International Law on the Rights of Victims of Crime and some Recommendations for Viet Nam

Authors: Nguyen Duy Dung, Nguyen Nhu Anh and Nguyen Minh Hien

Abstract: This research aims to clarify the international legal standards on the rights of victims of crime and to assess the extent to which Vietnamese law aligns with these standards, thereby identifying gaps and reform needs. It employs doctrinal legal analysis method of key international instruments (including the 1985 UN Declaration and the 2005 Basic Principles and Guidelines) combined with comparative analysis of the 2013 Constitution, the 2015 Criminal Procedure Code (as amended), and selected specialised statutes of Viet Nam. Results from the present study have shown that while Viet Nam has significantly incorporated general human rights principles and some specific victims’ rights, important shortcomings remain regarding the legal status of victims, their participatory rights, and mechanisms for protection and reparation. The research mainly contribute to systematically mapping international standards against current Vietnamese law, proposing the recognition of victims as an independent legal subject, and recommending a dedicated victims’ rights law together with state-backed protection and compensation mechanisms.

Link bài viết: https://jst.ntt.edu.vn/index.php/jst/article/view/937/833