The Party and State of the Socialist Republic of Viet Nam have recognised the necessity of reforming the legal and judicial systems to achieve a transparent and effective legal system and an effective and accountable judiciary in line with international standards on human rights, including alternatives to capital punishment (the death penalty), and the right to defence through self-representation, a fundamental aspect of the broader right to a fair trial under the International Covenant on Civil and Political Rights.

This study aims to address the extent to which Viet Nam’s laws and practice comply with international standards and comparative good practices from international experience relating to each issue. In the past decade Viet Nam has made significant strides in reducing the number of crimes to which the death penalty is applicable. The number of offenders sentenced to death account for less than one percent of the total number of defendants brought to trial, but the number of death sentences has nevertheless increased rapidly.

The right to defence, including the right to represent oneself and the right to be represented by othersis clearly stated in the Constitution of Viet Nam. This right applies not only before the Court but also during the stages of investigation and the period after charges are bought and before the prosecution begins. Despite these legal provisions to protect the right to defence, research findings show that only a very small minority of accused persons are assisted by defence counsel at trial, and most self-represented accused persons do not have the knowledge or skills to effectively exercise their right to defence.

The study concludes by making recommendations on practical measures Viet Nam could take to advance its efforts to limit the application of capital punishment, with a view to eventual abolition. Other recommendations focus on ensuring the right to defence is protected, promoted and fulfilled, including by expanding access to legal aid.”