Vietnam’s path to the 1996 Hague child protection convention: lessons from a non-contracting state

Vietnam’s legal framework for child protection has improved significantly in recent years, reflecting the nation’s growing commitment to aligning domestic laws with international standards. A central element of this progress is Vietnam’s participation in international child protection mechanisms by becoming a party to numerous international instruments. This involvement serves as the foundation for domestic legislation on the welfare and protection of children. There are existing cases in Vietnam that fall within the scope of the 1996 Cronvention; however, the absence of specific provisions addressing such issues and the lack of an essential framework for cooperation in the protection of children across borders are significant gaps in the current legal system. Accession to the 1996 Convention could be an effective remedy, given its comprehensive scope. When considering this process, this article begins with a short reflection on the lack of Asian engagement in the 1996 Convention, followed by an examination of the overall existing framework for child protection in Vietnam. Additionally, a thorough assessment of Vietnam’s current laws, focusing on the habitual residence of the child and transfer of jurisdiction principles, will be conducted. The findings will support the necessary amendments and other requirements for Vietnam to adopt the Convention.