Juvenile Laws at Vietnam
Vietnam has enacted comprehensive juvenile justice reforms to prioritize rehabilitation, diversion, and the protection of minors' rights.
⚖️ Legal Framework
Law on Justice for Minors (2024): Enacted on November 30, 2024, this law establishes a child-friendly justice system emphasizing education and rehabilitation over punishment. It outlines procedures for handling juvenile offenders, including diversion measures, penalties, and community reintegration strategies. The law is set to take effect on January 1, 2026, with certain provisions commencing on January 1, 2028
Criminal Code (2015): The code specifies that minors aged 14 to under 16 can be held criminally responsible for serious crimes, while those aged 16 and above are accountable for all offenses, except for specific crimes such as murder, rape, and drug-related offenses
🧒 Age of Criminal Responsibility
Under 14 Years:Children under 14 are presumed incapable of criminal responsibility and are exempt from criminal penalties
14 to Under 16 Years:Minors in this age group can be held criminally responsible for serious crimes, excluding specific offenses like murder and rape
16 Years and Above:Individuals aged 16 and above are fully accountable for all crimes, with certain exceptions
🏛️ Juvenile Justice Procedures
Diversion Measures The law promotes alternatives to formal judicial proceedings, such as reprimands, restricted activities, apologies to victims, compensation, participation in educational or vocational programs, psychological counseling, and community service
Family and Juvenile Courts Specialized courts handle cases involving minors, focusing on child-friendly procedures and coordination with social services, healthcare, and educational institutions to ensure comprehensive support
Penalties When imprisonment is deemed necessary, courts are mandated to impose lighter sentences compared to adults, with a preference for non-custodial measures and suspension of custodial sentences when appropriate
🧭 Challenges and Ongoing Efforts
*Access to Specialized Services: Despite progress, over 40% of provinces lack specialized Family and Juvenile Courts, and many judicial personnel have limited training in handling child-related cases
*Community-Based Rehabilitation: Efforts are underway to expand community-based rehabilitation programs, aiming to provide alternatives to detention and reduce recidivism among juvenile offendes.
Vietnam's juvenile justice reforms reflect a commitment to aligning with international standards, focusing on the best interests of the child and promoting their reintegration into sociey.
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