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Official Gazette

Wednesday, November 25, 2020
Tags: lawful rights and interests
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.
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.
Six important changes in the new Enterprise Law Six important changes in the new Enterprise Law
Compared with its previous versions, the 2020 Enterprise Law (the 2020 Law) contains breakthrough changes, aiming to build a legal framework on corporate governance up to good and common practices in the region and the world; boost the development of businesses, attract capital for production and business activities; and contribute to improving Vietnam’s business environment to the level of ASEAN-4 countries.
New rule to facilitate community reintegration of released inmates New rule to facilitate community reintegration of released inmates
To be-released inmates will be provided with psychological counseling by detention facilities two months before they completely serve their prison sentences, according to Decree 49 recently enacted by the Government.
New rules on coordination in resolving international investment disputes New rules on coordination in resolving international investment disputes
The Prime Minister has recently signed a decision promulgating the Regulation on coordination in resolution of international investment disputes, against the backdrop that Vietnam’s trade and investment ties with the global economy continue to deepen.
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.
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.
Legislation on house ownership by foreigners: inadequacies and recommendations for improvement Legislation on house ownership by foreigners: inadequacies and recommendations for improvement
The 2014 Housing Law has new provisions for foreigners to own homes in Vietnam, making a breakthrough in attracting foreigners to work and live in the country. However, the applied term of house ownership for foreigners produces some negative effects that the law fails to anticipate. This article points out inadequacies in the regime of Vietnam-based house ownership by foreigners and gives recommendations for improvement.

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