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Recent Legal and Political Changes in Vietnam and the Role of the Courts in the Vietnamese Criminal Justice System

NCJ Number
165878
Journal
International Criminal Justice Review Volume: 6 Dated: (1996) Pages: 58-78
Author(s)
L M Holscher
Date Published
1996
Length
21 pages
Annotation
This article describes the structure of Vietnam's national government as well as the lawmaking process and discusses the role of the Ministry of Justice, prosecutors, judges, and attorneys in the criminal justice system.
Abstract
The information and data presented in this article were collected during two trips to Vietnam in 1993 and 1995. Information on the legal system and criminal procedure in Vietnam was collected from three principal sources: the Vietnamese penal code and criminal procedure; interviews conducted in Vietnam with judges, law professors, members of the Ministry of Justice, staff at the United States Liaison Office, attorneys, and other individuals knowledgeable about current legal and criminal justice issues. In addition to an analysis of the criminal justice system and the role of the courts in it, an overview of the crime problem in Vietnam is also presented. The last section of the paper describes the Vietnamese criminal justice system from intake through sentencing. Criminal law and procedure in Vietnam, although similar to those of many other countries in the world, are also unique because of the country's Buddhist- Confucian, French, and socialist heritage. The author concludes that although major problems continue to exist, there have been recent political, legal, and economic developments that promise a relatively stable future for Vietnam. 45 references and an appended organizational chart of Vietnam's judicial system