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Official Gazette

Friday, October 7, 2022
Tags: the 2015 Penal Code
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.
Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam
Corporate bonds are a hot topic in recent days as many big companies have issued corporate bonds for raising capital. This article analyzes current regulations on corporate bonds and loopholes therein and offers recommendations to protect investors in Vietnam’s bond market.
Penal liability of legal persons for polluting acts under Vietnams penal code Penal liability of legal persons for polluting acts under Vietnam’s penal code
Environmental pollution has not only caused damage to property and human health and life but also exerted great adverse impacts on the national economy. Criminal laws of Vietnam contain provisions on handling on legal persons’ acts of polluting the environment, covering the examination of their penal liability.
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.
Fatal child abuse case necessitates a stronger protection system for children Fatal child abuse case necessitates a stronger protection system for children
Vietnam's current law has so far identified acts of child abuse and at the same time devised penalties for violators. However, it seems not enough to guarantee the safety for children. According to experts, the alarming child abuse in the country is attributable to several causes, such as misconception of child discipline, social indifference of child violence, and light penalties for perpetrators.
Exercise of the right to freedom of enterprise in the sharing economy Exercise of the right to freedom of enterprise in the sharing economy
The Fourth Industrial Revolution has led to emergence of new business lines based on digital platforms following the model of sharing economy (Grab, peer-to-peer lending, ride and accomodation sharing, etc.). However, enterprises engaged in such business lines are encountering numerous difficulties due to incompleteness of the existing legal framework concerning this issue. This article brings an insight into the realization of the right to freedom of enterprise in the sharing economy in Vietnam and gives recommendations for promoting the development of this model in the country.
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.
New guidance on trial of criminal cases involving usury New guidance on trial of criminal cases involving usury
The Supreme People’s Court’s Judicial Council on December 20 issued Resolution 01 guiding Article 201 of the 2015 Penal Code regarding trial of criminal cases involving usury in civil transactions.

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