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Official Gazette

Wednesday, September 28, 2022
Development of precedents in the context of judicial reform in Vietnam Development of precedents in the context of judicial reform in Vietnam
In the last two decades, the theoretical and practical issues of court precedents as “case law” have attracted interest of many legal researchers in Vietnam. The term “precedent” first appeared in the Communist Party of Vietnam (CPV)’s Political Bureau’s Resolution 48-NQ/TW dated May 24, 2005, on the Strategy to build and improve the Vietnamese legal system by 2010, with a vision toward 2020.
Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law
As recommended by the International Human Rights Committee, member states should clearly specify the time limit for temporary holding in custody or detention of persons arrested in criminal proceedings. At the same time, when exercising the right to detain or arrest people for custody or temporary detention as preventive measures, competent agencies must secure the rights of the accused and defendants in accordance with law, including the right to have access to legal aid; right to be informed; and right to obtain court rulings on whether the custody or temporary detention is lawful or unlawful.
Protection of female victims under criminal procedure law Protection of female victims under criminal procedure law
This article analyzes the provisions on guarantee of rights and interests of female victims under the 2015 Criminal Procedure Code and proposes solutions for intensifying the protection of women as a vulnerable group in conformity with international law and legal conditions of Vietnam.
Penal liability of legal persons for polluting acts under Vietnams penal code Penal liability of legal persons for polluting acts under Vietnam’s penal code
Environmental pollution has not only caused damage to property and human health and life but also exerted great adverse impacts on the national economy. Criminal laws of Vietnam contain provisions on handling on legal persons’ acts of polluting the environment, covering the examination of their penal liability.
Protection of women under the Penal Code1 Protection of women under the Penal Code[1]
At present, the 2015 Penal Code (revised in 2017) (the Code), as the only source of Vietnam’s penal law, clearly expresses the State’s policies to protect women and translates into domestic laws international standards on the protection of women.
Improving the execution of life imprisonment sentences in the context of judicial reform in Vietnam Improving the execution of life imprisonment sentences in the context of judicial reform in Vietnam
The Law on Execution of Criminal Judgments was passed in 2019 by the National Assembly[1], significantly contributing to the institutionalization of the Party’s guidelines and the State’s humanitarian policy toward convicts and inmates. Since then, the execution of criminal judgments has recorded notable progresses; security and safety of detention and custody facilities have been better guaranteed; and the correctional education of prisoners has become more effective, thus facilitating the exercise of their human rights.
Vietnam revises Criminal Procedure Code to meet its CPTPP commitments Vietnam revises Criminal Procedure Code to meet its CPTPP commitments
Vietnam’s National Assembly (NA) last month passed the Law Amending and Supplementing a Number of Articles of the Criminal Procedure Code (the Code) to be effective on December 1, 2021. A key reason for the NA to consider and pass these revised provisions right at a single session was to fulfill Vietnam’s commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Below we look into the Law’s provisions that have been designed to meet the CPTPP’s requirements on taking the initiative to initiate legal action to protect industrial property rights over trademarks and geographical indications.
Immunity from measures to enforce court judgments Immunity from measures to enforce court judgments
In the context of extensive international integration, besides diplomatic missions and consular offices as key parties to diplomatic relations, the State, state agencies, companies, state enterprises, sole proprietorships, multinational corporations, etc., will be involved more and more actively in economic, civil and commercial transactions overseas. Therefore, civil, economic and commercial disputes involving foreign elements will inevitably occur and need to be settled by competent authorities with proper jurisdiction. In principle, their rulings or awards are to be respected and executed, except cases eligible for immunity from execution under international and domestic laws. Many economic and commercial cases involving the aforesaid subjects have recently been recorded in Vietnam in the field of private international law. However, the execution of court judgments and rulings for these cases has encountered not a few difficulties and problems, especially those caused by legal institutions. This article provides an overview of Vietnamese laws as well as international regulations on immunity from measures to enforce court judgments and rulings.
Keeping personal secrets of juveniles under Vietnams criminal procedure law Keeping personal secrets of juveniles under Vietnam’s criminal procedure law
Vietnam has set the goals of protecting and promoting the rights of the child in all domains of social life and translated relevant provisions of those conventions into its domestic laws. The 2013 Constitution contains provisions to best protect rights and interests of under-18 persons in all aspects of social life, including criminal proceedings. As the disclosure of information pertaining to privacy of under-18 persons may cause serious physical and mental consequences to them, the 2015 Criminal Procedure Code, revised in 2017, (the Code) and relevant sub-law documents all provide the keeping of secrets of under-18 persons in criminal proceedings. Below the author would like to take some insights into those provisions before making recommendations to improve the criminal procedure law and relevant laws regarding this issue.
Specialized intellectual property courts around the world and recommendations for Vietnam Specialized intellectual property courts around the world and recommendations for Vietnam
The draft Law Revising a Number of Articles of the Intellectual Property Law has been put for public opinions and is expected to be submitted to the 15th National Assembly for consideration and comments at the 2nd session, and passage at the 3rd session. The amendments and supplementations focus on seven main groups of policies recently approved by the National Assembly, including improvement of the effectiveness of the intellectual property (IP) rights protection. This article introduces some models of specialized IP court in a number of countries in the world and makes some recommendations for Vietnam to improve the effectiveness of its IP rights protection activities.

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