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.

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.

This article highlights the new approach adopted by the 2015 Civil Code to the application of limitation periods for requesting settlement of civil cases and matters. It also explores some specific limitation periods for declaring civil transactions null and void, requesting protection of personal rights, initiating contract-related lawsuits, and claiming compensation.

Compared to its predecessor enacted in 2009, the Law contains numerous new provisions consistent with the 2013 Constitution and relevant codes and laws promulgated in 2015 such as the Civil Code, Penal Code, Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedures, and Law on Custody and Temporary Detention.

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.

The Government should take note of opinions expressed by National Assembly deputies and draw lessons to roll out breakthrough and drastic solutions in management work with a view to accomplishing socio-economic tasks set for the remaining months of the year, NA Chairwoman Nguyen Thi Kim Ngan said on June 21.

With 73 articles arranged in 11 chapters, the Law on Enforcement of Custody and Temporary Detention regulates the principles, order and procedures for enforcement of custody and temporary detention.

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.

The State’s responsibility for compensating those who’ve been wrongfully convicted was the hot topic at the National Assembly (NA) Standing Committee's sixth session that opened on January 9 in Hanoi.