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Official Gazette

Wednesday, November 20, 2019
Tags: trials
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.
Building an equal relationship between the State and citizens Building an equal relationship between the State and citizens
Rule-of-law institutions of citizens and of the state are part of a rule-of-law state. The history of building rule-of-law states around the world shows that in order to successfully build rule-of-law institutions of the state, it is a must to simultaneously establish, or even give priority to establishing, rule-of-law institutions of citizens.
Court precedents in Vietnam: a view from the building of the 2015 Civil Code Court precedents in Vietnam: a view from the building of the 2015 Civil Code
Vietnam’s legislative work has entered a new development period with a focus on recognizing, respecting, protecting and guaranteeing human rights and citizens’ rights and implementing the judicial reform strategy, especially upholding the role of people’s courts in safeguarding justice and exercising the judicial power.
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.
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.
Developing precedents for consistent application of law in trials Developing precedents for consistent application of law in trials
With a view to ensuring the quality of publicized court precedents, the Supreme People’s Court will study opinions of deputies in a legal seminar to select quality precedents to meet practical requirements in trials.
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.
How the 2015 Criminal Procedure Code changes Vietnams criminal justice legal framework How the 2015 Criminal Procedure Code changes Vietnam’s criminal justice legal framework
The Criminal Procedure Code of Vietnam contains far more rights afforded to criminal defendants and their counsels than many observers had thought politically possible. Implementation and enforcement of these new and enhanced rights will remain a significant challenge for years to come.
Unjust convictions minimized in past five years: reports Unjust convictions minimized in past five years: reports
Heads of the court, procuracy and audit sectors presented their five-year work reports at the 11th session of the XIIIth National Assembly, reviewing positive changes and limitations in their performance.
Revised Law on Administrative Procedures Revised Law on Administrative Procedures
The revised Law on Administrative Procedures will enter into force on July 1 this year and replace the 2010 version.

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