Based upon the privilege against self-incrimination, the right to remain silent is an essential procedural safeguard of the accused. Nonetheless, the contemporary criminal procedure law of Vietnam does not directly recognize the right to silence for persons in custody, accused persons and defendants. This shortcoming might be one of reasons causing extortion of depositions, torture and creates difficulties for exercising the right to defend in practice. The paper outlines rationales, features and contents of the right to remain silent under international law and some common law jurisdictions
analyzes indirect provisions of Vietnamese criminal procedure law and discussions relating to the right to remain silent. The writer supports opinions arguing that the right to remain silent should be directly stipulated in the forthcoming amendme'1t and supplement of the Criminal Procedure Code.