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Official Gazette

Tuesday, December 1, 2020
Tags: 2015 Penal Code
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?
Overview of Vietnams law on wildlife conservation and protection Overview of Vietnam’s law on wildlife conservation and protection
The increase in human population and illegal wildlife hunting has led to a high risk of biodiversity loss and put many of the animals on the brink of extinction. Being fully aware of the seriousness of the situation, the Vietnamese Government has focused on improving the legal framework on wildlife conservation and protection. This article briefly introduces legal documents related to wildlife conservation and protection, analyzes shortcomings and limitations and puts forth some recommendations for improvement.
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.
Penal liability of corporate legal persons for wildlife-related crimes Penal liability of corporate legal persons for wildlife-related crimes
The 2015 Penal Code prescribes heavy fines for corporate legal persons’ crimes violating regulations on management and protection of endangered, precious and rare wild animals, ranging from VND 300 million to VND 15 billion. This shows that Vietnam is always aware of the nature and danger of these crimes to the ecological environment.
Land conflicts in emerging suburban areas in Vietnam: causes and effects Land conflicts in emerging suburban areas in Vietnam: causes and effects
This article takes initial steps in understanding causes and effects of land conflicts in Vietnam after the effect of the 2003 Land Law and its subsequent amendments. It examines institutional arrangements that govern land rights security but may have created biases toward different land users upon conflicting land use purposes. The analysis also examines the values of the two available large sample surveys in Vietnam (the citizen perception-based Vietnam Provincial Governance and Public Administration Performance Index (PAPI) and the firm perception-based Provincial Competitiveness Index (PCI)) in informing potential different treatments toward citizens and firms as land users.
Protection of endangered precious and rare wildlife under the 2015 Penal Code Protection of endangered, precious, and rare wildlife under the 2015 Penal Code
Compared to the 1999 version, the 2015 Penal Code’s provisions on protection of wildlife have been significantly revised toward expanding the scope of application of the monetary penalty, increasing penalties and adding some aggravating circumstances. This article analyzes these regulations and proposes a number of recommendations for more effective protection of endangered, precious, and rare wildlife.
Legal framework for enforcement of criminal judgments against businesses Legal framework for enforcement of criminal judgments against businesses
On April 8, 2020, the Government issued Decree 44/2020/ND-CP (Decree 44), prescribing enforcement of judgments against commercial legal persons in a move to detail the 2019 Law on Execution of Criminal Judgments. With this Decree, set to take effect from July, the legal framework for execution of criminal judgments against commercial legal persons has been fundamentally completed, guaranteeing the enforcement of the 2015 Penal Code’s provisions concerning criminal handling of commercial legal persons.
Bringing Vietnams criminal justice system in harmony with the convention against torture Bringing Vietnam’s criminal justice system in harmony with the convention against torture
The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), one of the nine fundamental conventions on human rights, came into force on June 26, 1987, after being ratified by 20 member states[1]. Vietnam acceded to the UNCAT on November 7, 2013, and ratified it a year later. As a member state to the UNCAT, Vietnam has spared no efforts to build its legal system, particularly criminal justice laws including the Penal Code, Criminal Procedure Code, Law on Custody and Temporary Detention, Law on Execution of Criminal Judgments, Law on Organization of Criminal Investigation, etc., in conformity with the UNCAT.
Inmate labor under the 2019 Law on Execution of Criminal Judgments Inmate labor under the 2019 Law on Execution of Criminal Judgments
In Vietnam, since 1945 the law on execution of imprisonment sentences has always considered labor a fundamental element of the inmate education regime. According to the traditional theory of combined punishment and education, labor is always a duty of inmates. Under the 2015 Penal Code (revised in 2017) (the Penal Code), inmates must serve their imprisonment sentences and work and learn so as to become useful to the society[1]. Compared to other daily activities of inmates, their working activities are to be carried out throughout their sentence serving period and exert important effects on their education and reform results. Through these activities inmates can learn working skills and generate some incomes for their future community integration. That’s why the Law on Execution of Criminal Judgments (the Law) seeks to improve the inmate labor regime primarily for raising the effectiveness of inmate education and reform.
Corporate liability for offenses against the economic management order in Vietnam Corporate liability for offenses against the economic management order in Vietnam
The 2015 Penal Code (revised in 2017) (the Code) is Vietnam’s first and only code that holds commercial legal persons criminally liable for committing criminal acts. This is a breakthrough in the country’s criminal justice policy and leads to a substantial change in the general perception about crime and punishment. It also applies various penalties to commercial legal persons found liable for crimes[1], including three principal penalties (fine, suspension from operation, and termination of operation), three additional penalties (prohibition from doing business or operating in certain areas, prohibition from raising capital, and fine, when not imposed as a principal penalty), and five judicial measures (confiscation of objects and money directly related to the crime; return of property, redress of or compensation for damage; coerced public apology; coerced restoration to the original state; and coerced application of measures to redress and prevent further consequences).

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