Vietnamese prisons are overcrowded and unsanitary. In June 2012, the Judicial Committee of the Ho Chi Minh City People’s Council reported severe overcrowding and dilapidated cells in death row in Chi Hoa Prison. [5] Prisoners do not have access to sufficient food, and medical care is available only to those who can afford it, even though many are in need of treatment due to severe beatings. Conditions are especially harsh for political prisoners, who are shackled and placed in solitary confinement without reading or writing materials, light, or ventilation. Although submission of uncensored complaints to prison management and judicial authorities are permitted, they are generally ignored. [6]

Prisoners on death row are called “living ghosts” and their cells are narrower than those of the rest of the prison population. On death row, three or four prisoners may be detained in each cell, which contains one latrine bucket and is poorly ventilated. Death row inmates are shackled to a long pole in order of execution date, with the first nearest to the door. They are not permitted to leave their cells except during visits, which are infrequent. [7] Their cement bunks have shackles. Death row inmates often talk to each other or play chess verbally through the prisons walls, without ever seeing the other prisoner. [8]

The prisoners, their families and their lawyers are given no advance notice of the executions. [9] After their final appeal is rejected, death row inmates are woken up one day at 3 am and notified of their imminent execution. The prisoners bathe, change into new clothes and take one last meal, consisting of a bowl of soup, a glass of water and a cigarette. Prisoners are allowed to write a letter or record a message to their family. Prisoners are then escorted out of death row and complete the final formalities, which include fingerprint checking. [10] A report by the International Federation for Human Rights and the Vietnam Committee of Human Rights indicates that because executions take place at 4 am and prisoners are not informed of their execution date, many prisoners stay awake until 6 am in fear of being called for execution. Their families are not notified of the execution until after it has taken place. [11]

Are there any known foreign nationals currently under sentence of death?

Media reports indicate that several foreigners have been sentenced to death over the last few years for drug-related offenses, but we do not know which of these death sentences have been carried out. Five Chinese nationals were reportedly sentenced to death in December 2009 for smuggling drugs and money into Vietnam. [12] In March 2011, a Nigerian man was sentenced to death for drug trafficking [13] and in June 2012 a Thai student received a death sentence for drug smuggling. [14] A Filipino woman was sentenced to death in October 2012 for smuggling methamphetamines into the country. [15] A 52-year-old Chinese national was given the death penalty in February 2013 for trafficking narcotics. [16] In April 2014, an American man was sentenced to death for attempting to smuggle heroin out of the country. [17] It is likely that there are also other foreign nationals on death row. [18]

What are the nationalities of the known foreign nationals on death row?

According to media reports, prisoners of the following nationalities may be on death row: Chinese, [19] Filipino, Thai, [20] Nigerian, [21] and American. [22] It is likely that other nationalities are also represented on death row. [23]

Are there any known women currently under sentence of death?

Media reports indicate that several women have been sentenced to death over the last few years for drug-related offenses, but we do not know which of these death sentences have been carried out. In 2007, death sentences were pronounced on 14 women. [24] Two female leaders of a drug ring were sentenced to death in September 2009. [25] At least one woman was sentenced to death in 2011 for drug trafficking. [26] A Thai female university student also received a death sentence for drug smuggling in June 2012. [27] A Filipino woman was sentenced to death for drug smuggling in October 2012. [28]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

Vietnamese law prohibits the execution of individuals under the age of 18 at the time of the offense for which they were convicted. [29] This conforms with Vietnam’s international obligations under the ICCPR. [30] Amnesty indicates that there have been no known juvenile executions in Vietnam since it started keeping track of this information in 1990. [31]

Comments regarding the racial/ethnic composition on death row

This information is difficult to access because Vietnam’s death penalty statistics are a state secret. [32] However, one expert indicated to us that Tay and Thai individuals, minorities living primarily in the Northern region, comprise the majority on death row. [33]

Are there lawyers available for indigent defendants facing capital trials?

The Criminal Procedure Code states that if a defendant charged with a death-eligible offense does not obtain his or her own defense attorney, the court or investigating body shall request the bar association to assign counsel. [34] Indigent capital defendants are generally provided with lawyers. [35]

Are there lawyers available for indigent prisoners on appeal?

We did not find any information on whether lawyers are available to indigent capital appellants. The Criminal Procedure Code does not state whether defense counsel must be appointed for defendants during the appellate process.

Comments on Quality of Legal Representation

During pretrial detention, detainees often encounter delays in or denial of access to legal counsel. This is particularly true in national security cases, where defense lawyers see their clients only after the investigation has ended and the suspect is formally charged with a crime. Regulations allow for investigations to continue without access to counsel for more than two years. Defendants are not always informed of the right to request a lawyer prior to interrogation. [36]

Defense lawyers commonly have little time before trial to examine the evidence against their clients. The defense has the right to cross-examine witnesses, but there are reportedly cases in which neither the defendants nor their lawyers are given access to government evidence to prepare cross-examinations or to challenge the statements of their accusers. [37] In politically sensitive cases, lawyers are denied timely access to their clients and the evidence against them. [38] Lawyers are often not notified of their client’s trial date until the last minute. [39]

Authorities pressure lawyers not to represent religious or democracy activists. Some human rights attorneys who represent political activists have been harassed, arrested, disbarred, and detained by authorities. In national security cases, judges occasionally silence defense lawyers on the grounds that their arguments are “reactionary.” [40] Lawyers have been arrested for defending human rights, and Vietnam’s Bar Association is subject to political influence and restrictions that deter people from practicing law. [41] The Norwegian Bar Association indicates that lawyers working on national security cases face difficulties in renting offices and resident permits, and are subject to harassment by the police and organized mobs. They also have limited access to their clients, lack of privacy with their clients, and restricted access to case documents. Their right to criticize authorities and invoke human rights instruments during trial is also restricted. For example, Cu Huy Ha Vu, a lawyer who filed lawsuits against the government and provided legal support to democracy activists, was arrested in 2010, charged with “conducting propaganda against the [State],” and sentenced to seven years in prison. [42] In August 2011, Huynh Van Dong was disbarred from the Dak Lak Bar Association for “advocating on behalf of accused individuals” because he protested being denied access to essential legal documents while representing land-right activists. [43]

While a defendant is allowed to be present with a lawyer at trial, often it is not the lawyer of his or her choice. [44]

In general, there is a shortage of trained lawyers in Vietnam. [45]

Other Comments on Criminal Justice System

According to Amnesty International, peaceful activists are often detained incommunicado of long periods of time. [46]

Vietnam has not acceded to the UN Convention Against Torture, and police brutality is rampant in the country. Detainees have died in custody due to severe beatings. [47]

Trials are unfair, as there is no presumption of innocence or opportunity to call witnesses. At the trial of three political bloggers in September 2012, the court cut off the microphone when one of the defendants tried to defend himself, rejected his lawyer’s request to call witnesses, and failed to produce the evidence cited in his indictment. [48] Judgments for cases in which the party or government has an interest are reportedly decided before the trial, which may only last a few hours. [49] Before the trials of government critics or their legal counsel, the security police, prosecution agency, and judges often agree on the outcome. No political dissident has ever been acquitted. [50]

Every judge in Vietnam must be a member of the ruling Communist Party, which results in the lack of an independent judiciary. The Communist Party also controls the Vietnam Bar Federation and the local Bar Associations, and lawyers may be disbarred for criticizing the Party or the government. [51]

Human Rights Watch reported that proposals to amend the Constitution, including bans on political, economic, cultural, social, or gender discrimination and violations of the rights of the child, contain limitations and loopholes that may still enable human rights violations. [52]

References

[1] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Memorandum on the Situation of Human Rights in the Socialist Republic of Vietnam, p. 6, Nov. 16, 2003.
[2] Phil Robertson, Race to the bottom: Burma and Vietnam head in opposite directions on human rights, Human Rights Watch, http://www.hrw.org/news/2012/11/07/race-bottom-burma-and-vietnam-head-opposite-directions-human-rights, Nov. 7, 2012.
[3] Amnesty Intl., Death Sentences and Executions 2011, p. 28, ACT 50/001/2012, Mar. 27, 2012.
[4] Tuoi Tre News, Locally-made poison to be used for execution, http://tuoitrenews.vn/society/9625/locallymade-poison-to-be-used-for-execution, May 15, 2013. Amnesty Intl., Death Sentences and Executions 2011, p. 28, ACT 50/001/2012, Mar. 27, 2012.
[5] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Prison and Detention Center Conditions, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[6] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, paras. 19-20, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[7] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 5, Feb. 23, 2010.
[8] Amnesty Intl., Death Sentences and Executions 2011, p. 29, ACT 50/001/2012, Mar. 27, 2012.
[9] Amnesty Intl., Death Sentences and Executions 2011, p. 29, ACT 50/001/2012, Mar. 27, 2012.
[10] Amnesty Intl., Death Sentences and Executions 2011, p. 29, ACT 50/001/2012, Mar. 27, 2012.
[11] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 5, Feb. 23, 2010.
[12] Thanh Nien News, Five Chinese drug smugglers sentenced to death, http://www.thanhniennews.com/2009/Pages/20091226214619054361.aspx, Dec. 26, 2009.
[13] Daily Times of Nigeria, Nigerian sentenced to death in Vietnam, http://dailytimes.com.ng/article/nigerian-sentenced-death-vietnam, Mar. 24, 2011.
[14] Sai Gon Giai Phong, Death penalty for Thai student for smuggling drugs into Vietnam, www.saigon-gpdaily.com.vn/law/2012/10/102943/, Oct. 4, 2012.
[15] .AFP, Vietnam sentences Filipina drug mule to death, Inquirer.net, http://globalnation.inquirer.net/54668/vietnam-sentences-filipina-drug-mule-to-death, Oct. 31, 2012.
[16] Mai Phuong, Chinese man sentenced to death for trafficking 11kg of narcotics, VietNamNet, http://english.vietnamnet.vn/fms/society/67931/chinese-man-sentenced-to-death-for-trafficking-11kg-of-narcotics.html, Mar. 5, 2013.
[17] Associated Press, Vietnam sentences American man to death for heroin, Washington Post, http://www.washingtonpost.com/world/asia_pacific/vietnam-sentences-american-man-to-death-for-heroin/2014/04/22/d2b85958-ca90-11e3-b81a-6fff56bc591e_story.html, Apr. 22, 2014.
[18] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[19] Thanh Nien News, Five Chinese drug smugglers sentenced to death, http://www.thanhniennews.com/2009/Pages/20091226214619054361.aspx, Dec. 26, 2009. Mai Phuong, Chinese man sentenced to death for trafficking 11kg of narcotics, VietNamNet, http://english.vietnamnet.vn/fms/society/67931/chinese-man-sentenced-to-death-for-trafficking-11kg-of-narcotics.html, Mar. 5, 2013.
[20] AFP, Vietnam sentences Filipina drug mule to death, Inquirer.net, http://globalnation.inquirer.net/54668/vietnam-sentences-filipina-drug-mule-to-death, Oct. 31, 2012. Sai Gon Giai Phong, Death penalty for Thai student for smuggling drugs into Vietnam, www.saigon-gpdaily.com.vn/law/2012/10/102943/, Oct. 4, 2012.
[21] Daily Times of Nigeria, Nigerian sentenced to death in Vietnam, http://dailytimes.com.ng/article/nigerian-sentenced-death-vietnam, Mar. 24, 2011. Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[22] Associated Press, Vietnam sentences American man to death for heroin, Washington Post, http://www.washingtonpost.com/world/asia_pacific/vietnam-sentences-american-man-to-death-for-heroin/2014/04/22/d2b85958-ca90-11e3-b81a-6fff56bc591e_story.html, Apr. 22, 2014.
[23] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[24] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, http://www.fidh.org/IMG/pdf/Report_Vietnam_2010_En.pdf, Feb. 23, 2010.
[25] Thanh Nien NewsThai Son, Two women get death, ex-cops jail in drug scandal, Thanh Nien News, http://www.thanhniennews.com/2009/Pages/2009919214115052572.aspx, Sep. 19, 2009.
[26] Thanh Nien News, Two drug dealers get death in southern Vietnam, http://www.thanhniennews.com/2010/pages/20111129-drug-dealer-gets-death-sentence-in-southern-vietnam.aspx, Nov. 29, 2011.
[27] Sai Gon Giai Phong, Death penalty for Thai student for smuggling drugs into Vietnam, www.saigon-gpdaily.com.vn/law/2012/10/102943/, Oct. 4, 2012.
[28] AFP, Vietnam sentences Filipina drug mule to death, Inquirer.net, http://globalnation.inquirer.net/54668/vietnam-sentences-filipina-drug-mule-to-death, Oct. 31, 2012.Manila Bulletin Publishing Corporation, Vietnam Sentences Filipina Drug Mule to Death, www.mb.com.ph/articles/379527/vietnam-sentences-filipina-drug-mule-to-death, Oct. 31, 2012.
[29] Vietnam Penal Code, arts. 35, 74(1), Law No. 15/1999/QH10, Dec. 21, 1999, as amended through to Jun. 19, 2009.
[30] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 20, 2013.
[31] Amnesty Intl., Executions of juveniles since 1990, http://www.amnesty.org/en/death-penalty/executions-of-child-offenders-since-1990, last accessed Apr. 14, 2014.
[32] Intl. Federation for Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, p. 4, Feb. 23, 2010.
[33] Lina Gyllensten, affiliated with the Centre for Capital Punishment Studies, Westminster Law School, Email to DPW, DPW Vietnam Doc. E-1, May 27, 2010.
[34] Vietnam Criminal Procedure Code, art. 57(2), Law No. 19/2003/QH11, Nov. 26, 2003.
[35] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[36] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Arrest Procedures and Treatment While in Detention, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[37] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[38] Human Rights Watch, UPR Submission: Vietnam, p. 3, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/hrw_upr18_vnm_e_main.pdf, Jun. 2013.
[39] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, p. 5, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[40] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[41] Human Rights Watch, UPR Submission: Vietnam, p. 3, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/hrw_upr18_vnm_e_main.pdf, Jun. 2013.
[42] The Norwegian Bar Association, Submission to the Universal Periodic Review of Vietnam in 2014, pp. 3, 5, 7, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/nba_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[43] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, p. 4, footnote 7, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[44] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[45] U.S. Dept. of State, 2012 Human Rights Report: Vietnam, Arrest Procedures and Treatment While in Detention, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204251.htm, Apr. 19, 2013.
[46] Lawyers for Lawyers & The Law Society of England and Wales & Lawyers’ Rights Watch Canada, Joint UPR Submission: Viet Nam / UPR Session January/February 2014, para. 11, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js9_upr18_vnm_e_main.pdf, Jun. 13, 2013.
[47] Lawyers for Lawyers & The Law Society of England and Wales & Lawyers’ Rights Watch Canada, Joint UPR Submission: Viet Nam / UPR Session January/February 2014, para. 11, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js9_upr18_vnm_e_main.pdf, Jun. 13, 2013.
[48] Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, p. 5, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.
[49] Amnesty Intl., Viet Nam: Amnesty International Submission for the UN Universal Periodic Review: 18th Session of the Working Group, January-February 2014, pp. 3-4, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/ai_upr18_vnm_e_main.pdf, Jun. 2013. Human Rights Watch, UPR Submission: Vietnam, p. 2, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/hrw_upr18_vnm_e_main.pdf, Jun. 2013.
[50] Lawyers for Lawyers & The Law Society of England and Wales & Lawyers’ Rights Watch Canada, Joint UPR Submission: Viet Nam / UPR Session January/February 2014, para. 11, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js9_upr18_vnm_e_main.pdf, Jun. 13, 2013.
[51] Lawyers for Lawyers & The Law Society of England and Wales & Lawyers’ Rights Watch Canada, Joint UPR Submission: Viet Nam / UPR Session January/February 2014, paras. 13, 17, 20, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js9_upr18_vnm_e_main.pdf, Jun. 13, 2013.
[52] Human Rights Watch, UPR Submission: Vietnam, p. 4, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/hrw_upr18_vnm_e_main.pdf, Jun. 2013.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In its 2002 Concluding Observations on Vietnam’s compliance with the ICCPR, the Human Rights Committee expressed concern about the large number of crimes for which the death penalty could still be imposed because the penalty was not restricted to those crimes that are considered to the “most serious.” [1] The Committee considered that the definitions of certain acts, such as opposition to order and national security violations, were excessively vague and inconsistent with article 6, paragraph 2 of the ICCPR. [2] While the 2009 amendment to the Penal Code removed 7 non-lethal offenses from the list of death-eligible crimes, many offenses that do not meet the international definition for “most serious” crimes remain punishable by death. The wording of the provisions defining crimes against national security remains exceedingly vague.

Decisions of Other Human Rights Bodies

At Vietnam’s 2014 Universal Periodic Review, the U.N. Human Rights Council recommended that Vietnam continue to reduce the number of death-eligible crimes, publish statistics about the use of the death penalty, commute all death sentences, use the death penalty in accordance with international human rights law, and consider a moratorium or the abolition of capital punishment. [3] Vietnam reserved its response to these recommendations and is scheduled to respond no later than the 26th session of the Human Rights Council in June 2014. [4]

At Vietnam’s 2009 Universal Periodic Review Process, the Human Rights Council had already recommended that Vietnam limit the use of capital punishment promptly by reducing the scope of crimes subject to death and the number of capital offenses. [5] It also expressed concerns about the lack of transparency in the use of death penalty and recommended that Vietnam revise its legislation according to existing international standards. [6] Vietnam supported these recommendations. [7] However, Vietnam did not support recommendations that it take steps to abolish capital punishment, publish all information about the imposition and the use of death penalty, and ratify the Second Optional Protocol to the ICCPR. [8] Vietnam stated that capital punishment is an “effective deterrence measure” against “complicated and dangerous crimes” and that it therefore does not foresee the abolition of the death penalty in the near future. [9] It also indicated that it would consider ratifying the Second Optional Protocol to the ICCPR “[w]hen conditions so allow.” [10]

In 2010, the Special Rapporteur on extrajudicial, summary or arbitrary executions commended the Vietnamese government for reducing the number of death-eligible crimes in 2009, while expressing concern about the continued use of death sentences for offenses similar to those for which the death penalty had been eliminated. [11] He reminded the Vietnamese government that the death penalty should be imposed only for the most serious crimes that involve an intention to kill and the loss of human life. [12] He also deplored a capital case in which the defendant was deprived of her right to fair proceedings, and urged Vietnam to abide by the ICCPR, which provides the guarantee of “adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing.” [13]

References

[1] U.N. ICCPR, Human Rights Committee, Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding Observations of the Human Rights Committee Vietnam, para. 7, U.N. Doc. CCPR/CO/75/VNM, Aug. 5, 2002.
[2] U.N. ICCPR, Human Rights Committee, Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding Observations of the Human Rights Committee Viet Nam, para. 7, U.N. Doc. CCPR/CO/75/VNM, Aug. 5, 2002.
[3] U.N.G.A., Human Rights Council, Draft report of the Working Group on the Universal Periodic Review: Viet Nam, paras. 143.5-143.8, 143.89-143.114, U.N. Doc. A/HRC/WG.6/14/L.14, Feb. 7, 2014.
[4] U.N.G.A., Human Rights Council, Draft report of the Working Group on the Universal Periodic Review: Viet Nam, para. 143, U.N. Doc. A/HRC/WG.6/14/L.14, Feb. 7, 2014.
[5] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam, p. 21, U.N. Doc. A/HRC/12/11, Sep. 17, 2009.
[6] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam, p. 21, U.N. Doc. A/HRC/12/11, Sep. 17, 2009.
[7] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam, p. 19, U.N. Doc. A/HRC/12/11, Sep. 17, 2009.
[8] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam, pp. 10, 12, 13, 16, 26, U.N. Doc. A/HRC/12/11, Sep. 17, 2009.
[9] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam: Addendum, para. 20, U.N. Doc. A/HRC/12/11/Add.1, Sep. 16, 2009.
[10] U.N.G.A., Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Viet Nam: Addendum, para. 20, U.N. Doc. A/HRC/12/11/Add.1, Sep. 16, 2009.
[11] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston: Addendum, paras. 1199, 1200, U.N. Doc. A/HRC/14/24/Add. 1, Jun. 18, 2010.
[12] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston: Addendum, para. 1203, U.N. Doc. A/HRC/14/24/Add. 1, Jun. 18, 2010.
[13] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston: Addendum, paras. 1201, 1204, U.N. Doc. A/HRC/14/24/Add. 1, Jun. 18, 2010.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Quê Me: Action for Democracy in Vietnam & Vietnam Committee on Human Rights
(Member of the International Federation of Human Rights Leagues)
President: Vo Van Ai
BP 60063
94472 Boissy Saint Léger cedex
France
queme.net

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk

Helpful Reports and Publications

Amnesty Intl., Viet Nam: Amnesty International Submission for the UN Universal Periodic Review: 18th Session of the Working Group, January-February 2014, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/ai_upr18_vnm_e_main.pdf, Jun. 2013.

David T. Johnson & Franklin E. Zimring, The Next Frontier, National Development, Political Change, and the Death Penalty in Asia, Oxford University Press, 2009.

Human Rights Watch, UPR Submission: Vietnam, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/hrw_upr18_vnm_e_main.pdf, Jun. 2013.

Intl. Federation of Human Rights & Vietnam Committee on Human Rights, The Death Penalty in the Socialist Republic of Vietnam, Feb. 23, 2010.

Intl. Federation for Human Rights & Vietnam Committee on Human Rights, Memorandum on the Situation of human Rights in the Socialist Republic of Vietnam, Nov. 16, 2003.

Intl. Federation of Human Rights & Vietnam Committee on Human Rights, Universal Periodic Review of Vietnam: United Nations Human Rights Council, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js4_upr18_vnm_e_main.pdf, Jun. 17, 2013.

Lawyers for Lawyers & The Law Society of England and Wales & Lawyers’ Rights Watch Canada, Joint UPR Submission: Viet Nam / UPR Session January/February 2014, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/js9_upr18_vnm_e_main.pdf, Jun. 13, 2013.

The Norwegian Bar Association, Submission to the Universal Periodic Review of Vietnam in 2014, http://www.upr-info.org/sites/default/files/document/viet_nam/session_18_-_january_2014/nba_upr18_vnm_e_main.pdf, Jun. 17, 2013.

Additional notes regarding this country

None.

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