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Official Gazette

Sunday, June 7, 2020
Tags: Criminal Procedure Code
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.
Official Gazette issues Nos 03-06/2019 issued on April 25 2019 Official Gazette issues Nos 03-06/2019, issued on April 25, 2019
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.
Official Gazette issues Nos 141-144/2018 released on March 20 2019 Official Gazette issues Nos 141-144/2018, released on March 20, 2019
The core value of the judiciary is to deliver justice for all The core value of the judiciary is to deliver justice for all
Chief Justice of the Supreme People’s Court Nguyen Hoa Binh last month attended an international conference entitled “Judicial Excellence in Response to Today’s Challenges” in Bangkok, Thailand. Vietnam Law and Legal Forum would like to publish his speech delivered at this event, which highlights the recent endeavors of Vietnam’s court system to deliver court excellence as well as future policies for reform.
New Law on Cyber Security New Law on Cyber Security
Adopted last June, the Law on Cyber Security aims to meet the need to protect the national security and ensure social order and safety in cyberspace.
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.
Legal reform needed for streamlining the state apparatus Legal reform needed for streamlining the state apparatus
Vietnam Law and Legal Forum would like to introduce the article by the NA Chairman Nguyen Thi Kim Ngan which suggests specific solutions for improving the legal system on the organization of the state apparatus in the spirit of Resolution No. 18-NQ/TW on continued renovation and rearrangement of the apparatus of the political system and Resolution No. 19-NQ/TW on continued renovation of the organizational system and improvement of the quality and efficiency of public non-business units.

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