As a supervision and education measure for under-18 offenders, community-based conciliation is provided for the first time in the 2015 Penal Code and the 2015 Criminal Procedure Code, marking a turning point in Vietnam’s policies on criminal handling of juvenile delinquents in compatibility with current global trends in juvenile justice. This measure is different from the other two judicial measures[1] applicable to under-18 offenders as it involves more active participation of victims and their representatives in criminal proceedings, and facilitates the use of opinions of victims during the conciliation process for handling juvenile offenders.

Though promulgated in 2015, the new Criminal Procedure Code took effect on January 1, 2018, like the 2015 Penal Code (revised in 2017). This article browses specific changes in the Code designed to better protect human rights and citizens’ rights in criminal proceedings

Under the recent universal periodic review, the United Nations Human Rights Council has appreciated the achievements recorded by Vietnam in realizing its commitments on human rights. It has also made hundreds of recommendations for Vietnam to better protect and guarantee human rights, 182 of which are accepted by the country. In criminal justice, 17 recommendations of the UNHRC are directly related to the formulation and revision of the 2015 Penal Code.

The 2015 Criminal Procedure Code contains many new provisions on the procedure applicable to persons aged under 18 years, serving as the ground for building a separate juvenile justice system that is humane, friendly, respectful and protective in Vietnam. Apart from these progressive points, the Code still has some shortcomings as pointed out by the author at the end of the article.

At the 9th and 10th sessions of the XIIIth National Assembly (NA), there were hot debates on the proposed amendments to the Penal Code’s provisions concerning under-18 offenders. Some opinions held that the provisions on the age groups of juvenile offenders who must bear penal liability should not be changed.