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Official Gazette

Friday, May 27, 2022
Tags: Criminal Procedure Code
Official Gazette issues Nos 133-136/2021 issued on March 18 2022 Official Gazette issues Nos 133-136/2021, issued on March 18, 2022
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.
Second session of 15th National Assembly opens Second session of 15th National Assembly opens
The second session of the 15th National Assembly opens in Hanoi on October 20 morning.
Specialized intellectual property courts around the world and recommendations for Vietnam Specialized intellectual property courts around the world and recommendations for Vietnam
The draft Law Revising a Number of Articles of the Intellectual Property Law has been put for public opinions and is expected to be submitted to the 15th National Assembly for consideration and comments at the 2nd session, and passage at the 3rd session. The amendments and supplementations focus on seven main groups of policies recently approved by the National Assembly, including improvement of the effectiveness of the intellectual property (IP) rights protection. This article introduces some models of specialized IP court in a number of countries in the world and makes some recommendations for Vietnam to improve the effectiveness of its IP rights protection activities.
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.
Overview of Vietnams law on wildlife conservation and protection Overview of Vietnam’s law on wildlife conservation and protection
Being fully aware of the seriousness of the risk of biodiversity loss facing the country, the Vietnamese Government has focused on improving the legal framework on wildlife conservation and protection. This article briefly introduces legal documents related to wildlife conservation and protection, analyzes shortcomings and limitations and puts forth some recommendations for improvement.

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