Legal protection of human rights of prisoners in Vietnam

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LEGAL PROTECTION OF HUMAN RIGHTS OF PRISONERS

IN VIETNAM

<b>Tram Nguyen Thi Thanh1 </b>

Law Faculty, Vinh University

<b>Ly Mai Nguyen </b>

Law Faculty, Vinh University

<b>Abstract</b>

Human rights are a growing concern in Vietnam, especially after the adoption of the Constitution of
2013. This Constitution is a basis for promulgating and completing the legal provisions on human
rights in the enforcement of criminal rulings. Due to confinement, prisoners’ human rights are
controlled and limited in certain degrees. As a result, prisoners’ human rights are easily violated.
The consequences of those violations are serious when it comes to fundamental rights such as the
right to live, the right to be ensured a proper living standard, as well as political rights. In order to
protect prisoners’ human rights, many Governments have proposed and enacted many provisions
based on international standards and their domestic backgrounds. Ensuring human rights includes
various methods and measures. One of the most important measures is institutionalization by legal
regulations on the basis of international legal criteria. Through studying the laws of some countries
and international standards, this paper argues that Vietnamese laws have been compatible with
international legal norms, especially the special human rights of prisoners. However, there remains
several shortcomings and limitations in the laws. After observing the measures to ensure human
rights from other countries, this paper also draws some lessons, from which some solutions are

suggested to better protect human rights of prisoners in Vietnam.

<b>Key words: Legal protection, prisoner, Vietnam.</b>

<b>I. Introduction</b>

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or the lack of sanitary conditions. Once prisoners’ dignity and other human rights are undermined,
the purpose of imprisonment would be unsuccessful. At the end of the sentence, the outer community
will receive individuals full of revenge and dissatisfaction with the remaining part of society, instead
of educated and skilled people. Hence, it is necessary to acknowledge the fundamental human rights
of prisoners and protect those people from being violated. In this paper, the authors only research the
rights of imprisoned people who are serving criminal sentences, not untried prisoners.

Human rights are natural rights, coming into existence when a person is born and inherently
impossible to be deprived or restricted by anyone. As mentioned above, due to incarceration, inmates
cannot have ‘full’ human rights compared to free people such as enjoying public entertainment
activities. Further, even when inmates can conduct their human rights, some of the rights are still
restricted by the penitentiary rules. However, since the prisoners are only deprived of freedom,
their fundamental human rights need to be respected and ensured. One of many solutions to protect
prisoners’ human rights is the legalization of those rights. Then, the officers at penitentiaries have to
implement the minimum rules specified in law to ensure the human rights of prisoners. If not, those
officers have to bear the liabilities for violations.

Based on that demand, international human rights organizations have introduced many guidelines
for national authorities for the treatment of prisoners. Many countries have also discussed and became
member states of conventions on protecting the human rights of prisoners. Those regulations, both
identify standard minimum rules for the treatment of prisoners and determine the responsibilities of
authorities relating to the execution of imprisonment.

Regarding human rights, Vietnam has been actively engaged in the protection of human rights
in general, and the human rights of prisoners in particular. Vietnam has become a member state
of multiple conventions on human rights as well as transferring international provisions into the
domestic legal system. Vietnam also enacted various regulations to detail rights suitable with features
of the country. Those regulations are to ensure applicability in reality. By researching international
regulations and some countries’ laws, this paper will illuminate two arguments. First, Vietnamese
laws has protected the human rights of prisoners. However, the implementation of these laws still
bears several shortcomings. Therefore, the second argument is that some provisions of Vietnamese
laws on the human rights of inmates need to be altered and improved.

To clarify those above arguments the paper is structured as follows: Part II summarizes standard
minimum rules in international conventions in which Vietnam is a State member. Part III explains
how appropriate Vietnamese laws on human rights of inmates has been to those international norms
in Part II. Part III also mentions some countries’ laws as references to examine Vietnamese laws.
Based on those findings, part IV suggests some solutions to improve Vietnamese laws before reaching
conclusions in Part V.

<b>II. Human rights of prisoners in international laws </b>

<i><b>1. Human rights of prisoners in international human rights treaties</b></i>

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and compromises stated at a convention. In other words, this paper will comment on whether Vietnam
fulfils its commitments to the field of human rights of inmates.

The primary document is the Standard Minimum Rules for the Treatment of Prisoners. This
document was adopted by the United Nations in 1995 (hereinafter referred as ‘SMR’) in the first

meeting of the United Nations on preventing crimes and treatment of convicts. The SMR is the
first legal document to recognize that political, social and economic factors considerably affect the
treatment of prisoners in reality1_{. From that understanding, SMR proposes minimum rules as standards}

that could be applied by countries regardless of their features. There are two parts in SMR2_{. The first}

part sets the basic principles for all types of lawbreakers at all kinds of institutions. Part two directly
regulates prisoners under sentence. The members of SMR need to obey principles at both parts in the
management of inmates.

The next document is the International Covenant on Civil and Political Rights (hereinafter
referred to as ‘ICCPR’). This Covenant was enacted in 1966 and is available for all countries to
ratify and become members. ICCPR requires all member states to protect human rights, including the
human rights of imprisoned individuals. Under the ICCPR, the majority of human rights of prisoners
at prisons are civil and political rights which directly relate to the dignity and lives of prisoners.
ICCPR confirms that member states are mainly responsible for ensuring that those rights are respected
and conformed.

Besides, there are several documents containing rules for the treatment of prisoners. Those are the
Universal Declaration of Human Rights 1948 (hereinafter referred as ‘UNDP’), Basic Principles for
the Treatment of Prisoners 1990, Convention against Torture 1984, Bangkok Rules 2010. Along with
SMR, those documents have built a legal system on the fundamental human rights of prisoners. Based
on that, not only could incarcerate people be effectively protected from inhumane and degrading
treatments, but they could also defend themselves against violating behaviours from authorities.

As regulated in universal conventions, prisoners, whether in private of public institutions, are
entitled to many groups of rights such as the rights to safety and dignity; the right to live in, proper
living conditions; the right to complain, request and access legal assistance; and other civil and
political rights. The next part will summarize four main groups of rights in the above international
documents as a benchmark to assess Vietnamese laws.

<i><b>2. Standard minimum rules for the treatment of prisoners in international human rights law</b></i>

<i><b>Firstly, the rights to physical security, honour and dignity </b></i>

This group of rights is so essential that they significantly affect prisoners’ lives in the execution
of criminal rulings. Since prisoners are human beings, they deserve to be treated with respect despite
the economic development level of the country and categories of crime3_.

1 _{Standard Minimum Rules for the Treatment of Prisoners, s 2.}
2 _{Standard Minimum Rules for the Treatment of Prisoners, s 4.}

3 <i>_{Nguyen Dang Dung, Pham Hong Thai, Trinh Quoc Toan, Vu Cong Giao, La Khanh Tung, Human rights (Collection}</i>

<i>of comments, recommendations of Convention Committee of United Nations), (Law Department, National University </i>

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The UNDP mentions that ‘everyone has the right to life, liberty and security of person’1_{. In}

line with that section, UNDP also affirms that ‘no one shall be subjected to torture or to cruel,
inhumane or degrading treatment or punishment’2_{. The body and health of prisoners are protected}

by provisions against torture. One of the many conventions is the Convention against Torture 1984,
in which member states must criminalize torture and other behaviours or punishments aiming at
causing physical pains for humans in general, for prisoners in particular. Further, SMR has specific
provisions to ensure prisoners’ dignity. For example, clothing of inmates must be uniform to prevent
humiliation or discrimination3_{. The penitentiaries are banned from using confinement instruments}

such as handcuffs, chains, iron, and straitjackets to punish prisoners4_{. Along with that, the Basic}

Principles for the Treatment of Prisoners 1990 forbids discrimination on the grounds of prisoners’
legal situation, gender, national or social origin, or other status5_.

To summarize, except for freedom and some restrictions associated with confinement, member
states must ensure that inmates are safe and treated with respect as human beings.

<i><b>Secondly, the rights to live in a proper condition</b></i>

As a requirement of custody, prisoners must stay in prisons designed for incarceration. That
means limited space for accommodation, limitations on relaxation and recreation, standard meals,
and so on. Among many aspects of a proper life, this paper will focus on the following groups of
rights: (1) categorization of inmates; (2) food, accommodation, and clothing; (3) medical care.

<i>Categorization</i>

Based on different factors such as genders, crimes and age, prisoners need to be categorized6_.

Female convicts must be separated from male convicts. Juvenile offenders should be confined far from
adults7_{.Categorization ensures suitable living conditions for all kinds of prisoners, avoiding risks and}

unexpected consequences. For example, an adolescent might be bullied by grownup inmates.

<i>Food, accommodation, and clothing </i>

Food

Clearly, prisoners need to have enough nutrition to live, especially when working and studying
under the penitentiary’s rules. Regarding food, SMR suggests that ‘(1) Every prisoner shall be provided
by the administration at the usual hours with food of nutritional value adequate for health and strength,
of wholesome quality and well prepared and served. (2) Drinking water shall be available to every

prisoner whenever he needs it’8_{. SMR suggests the requirement of food in general since cuisines in}

different countries are various.

1 _{Universal Declaration of Human Rights 1948, s 3.}
2 _{Universal Declaration of Human Rights 1948, s 5.}

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Accommodation

SMR requires that in public or private prisons, prisoners must have separated living quarters,
except in special cases such as overcrowding1_{. Moreover, all accommodation provided shall meet}

requirements of health, air, lighting, heating, and ventilation’ depend on climatic conditions2_{. The}

prisons must install adequate sanitation systems for all occupants’ needs3_{. Sanitary installations in a}

clean and decent manner would prevent risks of diseases and other physical issues.

Regarding the population of prisoners in prisons, SMR instructs that ‘it is not desirable to have
two prisoners in a cell or room’4_{. Put another way, the number of prisoners in the penitentiary should}

be equal to the number of cells, each used for only one convict. This is because overcrowding in
prisons likely causes problems such as security issues, bullying or hygiene issues.

Clothing

Prisoners must have clothes, blanket, and personal items suitable for weather conditions and

enough to keep him in good health5_{. Not only that, the prisons must have facilities to keep clothes}

clean, dry and hygienic6_.

<i>Medical care regime</i>

With the characteristics of a common living place for many people, prisons have many potential
risks of causing and spreading diseases among prisoners, staff, their relatives and the whole society7_.

Therefore, the penitentiary shall be deliberated in prevention and treatment of diseases such as
conducting regular health care check for prisoners8_{. Accordingly, international laws require that each}

prison must have at least one qualified medical officer who should have knowledge of psychiatry9_.

In special cases, specialized officers are available, such as dental officers or nurses for pregnant
prisoners10_{. Facilities, equipment, and medicine in the prisons must meet the medical care and treatment}

requirements of sick prisoners. Serious patients must be transferred to civilian hospitals11_.

<i><b>Thirdly, the right to complain and access legal assistance</b></i>

<i>The right to complain</i>

<i>Exercising the right to complain and request are important tools to enable inmates to protect their </i>
legitimate rights and interests. A simple and efficient complaint mechanism would prevent violations,
keep prisoners safe and mitigate risks of staff reprisals12_{. The SMR suggests four criteria as follow:}

1 _{Standard Minimum Rules for the Treatment of Prisoners, s 9 (1).}
2 _{Standard Minimum Rules for the Treatment of Prisoners, s 9 (3).}
3 _{Standard Minimum Rules for the Treatment of Prisoners, s 13.}

4 _{Standard Minimum Rules for the Treatment of Prisoners}_{, s 9.}
5 _{Standard Minimum Rules for the Treatment of Prisoners, s 17 (1).}
6 _{Standard Minimum Rules for the Treatment of Prisoners, s 17 (2).}

7 <i>_{Adam Stapleton, Dirk van Zyl Smit, Dilafruz Nazarova, A Compendium of Comparative Prison Legislation (1}</i>st_ed,

Penal Reform International, 2008) 28.

8 _{Standard Minimum Rules for the Treatment of Prisoners, s 21.}
9 _{Standard Minimum Rules for the Treatment of Prisoners, s 22 (1).}
10 _{Standard Minimum Rules for the Treatment of Prisoners, s 22 (3), s 23.}
11 _{Standard Minimum Rules for the Treatment of Prisoners, s 22 (2).}

12 <i>_{Adam Stapleton, Dirk van Zyl Smit, Dilafruz Nazarova, A Compendium of Comparative Prison Legislation (1}</i>st_ed,

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‘(1) Every prisoner shall have the opportunity each weekday to make requests or complaints to
the director of the institution or the officer authorized to represent him.

(2) It shall be possible to make requests or complaints to the inspector of prisons during his
inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting
officer without the director or other members of the staff being present.

(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to
substance, but in proper form, of the central prison administration, the judicial authority or other
proper authorities through approved channels.

(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly
dealt with and replied to without undue delay’1

<i>The right to access legal aid</i>

When being captive, prisoners still have right to access legal assistance. SMR even requires that
the captive person has private space to consult with his legal assistant2_{. Since the prisoners might face}

some legal issues related to their families or their assets outside the prison, they need to consult a legal
adviser. However, because of the incarceration, this right would be restricted in some way.

<i><b>Fourthly, some other civil and political rights</b></i>

Prisoners are still guaranteed several other political and civil rights such as the right to work,
study, entertainment, belief and access to information outside of prisons. However, the civil and
political rights of prisoners are restricted compared to freemen. In other words, other civil and political
rights of a person serving imprisonment penalties are exercised only within a certain time and space.
To explain and clarify this point of view, the article analyses the right to work, the right to access to
information, and the right to religious beliefs.

<i>The right to work</i>

Prisoners are assigned jobs suitable to their health and the conditions of the detention facilities.
Labour activities are not of an afflictive nature but are to educate and improve inmates’ skills3_{. They}

shall work under labour laws on working hours, recreation time, labour protection and so on 4_{. In}

addition, the prisoners’ labour outputs are used to enhance the quality of their daily meals, as rewards
to encourage inmates to perform well in the education program and to constitute a savings fund on
their release5_.

<i>The right to access information</i>

This right includes the right to visit, see family, relatives and the right to information. The
implementation of this right not only helps prisoners maintain their relationships, but also encourages
them to voluntarily obey the orders of the institutions in order to be released. However, all the visits
and exchanges of information between inmates and their family and other people outside are controlled
1 _{Standard Minimum Rules for the Treatment of Prisoners, s 36.}

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by the staff for security reasons1_{. Besides, all inmates are able to update information through reading}

newspapers, reading publications and books from the library, listening to the radio,...

<i>Freedom of belief and religion</i>

Article 8 of the UDHR stipulates that everyone has the right to freedom of thought, conscience,
and religion. This right includes the freedom to change one’s religion or belief. Individuals are also free
to express their religion or belief by practicing, worshiping rituals either individually or collectively,
in a community or in private.

Article 18 (2) of ICCPR goes on to state: ‘no one shall be subject to coercion which would impair
his freedom to have or to adopt a religion or belief of his choice’. This right is limited only by law
when necessary to maintain security, public order, health, and social morality or to protect the basic
rights and freedoms of others. Therefore, it can be seen that the inmate has the right and is guaranteed
the necessary conditions to enjoy that right. However, there will be certain restrictions from the
conditions of detention that make this right a non-absolute right.

SMR also details in section 41 that a qualified representative of a religion shall be appointed
or approved if there are sufficient numbers of prisoners of that religion in the prison. To the extent

permitted, inmates are allowed to participate in the ceremonies, to own scriptures and to express their
religion2_.

In summary, international laws clearly and specifically define the basic human rights that need to
be guaranteed. Based on the minimum standards recognized in international documents, the following
content will assess the provisions of Vietnamese law in ensuring human rights in the execution of
prison sentences.

<b>III. Human rights of prisoners in Vietnamese law</b>

Vietnam always strives to actively participate in international documents to recognize and protect
human rights in general and the rights of prisoners in particular. Specifically, Vietnam has actively
become a member of international conventions, and at the same time codified the contents of those
conventions into the domestic legal system. Vietnam’s law on enforcement of criminal judgments
affirms the application of imprisonment penalties. The isolation of offenders from society is meant
to educate and help prisoners re-integrate into the community rather than punishing or tormenting
them. The specific content of the next part will clarify the Vietnam’s system of legal documents that
have been supplemented to be compatible with international criteria for ensuring the human rights of
prisoners.

In this section, the authors evaluate Vietnam’s laws based on standards in international
instruments. Besides, the article also reviews Vietnam’s laws along with the laws of some countries
from different continents: South Africa from Africa, Czech Republic and Germany from Europe, the
United States of America and Canada from America, Thailand from Asia. The reference to foreign
laws is not intended to compare and assess Vietnamese laws. It is because, as explained above, the
laws on human rights of prisoners depend considerably on nations’ specific socioeconomic conditions.
1 _{Standard Minimum Rules for the Treatment of Prisoners, s 37.}

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Instead of criticism, the study of foreign laws brings a more comprehensive and objective view in

the research of Vietnamese law. Also, the foreign laws could be valuable sources for Vietnamese
legislators in the process of drafting and enacting laws.

In a general sense, human rights of prisoners in Vietnam have been legally guaranteed. Vietnam’s
Constitution of 2013, the highest law of Vietnam, affirms that: ‘In the Socialist Republic of Vietnam,
human rights in political, civil, economic, cultural and social fields are recognized, respected,
protected and guaranteed under the Constitution and the laws’1_{From that constitutional basis, human}

rights of prisoners are detailed in the provisions of other legislation including decrees, ordinances,
and decisions. For example, Law on Execution of Criminal Judgments of Vietnam 2019 has new and
progressive provisions on supplementing the rights and obligations of prisoners. Accordingly, the
laws allow an offender to have the following specific rights:

‘a. Protection of life, health, property, respect for honour and dignity; to be informed about its
rights and obligations, as well as internal rules of prisons;

b. Guaranteed diet, accommodation, clothes, recreation, medical care as prescribed; to be able to
send and receive letters, gifts and money; read books, listen to radio and television.’2

By listing rights, this provision is vibrant, transparent and clearly shows the scope of application.
Nevertheless, the method of listing provisions in current laws might cause undesirable problems. One
evident problem is that the human rights of prisoners are only conducted if they are mentioned in the
laws. That means, if a particular right is not in the law, inmates could not enjoy that right despite the
actual need.

Looking at specific groups of rights, Vietnamese laws are reasonably adequate for individuals
and organizations to apply in practice. The following section reviews the compatibility and limitations
of Vietnamese law in each group.

<i><b>Firstly, the right to physical security, honour, and dignity of prisoners at detention facilities</b></i>

Prisoners in Vietnam have been protected from violations of their bodies, honour, and dignity by
laws such as the Constitution of 20133_{and the Criminal Procedure Code of 2015}4_{. Those legislations}

have been in line with international laws. Not only do the laws recognize the rights, but they also
regulate liabilities for those breaking these laws. For example, the Criminal Procedure Code of
Vietnam 2015 stipulates that procedural agencies and relevant agencies are responsible for the actions
and decisions that impair the physical security, honour or dignity of inmates. Depending on the nature
and severity of these agencies’ violations, they might bear administrative or criminal liability. The
determination of specific sanctions reflects the responsible attitude of the Vietnamese government in
ensuring the human rights of prisoners.

Similarly, the United States of America (referred as the U.S.) also applies strict rules to guarantee
physical security and dignity of inmates. Eighth Amendment of Constitution of the U.S. protects
prisoners from the requirement of excessive bail, being imposed excessive fines and the infliction of
1 _{Constitution 2013 of Vietnam, s 14 (1).}

2 _{Law on Execution of Criminal Judgments 2019 of Vietnam, s 27.}
3 _{Constitution 2013 of Vietnam, s 20.}

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cruel and unusual punishments1_{. For instance, the correctional officials have to ensure that the facility}

<i>conditions in prisons are not cruel and unusual, as ‘confinement in a prison or in an isolation cell is a </i>
form of punishment subject to scrutiny under Eighth Amendment standards’2_{. Therefore, when officials}

at Alabama Department of Corrections failed to protect inmates from prisoner-on-prisoner violence,
prisoner-on-prisoner sexual abuse and failed to provide safe conditions3_{, Department of Justice of the}

U.S conducted an investigation to discover whether Alabama’s prisons violate the Eighth Amendment
on rights of inmates4_{. Along with Constitutional laws and statutory laws, the Standards on the Treatment}

of Prisoners of the American Bar Association (the Standards) 5_{is “a source of insight and authority for}

judges, legislators, and government officials who are aiming to rationalize and improve the criminal
justice system”6_{and contributes considerably to the legal protection of prisoners’ rights in America}7_.

The Standard confirms that as ‘the loss of liberty and separation from society is sole punishments of
convicted prisoners’, correctional authorities should respect the human rights of prisoners8_.

In principle, Vietnamese laws are consistent with the Convention against Torture on the rights to
physical security. Nonetheless, when it comes to the definition of ‘torture’ under the Convention, no
laws of Vietnam provide the same definition, even in the Law on Execution of Criminal Judgments
of 2019, a recently promulgated legislation9_{. In other words, torture will be punished only when it}

is serious enough to be punishable for the crime of enacting corporal punishment or the crime of
intentionally causing injury. Therefore, prisoners’ human rights might be harmed in some cases.

<i><b>Secondly, the right to have an adequate living standard</b></i>

Current Vietnamese laws have regulated the rights of inmates to live properly in the penitentiary.
These legislations include the Law on Criminal Enforcement 2019 and Decree No.
117/2011/ND-CP of the Government on the management and organization of prisoners and the food, clothing,
accommodation, health care of prisoners. Decree No. 117/2011/ND-CP was amended by Decree No.
90/2015/ND-CP (hereinafter referred as Decree No.117/2011/ND-CP)

<i>Categorization of prisoners</i>

Based on the types of offences and sentences, a prison consists of two detention areas: (1)
Detention area for people who are sentenced to imprisonment for over 15 years, life imprisonment
1 <i>_{Price v. Johnston [1948] 334 U.S. 266 [1948], [285].}</i>

2 <i>_{Hutto v. Finney [1978] 437 U.S.678 (1978), [685].}</i>

3 _{U.S Department of Justice; Investigation of Alabama’s State Prisons for Men, April 2, 2019, p1 <tice.}

gov/crt/case-document/file/1149971> accessed 5 August 2019.

4 _{U.S Department of Justice; Investigation of Alabama’s State Prisons for Men, April 2, 2019, p1 <tice.}

gov/crt/case-document/file/1149971> accessed 5 August 2019.

5 _{American Bar Association, ‘Standards on Treatment of Prisoners’, December 05, 2018 <ricanbar.}

org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners>
accessed 2 August 2019.

6 <i>_{Schlanger, Margo, Regulating Segregation: The Contribution of the ABA Criminal Justice Standards on the Treatment}</i>

<i>of Prisoners, Am. Crim. L. Rev. 47, no. 4 (2010): 1421-40, 1422.</i>

7 _{Schlanger, Margo, Regulating Segregation: The Contribution of the ABA Criminal Justice Standards on the Treatment}

of Prisoners.” Am. Crim. L. Rev. 47, no. 4 (2010): 1421-40, 1426-1427.

8 _{Criminal Justice Section, CJS Publications, ‘The Standards on Treatment of Prisoners’, Standard 23-1.1 (d) <https://}

www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_

treatmentprisoners/#23-1.1> accessed 6 August 2019.

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and people with dangerous re-offending; (2) Detention areas for people sentenced to up to 15 years
or less of imprisonment or trustees who had their sentences reduced to less than 15 years. The prison
also has separate detention facilities for female, juvenile, foreigner, people with group A of infectious
diseases, prisoners with mental health problems, inmates who often violate prison rules, inmates with
children under 36 months of age and so on1_.

Those provisions for the classification of inmates are fully compatible with international laws.
For example, the categorization of wrongdoers based on gender or age are in accordance with SMR.
Additionally, compared to the laws of Germany2_{, Vietnamese lawmakers are up to date with the recent}

social changes when the current law has been added two criteria to categorize prisoners compared
to the law in 20103_{. The first group is the prisoners who are gay, lesbian, transgender, bisexuals,}

and of unidentified gender. The second group is female prisoners with children under 36-month-old.
The supplementation of these criteria to classify prisoners is the Government’s acknowledgement of
social changes: the existence of third genders as well as the increase of female prisoners with babies.

<i>Food and diet</i>

In terms of diet, prisoners in Vietnam are guaranteed monthly quantitative standards of food.
Prisoners are served standard meals and boiled water4_{. Detainees also are able to enjoy food from}

their family or spend money earned from work on improving their meals5_{. To guarantee hygiene,}

Section 48 (3) of the Law on Execution of Criminal Judgments of Vietnam 2019 requires that the
preparation and cooking of food for prisoners that are done by prisoners need to be supervised by the
staff in detention institutions.

The laws specify the quantity of food and seasoning for prisoners in great detail. For instance,
one prisoner is granted 17kg of rice; 0.75 litres of fish sauce; fuel equivalent to 17kg of firewood
or 15kg of coal6_{. Particularly, for holidays and traditional New Year’s Eve, prisoners are granted 5}

times the standard meals7_{. For inmates who work in heavy or hazardous work conditions, the quantity}

of food may be increased, but not exceeding 02 times of the standard meals8_{. For prisoners such as}

pregnant women and those with children under 36 months and adolescents, the current law increases
up to 20-30% of protein from meat and fish compared to standard meals9_{. The above provisions are}

really appropriate since those prisoners need to have more nutrition than ordinary people to stay
strong and healthy.

In comparison with the standards in SMR, Vietnamese laws did detail the amount of food for
prisoners. Not only that, the laws also adjusted the nutritional standard for prisoners based on the
growth of national income. For example, if an average prisoner received 15 kg of rice, 0.8 kg of meat
1_{Law on Execution of Criminal Judgments 2019}_{of Vietnam}_{, s 30.}

2_{For instance, section 40 of Act Concerning the Execution of Prison Sentences and measures of Rehabilitation and}
Prevention Involving Deprivation of Liberty (referred as Prison Act) of Germany 1976 (as amended in 2013) does not
instruct the classification of inmates having gender different with male and female.

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and fish in 19931_{, a prisoner nowadays is granted 17kg of rice; 1,5kg of fish and meat}2_{. Based on}

reality, the authors believe that the amount of food is relatively consistent with the living standards of
the Vietnamese people.

Besides, the laws of Vietnam allow the inmate to consume food from outside at his own expense3_.

Thailand’s Criminal Code also governs that receiving food from outside is one of the inmates’ rights
in the country4_{. The permission to consume outside food is progressive since inmates’ families would}

like to strengthen their health. Nonetheless, they only retain this right with deliberate surveillance of
the staff. The authors believe that it is necessary to supervise the food from outside since those foods
might inflict diseases for inmates.

Instead of measuring by the kilogram, South African law quantifies food based on calories5_{. The}

amount of calories allocated depends on gender, age and weight6_{. For example, adult female prisoners}

must be provided with 2000 kilocalories while male prisoners need 2500 kilocalories per day7_{. In addition}

to quantitative requirements, the country’s law also requires the diet to provide all five essential groups
of nutrition: protein, carbohydrates, fats, calcium and fiber8_{. According to the recommendations for a}

healthy diet, the World Health Organization does not mention the difference between quantifying food
in calories or kilogram9_{. In other words, the laws of Vietnam and South Africa have provisions to ensure}

sufficient quantities of food for prisoners. However, the authors believe that South African law, which
requires diets must provide five food nutrition groups, would be better to ensure the comprehensive
development of prisoners, especially pregnant or juvenile prisoners.

<i>Accommodation</i>

Regarding living conditions and facilities in the cells, Vietnamese laws have quite detailed
provisions for some criteria. In particular, prisoners are to stay in shared cells, with a minimum of
02 m2_{of surface area for lying down for each prisoner on wood, ceramic tiles, or bedding}10_{. Prisoners}

with young children shall be allocated a minimum surface area of 03 m2 11_{. However, conditions}

regarding accommodation such as the quality of the living space, lighting or amenities such as
baths and toilets have not been mentioned. Meanwhile, the laws of some countries have transferred
the provisions of international laws on the minimum living space for prisoners into domestic laws
quite comprehensively. For example, besides beds, Canada’s Regulation provides specific sanitary
equipment, as well as indoor and outdoor recreation areas12_{. South African laws, even require the}

1_{Decree 60/CP of the Government of Vietnam 1993, s 16 (1).}
2_{Decree No 117/2011/ND-CP of the Government of Vietnam, s 8 (1).}
3_{Law on Execution of Criminal Judgments 2019 of Vietnam}_{, s 48 (2).}
4_{Penal Code, B.E.2499 1956 (amended in 2003) of Thailand, s 25.}

5_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 4(1).}
6_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 4(1) (a)(b).}
7_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s4.}

8_{Correctional Services Regulations 2004 (as amended in 2012 of South Africa), s 4(2).}

9<i>_{World Health Organization, ‘A healthy diet’ (}</i>₂₀₁₈₎<sub>< />fbclid=IwAR0wtc1uEp6clvZg6YVrnDuALjYksgqbmXP1GyvQGgWJ8HItJBg8x5hFCdY>accessed 10/10/2019.
10_{Decree No 117/2011/ND-CP of the Government of Vietnam, s 9 (2).}

11_{Decree No 117/2011/ND-CP of the Government of Vietnam, s 9 (2).}

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separation of general sleeping and inpatient hospital accommodation1_{. Any cell utilized for the}

housing of prisoners must be sufficiently lit by natural and artificial lighting covering at least 10% of
the floor area2_{. Not only that, every prison must have sufficient and accessible ablution facilities that}

must be available to all prisoners at all times3_.

With respect to the prison population, Vietnamese lawmakers have understood the necessity of
regulating the population density of prisoners in prisons to control unexpected consequences related
to the health and security of prisoners. Based on the capacity of prison systems, the current legislation
determines the maximum number of prisoners in each type of prisons. As such, there are from 2000
to 5000 inmates in prisons managed by the Ministry of Public Security Ministry. In each division in
those prisons, there are up to 1000 inmates4_{. Every prison managed by the Ministry of Defence can}

have up to 500 inmates5_{. However, the above restrictions on the number of inmates are not totally}

compatible with SMR. This is because there is a lack of specific regulations on the infrastructural
conditions of prisons that can serve 2000 or 5000 prisoners. It is likely that there might be more than
one prisoner in one cell.

In comparison with U.S. laws, Vietnamese laws have shown some similarity in the limit on the
number of prisoners. U.S. lawmakers have made efforts to make sure prisoners live in a proper living
space. Although overcrowding is not unconstitutional, U.S. laws affirm that being incarcerated within
a large population in prisons will limit the individual rights of prisoners. The judges believed that
once diseases are spread, prisoners have to wait for long to see doctors for physical care6_{. Therefore,}

despite the fact that this country has the largest prison system since 19737_{and the highest rate of}

incarceration8_{in the world, the Courts demand prisons to obey the rules on the number of inmates}

since overcrowding easily leads to unsafe and unsanitary conditions that increase health issues9_.

Overall, the laws of Vietnam for the accommodation of prisoners have been fundamentally
compatible with the international laws and foreign laws. However, prisoners in Vietnam might live in
improper living conditions when the laws on the quality of living spaces, lighting and other conditions
for prisoners remain vague.

<i>Clothing and bedding</i>

Regarding clothes, Vietnamese laws have regulations that are well-matched with international
standards. For example, the allocation seasonal belongings for prisoners in Vietnam are suitable with
SMR’s requirement that clothing must be appropriate to the climate and weather of the detention
place10_{. Furthermore, Vietnam’s laws are also similar to the laws of Peru, South Africa, Germany, the}

1_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 3 (1).}
2_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 3 (2)(c).}
3_{Correctional Services Regulations 2004 (as amended in 2012) of South Africa}_{, s 3 (2)(d).}
4 _{Decree No 117/2011/ND-CP of the Government of Vietnam, s5 (1).}

5 _{Decree No 117/2011/ND-CP of the Government of Vietnam, s5 (2).}
6 <i>_{Brown v. Plata [2011] 563 U.S. 493 [2011], [495].}</i>

7 <i>_{Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America (Yale University Press; 2009), 1.}</i>
8 <i>_{José Luis Morín, ‘Latino/as and U.S. Prisons’ in Suzanne Oboler (eds), Behind Bars, (Palgrave Macmillan, New}</i>

York, 2009), 17.

9 <i>_{Brown v. Plata [2011] 563 U.S. 493 [2011], [495].}</i>

10 _{Law on Execution of Criminal Judgments 2019 of Vietnam allows prisoners in the southern region are given fiber}

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<b>PART 2 - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS </b>

Czech Republic1_{. In prisons, captive people in Vietnam wear uniforms. This regulation ensures that}

prisoners are equal, avoiding discrimination by the costumes. Along with that, the law of Vietnam also
has regulations to ensure personal hygiene when requiring each prisoner to be provided with personal
items such as underwear, towels, mats, toothbrushes and so on. Those regulations are sufficient to
ensure living conditions for prisoners.

<i>Right to medical care</i>

The laws governing this matter are appropriately detailed. For example, detainees in Vietnam are
entitled to disease prevention and regular health checks. The ill or injured ones shall be examined and
treated at medical examinations. If the illness is serious or the injury is beyond the treatment capacity
of the custody institution, the patient must be transferred to central civil hospitals2_{. Law on Execution}

of Criminal Judgments of Vietnam 2019 also covers all aspects relating to medical examination and
treatment of ill inmates such as separate rooms in the hospital, diets, medicines, and funds3_.

However, the Vietnamese government needs to regulate the Law on Execution of Criminal
Judgments of Vietnam 2019 when compared with Canadian law on this right of prisoners. It is
because the laws of Canada take into consideration voluntary consent and the knowledge of the
inmate on his illness and the suggested treatment. As an illustration, merely when a mature inmate
gives an informed consent based on officer’s advice about the illness, a treatment shall be given to
him except for special cases4_{. The inmate always can refuse treatment or withdraw from treatment at}

any time5_{. If the ill inmate cannot understand his illness status, the applicable provincial law will be}

applied. Though the ill convict might express their acceptance of the treatment in reality, the authors
believe that the presence of such provisions would avoid unexpected consequences for both patients
and doctors.

In a nutshell, Vietnamese laws concerning the minimum proper living standard for prisoners are
fairly comprehensive, especially for food and clothing. However, there are requirements for further
details on the current laws on infrastructures in institutions and the consent of inmates in treatment.
As a result of the absence of legal provisions, prisons could neglect investment in facilities, then the
prisoners will not be able to live in a standard habitat. Also, since medical treatment is for the health
of inmates, it is necessary to seriously consider consent and full recognition of them in laws.

<i><b>Thirdly, the right to complain and access legal aid</b></i>

<i>The right to complain</i>

Based on the principles of international laws, Vietnamese laws have protected prisoners from
unlawful decisions and actions of staff in custoial institutions. The Law on Execution of Criminal
Judgment 2019 provides that inmates have the right to make complaints about the staff’s behaviours if
1 _{Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 5; Act Concerning the Execution of}

Prison Sentences and measures of Rehabilitation and Prevention Involving Deprivation of Liberty (Prison Act) 1976
(as amended in 2013) of Germany, s 20, s 132; Imprisonment Act 1999 of Czech Republic, s 16 (3).

2_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 55.}
3_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 55.}

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
there are evidence of infringements of prisoners’ lawful rights and interests1_{. The Law also determines}

the responsibilities of officers having obligations in handling complaints. For example, the Head of

the district-level People’s Procuracy has to settle complaints about illegal decisions and acts in the
management and education of offenders2_{. The Head of the People’s Procuracy at the provincial level}

shall address the complaints against decisions of the Head of the People’s Procuracy at district level3_.

Within 24 hours after receiving complaints from prisoners, heads of institutions, heads of agencies
executing criminal judgment, district-level police officers must immediately forward complaints to
the procuracies to settle the complaint4

Based on the analysis of the content of prisoners’ right to appeal in international documents, the
provisions of Vietnamese law have shown certain levels of compatibility. Compared to the previous
law, the current law has governed the mechanism of complaints and agencies having authority to
settle the complaints and timeline. In consultation with the laws of some other countries such as South
Africa and Germany, the provisions of Vietnamese law are reasonably comprehensive. The law of
South Africa stipulates that the Head of the Correctional Centre can handle complaints of prisoners
in custody, including the tasks to be done when receiving complaints about the implementation, and
resolving requests to stop prisoner-to-prisoner violence5_{. To ensure the quality of complaints, German}

law permits inmates to complain with the representative of the controlling authority when he inspects
the institution, even complain about the disciplinary without being prejudiced6_{. Moreover, German}

lawmakers require the prison to hold consultations and receive requests regularly7_.

<i>The right to legal aid</i>

Legal support activities for prisoners during the execution of sentences are necessary and
consistent with international legal criteria on human rights. However, this right in current Vietnamese
law seems vague. On the one hand, both the Article on the Scope of lawyers’ practices8_{and Article on}

Rights of prisoners in the Law on Execution of Criminal Judgments 20199_{does not prohibit lawyers}

to visit and consult with inmates. Nevertheless, there is no legal provision saying that detained people
could see his legal representative in the detention institutions. Without any regulations on this matter,
the application of the right to access legal aid of prisoners might face many obstacles. The staff in the
prisons might refuse the visit of lawyers by referring to the absence of legislative provisions on the
right to meet with a lawyer.

Regarding the right to legal aid, the laws of other countries have specific provisions on the right
to legal assistance from lawyers during the sentence execution period. According to South African
law, every prisoner has the right to consult on any legal matter with his legal practitioner at his
own expense10_{, although this right might be restricted by the Minister’s regulation except for legal}

1_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 176 (1).}
2_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 178 (8).}
3_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 178 (8).}
4_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 185.}

5_{Correctional Services Act 1998 (as amended in 2015) of South Africa, s 21 (1), (2), (3).}
6_{Prison Act 1976 (as amended in 2013) of Germany, s 108.}

7_{Prison Act 1976 (as amended in 2013) of Germany, s 108.}
8_{Law on Lawyers 2010 of Vietnam, s 22.}

9_{Law on Execution of Criminal Judgments of Vietnam 2019, s 27 (1).}

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confidentiality. Similarly, prisoners governed by German law have the right to contact and receive

support from lawyers without restriction or the influence of the officers in prisons1_.

Thus, the laws on the right to complain of convicts in Vietnam are appropriate for the factual
demand as well as the international suggestions. When it comes to the right to access legal advice,
there are no specific provisions allowing an imprisoned person to see his legal representative in the
prison. This limitation would harm prisoner’s right in certain cases.

<i><b>Fourthly, several other civil and political rights</b></i>

<i>Labor rights of prisoners</i>

Stemming from the appropriate awareness that labour is not to punish prisoners, current
Vietnamese laws have been well-matched with international laws on working conditions2_{, the way}

of labour organization3_{, the purpose of work in prisons}4_{. Initially, the laws require that the annual}

labour organization plans must be made and approved by the Executive Management Agency before
implementation in practice5_{. The approval of the Agency ensures the suitability of workload in prisons.}

Secondly, prisoners are assigned jobs based on their age, health, and specific factors. For example,
juvenile convicts, female convicts who are pregnant or those nursing children under 36 months of age
are assigned simple jobs suitable to their health6_.

Not only that, the current laws represent progress when compared to the previous law. First,
inmates’ labour are regulated by current labour laws that have been applied to all employees outside
the penitentiaries7_{. As such, prisoners only work for no more than 5 days a week, no more than 8}

hours per day8_{. This provision on working hours represent progress compared to previous law when}

inmates had to work all days except holidays, New Year and Sundays9_{. Staff in the penitentiaries is}

required to facilitate measures for labor hygiene and labor safety10_.

Under the previous regulation, labour was not seen as a right11_{. Instead, work is a compulsory}

measure to correct and educate offenders. The prisoner’s labour results are used for public interests12_.

They are only entitled to allowances in cases of hard labor or exceeding the standard working time13_.

Moreover, the results of voluntary labour outside the daily working hours shall be used only for
1_{Prison Act 1976 (as amended in 2013) of Germany, s 26.}

2_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 31, s32.}
3_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 33.}
4_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 34.}
5_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 33 (1).}
6_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 32 (2), (3).}
7_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 32 (1).}
8_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 32.}
9_{Decree 60-CP on Prisons Rules 1993 of Vietnam, s 21 (1).}

10_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 31, s32.}

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
improving daily meals and are managed by detention facilities1_{. Altering those provisions, the current}

law has clearer and more complete provisions for the recognition and assurance of the labour rights
of prisoners. Accordingly, prisoners who are directly involved in manufacturing labour will receive
remuneration without needing to work overtime2_{. Besides, prisoners can build-up their savings during}

the time in imprisonment and get them back when they are released3_.

A recent controversial topic relating to the labour right of inmates among Vietnamese legislators
is the right to work outside of prisons. The opposing group finds it difficult to supervise prisoners
outside the penitentiaries. Along with that, it shall be complicated to determine the responsibility for
compensation when prisoners are injured because of accidents outside4_{. Conversely, the supporting}

group argues that it is essential to respect the right to work of prisoners. Once prisoners can work
outside and earn money, they will have more opportunities to learn new skills, then easily re-enter the
community5_{. For example, German laws allow prisoners to work outside prisons. The aims of German}

lawmakers are ‘teaching, preserving or promoting skills and knowledge for earning a livelihood after
release’6_{. However, one cannot say that the law of Vietnam is not as good as German law in this field.}

The authors believe that the existence of arguments on the right to work outside of inmates is a good
start to the process of law improvement. The implementation of this right, however, depends on
several factors such as legal conditions, societal background or prisoners’ acknowledgment.

<i>Right to access information and the right to contact relatives</i>

Vietnamese laws have guaranteed the right of prisoners to access information based on the
principles of international laws. Article 27, Article 50 of the Law on Execution of Criminal Judgments
of Vietnam 2019 provide that inmates can access information from books, newspapers, radio and
television. The fulfilment of this right varies with the facilities of prisons. One might criticize
Vietnamese laws by referring to Article 40 of SMR which states ‘Every institution shall have a library
for the use of all categories of prisoners, adequately stocked with both recreational and instructional
books, and prisoners shall be encouraged to make full use of it’. However, that Article is a suggestion
for countries. Based on that, the national government will facilitate sources of information within
their economic condition. Therefore, it is understandable and acceptable when detainees in Vietnam
could enjoy books but not libraries in the custody institutions.

Regarding the right to contact relatives, the current provisions of Vietnam have followed the
principles of protecting human rights prescribed in the 2013 Constitution and treaties of which
1_{Joint circular of Ministry of Public Security, Ministry of Defense, Ministry of Finance}

No.07/2007/TTLT-BCA-BQP-BTC guiding the labor regime, vocational training and use of labor results of prisoners in prisons of Vietnam, part III.1.
2_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 34 (1) (đ).}

3_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 34 (2).}

4 _{Thai Vu, ‘Prisoners working outside the prison - Various opinions’, Electronic Journal of the People’s}

Court,< accessed 29
October 2019.

5 _{Thai Vu, ‘Prisoners working outside the prison - Various opinions’, Electronic Journal of the People’s}

Court,< accessed 29
October 2019.

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<b>PART 2 - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS </b>

Vietnam is a member. For example, the Law on Criminal Enforcement 2019 provides the frequency
of meetings with relatives1_{. Inmates are permitted to write letters, use telephones and telegrams to}

communicate with family members, but all meetings and contacts must be strictly supervised by

officials for security reason2_{. The current law, even allows prisoners to see their spouses in a private}

room for up to 24 hours3_{. However, only prisoners who reasonably conform the rules are entitled to}

this right. Female inmates, besides, must guarantee that she will not get pregnant. This provision does
not only reflect the humanity of the law, but also ensure security at the detention institutions. At the
same time, this regulation contributes to encouraging inmates to actively improve so that they can
reintegrate into the community soon.

One might doubt the rigidity and feasibility of the provision that female convicts must use a
contraceptive method to prevent pregnancy. This is because no one can supervise and guarantee
the effectiveness of that requirement if the female still deliberately breaks the law to get pregnant.
Notwithstanding, due to the liabilities, inmates will probably follow their commitments.

<i>Right to freedom of belief and religion</i>

Vietnamese law affirms the right to freedom of belief and religion of people in general and
prisoners in particular in the Constitution4_{. Besides, the regulations always show respect and}

consistency in creating favourable conditions for people to exercise their rights such as the Law on
Religions and Beliefs 2016, Law on Execution of Criminal Judgments of Vietnam 2019, and Decree
No.162/2017/ND-CP detailing a number of provisions and measures to enforce the law on religions
and beliefs5_{. Under those legislations, inmates may use scriptures, express their beliefs and religion.}

One might argue that Vietnamese laws still have certain limitations compared to international legal
criteria. Specifically, Law on Execution of Criminal Judgments of Vietnam 2019 does not allow
prisoners to have religious holidays. However, this provision is consistent with the current Vietnamese
law when citizens are only allowed to have public holidays regulated by law regardless of religion or
belief. In other words, the general regulation applies to all religious Vietnamese citizens.

However, Vietnamese law still leaves some content related to beliefs and religions open.
Accordingly, although the Law on Execution of Criminal Judgments 2019 allows prisoners to use
scriptures to express their beliefs and religion, only scriptures in printed versions can be used.
Moreover, there are no detailed provisions in Vietnamese laws to govern the right to participate
in ceremonies with representatives of the religion or belief as well as the full-time work of those
representatives. Therefore, the laws of Vietnam seem narrower than international laws.

In summary, in spite of some vague provisions, the current law provisions on some other civil
and political rights are not only compatible with international laws, but also show similarities with
the laws of other countries. Therefore, it can be affirmed that the Vietnamese government is making
great efforts in recognizing and implementing human rights in practice.

1_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 52.}

2_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 52 (1); Circular of Public Security No. 07/2018/TT-BCA}
of Vietnam, s 3 (3).

3_{Law on Execution of Criminal Judgments 2019 of Vietnam, s 52 (1).}
4_{Constitution 2013 of Vietnam, s 24.}

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From the above-mentioned analysis, the results in the management and education of prisoners
have been recognized and highly appreciated by many international organizations for ensuring the
human rights of prisoners in Vietnam. However, there are still some laws that are not specific or
incomplete in regulating the basic rights of prisoners. From those limitations, the following section
will propose some solutions to improve the law for ensuring the rights of prisoners in Vietnam.

<b>IV. Solutions to improve Vietnamese law on human rights of prisoners</b>

<i>Firstly, altering the law to govern all the rights enjoyed under the principles of the Constitution </i>

<i>and international legal criteria.</i>

Based on the fact that the current legal situation lists specific rights, but might not cover all
the basic human rights of prisoners, it is advisable to change the listing method or change the way
to regulate the human rights of prisoners. Instead of listing rights, lawmakers might list prohibited
behaviours on the part of the prisoners. That means an inmate can know what rights they might have
by excluding all the forbidden behaviours stated in the law. Lawmakers also can follow the list of
fundamental rights in international laws. Rather than listing very specific rights, it is acceptable for
legal documents to only list the main groups of rights that cover all the main aspects. Then, the law
can instruct all unexpected rights that emerge.

<i>Secondly, supplementing some provisions to add to the rights of inmates</i>

From the analyses in part 3, the authors suggest that lawmakers need to add several rights for the
treatment of prisoners. First, adding the definition of ‘torture’ based on the definition of Convention
against Torture. The law on human rights of prisoners needs to have a provision of the conditions
regarding accommodation such as lighting and sanitation systems. Although the sleeping area is vital
for maintaining the health of prisoners, other facilities for other aspects of life are also essential for
prisoners. It is recommended that there should be a regulation on the number of prisoners in a cell, not
the maximum quantity of occupants in prisons. Next, the law should respect the prisoners’ will about
their health. Put another way, the laws need to add conditions to apply treatment for ill prisoners.
Lastly, allow the participation of representatives of religions or beliefs to accomplish the rights to
religion if enough prisons are having the same religion or belief.

<i>Thirdly, detailing current provisions </i>

Since the right to access legal advice is not restricted but also not allowed, prisoners have faced
challenges in exercising this right. Thus, it is suggested that the Government should detail the right
to legal assistance of prisoners.

<i>Last but not least, researching conditions for the implementation of rights in foreign countries </i>
<i>to complete current law</i>

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<b>PART 2 - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS </b>

<b>V. Conclusion </b>

As human rights are natural rights, those rights must be acknowledged and protected by the
government. Based on the fact that the prisoners are merely deprived of liberty and a sense of social
life due to criminal sentences, they still deserve to enjoy other human rights. To safeguard those
rights, international organizations for human rights and national governments have enacted laws on
human rights of detainees.

By reviewing four main groups of rights, it is irrefutable that Vietnamese law has made great
efforts to fix its laws on human rights in general and human rights of prisoners in particular. As a
member state of treaties, Vietnamese laws are fairly compatible with international norms in each
group of rights. As a nation, prisoners in Vietnam grant similar rights to ones in other countries on
continents all around the world.

Nevertheless, there are several limitations in the laws of Vietnam. The excessively specific
provisions of the Law on the Execution of Criminal Judgments, which is a principal law on this
matter, could cause trouble for the authority in implementing the law in reality. The absence of certain
provisions also restricts inmates from enjoying their fundamental rights. Not only that, inmates’
interests might be threatened if lawmakers ignore the will of prisoners. Since the application of the
human rights of prisoners depends considerably on the social, economic, and political features of a
country, there are some rights that are granted in more developed countries while being restricted in
Vietnam. However, Vietnam has always been attempting to enhance the laws for about 30 years. This
direction is suitable because the respect for human rights in general and human rights of prisoners are

essential motivations for the development of a country.

By altering, supplementing and detailing some provisions, Vietnamese legislators might enhance
current laws on the human rights of prisoners. To improve domestic laws, researching foreign laws is
also important to learn new concepts related to human rights.

<b>References</b>

<b>Cases</b>

<i>Price v. Johnston [1948] 334 U.S. 266 [1948], [285] </i>
<i>Hutto v. Finney [1978] 437 U.S.678 (1978), [685]</i>
<i>Brown v. Plata [2011] 563 U.S. 493 [2011], [495]</i>

Statues and statutory instruments
Constitution 2013 of Vietnam

Law on Criminal Procedure 2015 of Vietnam

Law on Execution of Criminal Judgments 2019 of Vietnam
Law on Lawyers 2010 of Vietnam

Law on Religions and Beliefs 2016 of Vietnam

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
Decree 60-CP on Prisons Rules 1993 of Vietnam

Joint circular of Ministry of Public Security, Ministry of Defense, Ministry of Finance No.07/2007/
TTLT-BCA-BQP-BTC guiding the labor regime, vocational training and use of labor results of
prisoners in prisons of Vietnam

Joint circular of Ministry of Public Security, Ministry of Defense, Ministry of Finance No.07/2007/
TTLT-BCA-BQP-BTC guiding the labor regime, vocational training and use of labor results of
prisoners in prisons of Vietnam

Correctional Services Act 1998, amended in 2015 of South Africa

Correctional Services Regulations 2004, amended in 2012 of South Africa

Act Concerning the Execution of Prison Sentences and measures of Rehabilitation and Prevention
Involving Deprivation of Liberty 1976, amended in 2013 of Germany

Imprisonment Act 1999 of the Czech Republic

Correction and Conditional Release Act 1992, amended in 2019 of Canada

Corrections and Conditional Release Regulations SOR/92-620 (as amended on June 19, 2015) of Canada
Eighth Amendment of Constitution of the United States of America

Penal Code, B.E.2499 1956, amended in 2003 of Thailand
Basic Principles for the Treatment of Prisoners 1990
Convention against Torture 1984

International Covenant on Civil and Political Rights 1966
Standard Minimum Rules for the Treatment of Prisoners in 1955
Universal Declaration of Human Rights 1948

<b>Books</b>

<i>Stapleton, Smit, Nazarova, A Compendium of Comparative Prison Legislation (1</i>st_{ed, Penal Reform}

International, 2008)

<i>Nguyen, Pham, Trinh, Vu, La, Human rights (Collection of comments, recommendations of Convention </i>

<i>Committee of United Nations), (Law Department, National University in Hanoi, People’s Public </i>

Security Publishing House, 2010)

<i>Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, (Yale University </i>
Press; 2009)

<i>Morín J.L, ‘Latino/as and U.S. Prisons’ in Oboler.S (eds), Behind Bars, (Palgrave Macmillan, </i>
New York, 2009)

<b>Journal articles</b>

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<b>PART 2 - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS </b>

<b>Online journals</b>

Vu.T, ‘Prisoners working outside the prison - Various opinions’, Electronic Journal of the People’s Court,
<
-nhau?fbclid=IwAR1l_0scWAWT9eG7dye3a0_vHnOF7MD3XGNt7c8TKAE9Gl4Hv0tCIELro0>

<b>Websites and blogs</b>

U.S Department of Justice; ‘Investigation of Alabama’s State Prisons for Men’, April 2, 2019, p1

< />

American Bar Association, ‘Standards on Treatment of Prisoners’, December 05, 2018 <https://
www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/
crimjust_standards_treatmentprisoners>

Newspaper articles

Criminal Justice Section, CJS Publications, ‘The Standards on Treatment of Prisoners’, <https://
www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/
crimjust_standards_treatmentprisoners>

<i>World Health Organization, ‘A healthy diet’ (2018) , </i>

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Legal Aspects of Franchising in Vietnam - VN Version

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