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Official Gazette

Sunday, September 20, 2020
Tags: criminal proceedings
Law on Exit and Entry of Vietnamese Citizens Law on Exit and Entry of Vietnamese Citizens
The Law on Exit and Entry of Vietnamese Citizens, which is the first of its kind in Vietnam, has institutionalized the 2013 Constitution regarding citizens’ right to free movement and residence within the country and their right to leave the country and return home from abroad.
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.
Constitutional provisions on human rights in criminal proceedings should be further concretized Constitutional provisions on human rights in criminal proceedings should be further concretized
Vietnam’s 2013 Constitution (the Constitution) provides for the first time human rights and citizens’ rights in Chapter II with significant progress in the recognition and exercise of these rights as well as specific cases where these rights may be limited.
First-instance jurisdiction to try commercial legal persons in Vietnam First-instance jurisdiction to try commercial legal persons in Vietnam
First-instance jurisdiction to hear criminal cases where defendants are commercial legal persons is determined by the reason of the matter involved, the person concerned or the place. This article analyses the 2015 Criminal Procedure Code’s provisions on the penal liability examination procedures and first-instance jurisdiction to try commercial legal persons and propose revisions to Vietnam’s current criminal procedure law in this regard.
Legal aid in Vietnams criminal justice Legal aid in Vietnam’s criminal justice
Under the 2017 Law on Legal Aid, legal aid is defined as the provision of pro-bono legal services to legal aid beneficiaries in legal aid cases or matters, contributing to guaranteeing citizens’ right of access to justice and equality before law. As compared to the 2006 Law on Legal Aid, this provision no longer mentions objectives of legal aid activities such as improving legal knowledge and sense of law observance and contributing to law dissemination and popularization and violation prevention and control. This aims at shifting focus on helping beneficiaries in legal proceedings, securing justice and more effectively protecting their lawful rights and interests.
Evidence and sources of evidence under the Criminal Procedure Code Evidence and sources of evidence under the Criminal Procedure Code
In criminal procedure, evidence plays a particularly important role in all criminal proceedings, from investigation, prosecution to trial, serving as a tool to prove or identify facts and circumstances significant to the settlement of criminal cases. This article analyzes provisions on evidence and sources of evidence in Vietnam’s criminal procedure law.
Lawmakers still anxious about taxing unexplained assets of officials Lawmakers still anxious about taxing unexplained assets of officials
Measures to handle the assets of potentially corrupt officials remained the focus of debates about the revised draft Law against Corruption at the 25th session of the National Assembly (NA) Standing Committee which took place in Hanoi from July 11-13.
PM affirms resolve to curb inflation PM affirms resolve to curb inflation
Prime Minister Nguyen Xuan Phuc has reiterated the Government’s resolve to control inflation, noting that although the consumer price index in July fell slightly from the previous month, the pressure of rising inflation remains considerable.
Personal liability and corporate liability under new Penal Code Personal liability and corporate liability under new Penal Code
On June 20, 2017, the National Assembly passed the revised Penal Code. It became effective on January 1, 2018. Several significant changes have occurred. Several acts, previously criminal, are no longer punishable. On the other hand, several previously innocent acts have been criminalized. One very large change is that an enterprise-not just an individual-may now be guilty of a crime1.
Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam
Vietnam has increasingly been taking part in economic integration and globalization. In such a context, there is an emerging trend of investment by domestic investors in other countries, which may create risks of bribery of foreign public officials or international organizations to obtain commercial advantages in international investments.

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