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Official Gazette

Monday, July 24, 2017
Tags: temporarily detained
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.
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.
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.
Principles of questioning and argument at first-instance criminal hearings Principles of questioning and argument at first-instance criminal hearings
Nguyen Ngoc Kien, LL.M Hue University The international law clearly defines the right to a fair trial as an essential condition for human rights protection in a civilized society. Article 14 of the 1996 International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the 1948 Declaration of Human Rights both stipulate that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
Law of the Sea of Vietnam Law of the Sea of Vietnam
This Law was passed on June 21, 2012, by the XIIIth National Assembly at its third session and came into force on January 1, 2013.
Glossary of the 2013 Constitution Glossary of the 2013 Constitution
To better guarantee constitutionally enshrined human rights in criminal justice To better guarantee constitutionally enshrined human rights in criminal justice
This article gives an overview of prominent constitutional provisions on human rights and provides recommendations on revision of the Code in light of the new Constitution.
Right to silence under hot debate Right to silence under hot debate
Most lawyers agreed the right to silence should be enforced to ensure human rights and prevent torture which might lead to unjust punishment for detainees and defendants.
The 2013 Constitution of the Socialist Republic of Vietnam The 2013 Constitution of the Socialist Republic of Vietnam
New Constitution lays a firm legal foundation for judicial reform New Constitution lays a firm legal foundation for judicial reform
Since early 21st century, along with the establishment of the principle “the state powers shall be unified and delegated to state agencies which must cooperate with one another in the exercise of the legislative, executive and judicial powers” in the 1992 Constitution (as amended and supplemented in 2001), the judicial reforms have been undertaken

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