Viet Nam

Has laws regulating migration-related detention?

No

Refugees

19

2023

Asylum Applications

5

2019

International Migrants

76,767

2020

Population

98,900,000

2023

International Migrants as % of Population

0.08%

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

08 October 2020 – Viet Nam

As of 7 October, Viet Nam had detected 1,099 cases of COVID-19, out of a population of 21.5 million people. Although the country has been lauded for its efforts to contain the virus–including through early border closures and widespread quarantine and testing activities–some observers have questioned the government’s transparency in reporting COVID-19 statistics. The Law […]

Read More…

P. Jha, “Coronavirus Vietnam: The Mysterious Resurgence of Covid-19,” BBC News, 8 August 2020, https://www.bbc.co.uk/news/world-asia-53690711
Last updated:

DETENTION STATISTICS

Total Migration Detainees (Entries + Remaining from previous year)
Not Available
2019
Reported Detainee Population (Day)
Not Available Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2019

DETENTION CAPACITY

Total Immigration Detention Capacity
0
2019
Number of Dedicated Immigration Detention Centres
0
2019

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

Number of Deportations/Forced Removals (Year)
0
2019

PRISON DATA

Criminal Prison Population (Year)
130,679
2016
130,180
2012
113,018
2011
107,668
2009
92,153
2007
88,414
2005
55,000
1998
43,000
1996
Percentage of Foreign Prisoners (Year)
0.2
2016
0.3
2012
Prison Population Rate (per 100,000 of National Population)
139
2016
145
2012
127
2011
124
2009
108
2007
106
2005
71
1998
57
1996

POPULATION DATA

Population (Year)
98,900,000
2023
97,300,000
2020
93,448,000
2015
International Migrants (Year)
76,767
2020
76,104
2019
72,800
2015
International Migrants as Percentage of Population (Year)
0.08
2020
0.1
2015
Refugees (Year)
19
2023
0
2016
0
2015
Asylum Applications (Year)
0
2023
5
2019
Stateless Persons (Year)
26,811
2023
34,110
2018
29,522
2017
11,000
2016
11,000
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
2,052
2014
Remittances to the Country (in USD)
12,000
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
4,217.9
2014
Human Development Index Ranking (UNDP)
116 (Medium)
2015

LEGAL & REGULATORY FRAMEWORK

Does the Country Have Specific Laws that Provide for Migration-Related Detention?
No
2023
Detention-Related Legislation
Law on Foreigners’ Entry Into, Exit From, Transit Through and Residence in Vietnam
Legal Tradition(s)
Civil law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

Legal Appeals (Year)
Number of appeals during year: 4
Number of successful appeals during year: 1
2021
Are Non-Custodial Measures/Alternatives to Detention (ATDs) Provided in Law?
Immigration Law: Yes
Asylum/Refugee Law: Unknown
2021
Does the Law Stipulate Consideration of Non-Custodial Measures (ATDs) before Imposing Detention?
Immigration Law: Yes
Asylum/Refugee Law: No
2021
Access to Detainees
Lawyer: No
Family Members: Limited or Some Detention Centres Only
NGOs: Unknown
International Monitors: Unknown
Consular Representatives: Unknown
2021

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2015
2015
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2015
2015
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2012
2012
VCCR, Vienna Convention on Consular Relations
1992
1992
CRC, Convention on the Rights of the Child
1990
1990
ICCPR, International Covenant on Civil and Political Rights
1982
1982
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1982
1982
ICESCR, International Covenant on Economic, Social and Cultural Rights
1982
1982
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1982
1982
Ratio of relevant international treaties ratified
Ratio: 9/19
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee against Torture § 39. The State party should: (a) Enact asylum legislation and establish a functioning national asylum system that provides for fair and effective refugee status determination procedures, in line with international standards; (b) Designate or establish a government agency responsible for receiving and processing claims from asylum seekers and other persons who may require international protection; (c) Request the support of the Office of the United Nations High Commissioner for Refugees (UNHCR) to provide training in relation to refugee law and on refugee status determination procedures; (d) Comply with its non- refoulement obligations under article 3 of the Convention by ensuring the proper assessment of persons before proceeding with their criminal or administrative expulsion or deportation in order to prevent them from returning to countries where they may risk being subjected to torture; (e) Thoroughly examine the merits of each individual case for deportation, including the overall situation with regard to torture in the country concerned. 2018
2018

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2009
2017
No 2014
2017

> Global Compact for Migration (GCM)

> Global Compact on Refugees (GCR)

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ASEAN CATPWC Convention Against Trafficking in Persons, Especially Women and Children 2017
2017
2017

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
As of 7 October, Viet Nam had detected 1,099 cases of COVID-19, out of a population of 21.5 million people. Although the country has been lauded for its efforts to contain the virus--including through early border closures and widespread quarantine and testing activities--some observers have questioned the government’s transparency in reporting COVID-19 statistics. The Law On Foreigners’ Entry Into, Exit From, Transit Through and Residence in Viet Nam does not provide provisions on immigration detention, and there is little available information about the treatment of migrants or asylum seekers in immigration enforcement procedures in the country. Viet Nam is not a signatory to the Refugee Convention. As of December 2017, the government reported that the number of registered stateless persons and persons of undetermined nationality had increased to 29,522 from 11,000 at the end of 2016. It also reported that there had not been any asylum applications in Viet Nam since 2002. According to the 2020 US Trafficking in Persons Report, the Vietnamese government has made efforts to protect victims of trafficking by providing them with the right to legal representation, shelter, and financial support; as well as operating awareness campaigns in communities vulnerable to trafficking. However, victim identification and assistance procedures reportedly remain ineffective.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2021
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Unknown
2021
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2021
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Unknown
2021
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021
Did the Country Restrict Access to Asylum Procedures?
Unknown
2021
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Unknown) Unknown Unknown Unknown
2021