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Official Gazette

Wednesday, November 22, 2017
Tags: bail
Glossary of the 2015 Criminal Procedure Code Glossary of the 2015 Criminal Procedure Code
Release on bail for detainees proposed Release on bail for detainees proposed
The accused or defendants who are temporarily detained for criminal charges would be entitled to release on bail, according to a draft circular jointly prepared by the Ministry of Public Security, Ministry of Finance, Supreme People’s Procuracy and Supreme People’s Court.
How bail is granted under the new Criminal Procedure Code How bail is granted under the new Criminal Procedure Code
As a deterrent measure of high applicability, bail was provided very early in Vietnam’s criminal procedure law (Article 75 of the 1988 Criminal Procedure Code and Article 92 of the 2003 Criminal Procedure Code). However, in practice it has been rarely applied partly due to lack of specific provisions to guide, for example, which types of offense for which offenders may be released on bail in replacement of being detained. In other words, its application is at the discretion of investigating bodies, procuracies and courts. Bail has been denied even for many accused persons and defendants with good pesonal backgrounds, having no criminal records or committing an offense for the first time, having clear addresses of residence, sincerely giving statements, showing repentance or being aged or seriously ill or disabled.
Ten progressive developments in the new Criminal Procedure Code Ten progressive developments in the new Criminal Procedure Code
Three Criminal Procedure Codes were promulgated in Vietnam in 1988, 2003 and 2015. The latest Criminal Procedure Code was designed to meet the judicial reform requirements set forth in the Communist Party of Vietnam Central Committee’s Resolution No. 49-NQ/TW dated June 2, 2005. Compared to the 2003 version, the Code contains 176 new articles and 317 amended articles, retains 17 articles and abolishes 26 articles. Significantly, it introduces many new contents of a modern criminal justice which Vietnam is striving to build.
Revision of Criminal Procedure Code: guaranteeing rights of women in criminal justice Revision of Criminal Procedure Code: guaranteeing rights of women in criminal justice
The criminal justice will apply a “soft mechanism” to women held in custody, accused and brought to trial, thus protecting their rights in a special manner in the spirit of the Constitution.
Defense counsels participation in the stage of criminal investigation: problems and solutions Defense counsels’ participation in the stage of criminal investigation: problems and solutions
Lawyers have the right to participate in the criminal procedure at the stage of investigation in the capacity as defense counsels for the accused from the time when decisions on institution of legal proceedings against such accused are issued[1]. Particularly for persons arrested under Articles 81 and 82 of the 2003 Criminal Procedure Code (the Code), lawyers may participate in the criminal procedure after custody decisions are issued. [1] Articles 56 and 57 of the 2003 Criminal Procedure Code.
Policy digest January 2013 Policy digest January 2013
According Deputy State Auditor General Le Minh Khai, in 2013 the State Audit of Vietnam (SAV) will audit 142 companies and agencies belonging to 16 ministries, 34 provinces and cities, 25 investment projects and five national target programs.
Custody as a deterrent measure Custody as a deterrent measure
Custody is a strict deterrent measure of coercive nature prescribed in the 2003 Criminal Procedure Code (the Code). When applied under decisions of competent persons, it will directly affect the basic civic rights of persons held in custody, restricting their physical freedom for a given time.
Policy digest October 2012 Policy digest October 2012
A national steering committee for foreign direct investment (FDI) will be established soon under a strategy for FDI attraction through 2020 initiated by the Ministry of Planning and Investment.
Getting bail under Vietnams criminal procedure law Getting bail under Vietnam’s criminal procedure law
Depositing money or valuable property as bail is a deterrent measure to replace temporary detention provided in the 2003 Criminal Procedure Code (the Code) which demonstrates the humanity and progressiveness of Vietnam’s criminal law.

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