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Official Gazette

Wednesday, November 20, 2019
Tags: court judgments
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.
Control of judicial power in Vietnam Control of judicial power in Vietnam
The 2013 Constitution of Vietnam provides that the state power is unified and delegated to state agencies which coordinate with and control one another in the exercise of legislative, executive and judicial powers. It also provides, for the first time, that people’s courts are judicial bodies of the Socialist Republic of Vietnam and exercise judicial power. On principle, to ensure the exercise of the state power in general and the legislative and executive powers in particular, it is necessary to build a law-ruled state with a strong judiciary system. However, since judicial power is the last one of the three powers which decides and judges the appropriateness of social relations, control of this power always requires special mechanisms and policies.
Corporate penal liability in Vietnam Corporate penal liability in Vietnam
The 2015 Penal Code marks a great progress in the country’s criminal justice by holding commercial legal entities liable for their criminal acts. Its novel provisions create a legal basis for the fight against criminal acts committed by commercial legal entities in recent years as well as for international cooperation on combating crime, especially transnational organized crime.
Exclusive choice of court agreements under Vietnams Civil Procedure Code Exclusive choice of court agreements under Vietnam’s Civil Procedure Code
The 2015 Civil Procedure Code of Vietnam has for the first time provided for the right to choice of court agreement in cross-border litigation. This article points out that such provision is inadequate and needs specific guidance to ensure uniform understanding and application.
Website publishing court rulings launched Website publishing court rulings launched
The Supreme People’s Court on July 18 held a ceremony in Hanoi to officially launch its website to publish court judgments and decisions at http://congbobanan.toaan.gov.vn.
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.
Courts strive for higher quality of trial better protection of human rights Courts strive for higher quality of trial, better protection of human rights
The Supreme People’s Court on September 20 held a press conference to review the performance of tasks of the entire sector over the last ten months and introduce the new attire of judges for the coming time.
More rights for the accused defense counsels in criminal proceedings More rights for the accused, defense counsels in criminal proceedings
The 2015 Criminal Procedure Code will grant many new rights in criminal proceedings to the accused and defendants as it comes into force in July, including the right to read and take notes of copies or digitalized documents related to accusations against them in case files after the investigation is concluded.
Judicial support activities in Vietnam: reality and prospect Judicial support activities in Vietnam: reality and prospect
Vietnam’s judicial reform strategy through 2020 affirms the important role of judicial support in ensuring the effectiveness of judicial activities (investigation, prosecution, adjudication and judgment enforcement). This article analyzes some theoretical and practical issues on judicial support and proposes measures to improve the effectiveness of judicial support in the context of exercising judicial powers.
Stay of proceedings and execution on insolvency procedures Stay of proceedings and execution on insolvency procedures
This article follows the article on suspension of payments on bankruptcy procedures . It discusses the new provisions of Law No. 51/2014/QH13 dated June 19, 2014, on Bankruptcy in relation to the stay of proceedings and avoidance of execution against the insolvent enterprise and other related aspects.

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