Juvenile offenders in Vietnam and the right to defence

Abstract

This article examines Vietnam's regulations and practices concerning the right to defence of juvenile offenders in comparison with international standards. I use mixed methods including statistics and analysis of case studies. Research findings indicate that Vietnam's laws firmly state the right to defence of juvenile offenders but lack specific guarantees for appropriate legal support and protection of privacy. In the implementation of the law, we can see various issues, including a lack of understanding of their rights by offenders and their representatives, and failure to provide appropriate defence for juvenile offenders among responsible agencies.

Explaining the Offending Behaviour of Young People on Educational Programmes Incarcerated in Educational Institutions in Vietnam

“…A judicial system based on Civil Law gives preference to statute law or law that is already written and codified. Vietnam ratified the Convention on the Rights of the Child in 1990 and was the first Asian country to accept the Convention (Vietnam was also the second in the world to do so) (Pham, 2016). The age of criminal responsibility in Vietnam is 14, although those aged between 14 and up to 16 years only bear criminal liability for serious crimes (committed intentionally) and extremely serious crimes.…”

“…The age of criminal responsibility in Vietnam is 14, although those aged between 14 and up to 16 years only bear criminal liability for serious crimes (committed intentionally) and extremely serious crimes. Young people under 18 years who offend are treated under different provisions and have lighter penalties than those aged 18 and over (Pham, 2016).…”

“…In Vietnam, popular, political and academic concern about youth offending has been evident for some time (Cox, 2010, 2012; Ho, 2002; Nguyen, 2004; Nguyen and Trinh, 2000; Pham, 2016; Thanh Nien News, 2013b; Vietnam News, 2011, 2015). Young people under the age of 18 account for 25 percent of the overall crime rate in Vietnam and 34 percent of the total population (of about 90 million people) is under 18 years old (Pham, 2016). Official data show that most youth offending is committed by those aged 16–18.…”

“…(p. 1717) This perspective has been influential in the current study. Individual responsibility and psychological explanations for youth crime are an important consideration in the Vietnamese context, where the tendency towards self-criticism has already been noted (Cox, 2012;Pham, 2016). The broader context of Buddhist beliefs is also useful in understanding why traditional elements in society might focus on the individual.…”