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Official Gazette

Friday, November 22, 2019
Tags: Penal Code
Inmate labor under the 2019 Law on Execution of Criminal Judgments Inmate labor under the 2019 Law on Execution of Criminal Judgments
In Vietnam, since 1945 the law on execution of imprisonment sentences has always considered labor a fundamental element of the inmate education regime. According to the traditional theory of combined punishment and education, labor is always a duty of inmates. Under the 2015 Penal Code (revised in 2017) (the Penal Code), inmates must serve their imprisonment sentences and work and learn so as to become useful to the society[1]. Compared to other daily activities of inmates, their working activities are to be carried out throughout their sentence serving period and exert important effects on their education and reform results. Through these activities inmates can learn working skills and generate some incomes for their future community integration. That’s why the Law on Execution of Criminal Judgments (the Law) seeks to improve the inmate labor regime primarily for raising the effectiveness of inmate education and reform.
Anti-Corruption Law Anti-Corruption Law
The National Assembly promulgated the Anti-Corruption Law last November, extending the fight against corruption in the non-state sector. The Law supersedes its predecessor enacted in 2005 with revisions made in 2007 and 2012 (the 2005 Law).
New laws that take effect on the first of July New laws that take effect on the first of July
These include the Law on Competition, Law on Anti-Corruption, Law on the People's Public Security Forces, Law on Special Amnesty, Law on Vietnam Coast Guard, and Law Amending and Supplementing a Number of Articles of the Law on Higher Education
Corporate liability for offenses against the economic management order in Vietnam Corporate liability for offenses against the economic management order in Vietnam
The 2015 Penal Code (revised in 2017) (the Code) is Vietnam’s first and only code that holds commercial legal persons criminally liable for committing criminal acts. This is a breakthrough in the country’s criminal justice policy and leads to a substantial change in the general perception about crime and punishment. It also applies various penalties to commercial legal persons found liable for crimes[1], including three principal penalties (fine, suspension from operation, and termination of operation), three additional penalties (prohibition from doing business or operating in certain areas, prohibition from raising capital, and fine, when not imposed as a principal penalty), and five judicial measures (confiscation of objects and money directly related to the crime; return of property, redress of or compensation for damage; coerced public apology; coerced restoration to the original state; and coerced application of measures to redress and prevent further consequences).
Law on Special Amnesty Law on Special Amnesty
The Law on Special Amnesty was passed in last November to institutionalize the 2013 Constitution regarding the leniency and humanitarian policy for persons sentenced to imprisonment.
Information technology and telecoms-related crimes under Vietnams Penal Code Information technology and telecoms-related crimes under Vietnam’s Penal Code
In order to have legal grounds to prevent and properly punish increasingly sophisticated crimes related to information technology and telecommunications (ITT) networks, which could cause very serious consequences to socio-economic activities, national defense and security, ITT-related criminal acts need to be prescribed in the Penal Code as well as specialized laws[1]. In the 2015 Penal Code (revised in 2017) (the Code), these acts are grouped into nine crimes in Section 2 of Chapter XXI[2].
Resolution guiding money laundering enforcement announced Resolution guiding money laundering enforcement announced
The Supreme People's Court and the State Bank on May 31 held a joint seminar in Hanoi to announce the Resolution guiding the implementation of the 2015 Penal Code’s Article 324 on money laundering.
Redefining criminal policies against the backdrop of the fourth industrial revolution Redefining criminal policies against the backdrop of the fourth industrial revolution
The fourth industrial revolution has brought about numerous opportunities and posed great challenges[1] to the society in general and criminal justice in particular as there are numerous important fields directly and deeply impacted by this revolution[2]. This requires a fresh perception of criminal policies, including criminalization and decriminalization policies, as well as a new approach in the prevention and combat of newly emerging crimes, which must be based on the Party’s viewpoints and guidelines, the State’s overall socio-economic and international integration policies and regulations[3], historical-traditional conditions and crime prevention and combat practice. The globalization of criminal jurisdiction also requires the State to develop new criminal policies and reorganize the criminal justice system in order to clearly identify, effectively prevent, respond to and combat newly emerging crimes, particularly those against the national security and sovereignty, social order and safety, human and citizens’ rights.
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.
State Bank steps up fight against black credit State Bank steps up fight against “black credit”
In January 2019, local media reported that Le Dinh Huu Phuoc, a 55-year-old man in the Central Highlands province of Gia Lai, was beaten to death by a group of gangsters for failing to fully pay his nephew’s debt.

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