Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Viet Nam

Constitution of the Socialist Republic of Vietnam

CHAPTER V
BASIC RIGHTS AND OBLIGATIONS OF CITIZENS

Article 71

Citizens have the right to physical inviolability and to have their lives, health, honour and dignity protected by law.

No citizen may be arrested without a warrant from the People's Court, or a warrant from the People's Court, or a warrant from or ratification by the People's Inspectorate except in the case he or she is caught in flagrant violation of the law.

Arrest and detention must be in accordance with the law.

All forms of coercion, humiliation and violation of a citizen's honour and dignity are strictly prohibited.

Criminal Procedure Code

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 48. Persons held in custody

1. Persons held in custody are persons arrested in urgent cases, offenders caught red-handed, persons arrested under pursuit decisions, or confessing or self-surrendering offenders against whom custody decisions have been issued.

2. Persons held in custody shall have the following rights: a/ To be informed of the reasons for their custody;
b/ To be explained on their rights and obligations;
c/ To present their statements;
d/ To defend by themselves or ask other persons to defend them; e/ To present documents, objects as well as claims;
f/ To complain about their custody, procedural decisions or acts of the bodies and/or persons with procedure-conducting competence.

3. Persons held in custody shall have the obligation to observe the law provisions on custody.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.