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Official Gazette

Saturday, July 4, 2020
Tags: Law on Execution of Criminal Judgments
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.
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.
Official Gazette issues Nos 79-81/2019 available on November 20 2019 Official Gazette issues Nos 79-81/2019, available on November 20, 2019
Inmate labor under the 2019 Law on Execution of Criminal Judgments Inmate labor under the 2019 Law on Execution of Criminal Judgments
In Vietnam, since 1945 the law on execution of imprisonment sentences has always considered labor a fundamental element of the inmate education regime. According to the traditional theory of combined punishment and education, labor is always a duty of inmates. Under the 2015 Penal Code (revised in 2017) (the Penal Code), inmates must serve their imprisonment sentences and work and learn so as to become useful to the society[1]. Compared to other daily activities of inmates, their working activities are to be carried out throughout their sentence serving period and exert important effects on their education and reform results. Through these activities inmates can learn working skills and generate some incomes for their future community integration. That’s why the Law on Execution of Criminal Judgments (the Law) seeks to improve the inmate labor regime primarily for raising the effectiveness of inmate education and reform.
NA Standing Committee wraps up 30th session NA Standing Committee wraps up 30th session
The National Assembly Standing Committee concluded its 30th session on January 10, having completed all items on the working agenda.
Judgment execution for commercial legal entities brought into law Judgment execution for commercial legal entities brought into law
Members of the National Assembly Standing Committee on September 13 discussed draft amendments to the 2010 Law on Execution of Criminal Judgments, focusing on implementation of criminal sentences and judicial measures imposed on commercial legal entities and the conditional early release policy.
Justice sector seeks to improve legislation Justice sector seeks to improve legislation
At the arrival of New Year 2018, Deputy Minister of Justice Phan Chi Hieu grants an interview to Vietnam Law and Legal Forum on the Government’s legislative work and the Ministry’s key tasks in 2018.
Execution of administrative judgments in Vietnam: an overview Execution of administrative judgments in Vietnam: an overview
In Vietnam, while execution of criminal judgments and execution of civil judgments are regulated by two separate laws, i.e. the 2010 Law on Execution of Criminal Judgments and the 2008 Law on Execution of Civil Judgments (revised in 2014). Issues related to the execution of administrative judgments are incorporated in the Law on Administrative Procedure.
Economic crimes in new Penal Code Economic crimes in new Penal Code
With 46 articles compared to 35 articles in the 1999 Penal Code, Chapter XVIII on crimes of infringing upon the economic management order is one of the much amended chapters of the 2015 Penal Code. Its amendments aim to implement the judicial reform on criminalizing socially dangerous acts that newly emerge in the socio-economic development and international integration process.

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