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Official Gazette

Friday, November 22, 2019
Tags: Criminal Procedure Code
First-instance jurisdiction to try commercial legal persons in Vietnam First-instance jurisdiction to try commercial legal persons in Vietnam
First-instance jurisdiction to hear criminal cases where defendants are commercial legal persons is determined by the reason of the matter involved, the person concerned or the place. This article analyses the 2015 Criminal Procedure Code’s provisions on the penal liability examination procedures and first-instance jurisdiction to try commercial legal persons and propose revisions to Vietnam’s current criminal procedure law in this regard.
Official Gazette issues Nos 03-06/2019 issued on April 25 2019 Official Gazette issues Nos 03-06/2019, issued on April 25, 2019
Legal aid in Vietnams criminal justice Legal aid in Vietnam’s criminal justice
Under the 2017 Law on Legal Aid, legal aid is defined as the provision of pro-bono legal services to legal aid beneficiaries in legal aid cases or matters, contributing to guaranteeing citizens’ right of access to justice and equality before law. As compared to the 2006 Law on Legal Aid, this provision no longer mentions objectives of legal aid activities such as improving legal knowledge and sense of law observance and contributing to law dissemination and popularization and violation prevention and control. This aims at shifting focus on helping beneficiaries in legal proceedings, securing justice and more effectively protecting their lawful rights and interests.
Official Gazette issues Nos 141-144/2018 released on March 20 2019 Official Gazette issues Nos 141-144/2018, released on March 20, 2019
The core value of the judiciary is to deliver justice for all The core value of the judiciary is to deliver justice for all
Chief Justice of the Supreme People’s Court Nguyen Hoa Binh last month attended an international conference entitled “Judicial Excellence in Response to Today’s Challenges” in Bangkok, Thailand. Vietnam Law and Legal Forum would like to publish his speech delivered at this event, which highlights the recent endeavors of Vietnam’s court system to deliver court excellence as well as future policies for reform.
New Law on Cyber Security New Law on Cyber Security
Adopted last June, the Law on Cyber Security aims to meet the need to protect the national security and ensure social order and safety in cyberspace.
Evidence and sources of evidence under the Criminal Procedure Code Evidence and sources of evidence under the Criminal Procedure Code
In criminal procedure, evidence plays a particularly important role in all criminal proceedings, from investigation, prosecution to trial, serving as a tool to prove or identify facts and circumstances significant to the settlement of criminal cases. This article analyzes provisions on evidence and sources of evidence in Vietnam’s criminal procedure law.
Legal reform needed for streamlining the state apparatus Legal reform needed for streamlining the state apparatus
Vietnam Law and Legal Forum would like to introduce the article by the NA Chairman Nguyen Thi Kim Ngan which suggests specific solutions for improving the legal system on the organization of the state apparatus in the spirit of Resolution No. 18-NQ/TW on continued renovation and rearrangement of the apparatus of the political system and Resolution No. 19-NQ/TW on continued renovation of the organizational system and improvement of the quality and efficiency of public non-business units.
Personal liability and corporate liability under new Penal Code Personal liability and corporate liability under new Penal Code
On June 20, 2017, the National Assembly passed the revised Penal Code. It became effective on January 1, 2018. Several significant changes have occurred. Several acts, previously criminal, are no longer punishable. On the other hand, several previously innocent acts have been criminalized. One very large change is that an enterprise-not just an individual-may now be guilty of a crime1.
Legal experts discuss presumption of innocence due process principles in criminal proceedings Legal experts discuss presumption of innocence, due process principles in criminal proceedings
The principle of presumption of innocence provided in the 2015 Criminal Procedure Code concretizes Article 31.1 of the 2013 Constitution and is vital in guaranteeing the human rights and citizens’ rights in criminal proceedings.

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