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Official Gazette

Wednesday, November 22, 2017
Position-related crimes under the new Penal Code Position-related crimes under the new Penal Code
This article analyzes new provisions in the 2015 Penal Code concerning position-related crimes, which are expected to give more teeth to the fight against corruption in the country.
Guarantee of human rights under the new Penal Code Guarantee of human rights under the new Penal Code
Under the recent universal periodic review, the United Nations Human Rights Council has appreciated the achievements recorded by Vietnam in realizing its commitments on human rights. It has also made hundreds of recommendations for Vietnam to better protect and guarantee human rights, 182 of which are accepted by the country. In criminal justice, 17 recommendations of the UNHRC are directly related to the formulation and revision of the 2015 Penal Code.
Legal status of foreigners in civil proceedings in Vietnam Legal status of foreigners in civil proceedings in Vietnam
The legal status of foreign entities in civil proceedings under Vietnamese law encompasses their civil procedure law capacity, civil litigation act capacity, and rights and obligations when participating in civil proceedings in Vietnam. In this article, foreign entities refer to foreigners, foreign agencies and organizations and their Vietnam-based branches and representative offices.
Salient amendments to the 2015 Penal Code Salient amendments to the 2015 Penal Code
At its 3rd session wrapped up last month, the National Assembly passed a law making a raft of amendments to the 2015 Penal Code with effect from early next year. More than 200 articles of the Code have been amended, one new article added and another removed. These amendments include not only corrections of technical errors but also many criminal justice policy changes. Below are the most prominent of them.
Sharing of criminal record information between Vietnam and other countries Sharing of criminal record information between Vietnam and other countries
Under the Law on Judicial Records, Vietnamese citizens convicted in foreign countries are subject to management of criminal records, and excerpts of their judgments or previous criminal convictions provided by foreign authorities under treaties on mutual legal assistance in criminal matters or on the principle of reciprocity are used as a source for making their criminal records.
Execution of administrative judgments in Vietnam: an overview Execution of administrative judgments in Vietnam: an overview
In Vietnam, while execution of criminal judgments and execution of civil judgments are regulated by two separate laws, i.e. the 2010 Law on Execution of Criminal Judgments and the 2008 Law on Execution of Civil Judgments (revised in 2014). Issues related to the execution of administrative judgments are incorporated in the Law on Administrative Procedure.
First cash fine imposed instead of imprisonment First cash fine imposed instead of imprisonment
The Ho Chi Minh City People’s Court on March 27 imposed a fine of VND 1.2 billion on Ha Thi Thuy Duong, a former flight attendant of South Korea’s Asiana Airlines, for illegally transporting foreign currency into Vietnam in November 2015.
Jurisdiction of Vietnamese courts to settle civil cases involving foreign elements Jurisdiction of Vietnamese courts to settle civil cases involving foreign elements
This article analyzes new provisions on the jurisdiction of Vietnamese courts to hear civil cases and matters involving foreign elements under the 2015 Civil Procedure Code regarding general jurisdiction, exclusive jurisdiction and cases in which the jurisdiction remains unchanged.
Lenient policy toward juvenile offenders under the new Penal Code Lenient policy toward juvenile offenders under the new Penal Code
Vietnam joined the United Nations Convention of the Rights of the Child on February 28, 1990, and, like other member states of the Convention, it commits to applying every measure, including legislative measure, to secure the rights of the child. Based on the universal standards, the Vietnamese State has institutionalized leniency policies and narrowed the scope of criminal handling of juvenile offenders in the Penal Codes ever enacted in the country, with a view to applying the best handling measures to them.
Territorial effect of the new Penal Code: from the perspective of international law Territorial effect of the new Penal Code: from the perspective of international law
Vietnam’s provisions on territorial effect of the Penal Code have evolved to more align with the international law in general and international criminal law in particular. However, the Code still has no provision that a treaty to which Vietnam is a contracting party prevails if its provisions are different from those of a domestic law on the same field.

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