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Official Gazette

Monday, September 27, 2021
Judicial remedies of compulsory medical treatment and education at reformatories under Vietnams Law Judicial remedies of compulsory medical treatment and education at reformatories under Vietnam’s Law
This article highlights new provisions of the 2015 Penal Code and the 2019 Law on Execution of Criminal Judgments[1] regarding the two judicial remedies of compulsory medical treatment and education at reformatories applied to juvenile offenders in Vietnam.
Assurance of adversarial process in trials under Vietnams Constitution and procedural laws of adversarial process in trials under Vietnams Constitution and procedural laws Assurance of adversarial process in trials under Vietnam’s Constitution and procedural laws of adversarial process in trials under Vietnam’s Constitution and procedural laws
The adversarial process in trials enshrined in the 2013 Constitution is a milestone marking changes in viewpoints and approaches during judicial reform toward an independent and transparent judicial system. This article introduces the adversarial process in trials as recognized in the Constitution and concretized in the procedural laws of Vietnam.
Criminalization of corruption under the Penal Code of Vietnam to be compliant with the UNCAC (Part 1) Criminalization of corruption under the Penal Code of Vietnam to be compliant with the UNCAC (Part 1)
The article first reviews the United Nations Convention against Corruption in terms of criminalization of corruption. It then criticizes limitations and inadequacies of the 1999 Penal Code of Vietnam regarding corruption crimes in comparison with standards set by the UNCAC. 
Litigants procedural rights under the Civil Procedure Code Litigants’ procedural rights under the Civil Procedure Code
Nguyen Thi Thuy Hang , LL.D. Hue University of Law Litigants’ procedural rights under the 2015 Civil Procedure Code (the Code) In order to enable civil litigants to best defend their lawful rights and interests before the court, the Code prescribes their general and specific procedural rights in different procedural stages.
Vietnams criminal procedure law on criminal cases involving foreigners: ambiguities and proposed solutions Vietnam’s criminal procedure law on criminal cases involving foreigners: ambiguities and proposed solutions
The principle of use of language in criminal proceedings is a fundamental one of Vietnam’s criminal procedure law. Accordingly, the language used in criminal proceedings is Vietnamese, both in writing and orally.
Compatibility between Vietnams law and CITES regarding wildlife protection Compatibility between Vietnam’s law and CITES regarding wildlife protection
Vietnam became an official member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1994. Since then, the Convention’s provisions have been step by step incorporated into the country’s legal framework. This article assesses the compatibility between CITES provisions and two important laws concerning wildlife conservation and protection, the 2015 Penal Code and the 2017 Law on Forestry, and puts forth some recommendations for further improvement.
Exit postponement under Vietnams criminal procedure Law Exit postponement under Vietnam’s criminal procedure Law
As defined in the 2015 Criminal Procedure Code, exit postponement is a deterrent measure in criminal procedure that may be imposed on persons against whom denunciations or criminal case initiation proposals are made, the accused or defendants when there are sufficient valid grounds (to believe that they have committed an offense) in order to prevent them from leaving the country for a given period of time while their criminal case initiation, investigation, prosecution or trial are carried out.
Internationalization trend and challenges of Vietnams criminal legislation Internationalization trend and challenges of Vietnam’s criminal legislation
Vietnam’s criminal law’s evolution landmarks include the first-ever 1985 Penal Code, 1999 Penal Code (revised in 2009) and the latest Penal Code passed in 2015 (revised in 2017). Each of these codes and its revised version was imbued with characteristics of certain criminal legislation trends in its effective period. In the initial stage of codification of Vietnam’s criminal law, international aspects were embodied in a very moderate manner. The 1985 Penal Code only recognized some international criminal law principles regarding some crimes in order to protect interests of the international community. The 1999 Penal Code went further with some revisions to guarantee Vietnam’s responsibility as a state party to a number of conventions and treaties on criminal justice. However, these two codes have not yet initiated the internationalization trend of Vietnam’s criminal law. Until the 2009 Code revising the 1999 Penal Code and the 2015 Penal Code (revised in 2017), such trends as modernization, benevolence, international integration, judicial reform and respect for human rights are embraced. So, for what reasons Vietnam’s criminal law has been influenced by international criminal law and more and more clearly leaned toward consistency with international criminal law?
Vietnams juvenile justice as compared to common juvenile justice models around the world Vietnam’s juvenile justice as compared to common juvenile justice models around the world
This paper outlines the remarkable evolution of juvenile justice in Vietnam. It discusses the extent to which Vietnamese juvenile justice and related laws and policies have been shaped by identifiable ideologies and models of intervention. Moreover, the legal framework governing juvenile justice, mainly the 2016 Law on Children, the 2015 Penal Code, the 2015 Criminal Procedure Code and the 2010 Law on Execution of Criminal Judgments, is introduced to show the complex and scattered state of relevant legislation. The paper offers a short analysis of actors who perform the juvenile justice role or function and reveals a system without specialization or clear separation from the justice system for adult offenders. In addition to identifying emerging characteristics of the system, the author compares these with some typical juvenile justice models around the world, namely the welfare model, the justice model and the restorative model, and concludes that the Vietnamese model is a hybrid mixture of these three ones. Finally, the author makes some recommendations on shaping the juvenile justice system of Vietnam in conformity with international standards in order to meet access-to-justice needs of Vietnamese juvenile offenders.
How to improve effectiveness of mutual legal assistance in handling wildlife-related criminal cases How to improve effectiveness of mutual legal assistance in handling wildlife-related criminal cases
Mutual legal assistance in criminal matters is an effective channel to handle criminal cases involving overseas investigation and collection of documents and evidence. However, the result of mutual legal assistance on wildlife-related crimes remains below expectations mostly because of belated response to mutual legal assistance request. This article reviews the current situation of mutual legal assistance in handling wildlife-related criminal cases and puts forth some recommendations to improve the effectiveness of this work.

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