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Official Gazette

Friday, November 22, 2019
Tags: criminal justice
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.
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).
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.
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.
Womens political participation still falls short of target Women’s political participation still falls short of target
Nearly 40 years ago in 1981, Vietnam joined the Convention on Elimination of All Forms of Discrimination Against Women. Since then, the country has adopted many laws and policies to improve women’s leadership and political participation. This article looks into and proposes solutions for increasing female participation in politics in Vietnam.
Judgment execution for commercial legal entities brought into law Judgment execution for commercial legal entities brought into law
Members of the National Assembly Standing Committee on September 13 discussed draft amendments to the 2010 Law on Execution of Criminal Judgments, focusing on implementation of criminal sentences and judicial measures imposed on commercial legal entities and the conditional early release policy.
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.
New Criminal Procedure Code better protects human rights New Criminal Procedure Code better protects human rights
Though promulgated in 2015, the new Criminal Procedure Code took effect on January 1, 2018, like the 2015 Penal Code (revised in 2017). This article browses specific changes in the Code designed to better protect human rights and citizens’ rights in criminal proceedings
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.
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.

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