The Protect the rights of minors - Experience in some countries and recommendations for Vietnam

Abstract

Vietnam was the first Asian country to ratify the United Nations Convention on the Rights of the Child in 1989. This ratification obligates the country to "undertake all appropriate legislative, administrative, and other measures" to protect children's rights (Article 4, United Nations Convention on the Rights of the Child, 1989). While Vietnam has enacted various legal provisions related to minors, these regulations remain fragmented. The lack of systematic codification across the Constitution, administrative laws, and criminal and civil regulations has resulted in inconsistencies and gaps in legal protection. This article examines the current Vietnamese legal framework for protecting minors' rights, highlighting existing shortcomings and comparing them with legislative experiences from other countries. By drawing on international best practices, the authors provide recommendations for improving Vietnam's legal system, particularly in light of the recent passage of the Juvenile Justice Law. On November 20th, 2024, the National Assembly of Vietnam enacted the Juvenile Justice Law 2024 which will become effective from January 1st, 2026, except for Article 139, Clauses 1 and 2 of Article 162 of the Juvenile Justice Law 2024 which will come into force from January 1st, 2028. These proposals are essential in advancing a more comprehensive and effective legal framework for child protection. Notably, while Vietnam’s Criminal Code and Criminal Procedure Code have replaced the term "người chưa thành niên" (juvenile) with "người dưới 18 tuổi" (person under 18), this change is largely terminological and does not affect the substantive legal protections offered to minors. For consistency, this article will use both terms interchangeably to align with the legal discourse and maintain coherence in the analysis.