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Official Gazette

Monday, March 30, 2020
Tags: life imprisonment
Bringing Vietnams criminal justice system in harmony with the convention against torture Bringing Vietnam’s criminal justice system in harmony with the convention against torture
The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), one of the nine fundamental conventions on human rights, came into force on June 26, 1987, after being ratified by 20 member states[1]. Vietnam acceded to the UNCAT on November 7, 2013, and ratified it a year later. As a member state to the UNCAT, Vietnam has spared no efforts to build its legal system, particularly criminal justice laws including the Penal Code, Criminal Procedure Code, Law on Custody and Temporary Detention, Law on Execution of Criminal Judgments, Law on Organization of Criminal Investigation, etc., in conformity with the UNCAT.
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].
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.
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.
Position-related crimes under the new Penal Code Position-related crimes under the new Penal Code
This article analyzes new provisions in the 2015 Penal Code concerning position-related crimes, which are expected to give more teeth to the fight against corruption in the country.
Swindling former NA deputy gets life sentence Swindling former NA deputy gets life sentence
Former National Assembly member Chau Thi Thu Nga was sentenced to life imprisonment for swindling to appropriate assets after a two-week trial that concluded on October 16.
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.
Abandoning a newborn is illegal Abandoning a newborn is illegal
According to Vietnam’s Law on Child Protection, Care and Education, children, whether female or male, in or out of wedlock, biological or adopted, born to one party or both parties to a marriage, are all protected, cared for and educated, and enjoy rights provided by law.
International cooperation in foreigner-related cases needs to be intensified International cooperation in foreigner-related cases needs to be intensified
The Ho Chi Minh City People’s Procuracy, in collaboration with the Japan International Cooperation Agency (JICA), on June 20 held a workshop seeking ways to deal with difficulties in implementing prosecution and procuracy over investigations and first-instance trial of criminal cases related to foreigners in the city.

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