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Official Gazette

Friday, May 27, 2022
Tags: criminal justice
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.
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.
Intl webinar talks criminal justice for juveniles Int’l webinar talks criminal justice for juveniles
The Ho Chi Minh City University of Law held an international webinar on criminal justice for juveniles on October 13.
Fighting wildlife-related corruption through international cooperation: Analysis and recommendations to improve compatibility between Vietnams law and the UNCAC Fighting wildlife-related corruption through international cooperation: Analysis and recommendations to improve compatibility between Vietnam’s law and the UNCAC
International cooperation has been recognized as a key in the fight against corruption in general and corruption relating to wildlife crime in particular. In order to create a legal basis for international anti-corruption efforts, the United Nations adopted the Convention against Corruption on October 31, 2003. Vietnam became an official State Party to the Convention on August 19, 2009. This article analyzes the Convention’s provisions and Vietnam’s regulations on international cooperation in the fight against corruption, especially those concerning the wildlife, and puts forward some recommendations for making them more compatible with the United Nations Convention against Corruption.
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.
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.
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.

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