On November 28,2014, the National Assembly of Socialist Republic of Vietnam approved the Convention against torture. Participation in the Convention against torture Is a specific step in the active process of international Integration o f Vietnam, affirming that Vietnam is an active and responsible member o f the international community, improving significantly Vietnam's international reputation in the field of human rights, and creating new incentives and bases to promote torture prevention in Vietnam today In order to ensure that according to the general standards of International human rights law, the provisions of Vietnamese law In all cases, including on state of emergency, the basic human rights, Including the right to not be tortured are also guaranteed and all activities o f state agencies on state of emergency must comply with relevant laws and regulations on ensuring human rights. The article outlines the basic provisions on right not to be tortured in state of emergency under International Human Rights law and Vietnamese law, to analyze and evaluate the compatibility between Vietnamese law and international law on this Issue. Analysis o f this content w ill help to answer questions: (I) what Is a state o f emergency? What is the right to not be tortured in state o f emergency? (II) What basic provisions of International Human Rights law and Vietnamese law guarantee the right not to be torturedin state o f emergency?