CAT/C/VNM/CO/1 35. The State party should: (a) Torture; Consider acceding to the Optional Protocol to the Convention against (b) Establish a national mechanism that independently, effectively and regularly monitors and inspects all places of detention without prior notice that is able to meet in private with detainees and receive complaints and has institutional independence. The mechanism should report publicly on its findings and be able to raise detention conditions or conduct in places of detention amounting to torture or ill-treatment with the authorities; (c) Grant access to independent organizations, in particular the International Committee of the Red Cross, to all detention facilities in the country. Corporal punishment of children 36. The Committee is concerned that corporal punishment of children is not prohibited in the home, in alternative care and in day-care settings (arts. 2 and 16). 37. The Committee recommends that the State party amend its legislation to expressly prohibit corporal punishment of children in all settings, including in the home and in particular in public institutions, committed through acts or omissions by State agents and others who engage the State’s responsibility under the Convention. In that context, it invites the State party to include a provision on the prohibition of corporal punishment in all settings in an amendment to the Law on Children (2017). Expulsion, asylum and diplomatic assurances 38. The Committee is concerned that the State party does not have specific provisions in its legislation concerning the non-expulsion of persons who are to be criminally or administratively deported when there is ground to believe that the deported persons may be subjected to torture in the country of return, which may result in a violation of the Convention and the principle of non-refoulement. Furthermore, it is also concerned that the State party does not have a law addressing asylum or a system of protection for refugees. Lastly, the Committee is concerned that the State party has accepted diplomatic assurances in such cases (art. 3). 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. Training and instruction 40. While taking note that discrepancies exist regarding the legal and professional capacities of public officers and that competent authorities have certain problems in managing and training cadres, the Committee is concerned at the serious absence of investigative skills and capacity of public officials given the reported prevalence and high 11