APPROVING THE PLAN TO ENHANCE THE EFFECTIVE IMPLEMENTATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEgrading TREATMENT OR PUNISHMENT AND THE APPROPRIATE RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE
24/10/2024
Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the 2013 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on International Treaties dated April 9, 2016;
Pursuant to Resolution No. 83/2014/QH13 dated November 28, 2014 of the National Assembly of the Socialist Republic of Vietnam on ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the CAT Convention );
Pursuant to Decision No. 364 /QD- TTg dated March 17, 2015 of the Prime Minister on approving the Plan for implementing the CAT Convention;
Pursuant to Decision No. 65/QD-TTg dated January 12, 2018 of the Prime Minister on approving the Project on propaganda and dissemination of the contents of the CAT Convention and Vietnamese laws on prevention and combat of torture among cadres, civil servants, public employees and people;
Pursuant to Decision No. 1975/ QD-TTg dated December 31, 2019 of the Prime Minister on approving the Master Plan for implementing the recommendations that Vietnam has accepted under the Universal Periodic Review Mechanism on Human Rights Cycle III of the United Nations Human Rights Council ;
Pursuant to Decision No. 1079/QD-TTg dated September 14, 2022 of the Prime Minister on approving the Project on communication on human rights in Vietnam:
At the request of the Minister of Public Security in Submission No. 717/TTr-BCA-V03 dated December 20, 2022.
DECISION:
Article 1. Approval of the Plan to enhance the effective implementation of the CAT Convention and the appropriate recommendations of the Committee against Torture.
Article 2. This Decision takes effect from the date of signing and promulgation.
Article 3. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities are responsible for implementing this Decision.
PLAN
STRENGTHENING THE EFFECTIVE IMPLEMENTATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADED TREATMENT OR PUNISHMENT AND APPROPRIATE RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE
(Attached to Decision No. 87 / QD - TTg dated February 14, 2023 of the Prime Minister)
I. PURPOSE, REQUIREMENTS
1. Purpose
a) Continue to effectively implement the provisions of the 2013 Constitution, relevant legal provisions and the contents of the National Plan for the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Treatment or Punishment ( hereinafter referred to as the CAT Convention) in Decision No. 364/ QD-TTg dated March 17, 2015 ; Project on propaganda and dissemination among cadres, civil servants, public employees and people about the contents of the CAT Convention and Vietnamese laws on the prevention and combat of torture in Decision No. 65/QD-TTg dated January 12, 2018; Master plan for implementing the recommendations accepted by Vietnam under the Universal Periodic Review Mechanism on Human Rights Cycle III of the United Nations Human Rights Council in Decision No. 1975/QD-TTg dated December 31, 2019 and the Project on Communication on Human Rights in Vietnam in Decision No. 1079/QD -TTg dated September 14, 2022 of the Prime Minister.
b) Clearly define the content of work and implementation roadmap in improving the effectiveness of implementing the provisions of the CAT Convention and appropriate recommendations of the Committee against Torture. Thereby, contributing to improving the enjoyment of people's rights to health and body, especially the right not to be tortured or subjected to cruel, inhuman or degrading punishment, in accordance with the Constitution, laws and socio-economic conditions of Vietnam; ensuring foreign and domestic requirements, ensuring national security, social order and safety.
c) Raise awareness, roles, responsibilities, assign specific tasks to ministries, branches, agencies, localities and enhance effective coordination between agencies in implementing the CAT Convention and appropriate recommendations of the Committee against Torture, ensuring timely and effective implementation of Vietnam's CAT Convention implementation plans and appropriate recommendations of the Committee against Torture.
d) Strengthen international cooperation in the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment, in particular with the competent authorities of the States Parties to the Convention and with the United Nations organs in disseminating and popularizing the contents of the CAT Convention and the appropriate recommendations of the Committee against Torture.
2. Requirements
a) The organization and implementation of the Plan must ensure consistency with the Party's viewpoints, guidelines, and policies, the State's policies and laws on human rights work; be consistent with the provisions of the 2013 Constitution and Chapter VIII of the 2016 Law on International Treaties ; closely follow political and diplomatic requirements and the task of preventing and combating torture or other forms of cruel, inhumane, or degrading treatment and punishment.
b) Regarding the provisions of the CAT Convention and the appropriate recommendations of the Committee against Torture related to law-making, when implementing, it is necessary to pay attention to the roadmap of the National Assembly's Law and Ordinance-making Program.
c) The implementation of the CAT Convention and appropriate recommendations of the Committee against Torture must be consistent with the functions, tasks and powers of ministries, branches and levels.
d) Ministries, branches, agencies and localities assigned with tasks must develop specific plans and programs and organize implementation on schedule, ensuring efficiency and quality.
d) Ensure close relationships and synchronous coordination among relevant ministries, branches, agencies and localities; promptly reflect, resolve or report to competent authorities to resolve difficulties and problems arising during the implementation of the Plan.
II. MAIN TASKS AND SOLUTIONS OF THE PLAN
1. Continue to internalize and improve laws to implement the CAT Convention and appropriate recommendations of the Committee against Torture
a) Review and assess the compatibility between provisions in draft laws, resolutions of the National Assembly, ordinances of the National Assembly Standing Committee and the CAT Convention during the process of drafting legal documents.
b) Research and propose improvements to the law to enhance compatibility with the provisions of the CAT Convention, including research on the possibility of establishing a definition of torture according to Article 1 of the Convention and a separate crime of torture in the Penal Code; on the statute of limitations for criminal prosecution for the crime of torture regardless of the time of committing the crime.
c) Develop a Compatibility Assessment Report, update the internalization of CAT Convention provisions into domestic law, identify legal documents that are not fully compatible, need to be studied, revised, supplemented or changed to be more consistent with the CAT Convention; propose and recommend continuing to internalize and improve laws to improve the effectiveness of the Convention implementation on the basis of conformity with the Party's guidelines and policies and the State's legal policies.
2. Continue to improve the effectiveness of the implementation of legal provisions against torture and other cruel, inhuman or degrading treatment or punishment and the appropriate recommendations of the Committee against Torture.
a) Continue to invest in, upgrade, renovate, repair, and improve facilities and equipment to serve the professional needs of state agencies, especially agencies directly handling complaints, denunciations, investigations, prosecutions, trials, temporary detentions, temporary custody, and execution of criminal sentences; increase the use and application of modern technology and techniques in public service activities.
b) Continue to invest in, build, and improve facilities for audio and video recording; preserve, store, exploit, and use audio and video recording results in investigation, prosecution, and trial activities according to the provisions of the Criminal Procedure Code.
c) Continue to improve the effectiveness of implementing regulations on ensuring rights and regimes for detainees, prisoners, people serving prison sentences, and people subject to administrative measures.
d) Improve the efficiency and rate of receiving and handling reports and denunciations of crimes and recommendations for prosecution, complaints and denunciations related to torture, especially reports, denunciations, complaints and denunciations about acts of forced confession, torture, causing death while performing official duties, causing injury or harm to the health of others while performing official duties, bribing, forcing others to give statements, provide documents, illegal arrest, detention, imprisonment and cases mentioned at the Presentation and Defense Session of the National Report before the Committee against Torture and in the Recommendation of the Committee against Torture.
d) Strengthen investigation, prosecution and trial of acts related to torture, especially acts of forcing confessions, using corporal punishment, causing death while performing official duties, causing injury or harming the health of others while performing official duties, bribing or forcing others to give statements, provide documents, and illegally arresting, detaining or holding people.
c) Strengthen inspection, examination, supervision, monitoring, survey and assessment of law enforcement in the work of receiving and handling reports, denunciations, complaints and accusations related to torture, especially acts of forced confession, use of corporal punishment, causing death while performing official duties, causing injury or harm to the health of others while performing official duties, bribing, forcing others to give statements, provide documents, illegal arrest, detention, and imprisonment; temporary detention; investigation, prosecution, trial; execution of criminal sentences, promptly detecting errors and correcting violations.
g) Improve the quality of compensation and support activities for victims of torture, especially victims of forced confessions, physical abuse, murder while on duty, causing injury or harm to the health of others while on duty, bribing or forcing others to give statements, provide documents, and illegally arresting, detaining, or imprisoning people.
h) Compile and update the national database of legal documents with provisions on combating torture, cruel, inhuman or degrading treatment or punishment; on propaganda, dissemination, education and specialized training activities on the CAT Convention and Vietnamese laws on preventing and combating torture; on the situation of receiving and handling complaints and denunciations related to CAT (paying attention to classification by gender, ethnicity, religion, women and children).
i) Research, propose the development, statistics and update of a national database on investigation, prosecution and trial of crimes related to torture; on compensation for damages and support for victims of torture (note classification by gender, ethnicity, religion, women and children).
3. Continue to strengthen propaganda, dissemination, education and training on the CAT Convention and Vietnamese laws on prevention and combating torture, on Vietnam's efforts and achievements in implementing the CAT Convention and appropriate recommendations of the Committee against Torture.
a) Ministries, branches, agencies and localities assigned with the task are responsible for issuing the Plan to implement the CAT Convention according to Decision No. 364/QD-TTg dated March 17, 2015; Project to propagate and disseminate the contents of the CAT Convention and Vietnamese laws on prevention and combat of torture according to Decision No. 65/QD-TTg dated January 12, 2018; Project to communicate on human rights in Vietnam according to Decision No. 1079/QD-TTg dated September 14, 2022 of the Prime Minister.
b) Ministries, branches, agencies and localities assigned with the task are responsible for organizing the dissemination and popularization of the CAT Convention and Vietnamese laws on the prevention and combat of torture, and Vietnam's efforts and achievements in implementing the CAT Convention, with priority given to organizing extensive dissemination and popularization or integrating the dissemination and popularization of this content into other relevant programs and activities.
Pursuant to the Law on International Treaties dated April 9, 2016;
Pursuant to Resolution No. 83/2014/QH13 dated November 28, 2014 of the National Assembly of the Socialist Republic of Vietnam on ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the CAT Convention );
Pursuant to Decision No. 364 /QD- TTg dated March 17, 2015 of the Prime Minister on approving the Plan for implementing the CAT Convention;
Pursuant to Decision No. 65/QD-TTg dated January 12, 2018 of the Prime Minister on approving the Project on propaganda and dissemination of the contents of the CAT Convention and Vietnamese laws on prevention and combat of torture among cadres, civil servants, public employees and people;
Pursuant to Decision No. 1975/ QD-TTg dated December 31, 2019 of the Prime Minister on approving the Master Plan for implementing the recommendations that Vietnam has accepted under the Universal Periodic Review Mechanism on Human Rights Cycle III of the United Nations Human Rights Council ;
Pursuant to Decision No. 1079/QD-TTg dated September 14, 2022 of the Prime Minister on approving the Project on communication on human rights in Vietnam:
At the request of the Minister of Public Security in Submission No. 717/TTr-BCA-V03 dated December 20, 2022.
DECISION:
Article 1. Approval of the Plan to enhance the effective implementation of the CAT Convention and the appropriate recommendations of the Committee against Torture.
Article 2. This Decision takes effect from the date of signing and promulgation.
Article 3. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities are responsible for implementing this Decision.
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STRENGTHENING THE EFFECTIVE IMPLEMENTATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADED TREATMENT OR PUNISHMENT AND APPROPRIATE RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE
(Attached to Decision No. 87 / QD - TTg dated February 14, 2023 of the Prime Minister)
I. PURPOSE, REQUIREMENTS
1. Purpose
a) Continue to effectively implement the provisions of the 2013 Constitution, relevant legal provisions and the contents of the National Plan for the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Treatment or Punishment ( hereinafter referred to as the CAT Convention) in Decision No. 364/ QD-TTg dated March 17, 2015 ; Project on propaganda and dissemination among cadres, civil servants, public employees and people about the contents of the CAT Convention and Vietnamese laws on the prevention and combat of torture in Decision No. 65/QD-TTg dated January 12, 2018; Master plan for implementing the recommendations accepted by Vietnam under the Universal Periodic Review Mechanism on Human Rights Cycle III of the United Nations Human Rights Council in Decision No. 1975/QD-TTg dated December 31, 2019 and the Project on Communication on Human Rights in Vietnam in Decision No. 1079/QD -TTg dated September 14, 2022 of the Prime Minister.
b) Clearly define the content of work and implementation roadmap in improving the effectiveness of implementing the provisions of the CAT Convention and appropriate recommendations of the Committee against Torture. Thereby, contributing to improving the enjoyment of people's rights to health and body, especially the right not to be tortured or subjected to cruel, inhuman or degrading punishment, in accordance with the Constitution, laws and socio-economic conditions of Vietnam; ensuring foreign and domestic requirements, ensuring national security, social order and safety.
c) Raise awareness, roles, responsibilities, assign specific tasks to ministries, branches, agencies, localities and enhance effective coordination between agencies in implementing the CAT Convention and appropriate recommendations of the Committee against Torture, ensuring timely and effective implementation of Vietnam's CAT Convention implementation plans and appropriate recommendations of the Committee against Torture.
d) Strengthen international cooperation in the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment, in particular with the competent authorities of the States Parties to the Convention and with the United Nations organs in disseminating and popularizing the contents of the CAT Convention and the appropriate recommendations of the Committee against Torture.
2. Requirements
a) The organization and implementation of the Plan must ensure consistency with the Party's viewpoints, guidelines, and policies, the State's policies and laws on human rights work; be consistent with the provisions of the 2013 Constitution and Chapter VIII of the 2016 Law on International Treaties ; closely follow political and diplomatic requirements and the task of preventing and combating torture or other forms of cruel, inhumane, or degrading treatment and punishment.
b) Regarding the provisions of the CAT Convention and the appropriate recommendations of the Committee against Torture related to law-making, when implementing, it is necessary to pay attention to the roadmap of the National Assembly's Law and Ordinance-making Program.
c) The implementation of the CAT Convention and appropriate recommendations of the Committee against Torture must be consistent with the functions, tasks and powers of ministries, branches and levels.
d) Ministries, branches, agencies and localities assigned with tasks must develop specific plans and programs and organize implementation on schedule, ensuring efficiency and quality.
d) Ensure close relationships and synchronous coordination among relevant ministries, branches, agencies and localities; promptly reflect, resolve or report to competent authorities to resolve difficulties and problems arising during the implementation of the Plan.
II. MAIN TASKS AND SOLUTIONS OF THE PLAN
1. Continue to internalize and improve laws to implement the CAT Convention and appropriate recommendations of the Committee against Torture
a) Review and assess the compatibility between provisions in draft laws, resolutions of the National Assembly, ordinances of the National Assembly Standing Committee and the CAT Convention during the process of drafting legal documents.
b) Research and propose improvements to the law to enhance compatibility with the provisions of the CAT Convention, including research on the possibility of establishing a definition of torture according to Article 1 of the Convention and a separate crime of torture in the Penal Code; on the statute of limitations for criminal prosecution for the crime of torture regardless of the time of committing the crime.
c) Develop a Compatibility Assessment Report, update the internalization of CAT Convention provisions into domestic law, identify legal documents that are not fully compatible, need to be studied, revised, supplemented or changed to be more consistent with the CAT Convention; propose and recommend continuing to internalize and improve laws to improve the effectiveness of the Convention implementation on the basis of conformity with the Party's guidelines and policies and the State's legal policies.
2. Continue to improve the effectiveness of the implementation of legal provisions against torture and other cruel, inhuman or degrading treatment or punishment and the appropriate recommendations of the Committee against Torture.
a) Continue to invest in, upgrade, renovate, repair, and improve facilities and equipment to serve the professional needs of state agencies, especially agencies directly handling complaints, denunciations, investigations, prosecutions, trials, temporary detentions, temporary custody, and execution of criminal sentences; increase the use and application of modern technology and techniques in public service activities.
b) Continue to invest in, build, and improve facilities for audio and video recording; preserve, store, exploit, and use audio and video recording results in investigation, prosecution, and trial activities according to the provisions of the Criminal Procedure Code.
c) Continue to improve the effectiveness of implementing regulations on ensuring rights and regimes for detainees, prisoners, people serving prison sentences, and people subject to administrative measures.
d) Improve the efficiency and rate of receiving and handling reports and denunciations of crimes and recommendations for prosecution, complaints and denunciations related to torture, especially reports, denunciations, complaints and denunciations about acts of forced confession, torture, causing death while performing official duties, causing injury or harm to the health of others while performing official duties, bribing, forcing others to give statements, provide documents, illegal arrest, detention, imprisonment and cases mentioned at the Presentation and Defense Session of the National Report before the Committee against Torture and in the Recommendation of the Committee against Torture.
d) Strengthen investigation, prosecution and trial of acts related to torture, especially acts of forcing confessions, using corporal punishment, causing death while performing official duties, causing injury or harming the health of others while performing official duties, bribing or forcing others to give statements, provide documents, and illegally arresting, detaining or holding people.
c) Strengthen inspection, examination, supervision, monitoring, survey and assessment of law enforcement in the work of receiving and handling reports, denunciations, complaints and accusations related to torture, especially acts of forced confession, use of corporal punishment, causing death while performing official duties, causing injury or harm to the health of others while performing official duties, bribing, forcing others to give statements, provide documents, illegal arrest, detention, and imprisonment; temporary detention; investigation, prosecution, trial; execution of criminal sentences, promptly detecting errors and correcting violations.
g) Improve the quality of compensation and support activities for victims of torture, especially victims of forced confessions, physical abuse, murder while on duty, causing injury or harm to the health of others while on duty, bribing or forcing others to give statements, provide documents, and illegally arresting, detaining, or imprisoning people.
h) Compile and update the national database of legal documents with provisions on combating torture, cruel, inhuman or degrading treatment or punishment; on propaganda, dissemination, education and specialized training activities on the CAT Convention and Vietnamese laws on preventing and combating torture; on the situation of receiving and handling complaints and denunciations related to CAT (paying attention to classification by gender, ethnicity, religion, women and children).
i) Research, propose the development, statistics and update of a national database on investigation, prosecution and trial of crimes related to torture; on compensation for damages and support for victims of torture (note classification by gender, ethnicity, religion, women and children).
3. Continue to strengthen propaganda, dissemination, education and training on the CAT Convention and Vietnamese laws on prevention and combating torture, on Vietnam's efforts and achievements in implementing the CAT Convention and appropriate recommendations of the Committee against Torture.
a) Ministries, branches, agencies and localities assigned with the task are responsible for issuing the Plan to implement the CAT Convention according to Decision No. 364/QD-TTg dated March 17, 2015; Project to propagate and disseminate the contents of the CAT Convention and Vietnamese laws on prevention and combat of torture according to Decision No. 65/QD-TTg dated January 12, 2018; Project to communicate on human rights in Vietnam according to Decision No. 1079/QD-TTg dated September 14, 2022 of the Prime Minister.
b) Ministries, branches, agencies and localities assigned with the task are responsible for organizing the dissemination and popularization of the CAT Convention and Vietnamese laws on the prevention and combat of torture, and Vietnam's efforts and achievements in implementing the CAT Convention, with priority given to organizing extensive dissemination and popularization or integrating the dissemination and popularization of this content into other relevant programs and activities.