Some Reflections on Pre-trial Detention: Contrasting Vietnamese Legal Provisions with Established International Instruments

Abstract Pre-trial detention occupies a contested position between safeguarding criminal procedure and protecting individual liberty. In Vietnam, the 2015 Criminal Procedure Code (the 2015 CPC) provides detailed provisions governing detention; however, questions persist regarding their consistency with international human rights standards. This study undertakes a comparative legal analysis to evaluate the conformity of Vietnamese law with the International Covenant on Civil and Political Rights (ICCPR, 1966) and the European Convention on Human Rights (ECHR, 1950). Employing a qualitative structural comparative approach informed by Anckar’s (2020) most-similar and most-different systems design, the research focuses on four dimensions: statutory grounds for detention, procedural safeguards and judicial oversight, permissible duration and proportionality, and the availability of alternatives. The findings indicate that although the 2015 CPC incorporates protective principles, such as the presumption of innocence and recognition of non-custodial measures (Articles 121–126), it diverges from international standards by allowing detention based on offense seriousness (Article 119), authorizing extended custodial periods up to twenty months (Article 173), and granting significant authority to prosecutorial bodies. These provisions conflict with ICCPR Article 9 and ECHR Article 5, which emphasize individualized justification, prompt judicial review, and proportionality. The study concludes that meaningful reform of Vietnam’s pre-trial detention regime requires narrowing statutory grounds, reducing permissible durations, strengthening judicial independence, and institutionalizing alternatives, thereby ensuring compliance with international obligations.