Death penalty report (eng)

This report was produced as part of the EU Justice and Legal Empowerment Programme

in Viet Nam. The EU Justice and Legal Empowerment Programme in Viet Nam (EU JULE)

is funded by the European Union with financial contributions from UNDP and UNICEF,

and is implemented by these UN agencies in partnership with the Ministry of Justice of

Viet Nam.

The Research Team

Nguyen Thi Thanh Hai, Ph.D. (Team leader – Lecturer of the Ho Chi Minh National

Academy of Politics)

Nguyen Van Hoan, (Team member – Former Deputy Director General of the Criminal

and Administrative Legislation Department – Ministry of Justice)

Nguyen Minh Khue, Ph.D. (Team member – Deputy Director of Legal Science Institute)

DISCLAIMER

The viewpoints expressed in this publication are those of the writers and do not

necessarily represent those of the Ministry of Justice, any other competent authorities

of the Government of Viet Nam, the European Union or UNDP.

Ha Noi, October 2019

TABLE OF CONTENT

Abbreviations

Acknowledgments

Executive Summary

Introduction

Part I

General Information On The Abolition

Of The Death Penalty And The Second

Optional Protocol To The Covenant On

Civil And Political Rights

I. International Legal Framework On The

Abolition Of The Death Penalty

1. The Death Penalty And Trends Towards

Abolition

2. Different Points Of View About The

Death Penalty

3. International Law On The Abolition Of

The Death Penalty

II. Key Contents Of The Second Optional

Protocol To The ICCPR, Aiming At The

Abolition Of The Death Penalty

Part II

Experiences Of Countries On The

Abolition Of The Death Penalty

I. General Context

II. Countries That Are Parties To The

Second Optional Protocol To The ICCPR

III. Countries That Have Abolished The

Death Penalty But Have Not Yet Ratified

The Second Optional Protocol To ICCPR

iv

v

vi

2

6

6

6

7

9

11

14

14

15

18

IV. Countries That Have Abolished The

Death Penalty In Practice

V. Recommendations From UN Human

Rights Mechanisms On The Abolition Of

Death Penalty In Viet Nam

Part III

Viet Nam’s Legislation On The Death

Penalty And The Possibility Of Ratifying

The Second Optional Protocol Aiming At

The Abolition Of The Death Penalty

I. Viet Nam’s Legislation On The Death

Penalty

1. The Death Penalty Under The Penal Code

2. Provisions Of The Criminal Procedure

Code On The Application And Execution Of

The Death Penalty

3. Provisions Of The Law On Temporary

Custody, Detention And The Law On

Enforcement Of Criminal Judgements With

Regard To The Execution Of The Death

Penalty

II. Possibility Of Viet Nam Acceding To The

Second Optional Protocol Aiming At The

Abolition Of The Death Penalty

1. Compatibility Between Vietnamese

Legislation And The Protocol

2. Possibility Of The Abolition Of The Death

Penalty In Viet Nam

Part IV

Conclusion And Recommendations

I. Conclusion

II. Recommendations

Annex I

Annex II

18

19

24

24

24

29

30

31

31

33

38

38

39

40

42

iv

ABBREVIATIONS

United Nations

United Nations Development Programme

United Nations Children's Fund

International Covenant on Civil and Political Rights

The Universal Periodic Review

Criminal Procedure Code

UN

UNDP

UNICEF

ICCPR

UPR

CPC

The authors would like to express their gratitude to the United Nations Development

Programme (UNDP) in Viet Nam for supporting this study. We would also like to sincerely

thank the European Union in Viet Nam, within the scope of the EU Justice and Legal

Empowerment Programme for sponsoring this study, and the Department of International

Law, Ministry of Justice of Viet Nam for their support and coordination in the development

of this study.

In addition, we would like to thank the representatives of the State agencies, the legal

experts, scholars, and other reviewers for their valuable comments during the consultation

stage to improve the report. Without them, we could not accomplish this study. Finally, the

most special thanks we would like to extend to the research participants who shared their

time and stories with us.

The Research Team

ACKNOWLEDGMENTS