Legal Framework to prevent torture in Vietnam

Name of student:   NGUYEN LONG DUONG  (Vietnam)

Class:                   Master of International Protection of Human Rights (МЮ508)

Topic:                   “Legal Framework to prevent torture in Vietnam”

 

1. Name of the topic. Proving topic actuality

- Name of the topic: “Legal Framework to prevent torture in Vietnam”

- The actuality of topic:

The issue of prevention and control of torture has been noticed early and has been stipulated in many Vietnamese legal documents, including the Criminal Code and Criminal Procedure Code.

In particular, On 28th November, 2014, the National Assembly of Viet Nam ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the UNCAT). Participation in the UNCAT is a specific step in Vietnam's active process of international integration, affirming that Vietnam is an active and responsible member of the international community, improving significantly Vietnam's international reputation in the field of human rights and creating new incentives and bases to promote torture prevention and control in Vietnam. However, the legal framework on this issue in Vietnam still has some shortcomings and limitations. Therefore, the improving of legal documents on torture prevention and control is in compliance with the provisions of the UNCAT, as well as the provisions of Articles 7 and 10 of the International Convention on Civil and political rights in 1966 are needed.

2. Setting the aim and tasks of the study:

          - The thesis outlines the main contents of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and basic provisions of relevant Vietnamese laws on this issue.

          - The thesis analyzes and evaluates the compatibility between Vietnamese law and international law on this issue and proposes views as well as solutions to improve the effectiveness of Vietnam’s current legal framework on preventing torture.

3. Scientific approaches and methods that should be used during the research.

To conduct the thesis, the author will apply following approaches and methodologies:

- Dialectic approach: to clarify and understand the essence of  torture and preventing torture in legal framework of Vietnam.

- The doctrinal research methodology: to locate the sources of the law in Vietnamese legal system and International Law about preventing torture and interprete, analysize the text to understand the essence of these provisions.

- The methods of comparative legal research: to analyze, examine the current legal documents in Vietnam that contain provision on preventing torture and propose to make amendments to ones which are inappropriate and incompatible with the world’s general trends and the International Human Rights Law.

- Formal-juridical method: to research about the law-making practice, construction of regulative legal acts, the enforcement and also for reading and interpreting legal text about this issue.

- Quantitive and qualitative methodologies: to analyze and evaluate the state of torture in Vietnam./.