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Official Gazette

Wednesday, November 22, 2017
Tags: temporary detention
Official Gazette issues Nos 3-5 May 2017 released on August 17 2017 Official Gazette issues Nos 3-5 May 2017, released on August 17, 2017
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.
Session transforms a legislature ‘of reporting to that ‘of debate: top legislator Session transforms a legislature ‘of reporting’ to that ‘of debate’: top legislator
The Government should take note of opinions expressed by National Assembly deputies and draw lessons to roll out breakthrough and drastic solutions in management work with a view to accomplishing socio-economic tasks set for the remaining months of the year, NA Chairwoman Nguyen Thi Kim Ngan said on June 21.
Law on Custody and Temporary Detention Law on Custody and Temporary Detention
With 73 articles arranged in 11 chapters, the Law on Enforcement of Custody and Temporary Detention regulates the principles, order and procedures for enforcement of custody and temporary detention.
New provisions of revised Maritime Code of Vietnam New provisions of revised Maritime Code of Vietnam
Coming into force from July 2017, the Maritime Code of Vietnam, which was passed by the National Assembly in November 2015, is expected to give a new momentum to the nation’s maritime sector in line with its international commitments.
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.
New Criminal Procedure Code better protects juveniles New Criminal Procedure Code better protects juveniles
The 2015 Criminal Procedure Code contains many new provisions on the procedure applicable to persons aged under 18 years, serving as the ground for building a separate juvenile justice system that is humane, friendly, respectful and protective in Vietnam. Apart from these progressive points, the Code still has some shortcomings as pointed out by the author at the end of the article.
Judicial power under 2015 Criminal Procedure Code Judicial power under 2015 Criminal Procedure Code
This writing clarifies the content of the court’s judicial power and the requirement for institutionalizing judicial power in criminal procedure legislation. It then analyzes the new provisions of the 2015 Criminal Procedure Code regarding this issue.
Official Gazette issues Nos 8-9 June 2016 introduced on September 7 2016 Official Gazette issues Nos 8-9 June 2016, introduced on September 7, 2016

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