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Official Gazette

Tuesday, January 31, 2023
Tags: 2015 Criminal Procedure Code
Publication of court judgments and decisions under Vietnams law Publication of court judgments and decisions under Vietnam’s law
In this article, the author would like to provide legal grounds for the publication of court judgments and decisions in Vietnam and analyze benefits from the mandatory publication of court judgments and decisions.
Juvenile justice principles under criminal procedure and penal laws Juvenile justice principles under criminal procedure and penal laws
In this article, the author provides an insight view of fundamental statutory principles for adjudication of offenders aged under 18 years as per the 2015 Criminal Procedure Code and the 2015 Penal Code, with practical problems and limitations encountered by courts, and makes recommendations for better guaranteeing the juvenile justice in conformity with international legal practices.
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.
Personal data protection in Vietnam - Road ahead Personal data protection in Vietnam - Road ahead
It can be said that Vietnam’s legal provisions on protection of personal data are rooted in the right to privacy - a fundamental human right. There is a general principle enshrined in all provisions on personal data protection in Vietnam’s legal documents: personal data is protected and other subjects may use personal data only if data subjects so agree, unless otherwise provided by law; violators are subject to administrative and criminal penalties, and data subjects suffering from personal data intrusion are entitled to damages.
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.
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.
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.
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.
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.
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.

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