Senior legislators at the ongoing session of the Standing Committee
Vietnam’s amended Penal Code must have precise definitions of political charges and clearly describe activities which are considered anti-government, said Nguyen Sinh Hung, chairman of the country’s legislative body National Assembly (NA).
by Vu Quoc Ngu, Sept 15, 2015
Vietnam’s amended Penal Code must have precise definitions of political charges and clearly describe activities which are considered anti-government, said Nguyen Sinh Hung, chairman of the country’s legislative body National Assembly (NA).
The Vietnamese top legislator made this statement at the ongoing 41st session of the NA Standing Committee where senior lawmakers and full-time legislators debate on the draft Penal Code (amended).
Mr. Hung, who just returned from an official visit to the U.S., said Vietnam cannot arrest citizens without solid basis.
Regarding trials, Mr. Hung said all People’s Courts must ensure the rights of defendant to competent and effective defense, including the first hearing and appeals.
It is violation of the country’s Constitution if defense is allowed only in appeals, he noted.
Human rights of people, including defendants, should be respected, said the top lawmaker.
The amended Penal Code, which will be submitted to the parliament for approval in its one-month sitting in October-November to replace the current law adopted by the communist-controlled parliament in 1999.
Vietnam has been criticized internationally for using controversial Articles 78, 79, 88, 89, 245 and 258 in the current Penal Code to silence local dissent.
The draft amended Penal Code, built by the Ministry of Justice, has minor changes from the current version, observers said.
Death penalty is the highest punishment for anti-state crimes. People can face up to 20 years for lighter charges.
In July, Vietnam’s communist government called on local citizens and expats to contribute their opinions to the draft amendments of the Penal Code.
According to the decision signed by Prime Minister Nguyen Tan Dung, Vietnamese could send their ideas for amendments to the law in the next two months until September 15 and the Justice Ministry will be responsible for receiving the public feedback and completing the draft revised law before submitting to the National Assembly, the country’s highest legislative body, at the 10th plenary meeting slated to start next month.
Under the amendments also prepared by the Ministry of Public Security, seven kinds of crimes will be removed from the capital punishment, including robbery, demolish of works important for national security, activities against order at the higher levels, surrender to enemies, harming the peace and launching war, crimes against humanity and war crimes.
Regarding corruption crime, the government intended to remove death sentence to this crime in the revised draft law but lawmakers and experts refused to remove it, saying that the removal will harm the country amid rampant corruption.
On issues of basic human rights, the controversial articles such as Articles 79, 88, 245 and 258 which have been used to silent local government critics and human rights activists, will remain the same or even be toughened amid rising public discontent.
In the draft amendments, they will be respective 106, 115, 316 and 330. While Articles 106, 115 and 330 are similar to Article 79, 88 and 258 of the current law, Articles 316 will be toughened in a bid to deal with rising dissatisfaction among farmers nationwide whose land is seized by local authorities for industrial and urban development.
Article 316 states that people committing public disorders can face up to three years imprisonment compared to two years currently and a fine of between VND10 million ($460) to VND100 million, ten folds higher than the current law sets. Vietnam has yet to introduce demonstration law to provide legal protection of peaceful protesters so all public gatherings may be considered public disturbance. In the past few years, the Vietnamese government has violently dispersed peaceful demonstrations and charged many protesters with social disorder allegation.
Many countries and international human rights organizations have urged Vietnam to drop controversial Articles 79, 88, 245 and 258 which criminalize peaceful activities of local political dissidents and social activists.
These articles are among those other countries recommended Vietnam to remove in the recent Universal Periodic Review last year.
Hundreds of pro-democracy campaigners and human rights activists as well as farmers who peacefully demand for market-based compensation for their land, have been imprisoned by Articles 79, 88, 245 and 258.
According to international human rights organizations, Vietnam is holding between 150 and 200 prisoners of conscience while Hanoi always denies, saying it imprisons only law violators.
Last year, Vietnam became a member of the UN Human Rights Council, however, the Southeast Asian nation has taken modest efforts to improve its human rights records which are very bad according to international human rights bodies
The communists have vowed to keep the country under one-party regime and consider government critics and democracy advocates as anti-government.
According to the New York-based Human Rights Watch, Vietnam is imprisoning between 150 and 200 prisoners of conscience. Hanoi always denies, saying only law violators are held.
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September 15, 2015
Vietnam Top Legislator Requests Precise Definitions of Political Charges
by Nhan Quyen • [Human Rights]
Senior legislators at the ongoing session of the Standing Committee
by Vu Quoc Ngu, Sept 15, 2015
Vietnam’s amended Penal Code must have precise definitions of political charges and clearly describe activities which are considered anti-government, said Nguyen Sinh Hung, chairman of the country’s legislative body National Assembly (NA).
The Vietnamese top legislator made this statement at the ongoing 41st session of the NA Standing Committee where senior lawmakers and full-time legislators debate on the draft Penal Code (amended).
Mr. Hung, who just returned from an official visit to the U.S., said Vietnam cannot arrest citizens without solid basis.
Regarding trials, Mr. Hung said all People’s Courts must ensure the rights of defendant to competent and effective defense, including the first hearing and appeals.
It is violation of the country’s Constitution if defense is allowed only in appeals, he noted.
Human rights of people, including defendants, should be respected, said the top lawmaker.
The amended Penal Code, which will be submitted to the parliament for approval in its one-month sitting in October-November to replace the current law adopted by the communist-controlled parliament in 1999.
Vietnam has been criticized internationally for using controversial Articles 78, 79, 88, 89, 245 and 258 in the current Penal Code to silence local dissent.
The draft amended Penal Code, built by the Ministry of Justice, has minor changes from the current version, observers said.
Death penalty is the highest punishment for anti-state crimes. People can face up to 20 years for lighter charges.
In July, Vietnam’s communist government called on local citizens and expats to contribute their opinions to the draft amendments of the Penal Code.
According to the decision signed by Prime Minister Nguyen Tan Dung, Vietnamese could send their ideas for amendments to the law in the next two months until September 15 and the Justice Ministry will be responsible for receiving the public feedback and completing the draft revised law before submitting to the National Assembly, the country’s highest legislative body, at the 10th plenary meeting slated to start next month.
Under the amendments also prepared by the Ministry of Public Security, seven kinds of crimes will be removed from the capital punishment, including robbery, demolish of works important for national security, activities against order at the higher levels, surrender to enemies, harming the peace and launching war, crimes against humanity and war crimes.
Regarding corruption crime, the government intended to remove death sentence to this crime in the revised draft law but lawmakers and experts refused to remove it, saying that the removal will harm the country amid rampant corruption.
On issues of basic human rights, the controversial articles such as Articles 79, 88, 245 and 258 which have been used to silent local government critics and human rights activists, will remain the same or even be toughened amid rising public discontent.
In the draft amendments, they will be respective 106, 115, 316 and 330. While Articles 106, 115 and 330 are similar to Article 79, 88 and 258 of the current law, Articles 316 will be toughened in a bid to deal with rising dissatisfaction among farmers nationwide whose land is seized by local authorities for industrial and urban development.
Article 316 states that people committing public disorders can face up to three years imprisonment compared to two years currently and a fine of between VND10 million ($460) to VND100 million, ten folds higher than the current law sets. Vietnam has yet to introduce demonstration law to provide legal protection of peaceful protesters so all public gatherings may be considered public disturbance. In the past few years, the Vietnamese government has violently dispersed peaceful demonstrations and charged many protesters with social disorder allegation.
Many countries and international human rights organizations have urged Vietnam to drop controversial Articles 79, 88, 245 and 258 which criminalize peaceful activities of local political dissidents and social activists.
These articles are among those other countries recommended Vietnam to remove in the recent Universal Periodic Review last year.
Hundreds of pro-democracy campaigners and human rights activists as well as farmers who peacefully demand for market-based compensation for their land, have been imprisoned by Articles 79, 88, 245 and 258.
According to international human rights organizations, Vietnam is holding between 150 and 200 prisoners of conscience while Hanoi always denies, saying it imprisons only law violators.
Last year, Vietnam became a member of the UN Human Rights Council, however, the Southeast Asian nation has taken modest efforts to improve its human rights records which are very bad according to international human rights bodies
The communists have vowed to keep the country under one-party regime and consider government critics and democracy advocates as anti-government.
According to the New York-based Human Rights Watch, Vietnam is imprisoning between 150 and 200 prisoners of conscience. Hanoi always denies, saying only law violators are held.