UN Recommendations on the 2015 Penal Code and Criminal Procedural Code of Viet Nam

A number of provisions of the latest draft of the Penal Code and amended Criminal Procedural Code adopted by the National Assembly in November 2015 appear to be incompatible with Viet Nam's international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) (to which Viet Nam became a State party in 1982) and the Convention against Torture (CAT) (ratified by Viet Nam in 2015).

Beyond the specific recommendations provided about some selected provisions of the Codes, a general recommendation would be to review the Penal Code to ensure that aggravating and mitigating factors for sentencing be strictly limited to those recognized by international standards and free from any kind of discrimination.