Vietnamese Legislation Regarding Juveniles Sent to Reformatories: Evaluating Compliance with the United Nations Rules for the Protection of Juveniles Deprived of Liberty and Offering Recommendations

Abstract

In Vietnam, juvenile offenders may be subjected to placement in reformatories as a legal measure, which, in practice, proves to be more severe than adult imprisonment. This study examines the Vietnamese legal framework concerning reformatory placement against international standards for protecting the rights of detained juveniles. Through comparative analysis, significant limitations in Vietnamese law regarding reformatory placement emerge, particularly concerning trial procedures, duration of placement, enforcement of fundamental rights during confinement, and procedures in cases of death within reformatories. A robust mechanism is lacking to guarantee their entitlement to leave the reformatory to attend funerals in the event of a relative’s passing or to visit sick family members, free from obstruction by authorities. Recommendations are proposed to refine legislation to align with international legal norms, aiming to mitigate human rights violations against juvenile offenders in Vietnam, even in instances of legal transgressions. This study offers solutions for the Vietnamese government while serving as a credible resource for the international academic community interested in understanding the legal framework and practical implementation of measures regarding juvenile offenders in Vietnam.

Keywords

• Juveniles Sent to Reformatories; United Nations Rules; Child Rights; Legal Reform; Vietnamese Legislation.