Rights and obligations of individuals subject to diversion measures in Vietnam

Rights and obligations of individuals subject to diversion measures in Vietnam​ (Image from the internet)

On November 30, 2024, the National Assembly of Vietnam passed the Juvenile Justice Law 2024.

Explanation of diversion measures in Vietnam

Diversion measures are supervision, education, and prevention measures applied to juvenile offenders, including community-based diversion measures stipulated from Clause 1 to Clause 11 Article 36 of the Juvenile Justice Law 2024, and educational measures at reformatory schools stipulated in Clause 12 Article 36 of the Juvenile Justice Law 2024.

(Clause 8 Article 3 of the Juvenile Justice Law 2024)

Rights and obligations of individuals subject to diversion measures in Vietnam​

According to Article 23 of the Juvenile Justice Law 2024, the rights and obligations of individuals undergoing diversion measures in Vietnam are stipulated as follows:

(1) Individuals undergoing diversion measures in Vietnam have the following rights:

- To be informed and explained about their rights and obligations as stipulated by the Juvenile Justice Law 2024;

- To work, study, receive career orientation, vocational training; to participate in counseling programs and life skills development;

- To present their wishes and recommendations to the Chairman of the commune-level People's Committee, the person directly supervising the implementation of the diversion decision; to the Principal, officers, and teachers of the reformatory school;

- To have their personal information kept confidential during the implementation of the diversion measures;

- To be issued a certificate upon completing the diversion measures;

- To be guided in the procedures for temporary absence declaration, permanent residence registration, temporary residence registration when implementing the community-based diversion decision.

(2) Individuals undergoing diversion measures in Vietnam have the following obligations:

- To comply with the decision to apply diversion measures;

- To adhere to laws, abide by the rules and regulations of the place of residence, study, and work;

- To be subject to supervision and education by agencies, organizations, and competent persons during the implementation period of the diversion decision;

- To report the implementation status of the diversion measures when required;

- To appear before competent authorities when required during the implementation period of the community-based diversion decision.

(3) Other rights and obligations as prescribed by law.

Diversion measures in Vietnam

- Reprimand.

- Apologize to the victim.

- Compensation for damages.

- Education at the commune, ward, commune-level town.

- House arrest.

- Restrictions on travel hours.

- Prohibition from contacting individuals who may lead to new juvenile offenses.

- Prohibition from visiting places that may lead to new juvenile offenses.

- Participation in educational or vocational training programs.

- Participation in psychological treatment or counseling.

- Engage in community service work.

- Education at a reformatory school.

(Article 36 of the Juvenile Justice Law 2024)

Cases of diversion measures in Vietnam

Juvenile offenders falling into one of the following cases, if not eligible for criminal liability exemption under the Criminal Code, may be subjected to diversion measures:

- Individuals from 14 to under 16 years old committing very serious offenses as prescribed by the Criminal Code, except for cases stipulated in Clause 1 and Clause 3 Article 38 of the Juvenile Justice Law 2024;

- Individuals from 16 to under 18 years old committing very serious offenses negligently, serious offenses, or less serious offenses as prescribed by the Criminal Code, except for cases stipulated in Clause 2 and Clause 3 Article 38 of the Juvenile Justice Law 2024;

- Juveniles acting as minor accomplices in a case.

(Article 37 of the Juvenile Justice Law 2024)

More details can be found in the Juvenile Justice Law 2024, effective from January 1, 2026.

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